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HomeMy WebLinkAboutR-1990-D5861 Collective Bargaining c RESOLUTION NO. v U 0 2: A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a collective bargaining agreement for calendar years 1991 -1993 with the Yakima Police Patrolman's Association. WHEREAS, pursuant to requirements of state law, labor negotiations have occurred between the City and the Yakima Police Patrolman's Association resulting in the attached collective bargaining agreement document for calendar years 1991 -1993, and WHEREAS, the City Council deems it to be in the best interests of the City that such collective bargaining agreement be executed by the City, now, therefore, BE IT RESOLVED BY THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute a collective bargaining agreement for calendar years 1991 -1993 with the Yakima Police Patrolman's Association, a copy of which collective bargaining agreement is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this i ` - day of December, 1990. c22.t MAYOR ATTEST: CITY CLERK PERSIX - Agenda - Police 12/18/90 — Page 3 COLLECTIVE BARGAINING AGREEMENT by and between CITY OF YAKIMA and YAKIMA POLICE PATROLMANS ASSOCIATION Effective January 1, 1991 through December 31, 1993 t TABLE OF CONTENTS ARTICLE 1 - RECOGNITION OF ASSOCIATION /BARGAINING UNIT 1 ARTICLE 2 - COLLECTIVE BARGAINING REPRESENTATIVES 2 ARTICLE 3 - ASSOCIATION MEMBERSHIP /PAYROLL DEDUCTIONS 2 ARTICLE 4 - ASSOCIATION SECURITY 3 ARTICLE 5 - NON - DISCRIMINATION 3 ARTICLE 6 - COLLECTIVE BARGAINING 4 ARTICLE 7 - GRIEVANCE PROCEDURE 5 ARTICLE 8 - BUSINESS LEAVE 8 ARTICLE 9 - ASSOCIATION REPRESENTATIVE ASSIGNED DAY SHIFT 8 ARTICLE 10 - MANAGEMENT RIGHTS 9 ARTICLE 11 - EMPLOYEES' RIGHTS 10 ARTICLE 12 - WAGES 11 ARTICLE 13 - SHIFT HOURS 13 ARTICLE 14 - VACATIONS 13 ARTICLE 15 - SENIORITY SYSTEM 14 ARTICLE 16 - HOLIDAY ASSIGNMENT 14 ARTICLE 17 - UNIFORM CLEANING AND ISSUE 15 ARTICLE 18 - CLOTHING ALLOWANCE 15 ARTICLE 19 - LIFE INSURANCE 15 ARTICLE 20 - HEALTH INSURANCE 15 ARTICLE 21 - LIABILITY AND PHYSICAL DAMAGE INSURANCE 25 ARTICLE 22 - DIFFERENTIAL PAY 26 ARTICLE 23 - SICK LEAVE 26 ARTICLE 24 - TRANSPORTATION 31 ARTICLE 25 - RADIO OPERATORS 31 ARTICLE 26 - SPECIAL ASSIGNMENT IN HIGHER CLASSIFICATIONS 32 ARTICLE 27 - TRAVEL AND TRAINING TIME 32 ARTICLE 28 - GENERAL, SPECIAL AND PERSONNEL ORDERS 32 ARTICLE 29 - ADVANCE NOTICE OF SHIFT CHANGE 32 ARTICLE 30 - IMPROVED PERFORMANCE AND EFFICIENCY 33 ARTICLE 31 - SAVINGS CLAUSE 33 ARTICLE 32 - WITNESS -CIVIL SERVICE BOARD 33 ARTICLE 33 - DEFENSE AGAINST CRIMINAL CHARGES 33 ARTICLE 34 - PHYSICAL FITNESS 34 ARTICLE 35 - DURATION 34 ARTICLE 36 - CODE PROVISIONS 34 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF YAKIMA AND YAKIMA POLICE PATROLMANS ASSOCIATION THIS AGREEMENT, is made and entered into by and between the City of Yakima, Washington, hereinafter called the City, and the Yakima Police Patrolmans Association, hereinafter called the Association. WITNESSETH: WHEREAS, Chapter 41.56 of the Revised Code of Washington (hereinafter RCW 41.56) contemplates the execution of collective bargaining agreements between cities and collective bargaining representatives of government em- ployees, the intent and purpose of such chapter being the promotion of the continued improvement of the relationship between the public employers and their employees by providing a uniform basis for implementing the right of employees to join labor organizations of their own choosing and to be rep- resented by such organizations in matters concerning their employment rela- tions with public employers, and WHEREAS, the parties to this agreement recognize that benefits accrue to employees of the City by virtue of their Association membership, and that the best interests of the government and people of the City of Yakima are served by the City's official recognition of the Association, NOW, THEREFORE, pursuant to RCW 41.56, and in accordance with the in- tent and purpose thereof, and for the purpose of promoting the morale, well- being and security of the employees of the Yakima Police Department repre- sented by the Association, and for the purpose of promoting the general effi- ciency of the government of the City of Yakima, the parties hereto agree as . follows: ARTICLE 1 RECOGNITION OF ASSOCIATION/BARGAINING UNIT The City hereby recognizes the Association as the exclusive bargaining repre- sentative of employees within the bargaining unit, which consists of all full - time regular police officers, including probationary police officers, of the Yakima Police Department except those persons appointed to positions above the rank of Sergeant. - 1 - ARTICLE 2 - COLLECTIVE BARGAINING REPRESENTATIVES Collective bargaining between the parties shall be carried out by the City Manager, or his designates, on behalf of the City Council, and a person or per- sons representing the Association. The Secretary of the Association shall notify the City Manager in writing of the names of the person or persons representing the Association for collective bargaining purposes and the City Manager shall notify the Association of his designates in a similar manner. ARTICLE 3 - ASSOCIATION MEMBERSHIP /PAYROLL DEDUCTIONS Section 1 - Association Membership. Each employee within the bargaining unit is eligible to become and remain an Association member. However, active Association membership shall not be open to those employees of the Yakima Police Department permanently appointed to the positions excepted from the bargaining unit by Article 1 of this Agreement. In the event an Association member is permanently appointed to any position excepted from the bargaining unit, active Association membership shall thereupon be closed to him and he shall immediately discontinue active Association member- ship. Section 2 - Payroll Deductions. The City agrees to deduct Association mem- bership fees, dues and other assessments by the Association against its mem- bers within the bargaining unit from the pay of those members who autho- rize the City to do so in writing. The Secretary of the Association shall for- ward signed authorization cards to the Finance Officer of the City setting forth the amounts to be deducted from the pay of each such person. The City shall • transmit to the Treasurer of the Association the aggregate of such deductions during each calendar month, together with an itemized statement, on or before the 20th day of each month following the month for which such deductions are made. In the event the City receives a written notice, signed by any person from whose pay such deductions are being made, that no further deductions are to be made, the City shall make no such deductions from any pay earned by that person after receipt by the City of such notice. The City shall notify the Secretary of the Association of all such notices received by the City, which notification to the Association shall be given in writing no later than the next working day after the receipt of such notice by the City and shall include the name of the person involved. The Association agrees to defend, at the expense of the Association, any claim, allegation, cause of action, or lawsuit against the City arising from the above cited deductions or the transmittal of such deductions to the Association, except one brought by the Association for failure of the City to comply with the terms of the Agreement. -2- ARTICLE 4 - ASSOCIATION SECURITY It shall be a condition of employment that all employees covered by this Agreement who are members of the Association in good standing on the effective date of this Agreement shall remain members in good standing. It shall also be a condition of employment that all employees covered by this Agreement and hired on or after its effective date shall, on or before the thirty -first (31st) day following the beginning of such employment, become and remain members in good standing of the Association. All employees covered by this Agreement, except new employees during the first thirty -one (31) days of their employment, shall be required to be and remain members in good standing of the Association. The City shall discharge any employees as to whom the Association, through its authorized representative, delivers to the City a written notice that such employee is not in good standing in conformity with this Article. Upon receipt of a notice requesting termination of an employee who has not become or remained a member in good standing of the Association, the City shall immediately notify such employee that if he has not complied with the Association membership requirements of this Agreement within fifteen (15) days, his employment shall automatically be terminated. The Association agrees to withdraw any letter of termination if the employee, in respect to whom such letter has been served, shall complete his membership require- ments within the time limit specified heretofore. Pursuant to RCW 41.56.122, the foregoing provisions of this Article shall not apply to employees who are bona fide members of a church or religious body whose religious tenets or teachings prohibit membership in employee associ- ations. However, every such employee shall pay an amount of money equivalent to regular Association dues and initiation fees to a non - religious charity or to another charitable organization mutually agreed upon by the employee affected and the Association. The employee shall furnish written proof that such payment has been made. ARTICLE 5 - NON - DISCRIMINATION It is the policy of the City of Yakima and the Association not to discriminate against any employees or applicants for employment because of race, color, religion, age, sex, physical, mental, or emotional handicap or national origin. It is not the intent of management to lower employment standards or hire individuals incapable of performing the required tasks of the job classifica- tion. -3- Nothing in this section shall prohibit the City from establishing bona fide occupational qualifications. ARTICLE 6 - COLLECTIVE BARGAINING Section 1. All matters pertaining to wages, hours and working conditions, except as otherwise provided in this Agreement, shall be established through the negotiation procedure. All ordinances existing at the time of execution of this Agreement and relating to wages, hours and working conditions for members of the bargaining unit shall be considered a part of this agreement. No ordinance pertaining to wages, hours or working conditions of members of the bargaining unit shall be recommended by the City Manager to the City Council unless mutually agreed upon between the City Manager and the col- lective bargaining committee of the Association. Section 2. Each year the Association shall submit to the City Manager and the City Manager shall submit to the Association a written proposal for any • changes in matters pertaining to wages, hours or working conditions desired for the subsequent year. The written proposals of the Association shall be submitted no later than July 1st, and the City's proposal shall be submitted no later than July 10th. The former date shall be considered the formal com- mencement of negotiations. The Association and the City shall follow the collective bargaining procedure set forth in RCW 41.56, unless they mutually agree to waive said procedure in whole or in part. Commencement of mediation or arbitration as therein provided shall not prevent the parties from entering into negotiations seeking to resolve any differences during the pendency of mediation or arbitration. Any agreements reached during such negotiations shall be reported to the appropriate panel, and thereafter shall not be considered by said panel. All agreements reached not otherwise included in this Collective Bargaining Agreement shall be reduced to writing in a separate Memorandum of Agreement which shall be signed by the City Manager and the Association's representative. Section 3. One copy of the preliminary City Budget for each year shall be delivered to the Association or the Association shall be given written notice where it may obtain same, as soon as said preliminary budget is printed. One copy of the adopted annual budget shall be delivered to the Association or the Association shall be given written notice where it may obtain same as soon as the adopted annual budget is printed. -4- ARTICLE 7 - GRIEVANCE PROCEDURE Section 1 - Policy. The parties recognize that the most effective accomplish- ment of the work of the City requires prompt consideration and equitable adjustments of employee grievances. It is the desire of the parties to adjust grievances informally whenever possible, and both supervisors and employ- ees are expected to make every effort to resolve problems as they arise. However, it is recognized that there may be grievances which can be resolved only after a formal review. Accordingly, the following procedure is hereby established in order that grievances of employees covered by this agreement may be resolved as fairly and expeditiously as possible. Section 2 - Grievance Defined. A grievance is a dispute involving the inter- . pretation, application or alleged violation of any specific provisions of this Collective Bargaining Agreement but shall not include those disputes involving the interpretation or application or alleged violation of the Yakima Police Civil Service Rules and Regulations. To be reviewable under this pro- cedure, a grievance must be filed in writing within thirty (30) days of the occurrence. Section 3 - Special Provisions. (a) The term "employee" as used in this Article shall mean an indi- vidual employee, or group of employees, accompanied by a rep- resentative if so desired. (b) An Association officer and /or aggrieved party shall be granted time off without loss of pay for the purpose of processing a grievance. (c) Grievances on behalf of an individual employee may not be ini- tiated or pursued without his or her consent. (d) A grievance may be entertained in or advanced to any step in the grievance procedure if the parties so jointly agree. (e) The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration of such extension of time must be signed by both parties involved at the step to be extended. Failure to meet the time limit or extended time limit for responses shall render the decision in favor of the grievant. (f) Any grievance shall be considered settled at the completion of any steps if all parties are satisfied or if neither party presents the -5- matter to a higher authority within the prescribed period of time. If the grievance is not appealed as prescribed the issues shall be deemed withdrawn. (g) If an employee seeks a Civil Service Remedy then said employee waives all rights to use the grievance procedure. If an employee uses the grievance procedure then said employee waives all rights to use the Civil Service Procedures. Section 4 - Procedure. (a) Written Grievance to Immediate Superior. As soon as possible, but in no case later than thirty (30) calendar days after an employee has been made reasonably aware of a wrongful act charged, an employee shall first reduce his grievance to writing and discuss it with his immediate superior. Said superior shall make an investigation of the relevant facts and circumstances of the complaint and provide a written decision, and the reasons therefore, within seven (7) calendar days. (b) Written Grievance to Division Lieutenant. If the grievance is not resolved in Step 1, then the written grievance may be sub- mitted by the employee to the Division Lieutenant within seven (7) calendar days of receipt of the written decision of the imme- diate superior. The Division Lieutenant shall hear the grievance and forward a written decision and the reason therefore, to the employee within seven (7) calendar days after receipt of the grievance. (c) Written Grievance to Division Captain. If the grievance is not resolved in Step 2, then the written grievance may be submitted by the employee to the Division Captain within seven (7) calen- dar days of receipt of the written decision of the immediate supervisor. The Division Captain shall hear the grievance and forward a written decision, and the reasons therefore, to the employee within fourteen (14) calendar days after receipt of the grievance. (d) Grievance Appealed to Police Chief. An employee who is dissatisfied with the decision of the Division Captain may sub- mit the grievance in writing within seven (7) calendar days to the Police Chief. The Police Chief shall make a separate investi- gation and notify the employee in writing of his decision, and the reasons therefore, within seven (7) calendar days after receipt of the employee's grievance. -6- (e) Grievance Appealed to City Manager. An employee who is dis- satisfied with the decision of the Chief of the Police Department may request a review by the City Manager by submitting a writ- ten request to him. Such request shall be submitted within seven (7) calendar days after receipt of the decision from the Chief of the Police Department. Upon receipt of the request for such a review, the City Manager shall, within seven (7) calendar days, convene a board comprised of a representative of the City, a representative of the Association or the aggrieved party, and a third (3rd) member selected by the aforementioned two (2) members, who shall serve as the Chairman. If the representa- tive of the City and the aggrieved cannot agree upon a third (3rd) member within seven (7) working days, they shall request that the Civil Service Commission for Police and Fire of the City of Yakima designate a neutral citizen of the City of Yakima, to serve as the Chairman. The Committee shall investigate the grievance and make recommendations to the City Manager for resolution of the grievance within thirty (30) days following the Committee's formation. If either party wishes to appeal the matter further, said party shall proceed to request arbitration in accordance with paragraph (f) below. (f) Arbitration. At either party's request, the grievance may be submitted to arbitration as the final step in the grievance proce- dure. The parties and their representatives shall either singu- larly or jointly request the State public Employment Relations Commission for a list of names of five (5) arbitrators. Alternatively, if either party wishes to request a list from the American Arbitration Association (AAA) or FMCS then the other party shall adhere to this request. The parties shall select an arbitrator from the agreed on list by mutually agreeing to an arbitrator or by alternately striking names. The order of striking of names shall be determined by lot. The final name left on this ' list shall be the arbitrator. The arbitrator's decision shall be final and binding but the arbitrator shall have no power to alter, modify, add to or subtract from the terms of this Agreement. The arbitrator's decision shall be submitted within thirty (30) calendar days from the date of the hearing. The arbitrator's pro- fessional fees and the expenses of a court reporter (if any) and hearing room shall be borne equally by the parties. Each party shall bear their own expenses for presentation of the grievance. -7- ARTICLE 8 - BUSINESS LEAVE Section 1. Members representing the Association, not exceeding three (3) in number, shall be granted leave from duty without any loss of pay during the pre- impasse period as provided in RCW 41.56, for all meetings between the City and the Association for the purpose of negotiating the terms of a contract, when such meetings take place at a time during which any such members are scheduled to be on duty. Section 2. Members representing the Association, not exceeding three (3) in number, shall be granted leave from duty without any loss of pay during the post- impasse period as provided in RCW 41.56, for meetings between the City and the Association for purposes of negotiating a contract or attendance at mediation, or arbitration hearings when such activities take place at a time during which any such members are scheduled to be on duty; provided, how- ever, that the cumulative total of all such paid leave during the post- impasse period shall not exceed fifteen (15) days. Section 3. Such officers and members of the Association as may be designated by the Association, not to exceed two (2) in number at any one time, shall be granted leave from duty without pay for Association business, such as attend- ing labor conventions and educational conferences regarding collective bar- gaining, provided that notice of such conventions or conferences shall be given at least one (1) week prior thereto to Chief of the Police Department, and provided further that the total leave for the bargaining unit for the pur- poses set forth in this section shall not exceed fifteen (15) days in any fiscal year. Section 4. Officers and members of the Association on business leave, either paid or unpaid, will list the date, place and nature or reason for leave on forms required by the Chief of Police, to enable the Chief to verify the legiti- macy of such absence. ARTICLE 9 - ASSOCIATION REPRESENTATIVE ASSIGNED DAY SHIFT To assist the City during the term of contract negotiations, the Association Chairman, if a member of the negotiating committee, shall be assigned to an appropriate day shift. During the balance of the term of the contract the Association shall submit to the Chief of Police a list of not less than three (3) names of members (which may include the Chairman), authorized to handle a grievance, and the Chief shall schedule at least one (1) of these on an appro- priate day shift. -8- ARTICLE 10 - MANAGEMENT RIGHTS Except as specifically abridged, granted, delegated or modified by this Agreement, including amendments, the City retains all legal and inherent exclusive rights. Furthermore, the City reserves all customary management prerogatives including but not limited to, the right to: (1) Establish, plan for, and direct the work force toward the goals of the municipal government. (2) Determine the organization, and the merits, necessity and level of activity or service provided to the public. (3) Determine the City budget and financial policies including accounting procedures. (4) Establish, regulate and administer a personnel system, in con- formity with the City Charter and Police Civil Service Rules and Regulations, which provides for all types of personnel transac- tions including determining the procedures and standards for hiring, promotion, transfer, assignment, layoff, discipline, reten- tion and classification of positions. (5) Determine the methods, means, equipment, numbers and kinds of personnel and the job or position content required to accom- plish governmental operations and maintain the efficiency thereof. (6) Determine and change the number and locations and types of operations, processes and materials to be used in carrying out all City functions. (7) Assign work to and schedule employees in accordance with clas- sifications and position descriptions, and to establish and change work schedules in accordance with Article 13. (8) Relieve any employees from duty due to lack of work or insuffi- cient funds. (9) Take necessary actions to carry out the mission of the City in emergencies. An emergency is defined as a sudden, unforeseen event which threatens the public health or safety. Any employee within the bargaining unit who may feel aggrieved by the unfair or discriminatory exercise of any of the Management Rights specified -9- hereinabove, or any other claimed prerogative may seek his /her remedy by the grievance procedure provided in the Agreement. ARTICLE 11 EMPLOYEES' RIGHTS No employee shall, by reason of his employment, be deprived of any rights or freedoms which are afforded to other citizens of the United States by the United States Constitution. No employee shall be compelled by the City to give self- incriminating infor- mation, either verbal or written, during any criminal investigation when such investigation involves allegations against himself nor in any internal investigation which could lead to a criminal charge against himself. Any refusal by an employee to give self - incriminating information under these conditions will not result in his termination, suspension, reprimand, transfer nor any other form of disciplinary action by the City. Section 1 - Discipline and Discharge. All discipline must be based upon just cause. Any discipline shall be imposed in a manner least likely to embarrass the employee before the public or other employees. Any disciplinary action imposed upon an employee may be the basis for a grievance through the reg- ular grievance procedure. Disciplinary actions or measures shall include the following: oral admoni- tions and warnings; written reprimand or written letters of warning; suspen- sion; demotion; or discharge. Discipline shall be progressive in nature where appropriate. Section 2 - Bill of Rights. All employees within the bargaining unit shall be entitled to the protection of what shall hereafter be termed as the "Police Officers Bill of Rights ". The wide ranging powers and duties given to the department and its members involve them in all manner of contacts and relationships with the public. Of these contacts come many questions concerning the actions of members of the force. These questions often require an immediate investigation by superior officers designated by the Chief of Police. In an effort to insure that these investigations are conducted in a manner which is conducive to good order and discipline, the following guidelines are promulgated. (a) Whenever the Chief of Police or the designated alternate of the Chief of Police decides to conduct a formal internal affairs inves- tigation, any employee who is the subject of the complaint shall be informed in writing of the nature of the investigation, and advised of the rights of the employee before any interview of the -10- employee begins. Written notice shall include sufficient infor- mation necessary to reasonably apprise the employee of the alle- gations of such complaint. (b Any interview of an employee shall be at a reasonable hour, preferably when the employee is on duty, unless the exigencies of the investigation dictate otherwise. Where practicable, inter- views shall be scheduled for the day time. (c) The interview, which shall not violate the employee's constitu- tional rights, shall take place at the Yakima Police Station facility, except where impractical. The employee shall be afforded the opportunity and facilities to contact and consult privately with an attorney of the employee's own choosing and /or a represen- tative of the Association. Said attorney and /or representative of the Association may be present during the interview but shall not participate in the interrogation except to counsel the employee. (d) The questioning shall not be overly long and the employee shall be entitled reasonable intermissions as the employee shall request for personal necessities, meals, telephone calls and rest periods. (e) The employee shall not be subjected to any offensive language, nor shall the employee be threatened with dismissal, transfer, or other disciplinary punishment as a guise to obtain the resigna- tion of the employee nor shall the employee be intimidated in any manner. No promises or reward shall be made as an inducement to answer questions. (f) It shall be unlawful for the City to require any employee covered • by this agreement to take or be subjected to any polygraph or any polygraph type of examination as the condition of continued or continuous employment or to avoid any threatened disciplinary action. ARTICLE 12 - WAGES Section 1 - Salary Schedule. Effective Tanuary 1, 1991, the compensation schedule in effect December 31, 1990 shall be increased by five and one -half percent (5.5 %). Effective January 1, 1992, the compensation schedule in effect December 31, 1991 shall be increased based on the following formula: - 11 - Percentage increase to be based on ninety (90%) percent of an averaging of the U.S. Cities Consumer Price Index (CPI -W) and Seattle Consumer Price Index for Wage Earners, both for the period July, 1990 to July, 1991 subject to a three and one -half (3.5 %) percent minimum and a seven and one -half (7.5%) percent maximum. • Effective January 1, 1993, the compensation schedule in effect December 31, 1992 shall be increased based on the following formula: Percentage increase to be based on ninety (90 %) percent of an averaging of the U.S. Cities Consumer Price Index (CPI -W) and Seattle Consumer Price Index for Wage Earners, both for the period July to July, subject to a three and one -half (3.5%) percent minimum and a seven and one - half (7.5 %) percent maximum subject further to employees contributing one -half of one percent (0.5 %) towards dependent medical insurance premiums. e.g. if formula generates seven and one -half (7.5 %) then seven (7.0 %) percent goes to wages and and one -half of one percent (0.5 %) goes towards dependent medical insurance premiums. If the averaging of the U.S. Cities Consumer Price Index (CPI -W) and Seattle Consumer Price Index for Wage Earners, both for the period July, 1991 to July, 1992 exceeds ten (10.0 %) percent, then the YPPA, if they want, will be allowed to reopen on wages only with one -half of one percent (0.5 %) of the reopener wage increase being allocated to dependent medical insurance premiums. If YPPA elects to reopen, then the City will have the right to open on one topic as well. Section 2 - Longevity. Commencing January 1, 1991, commissioned Police Officers and Sergeants of the City of Yakima who are regularly and continu- ously employed full time, and who have completed periods of service as hereinafter set forth, shall receive compensation, called longevity pay, in ad- dition to their regular salary, according to the following schedule, to be paid on the first applicable pay day following the 31st day of December and the 30th day of June of each year. Years Of Service Longevity Compensation At least four (4) years and less than nine (9) years 1.5% of base salary At least nine (9) years and less than fourteen (14) years 3.0% of base salary At least fourteen (14) years and less than nineteen (19) years 4.5% of base salary -12- At least nineteen (19) years and 6.0% of base salary less than twenty -four (24) years Twenty -four (24) years or more 8.0% of base salary In addition, applicable provisions of Municipal Code Section 2.24.010, Subsections C, D and E are incorporated herein by reference as if set forth in full. ARTICLE 13 - SHIFT HOURS The City shall have the right to establish work schedules and starting times provided that no shift shall commence duty between the hours of midnight and 6:00 a.m. Within the aforementioned range, the City may, at its sole dis- cretion, change or alter shift hours so that the appropriate level of protection to life and property in the community is maintained. Nothing herein shall prevent the City from temporarily changing shift hours to any starting time to meet emergency situations. Upon termination of said emergency, shift hours will be made to conform with normal practice. ARTICLE 14 - VACATIONS Police Officers and Sergeants shall be granted annual vacation as follows: After one (1) full year of employment - Ten (10) working days (five (5) days may be taken after six (6) months of employment) After two (2) full years of employment - Twelve (12) work- ing days After five (5) full years of employment - Fifteen (15) work- ing days After ten (10) full years of employment - Twenty (20) work- ing days After fifteen (15) full years of employment - Twenty -three (23) working days After twenty (20) full years of employment - Twenty -four (24) working days -13- Said employees may accumulate vacation leave time in an amount equal to the vacation time the employee earns during two (2) years' of service, accord- ing to the above schedule. ARTICLE 15 - SENIORITY SYSTEM A seniority roster will be maintained by the Chief of the Police Department, or his /her designate, and shall be used to schedule vacation leaves and days off. Scheduling vacation leave and days off shall be executed by the Chief, or his designate, as an administrative function. Seniority shall govern priorities for vacation leave and days off, provided, the Chief may schedule vacation leave and days off for times other than those indicated by the seniority roster when, in his judgment the seniority priority must be subordinated to the welfare of the Police Department or any division thereof. For purposes of this Article, and for purposes of scheduling vacation leave and days off, seniority means a status of employee gained by continuous length of service and by rank, with an employee of higher rank having greater seniority than an employee of lower rank, and, as between employees of equal ranks, the employee with the longest continuous service in that rank having seniority. Determination Of Seniority. Seniority shall be established in the following manner: Seniority is established by the length of continuous service, starting with the date of hire. If two (2) or more persons are hired on the same day, the score appear- ing on the entrance examination used for the appointment shall de- termine seniority, with the person obtaining the highest score to have the greatest seniority. If two (2) or more persons have identical scores on the entrance exami- nation, seniority shall be determined in alphabetical order. An employee within the bargaining unit who may feel aggrieved by the administration of such a seniority system shall seek his remedy by the grievance procedure provided in Article 7 of this Agreement. ARTICLE 16 - HOLIDAY ASSIGNMENT Where shift strength is reduced or increased on holidays, consistent with the needs of the City, assignments shall be offered to the most senior qualified -14- officer within a work unit (e.g. squad) of the appropriate division. Except for an emergency, the City shall provide a minimum of forty -eight (48) hours notice of any deviation from normal shift strength so that officers may plan the use of their time. ARTICLE 17 - UNIFORM CLEANING AND ISSUE The City shall pay for all necessary cleaning of uniforms for members of the bargaining unit. The City may determine, from time to time, where said uni- forms shall be cleaned. Reasonable regulations concerning such cleaning may be adopted by the Police Department. In addition to the minimum issue of uniform items listed in Appendix "A ", effective January 1, 1981, other apparel and collateral equipment will be sup- plied to each patrol officer. The specific types and costs of said apparel and equipment are subject to further specification in discussions between the Police Chief and a committee of the Association. ARTICLE 18 - CLOTHING ALLOWANCE Police detectives and police officers assigned to the Detective Division of the Police Department, when not required to wear a uniform in the performance of their assigned duties, shall be paid a monthly clothing allowance of thirty dollars ($30.00) in lieu of an issued uniform. ARTICLE 19 - LIFE INSURANCE The City shall provide fifteen thousand dollars ($15,000.00) group life insur- ance for each employee in the bargaining unit. Effective July 1, 1987, the City will provide optional additional term life insurance for employees of the bargaining unit to be paid at the employee's expense through payroll deduction. The City shall have the right to determine the insurance carrier. ARTICLE 20 - HEALTH INSURANCE Section 1 - Employee Medical Coverage (LEOFF I). For the period January 1, 1991, through December 31, 1993, LEOFF I employees will be covered by a -15- medical insurance plan which generally provides for no deductible, 100% coverage. Section 2 - Employee Medical Coverage (LEOFF II). For the period January 1, 1991, through December 31, 1993, LEOFF II employees will be covered by the medical insurance plan in effect during 1988 except as otherwise provided in Section 4 below. The medical plan shall provide for a deductible of Fifty Dollars ($50.00) charged semi - annually per employee. The plan shall provide for an 80 %/20% sharing of costs except that the plan shall provide for 100% of the usual and customary rate (UCR) for office calls to be paid. The entire pre- mium for said coverage shall be paid by the City. Section 3 - Dependent Medical Coverage. For the period January 1, 1991, through December 31, 1991, the City will pay the entire monthly premium for dependent medical insurance except that the employees have agreed to allocate an additional nine tenths of one percent (0.9 %), effective January 1, 1991, towards dependent medical insurance. This brings the total employee contribution to one and four tenths percent (1.4 %) based on a continuance of the one -half of one percent (0.5 %) contribution for 1990 and added to the 1991 contributions. Dependents will be covered by the medical insurance plan and the premiums which are applicable to policy provisions in effect in 1990 (Fifty Dollars ($50.00) deductible charged semi - annually, 80% /20% sharing) except as otherwise provided in Section 4 below. In addition, 100% of the Usual and Customary Rate (UCR) for office calls will be paid subject to the provisions of Section 4 below. For the period January 1, 1992, through December 31, 1992, the City will pay the entire monthly premium for dependent medical insurance except for the employees' continuing contribution of the total of one and four tenths percent (1.4 %) from 1990 and 1991 to pay for dependent medical insurance. Dependents will be covered by the medical insurance plan and the premiums which are applicable to policy provisions in effect in 1991 (Fifty Dollars ($50.00) deductible charged semi - annually, 80 %/20% sharing) except as oth- erwise provided in Section 4 below. In addition, 100% of the Usual and Customary Rate (UCR) for office calls will be paid subject to the provisions of Section 4 below. For the period effective January 1, 1993, through December 31, 1993, the City will pay the entire monthly premium for dependent medical insurance except that one -half of one percent (0.5 %) of the January 1, 1993, wage increase will be allocated to pay for dependent medical insurance. This brings the total employee contribution to one and nine tenths percent (1.9 %). Dependents will be covered by the medical insurance plan and the premiums which are applicable to policy provisions in effect in 1992 (Fifty Dollars ($50.00) deductible charged semi - annually, 80 %/20% sharing) except as otherwise provided in Section 4 below. In addition, 100% of the Usual and Customary -16- Rate (UCR) for office calls will be paid subject to the provisions of Section 4 below. Section 4 - Cost Containment Provisions. The medical plan will be inclusive of the following provisions: (1) Alcohol /Substance Abuse. Treatments shall be covered by the major medical program with an annual payment not to exceed three thousand dollars ($3,000.00) per patient, provided; that the patient must complete the treatment plan. This provision shall be limited to two (2) treatments per patient per lifetime and may be either inpatient or outpatient at the patient's choice. (Effective July 1, 1987) (2) Generic Drugs. Prescription generic drugs shall be covered at one hundred percent (100 %) after the payment of a Two Dollar ($2.00) deductible per prescription. (Effective July 1, 1987) (3) Maternity. If the hospital stay relating to the delivery of a child born by a covered employee or employee's spouse does not ex- ceed forty -eight (48) hours, the medical plan shall pay a bonus of Seventy -Five Dollars ($75.00) to the insured patient. (Effective July 1, 1987) (4) Audit. If an employee or dependent discovers an error in a medical bill which is subsequently recovered, the medical plan will reimburse the covered person fifty percent (50 %) of the recovered amount up to One Hundred Dollars ($100.00) reim- bursed. (Effective July 1, 1987) (5) Weekend Admission. Benefits for room and board charges by a hospital shall not be payable for the Friday, Saturday, and /or Sunday of a confinement if the patient is admitted on one of these days, unless: (a) The confinement is for emergency treatment or services; or (b) A surgical operation is scheduled for the day after the date of admission; or • (c) Medical treatment, requiring hospital confinement, is scheduled for the day after the date of admission. (Effective July 1, 1987) -17- (6) The deductible for LEOFF II employees and all eligible depen- dents of all bargaining group employees shall be Fifty Dollars ($50.00) per covered individual charged semi - annually (maximum One Hundred Dollars ($100.00) per year per individ- ual) with a total family deductible of One Hundred Fifty Dollars ($150.00) charged semi - annually (maximum Three Hundred Dollars ($300.00) per family per year). The plan will continue to pay One Hundred Percent (100 %) of the Usual Customary Rate (UCR) for office calls. (Effective January 1, 1988) (7) Chiropractic care to be modified to include one (1) initial visit with two (2) x -rays plus up to twenty -four (24) additional visits per year covered under major medical to a maximum payment of Twenty -Five Dollars ($25.00) per visit (excluding the first visit) with a maximum annual payment not to exceed Seven Hundred Fifty Dollars ($750.00). (Effective January 1, 1988) (8) Pre - admission Testing. Outpatient department charges for surgery made by a hospital where the patient will be confined for the surgery will be paid in full with the deductible waived pro- viding confinement occurs within seven (7) days after testing begins. If such testing is performed while the patient is confined as a hospital inpatient, all related charges incurred for testing prior to a scheduled surgery (including but not limited to hospital room and board and laboratory charges) will be reimbursed at 60% in excess of the deductible with all charges applied to major medical and considered in calculating attainment of the major medical benefit level. (Effective January 1, 1988) (9) Second Surgical Opinion. When the surgical procedures listed below are recommended, a second opinion from a different and qualified physician as to the need for the surgery shall be re- quired. The charges for the second opinion including necessary diagnostic tests shall be paid in full with the deductible waived. If a second opinion is not obtained, covered charges (including but not limited to hospital room and board and ancillary charges and physician's fees) for the surgery and any surgery related charges will be reimbursed at sixty percent (60 %) with all charges applied to major medical and considered in calculating attain- ment of the major medical benefit level in excess of the deductible except in the case of an emergency when a second opinion could not be obtained in which case payment would be made in accordance with the plan. -18- If the two opinions are not confirming, covered charges for a third opinion will be payable in accordance with existing plan conditions, exclusions and limitations. Second surgical opinion shall be required for: Adenoids, Removal Of Jaw Surgery Back Surgery Joint Surgery Bile Duct Surgery Kidney Surgery Breast Surgery Nose /Nasal Surgery Dilation and Curettage Prostate Surgery Eye /Eyelid Surgery Stomach /Gastric Surgery Foot Surgery Thyroid Surgery Gall Bladder Surgery Tonsils, Removal Of Heart Surgery Uterine Surgery Hemorrhoids Varicose Vein Surgery Hernia Surgery Vascular Surgery (Effective January 1, 1988) (10) Well Baby Care. Hospital nursery charges for the routine care of a newborn shall be limited to seventy -two (72) hours following birth. All covered charges shall be paid under the newborn's coverage as a dependent (applying applicable deductible and coinsurance charges). (Effective July 1, 1989) (11) Outpatient Surgery. Covered charges for the following list of surgical procedures when performed on a same -day basis in an outpatient setting will be paid under the major medical benefits at eighty percent /twenty percent (80 %/20 %) under this plan in accordance with all plan conditions, exclusions and limitations, but with the deductible waived. Any of the surgical procedures listed below which are performed on a hospital inpatient basis will be paid at sixty percent (60 %) of the covered charges (including but not limited to hospital room and board and ancillary charges and surgeon's fees) in excess of the deductible, unless it can be demonstrated that special risk factors existed and surgery on a hospital inpatient basis was medically necessary. -19- Outpatient Surgical Procedures: Ear, Nose and Throat Adenoidectomy and Myringotomy Antral Puncture Arch Bars, removal of Branchial arch appendates, excision Caldwell -Luc Closed reduction (nose or sygoma) Ethmoidectomy Foreign body removal (ear) Inclusion cyst, excision Inferior turbinate resection Laryngoscopy Laryngoscopy with operative procedure Mastoidectomy Mouth biopsy Myringoplasty or tympanoplasty Myringotomy with or without tubes Nasal polypectomy Otoscopy Otoscopy (with removal of foreign body) Palate biopsy Poly Tubes, removal Preauricular cyst, excision Septal reconstruction, SMR Stapedectomy Tonsillar tag excision Tonsillectomy, with or without adenoidectomy Tongue biopsy Tympanoplasty Gynecology Adhesions of clitoris, removal Bartholin cystectomy Cautery vaginal cyst Cervical amputation (Stromdorff) Hymenotomy Hysterosalpingogram • Hysteroscopy IUD, removal Cervical cone Cervical polypectomy Cervix, dilatation Colpotomy Condylomata acuminata, removal of or fulguration of Cryotherapy Cryotherapy with biopsy and /or D & C Culdoscopy D &C D & C with conization -20- D & C with culposcopy D & C with laparoscopy D & C with laparoscopy and conization Culdocentesis Episiotomy Exam under anesthesia Labial lesion, excision Laparoscopy MacDonald's procedure Pelvic Endoscopy (Shirodkar) Perineoplasty Perineorrhaphy Phlebography Rectovaginal fistula repair Trans - vaginal ligation of tubes Tubal insufflation Vaginal stenosis, release Vaginal tumor, excision Vaginal web, excision Vaginoplasty Vulvar biopsy Orthopedic Aristospan injection Arthrodesis (phalanges) (other joints) Arthrotomy meniscectomy Arthroscopy Bone reconstruction Bunionectomy (unilateral or bilateral) Bursectomy Capsulectomy Carpal tunnel decompression Carpal tunnel ligament release Cast change with x -ray Closed reduction fracture, with x -ray Closed reduction fracture, without x -ray Debridement Fasciectomy (finger or palm) Finger nail or toenail removal Foreign body excision Foreign body excision, with x -ray Fusion Ganglionectomy Hammertoes, correction of Hammertoes, correction of bilateral Hand fasciectomy for artgrutu Hardware, removal Ligament repair Manipulation of joints (with x -ray) Mass excision with scar revision Metatarsal head, excision (unilateral or bilateral) Morton's neuroma - 21 - Neurolysis (finger or other) Nerve repair (finger /s or other) Neuroma, removal of (finger or other) Olecranon bursa, excision Open reduction fracture, without x -ray Osteotomy • Phalangectomy Plantar wart, excision Sequestrectomy Skin graft Synovectomy Tarsorrhaphy Tendon release (tenotomy) Tendon repair Tendon sheath, release Tenosynovectomy Trigger finger, release Ulnar nerve transfer Zanthoma, excision Z- plasty Zygomatic arch Plastic Surgery Augmentation mammoplasty (unilateral) (bilateral) Basal cell CA, excision Blepharoplasty, upper or lower bilateral Blepharoplasty (combined) Chin augmentation Dermabrasion (partial or full) Facial wife, removal Flap revision Lesion excision with graft Lipectomy Mastopexy Otoplasty (unilateral) (bilateral) Rhinoplasty Rhytidectomy Rhytidectomy with blepharoplasty Scar revision Skin graft Neurosurgical Carpal tunnel decompression Intercostal neurectomy Morton's neuroma Neuroma Ulnar nerve transfer -22- Urological Circumcision (pediatric or adult) Cystoscopy Litholapaxy (bladder stone crushing and removal) Meatotomy Perineal needle biopsy Prostrate biopsy Testicular prosthesis insertion Transurethral resection bladder tumor Urethral catheter Urethral dilatation Vasectomy Hydrocelectomy Orchidectomy Testicular biopsy Vasovasotomy General Surgery Abscess, I & D Anal tag, excision Biopsy (muscle) Breast implant, removal (single) (double) Breast mass, excision Bronchoscopy Bronchoscopy (with operative procedure) Cervical node biopsy Colostomy, revision Cyst, excision Epigastric herniorrhaphy Esophagoscopy Esophagoscopy (with operative procedure) Fistulectomy Foreign body removal, without x -ray Foreign body removal, with x -ray Frenulectomy, tongue Gynecomastia, excision Hemangioma, removal Hermorrhoidectomy Hydrocelectomy Inguinal herniorrhaphy (infant unilateral or bilateral) (adult unilateral or bilateral) Lipoma, excision Lysis of adhesions (abdominal) Mass excision Orchidectomy Rectal biopsy Rectal dilation Rectal polypectomy Sigmoidoscopy Sigmoidoscopy (with operative procedure) Skin graft -23- Skin lesion, excision Stitch granuloma, removal Suture removal, superficial Suture removal, deep Torticollis, repair Umbilical herniorrhaphy with bilateral Inguinal Herniorrhaphy Umbilical sinus, excision Varicose vein ligation with or without stripping Vermilionectomy (upper and lower lip) Vermilionectomy (both lips) Wedge resection lip Lacerations, repair of Pilonidal cyst, excision Orchiopexy Thyroglossal duct cyst, excision Eye Canthus excision Cataract Chalazion, removal of Conjunctiva, repair of Cryocoagulation Cyst excision Ectropion and Entropion, repair Enucleation Eye exam Lacrimal duct probing Photocoagulation Pterygium, removal of Dermoid cyst of eyebrow, excision Eye muscle operation - recession or resection (unilateral) recession or resection (bilateral) Reconstruction of lacrimal duct Wedge resection - eyelid (Effective July 1, 1989) Section 5 - Dental Coverage. For the period January 1, 1991, through December 31, 1993, the City will pay the entire monthly premium for the employee and dependents for a "step insurance plan" generally consisting of coverage for (a) one hundred percent (100 %) Usual and Customary Rate (UCR) for standard exams; (b) eighty percent (80 %) UCR for treatment; (c) fifty percent (50%) UCR for bridgework and dentures; and (d) fifty percent (50 %) UCR up to a One Thousand Dollar ($1,000.00) lifetime maximum per person for orthodontic treatment. No deductible would be required. Section 6 - Vision Coverage. For the period January 1, 1991, through December 31, 1993, the City shall pay the total monthly premium to provide a -24- major medical vision care program for employees and their eligible depen- dents in accordance with the following schedule: (1) Eye Examination - 100% up to $45.00 once in any calendar year. (2) Spectacle Lenses 80% UCR Single Vision Lenses 80 %UCR Bifocal Lenses 80 %UCR Trifocal Lenses 80 %UCR Lenticular Lenses 80 %UCR (3) Frames - one pair each 24 calendar months at 100% to S60.00 (4) Contact Lenses - when medically necessary following surgery 80 %UCR (5) Cosmetic contacts paid up to regular frame and lense amount once each 24 months. Section 7 - Retiree Coverage. Effective January 1, 1985, the medical program shall be changed to provide retirees and dependents of retirees the right to remain in the group plan until they reach age 65 or, in the case of spouses of deceased retirees, until the spouse remarries. Retirees and unremarried spouses of deceased retirees shall pay the premium (including dependents if enrolled) which shall be the same as the normal group rate assessed for cov- erage of active City employees and dependents covered by this agreement. Section 8 - Long Term Disability Coverage. Effective January 1, 1985, the City will pay fifty percent (50 %) of the premium, to a maximum of eight dollars ($8.00) per month per employee, for long term disability insurance for LEOFF II officers. Said plan shall require a ninety (90) day waiting period and pro- vide sixty percent (60 %) of salary to age 65. In the event of premium rate increases, the City and Association will work jointly to obtain comparable services through an alternate insurance at the same or lower cost with a ninety (90) day waiting period and which provides sixty percent (60 %) of salary to age 65. ARTICLE 21 LIABILITY AND PHYSICAL DAMAGE INSURANCE Section 1 - Liability Insurance. The City shall provide liability insurance, including false arrest insurance, for Association members covered by this Agreement while in the performance of their duties, with a minimum limit of Three Hundred Thousand Dollars ($300,000.00) per occurrence; provided, -25- however, nothing in this section shall prohibit the City from self - insuring that liability or false arrest insurance. Section 2 - Physical Damage Insurance. The City shall provide full physical damage insurance on police vehicles, which insurance shall include police officers as insureds, or the City shall, in the alternative, become self- insured for such physical damage insurance. In either case the City waives any claim it may have against any police officer for physical damage to City property, but the City retains its right to discipline any employee for just cause. ARTICLE 22 - DIFFERENTIAL PAY Section 1 - Emergency Response Team. Beginning in calendar year 1984, the sum of Three Thousand Dollars ($3,000.00) shall be allocated from the Police Department budget to provide for training and equipping the Emergency Response Team. This shall be in lieu of the differential previously paid to individual officers assigned to this special duty. Section 2 - Field Training Officers. Officers assigned to orient and train newly hired uniformed officers, and actually engaged in same, shall receive a pay- ment of Seventy -Five Dollars ($75.00) per month over and above their nor- mal rate of pay. Officers assigned such duty for periods of less than two (2) weeks during the pay period shall not be eligible for such differential. The City retains the exclusive right to select said Field Training Officers and • determine the duration of assignment. Section 3 - Education and Incentive. Effective January 1, 1982, Police Officers and Sergeants shall be eligible to receive an additional payment of Seventy - Five Cents (75¢) per month per quarter hour of college or university credit earned while an employee of the Yakima Police Department. A grade of "B" or better would be required in each course for which payment is made. ARTICLE 23 - SICK LEAVE Section 1 - Accrual. LEOFF II employees shall accrue eight (8) hours of sick leave for each full calendar month of service with the City. Unused sick leave may be accumulated for an unlimited period; provided, however, that LEOFF II employees shall be permitted to accumulate up to a maximum of 1,040 hours of sick leave. Effective July 1, 1987, the sick leave accrual shall be increased by two (2) hours per month to a new accrual rate of ten (10) hours per month. The additional two (2) hours of sick leave will not immediately accrue to the employee's leave account. Rather, the two (2) hours shall be placed in a "pool ". Such -26- accruals to the "pool" shall continue until the month during which a total of 960 hours accrual to the "pool" is attained at which time all accruals to the "pool" shall cease and the additional two (2) hours shall accrue to the em- ployee's individual sick leave account. Section 2 - Sick Leave Pool. As indicated in Section 1, beginning July 1, 1987, a sick leave pool shall be formed to supplement approved sick leave for LEOFF II employees. The pool shall have no additional contributions made by the City and the allocation of hours from the pool shall be at the discretion of the Association. The Association may elect to require repayment from recipients of leave loaned from the pool in order to maintain the pool. Section 3 - Permissible Use of Sick Leave. An employee eligible for sick leave with pay shall be granted such leave for the following reasons: (1) Personal illness or physical incapacity resulting from causes be- yond employee's control; (2) Quarantine of employee due to exposure to a contagious disease; • (3) On- the -job injuries; any employee receiving sick leave with pay, who is eligible for time -loss payments under the workman's compensation law shall, for the duration of such payment, re- ceive only that portion of the employee's regular salary which, together with said payments, will equal the employee's regular salary. In order not to work an undue hardship on employee caused by the time lag involved in time -loss payments, the employee shall be paid full salary and on receipt of time -loss payments shall endorse such payments to the City. Said employee shall be charged with sick leave only for that portion of the employee's regular salary for which the City is not reimbursed by the workman's compensation endorsed to the City; (4) The death of a member of the immediate family of an employee or employee's spouse; for purposes of subparagraph, "immediate family" means any husband, wife, parent, grandparent, child, grandchild, brother, or sister. No leave of absence in excess of three (3) days for a family death shall be taken by an employee unless additional leave is recommended by the employee's • department head and approved by the appointing authority; (5) Serious injury or illness to members of employee's immediate family living with and dependent upon the employee, constituting an emergency or crisis; any sick leave granted for - 27 - this purpose must be recommended by the department head and approved by the appointing authority; (6) Illness and disability caused or contributed to by pregnancy, mis- carriage, abortion or childbirth. (7) Sick leave shall not be allowed for any period of time that the employee is gainfully employed by another employer. (8) An employee will be entitled to use the employee's accrued sick leave to care for a child of the employee under the age of eigh- teen with a health condition that requires treatment or supervi- sion. Section 4 - Requirements for All Paid Sick Leave. (1) Employees must report to the representative designated by the department head the reason for the absence as far in advance of the starting of their scheduled work days as possible, but in no event shall this report be made later than the first day of absence. (2) Employees must keep their department head informed of their condition if absence is of more than three (3) working days in duration. (3) For each absence an employee must submit upon the approved form an explanation of the reason for such absence. A statement by the attending physician may be required if an absence by ill- ness or injury extends beyond three (3) working days, or for each absence, if requested by the department head. (4) Employees must permit home visits or medical examinations at the expense and convenience of the City. Section 5 - Enforcement of Sick Leave Provisions. (1) Any failure to comply with the provisions of Section 4 shall be grounds for denial of sick leave with pay for the period of absence. (2) Misrepresentation of any material facts in connection with paid sick leave by any employee shall constitute grounds for suspen- sion or discharge. (3) It shall be the responsibility of the department head or desig- nated representative to: -28- (a) Review all applications for sick leave and approve those which are bona fide and comply with the provisions of this section and forward same to the Personnel Division. The Personnel Officer shall not certify the payment of sick leave until the approved applications have been received, except that employees still absent at the end of a pay period may be certified for payment of sick leave by the Personnel Officer upon recommendation of the depart- . ment head as indicated by his signing the time sheet and subject to the receipt of an approved application for sick leave pay immediately upon the employee's return to work; (b) Investigate any suspected abuse of sick leave; (c) Withhold approval of sick leave pay in the event of unauthorized use; (d) Initiate disciplinary action if, as a result of investigation, it is determined that an employee has been guilty of willful misrepresentation in a request for sick leave pay. Section 6 - Sick Leave Exchange. Eligible employees may exchange accrued sick leave for pay or for additional leave time as appropriate, in accordance with the options provided the employee, subject to the following provisions: (1) No exchange of accrued sick leave for additional leave days or for cash will be granted for those employees with ninety (90) days or less of accrued sick leave except: (a) Upon retirement or death the employee's accrued sick leave up to ninety (90) days or less will be exchanged for pay at the rate of fifty percent (50 %) of the employee's cur- rent base pay. (b) Upon termination under honorable conditions, as distinct from retirement or death, the employee's accrued sick leave up to ninety (90) days or less will be exchanged for pay at the rate of twenty -five percent (25 %) of the employee's current base pay. Honorable termination includes layoff for budget reasons, as well as resignation with proper notice. (c) Effective July 1, 1987, payments authorized herein shall be the lesser of the amounts allowed in 1(a) or 1(b), or the -29- percentage ratio of the employee's accrual versus 720 hours, applied to $12,500 but in no case shall such pay- ment exceed $12,500. EXAMPLE: An employee has 500 hours of sick leave ac- crued at retirement and was earning $15.00 per hour. Under 1(b), the employee could receive 50% of the value of the 500 sick leave hours or $3,750 ($15.00 X 500 X .5). The percentage of 500 hours versus 720 hours is 69.44 %, $8,680 is 69.44% of $12,500. The pay off would be the lesser of the two amounts, $3,750. (2) Exchange of accrued sick leave for additional leave days or for cash will be granted to employees who have accrued ninety -one (91) or more days subject to the following provisions: (a) Upon retirement or death, the employee's accrued sick leave up through a maximum of ninety (90) days will be exchanged for pay at the rate of one hundred percent (100 %) of the employee's current base pay. (b) Upon termination under honorable conditions, as distinct from death or retirement, the employee's accrued sick leave up to a maximum of ninety (90) days will be exchanged for pay at the rate of fifty percent (50 %) of the employee's current base pay. (c) The maximum amount allowable for payout is $12,500. (d) Employees who have accrued more than ninety (90) days of sick leave may exchange such sick leave for bonus (additional) leave days at the rate of three (3) days of sick leave for each additional leave day, not to exceed a total of three (3) added leave days annually. Employees may receive compensation in lieu of taking leave days, utilization of which would be subject to the scheduling and approval by the department head. (3) Sick Leave Exchange Procedure. Eligible employees may exchange accrued sick leave as provided above at the option of the employee, subject to the following conditions and provisions: (a) A request for such an exchange shall be made to the Director of Finance and Budget via the Department -30- Timekeeper. All requests shall be in writing and shall be signed by the employee making the request. (b) Requests will be accepted only during the first five (5) working days of each month with exchanged leave to be available within fifteen (15) calendar days of the date the request is received by the office of the Director of Finance and Budget. Exceptions to the above will be made for termination, layoff or disability retirement. (c) No request will be granted for less than eight (8) hours' pay or eight (8) hours additional leave. (d) No exchange will be granted to an employee who has been terminated for cause, as defined by civil service. (e) In the event of layoff, exchange requests are the responsi- bility of the employee. ARTICLE 24 - TRANSPORTATION Section 1 - Mileage Reimbursement. The City shall pay each officer for his use, at the request of the City, of his personal auto. The mileage reimbursement rate will be tied to the mileage rate permissible under IRS regulations. Section 2 - Reserved Parking. Effective January 1, 1981, ten (10) parking spaces shall be reserved in a proximate City employee lot for afternoon shift patrol officers. Use of said spaces shall be controlled and require the display of a special permit issued to relevant personnel by the Chief of Police or his de- signee. ARTICLE 25 - RADIO OPERATORS To enhance the safety and efficiency of police officers, the City shall strive to select, train, and maintain a staff of competent radio operators. A formal training program shall be administered within the Police Department to any personnel regularly assigned to communications /radio duty. Emergency relief may be exception to this Article. The general policy of the Police Department shall be to staff the radio /communications function with non - commissioned personnel. - 31 - ARTICLE 26 - SPECIAL ASSIGNMENT IN HIGHER CLASSIFICATIONS During routine operations when an officer is assigned to fulfill the duties and • responsibilities of a classification higher than his own for a period of eight (8) hours or more he shall be paid the lowest rate of the higher classification which provides any salary increase for the officer. ARTICLE 27 - TRAVEL AND TRAINING TIME Time spent by an employee, beyond the normal working day, for out -of- Yakima -area training classes or travel shall not be considered as overtime work. Time spent by an employee in assigned local training classes, beyond the normal working hours but during the shift day, shall be compensated on a straight time basis. Time spent in local training classes during an officer's day off shall be compensated on a time and one -half (1.5) basis. ARTICLE 28 - GENERAL, SPECIAL AND PERSONNEL ORDERS The City will furnish the Association with copies of all written general rules and special orders from within the Police Department pertaining to wages, hours, conditions of employment and assignments of members. ARTICLE 29 - ADVANCE NOTICE OF SHIFT CHANGE An officer will normally be given adequate advance notice of any change in his regular hours of work, except where an emergency exists [an emergency is defined as an event unforeseen by the Department, affecting the Department's ability to perform its mission]. Posting shall constitute ade- quate notice. Notice given less the forty -eight (48) hours (or seventy -two (72) hours under a Four -Ten Plan) before he is to begin work under the changed schedule entitles the officer to compensation at the overtime rate for those hours not exceeding eight (8) hours that are earlier, later or different from the hours he last worked in a work day. An officer is not entitled to compensa- tion at the overtime rate if he is otherwise entitled to compensation under the same hours of work. -32- ARTICLE 30 - IMPROVED PERFORMANCE AND EFFICIENCY The parties recognize the desirability of improving performance and increas- ing efficiency of the Yakima Police Department in order to provide maximum services at reduced costs. It is therefore agreed that the Association will actively cooperate and participate in studies and efforts to discover and employ new methods and practices which result in improved performance and increased efficiency in the Yakima Police Department. Effective January 1, 1981, there shall be created a joint City /Association com- mittee to discuss and review problems related to work areas, space allocation and equipment specifications. Of particular concern will be the Police Radio Room, Report Writing Area and patrol vehicles. Recommended solutions will be forwarded to the City Manager via the Chief of Police. ARTICLE 31 SAVINGS CLAUSE • It is understood and agreed that all provisions of this Agreement are subject to applicable laws, and if any provision of any Article of this Agreement is held or found to be in conflict therewith, said Article shall be void and shall not bind either of the parties hereto. However, such invalidity shall not affect the remaining Articles of this Agreement. In the event that any provision shall be held unlawful and unenforceable by any court of competent jurisdic- tion, the parties agree to meet forthwith for the purpose of renegotiating such provision in an attempt to reach a valid agreement. ARTICLE 32 - WITNESS -CIVIL SERVICE BOARD An officer shall be compensated for all off -duty time that he spends as a wit- ness before the Civil Service Board at the same rate and in the same manner as he is compensated for Court Time. ARTICLE 33 - DEFENSE AGAINST CRIMINAL CHARGES The City shall, at the City's expense, defend any officer against any criminal charges brought against such officer for action occurring while acting in the official capacity as a Police Officer. The City's obligation to provide for such defense and /or defense costs shall terminate upon a conviction of a criminal law violation in Court. It shall be the obligation of the officer to pay for attor- ney's fees and costs associated with an appeal unless the appeal reverses a conviction in which case the City will reimburse the officer for attorney's fees and costs associated with the appeal. If such officer is found guilty and there -33- is an entry of final, non- appealable judgment of conviction, it shall then be the responsibility of such officer to reimburse the City for all fees, expenses and costs related to the defense. If the officer is retried, the provisions of this article shall apply anew. If an outside attorney is hired to provide such defense, the City shall be notified of the identity of such attorney and an agreement with the City shall be reached concerning the fees to be charged by such outside attorney prior to the time that attorney is retained. ARTICLE 34 - PHYSICAL FITNESS The City requires that members of the Police Department by physically fit for the optimum performance of their duties and the Association agrees to coop- erate with the City in developing appropriate standards and testing of fitness. ARTICLE 35 - DURATION This agreement shall be effective on the 1st day of January, 1991, and shall terminate on December 31, 1993. ARTICLE 36 - CODE PROVISIONS The following provisions of the Yakima Municipal Code are hereby incorpo- rated by reference and made a part of this agreement: (1) 2.20.040 Policy for Pay Steps (2) 2.20.060 Transfer, Promotion, Reclassification, Demotion, or Reinstatement of Employees (3) 2.20.085 Reimbursement for expenditures (4) 2.20.086 Reimbursed expenditures (5) 2.20.088 (d) Uniform Allowance - Special Assignment Pay (6) 2.40.010 Employees Eligible for Leave (7) 2.40.020 D Terminal Leave (8) 2.40.080 Holidays with Pay (a) Members of the bargaining unit whose scheduled work day is longer than eight (8) -34- hours shall receive compensatory time off in lieu of holidays equal to the number of hours in their normal work day. (9) 2.40.100 Overtime Pay (Subsection 1 amended to allow the accumulation of up to 40 hours compensatory court time. In addition, Subsection 1 shall be amended to provide that all call backs shall be paid at time and one -half base pay with a minimum of two (2) hours. Said compensation may be in pay or time off in conformance with Subsection 4.) (Subsection 4C to be amended: "Fractions of an hour served in overtime duty shall be rounded to the next quarter hour for the purpose of computing the amount of overtime. ") Recommended By: Recommended By: Will Aitchison Antheny F. enke Chief Negotiator Chief Nego ' ; tor Yakima Police Patrolmans City of Yakima Association Executed by the parties hereto this 3o It day of ,t ' 't ,199th. oty Yakima Police Patrolmans Association City of Yakima By: By: City Manger By: /-t • - ST: — Secretary City Clerk - 35 - OTT CONTRACT NM / 1991 SALARY SCHEDULE YAKIMA POLICE PATROLMANS ASSOCIATION Pay Class Pay Range Steps Range Code Class Title A B C D E 450 6124 Police Sergeant 1/1/91 Mo 3395.53 3563.66 1/1/91 Hr 19.59 20.56 400 6121 Police Officer 1/1/91 Mo 2379.82 2567.02 2717.81 2832.21 3227.40 1/1/91 Hr 13.73 14.81 15.68 16.34 18.62 1992 SALARY SCHEDULE Effective January 1, 1992, employes will receive an increase based on the following formula: Percentage increase to be based on ninety (90 %) percent of an averaging of the U.S. Cities Consumer Price Index (CPI -W) and Seattle Consumer Price Index for Wage Earners, both for the period July, 1990 to July, 1991 subject to a three and one -half (3.5 %) percent minimum and a seven and one -half (7.5 %) percent maximum. 1993 SALARY SCHEDULE Effective January 1, 1993, employes' will receive an increase based on the following formula: Percentage increase to be based on ninety (90%) percent of an averaging of the U.S. Cities Consumer Price Index (CPI -W) and Seattle Consumer Price Index for Wage Earners, both for the period July, 1991 to July, 1992 subject to a three and one -half (3.5 %) percent minimum and a seven and one -half (7.5 %) percent maximum, except that one -half of one percent (0.5 %) of the increase shall be contributed by employees toward dependent medical insurance premiums. E.g. if formula generates seven and one -half (7.5 %) then seven (7.0 %) percent goes to wages and and one -half of one percent (0.5 %) goes towards dependent medical insurance premiums. If the averaging of the U.S. Cities Consumer Price Index (CPI -W) and Seattle Consumer Price Index for Wage Earners, both for the period July, 1991 to July, 1992 exceeds ten (10.0 %) percent, then the YPPA, if they want, will be allowed to reopen on wages only with one -half of one percent (0.5 %) of the reopener wage increase being allocated to dependent medical insurance premiums. If YPPA elects to reopen, then the City will have the right to open on one topic as well. - 36 -