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Home My WebLink AboutFinal Agenda Packet-� CITY OF enton 0 AGENDA City Council Regular Meeting 7:00 PM - Monday, January 14, 2019 Council Chambers, 7th Floor, City Hall — 1055 S. Grady Way 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PROCLAMATION a) National Mentoring Month -January 2019 4. SPECIAL PRESENTATIONS a) Police: Camera Registration Program b) Police: Take Me Home Program S. PUBLIC MEETING a) Bill Annexation (A-18-002) - 10% Annexation Proceedings 6. ADMINISTRATIVE REPORT 7. AUDIENCE COMMENTS • Speakers must sign-up prior to the Council meeting. • Each speaker is allowed five minutes. • When recognized, please state your name & city of residence for the record. NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any ballot measure or candidate in City Hall and/or during any portion of the council meeting, including the audience comment portion of the meeting, is PROHIBITED. 8. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a) Approval of Council Meeting minutes of January 7, 2019. Council Concur b) AB - 2298 City Clerk submits King County Boundary Review Board Closing Letter regarding the proposed Wolf Woods Annexation, and recommends a public hearing be set on January 28, 2019 to consider finalizing the annexation and zoning for the proposed annexation. Council Concur; Set Public Hearing on 01/28/2019 c) AB - 2302 Community & Economic Development Department recommends approval of an interlocal agreement between the cities of Bellevue, Issaquah, Kirkland, Redmond, and Renton that formalizes the cooperative effort to support a robust entrepreneur and small business ecosystem on the Eastside, known as Startup 425, in the amount of $15,000 annually for 2019 and 2020. Refer to Planning & Development Committee d) AB - 2294 Community & Economic Development Department requests setting a public hearing on February 4, 2019 to consider 1) authorizing the execution of Washington State Department of Transportation (WSDOT) documents for a Temporary Easement and Warranty Deed required as part of WSDOT's 1-405 & NE 44th St Interchange (Exit 7) project with compensation set at $20,000; and 2) authorize the disbursement of funds in the amount of $10,000 to King County as required repayment of grant funds for the King County Conservation Futures Levy. Refer to Transportation (Aviation) Committee; Set Public Hearing on 2/4/2019 e) AB - 2304 Community & Economic Development Department recommends establishing a work program to consider allowing outdoor recreation as part of mixed use projects in the Urban Center (UC) zone. Refer to Planning Commission and Planning & Development Committee f) AB - 2288 Human Resources / Risk Management Department recommends approval of the 2019-2020 Renton Police Guild Commissioned Employees' contract, pending guild ratification of the contract. Council Concur g) AB - 2303 Utility Systems Division submits the Kennydale Lakeline Sewer Improvement Phase II project, CAG-18-110, with Ballard Marine Construction, LLC, and recommends acceptance of the project, and requests authorization to release the retainage bond after 60 days, once all required releases have been obtained. Council Concur 9. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a) Committee of the Whole: Family First Community Center Architectural Contract; Allocation of Lodging Tax Funding b) Finance Committee: Parks, Recreation and Natural Areas Plan; Certified Arborist Inspector Services Contract; Request to Increase Recreation Specialist to .75 FTE; Family First Community Center Grant, KC Youth Sports; Duvall Av Roadway TIB Grant 10. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 11. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA (Preceding Council Meeting) 5:00 p.m. - 7th Floor - Conferencing Center Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 To view Council Meetings online, please visit rentonwa.gov/counciImeetings AGENDA ITEM #3. a) V Denis Law Mayor Proclamation Whereas, our success as a community depends on helping every child succeed in school and reach their full potential in life, and we realize that young people need a solid foundation of support to help them become well-educated, confident, and productive citizens; and Whereas, Communities In Schools is the only dropout -prevention program in the nation proven to increase graduation rates, and this research shows that mentoring has beneficial and long-term effects on youth by increasing their chances of high school graduation and college attendance, and decreasing the likelihood of substance abuse and other risky behaviors; and Whereas, thousands of Renton's children are in need of a caring adult mentor in their lives, and closing this mentoring gap will require more investment, partnerships, and volunteers ready to make a difference in a child's life; and Whereas, National Mentoring Month is an opportunity to raise public awareness of the importance of mentoring, recognize the dedicated individuals who serve as mentors, and encourage more citizens to help build a brighter future for Renton's youth through mentoring; and Whereas, the core values of Communities In Schools of Renton are equity, opportunity, and collaboration, and they are in schools to remove barriers, create opportunities, and help kids stay in school; Now, therefore, I, Denis Law, Mayor of the City of Renton, do hereby proclaim January 2019 to be NationaC�Vtentoring Month in the City of Renton in tribute to the many dedicated individuals who volunteer their time, compassion, and talents to mentor young people, and I encourage all citizens to join me in this special observance and to consider giving back to our community as mentors. In witness whereof, I have hereunto set my hand and caused the seal of the City of Renton to be affixed this 14th day of January, 2019. LAJS sk2�� Denis Low, Mayor City of Renton, Washington Renton City Hall, 7th Floor 1055 South Grady Way, Renton, WA 98057 • rentonwa.gov CAMERA REGISTRATION PROGRAM The Renton Police Department is looking to collaborate with local businesses and homeowners to implement a new crime prevention program that will allow residents and business owners to help solve crime and assist in lowering incidents of criminal activity. By registering your external business or personal camera locations, you can help the police department protect our community in its crime prevention efforts. The registration process is fast and simple! HOW TO REGISTER Visit the City of Renton's website at rentonwa.gov/crp. Fill out the required fields on the registration form and hit "send." Your information will automatically populate the location of your cameras onto a city map that only Renton Police can view. Please Note: Registering your information does not provide the Renton Police with direct access to your camera system. This information may be utilized by law enforcement personnel who are investigating a crime in the vicinity of where your camera is located. For more information, contact Community Programs 425-430-7521 Renton Police Department 1055 South Grady Way Renton, WA 98057 rentonwa.gov/crp �f*0A City of Renton POLICE DEPARTMENT k 11/2018 L r: t HOW IT WORKS Many business owners and residents currently operate cameras at their businesses or homes. However, as crimes occur nearby, they are not always aware that their system may have captured information that could help solve a crime. Without direct contact in the area, police officers are generally not always aware who may have this potentially vital information which can help keep our community safer. The Renton Police Department is asking residents and businesses to register their external privately - owned camera systems. As the Renton Police responds to criminal incidents in the city, they may be able to use information or footage gathered from the cameras to assist in the apprehension and prosecution of the criminals involved. BENEFITS OF REGISTERING YOUR CAMERA The Camera Registration Program could help assist the police department to quickly identify nearby cameras that may have captured criminal activity. After registering your camera, you would only be contacted by the Renton Police if there was a criminal incident that occured in proximity to your camera's field of vision. If necessary, Renton Police may request to view your camera footage in order to assist in the investigation. TERMS OF USE The goal of the program is to deter crime and promote public safety through collaboration between the Renton Police and the community we serve. Accordingly, all registrants agree to the following terms and conditions: The City of Renton is required to comply with the Public Records Act RCW 42.56. Therefore, any and all information submitted or provided to the city, including personal information, may be subject to public disclosure as a public record. If necessary, police personnel may request a copy of video captured by your camera, which could assist in the investigation of a crime. Any footage containing or related to criminal activity may be collected by the Renton Police Department for use as evidence during any stage of a criminal proceeding. Under no circumstances shall registrants interpret that they are acting as an agent and/or employee of the City of Renton and/or the Renton Police Department. If necessary, the Renton Police Department will contact you directly, using the information provided on your camera registration form, to request the appropriate video. You may withdraw from the program at any time by notifying the Community Programs Unit at 425-430-7521 or cparks@rentonwa.gov. The Renton Police Department will remcbe you from the program within five businEQ days. However, previously submitted Z information, mapping and videos will O remain part of the record and subject n to the Public Records Act and criminal proceedings. m By submitting this information, the cam registrant understands and agrees to th It above policy and terms of use. �. The Take Me Home Program was developed by the Pensacola (Florida) Police Department and is a free service designed for individuals with autism, Down syndrome, developmental or cognitive disabilities. It is also intended to assist senior citizens who suffer from dementia or Alzheimer's. A lost child or adult with a cognitive disability may become disoriented or act in a manner that could be misinterpreted by first responders. Registration in Take Me Home will help police and fire crews calm these situations. If your loved one has gone missing and you are registered, the Take Me Home database immediately provides a photo and description to police so they can search more effectively. Take Me Home is voluntary for citizens who participate, and all information is kept confidential. i� _j For more information, contact the Community Program Coordinator 425-430-7521 cparks@rentonwa.gov Renton Police Department 1055 South Grady Way Renton, WA 98057 rentonwa.gov/tmh © 1113 Tube 10/2018 TAKE ME HOME Allows for the safe return of individuals who may not be able to communicate vital information to first responders City of Renton POLICE DEPARTMENT ,•�,,-�� .r r r 1W About The Take Me Home Program is a database developed by the Pensacola Police Department for people who may need special assistance if they are alone or in times of emergency. This kind of assistance may be required if the person is unable to speak or properly identify themselves or if they become disoriented or act in a manner that could be misinterpreted by first responders. The system includes a current digital picture, demographic information and caregiver contacts. If a person registered in the system is encountered by a police officer, the officer can query the database, searching by name, physical description or unique characteristics. Once their record has been located, the officer has the information at -hand to appropriately assist the person. Take Me Home is voluntary TAKE ME for citizens who participate and all information is kept confidential How does it work? The information from the registration form is placed in a database that can be accessed anytime by officers in the Renton Police Department. If officers locate someone who cannot communicate where he or she lives, they can search the database by description and return the person to their loved ones. The system also works in reverse: if a loved one goes missing, their picture and description is immediately available. The Renton Police Department commits to gathering and maintaining individual enrollment records for this program. Families or individuals can contact the Community Programs Unit for a registration form to get the process started for their loved one. Information gathered includes: Recent photo Height and weight Characteristics Locations frequented Emergency contact information Testimonial Devyn is known as a "runner" and despite his parents' best efforts, he sometimes escapes from home. Devyn was playing in the fenced -in yard; in seconds he climbed the fence and took off. When his father, John, realized he was missing, he called 9-1-1. When he gave Devyn's name to the operator, she reported that the police had already picked Devyn up and he was on his way back home. Even though Devyn is non-verbal, with the Take Me Home Program, the first responders knew exactly who he was and where he lived. Because Devyn's parents enrolled him in the program, if he goes missing, his information a�g photograph are immediately available to poli(g, "I continue to keep a close watch on him, but Z feel comfortable in the fact that if he does 0 manage to escape, police in our city will kno> who he is along with a description of where h" lives. This is a program that all families of spec needs loved ones should take advantage of." it —Devyn's dad, John :p a- Proposed Annexation: Bill Annexation 10% Notice of Intent Public Meeting January 14, 2019 L�Z y O- ors �FNT�I Petitioner Submits 10% Petition Council Meets with Petitioner Council Authorizes 60% Petition Circulation Petitioner Submits 60% Petition Petition Certified by King County Council Holds Public Hearing �A001, Annexation Process Notice of Intent to Boundary Review Board Boundary Review Board 45 Day Review Boundary Review Board Approval City Council Adopts Ordinance Annexation Effective 30 Days After Publication of 2nd Reading Purpose • State law requires a public meeting with proponents to accept, reject, or geographically modify the proposed annexation • If Council accepts proposed annexation, Council also authorizes circulation a 60% Direct Petition to Annex Location F�C, \I Y o • Background • Location: At the eastern portion of City limits; in the East Plateau Community Planning Area • Size: 7.5 acres • Uses: Single-family and vacant • Boundaries: • North —Parcel line, near SE 3rd Place • East — 154t" Ave SE • South —Parcel line at SE 139t" Place (if extended) • West —152nd Ave SE J r- - f ... r5108". +120 - 603- 2 4 It AV, - Sri .. y #rr�� ? 123 {i 1'f' IKI!l •* ry iM �y, a.. TTTIII 777 y {��'* ,1 ' it 71 y T �. WWI VI a f P Y r � F—tk i2t- ki =alm'3w.. 1 V ,R•Absommaw -ANN" J J+ im -VFW —0 - ..:. 14104 15'!!G t41 1W • 1+t tF, OR— s 1 51h m O m Existing Conditions A =•I9Ir:IK:4• _ itPat CRO _ 1 a -11 4 Slope City of Benton E,1 � >15 <= 5° 1IF" 1 -15 4.1�1 Jr _ Rlb VL - k. -- ,. _* R L �.�s is — - - r' y f 4 pY ul�i tl I n "fr do, rn+ 0 �{ f AliNMI VE. jn#; 1_ • >25% & <=40° (Sensitive) >40% & <=90° (Protected) >90 (Protected) I Public Services • Fire • Renton Fire Authority • (No change) • Utilities • Water District #90 • (No change) • Renton Sewer Utility • (No change) • Schools • Renton School District E nC FNTO�J County Land Use Designation & Zoning • Urban Residential Medium • 4 — 12 Dwelling Units per Acre o R-4 zone Kenton Cana Designation & Zc 0 le e Ah City Annexation Policies Comprehensive '*Ian • Goal L-E: Promote annexation where and when it is in Renton's best interest • Policy L-8: Support annexation where infrastructure and services allow for urban densities and it would consolidate service providers and/or facilitate the efficient delivery of services • Policy L-9: Consider fiscal impacts for each proposed annexation , - �NTO Boundary Review Board Objectives Relevant P� ,hiectives • Uses physical boundaries, including but not limited to bodies of water, highways, and land contours • Boundary uses parcel lines and roads • Prevent abnormally irregular boundaries • The boundary is regular • Create and/or preserve logical service areas • Service areas agreed to previously, are unchanged *Annexation is of an unincorporated area to a cit that is urban in character � s MMj • Renton is urban FAtTa� Fiscal Analysis liphsumptions • Current Conditions: • 3 dwellings • Estimated 8 residents • Future Conditions: • Estimated 20 additional dwellings • Estimated additional 56 residents • Costs increase 3.5% annually • Revenue increase 2.5% annually • Limited to sales tax, utility tax, and franchise Fiscal Analysis Operating Fund Existing Revenues l $6,p835 Year 10 $58,9091 Costs $4,613 $39,252 Capital and Enterprise Funds Revenues M $1,274 $7,?453 Costs I MID645 1 $6,1052 Comment City staff representing City functions reviewed the proposed annexation All departments indicated that the proposed annexation represents a logical extension of their services :onclusion •The best interests and general welfare of the City are served by this annexation • Represents a logical extension of City services • Consistent with City annexation policies • Consistent with Boundary Review Board criteria Recommendation • The Administration recommends: • Authorize circulation of a 60% Direct Petition to Annex specifying that property owners: • Accept the City's zoning • Assume their proportional share of the City's bonded indebtedness L�Z y s �FNTc3I AGENDA ITEM #8. a) enton O MINUTES City Council Regular Meeting 7:00 PM - Monday, January 7, 2019 Council Chambers, 7th Floor, City Hall — 1055 S. Grady Way CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Law called the meeting of the Renton City Council to order at 7:00 PM and led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Councilmembers Absent: Don Persson, Council President Ruth Perez Carol Ann Witschi Randy Corman Ryan Mclrvin Armondo Pavone Ed Prince MOVED BY PERSSON, SECONDED BY WITSCHI, COUNCIL EXCUSE ABSENT COUNCILMEMBER RUTH PEREZ. CARRIED. ADMINISTRATIVE STAFF PRESENT Denis Law, Mayor Robert Harrison, Chief Administrative Officer Shane Moloney, City Attorney Jason Seth, City Clerk Chip Vincent, Community & Economic Development Administrator Gregg Zimmerman, Public Works Administrator Tina Harris, Domestic Violence Victim Advocate Commander Chad Karlewicz, Police Department PROCLAMATION a) Human Trafficking Awareness Month: A proclamation by Mayor Law was read declaring January 2019 to be Human Trafficking Awareness Month in the City of Renton, encouraging all citizens to raise awareness about human trafficking and work collaboratively with law enforcement agencies and community organizations to combat this terrible crime. January 7, 2019 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #8. a) Tina Harris, City of Renton's Domestic Violence Victim Advocate, and Chad Aldridge, Policy and Outreach Manager for Port of Seattle, accepted the proclamation with appreciation. MOVED BY PERSSON, SECONDED BY WITSCHI, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. ADMINISTRATIVE REPORT Chief Administrative Officer Robert Harrison reviewed a written administrative report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2019 and beyond. Items noted were: • The Mayor's annual State of the City address is January 30 at 8:00 a.m. at Renton Pavilion Event Center. Tickets are $25 each or $200 for a table of 8 and can be purchased by calling 425-430-6616. • Gene Coulon Memorial Beach Park is currently undergoing repairs that will close the south deck and day moorage until early spring. Ivar's restaurant will also close during this time for a remodel. Signage will be provided around the construction site regarding closure and redirection for pedestrian access. More information is available on the City website. • City of Renton Recreation and Neighborhood Division has a new, improved recreation registration tool, PerfectMind. PerfectMind is a fast, secure, and convenient way to register for classes, excursions, programs/activities, and facility rentals. Highlights include: • Register or reserve from any web device • Easier view of scheduled activities • New and improved calendar structure • Track multiple family member activities • Online, immediate account creation via email address • All receipts and confirmations are viewable and printable Create your account today at: https://cityofrenton.perfectmind.com. Registration for all winter and spring programs and classes started January 2. Register online or in person at any of our three community centers: Renton Community Center, Senior Activity Center, or Highlands Neighborhood Center. Program activity brochures can be found on the City website. • The Maintenance Services Division responded to several downed trees as a result of the recent windstorm. If you witness trees blocking city roadways, please call Maintenance customer service at 425-430-7400 Monday through Friday between 6:00 a.m. and 4:30 p.m. Outside of these hours, please contact the police non - emergency phone number at 425-430-7500 and select option 8. If the fallen trees or limbs involve downed power lines or other wires, please call 9-1-1. • The public is invited to review and comment on proposed updates to the Airport Master Plan, including the Airside Alternatives, during an open house scheduled for Tuesday, January 15 from 5:30 to 7:30 p.m. at the Renton Community Center, located at 1715 Maple Valley Hwy in Renton. The Airport Airside Alternatives may be viewed on the City website. Preventative street maintenance will continue to impact traffic and result in occasional street closures. January 7, 2019 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #8. a) AUDIENCE COMMENTS Jack Skeel, Seattle, representing Longacres Skate, LLC, noted that his organization successfully negotiated a lease with the Washington State Department of Transportation (WSDOT) for the continued use of a skate park built by local skateboard enthusiasts located under 1-405 in Renton. Mr. Skeel encouraged the City to partner with Longacres, LLC in order to save insurance and other costs while also providing local residents an additional park experience. CONSENT AGENDA Items listed on the Consent Agenda were adopted with one motion, following the listing. a) Approval of Council Meeting minutes of December 10, 2018. Council Concur. b) AB - 2300 Mayor Law reappointed the following individuals to the Renton Airport Advisory Committee: Donald Woo, move from Talbot Hill Neighborhood alternate position to Airport - At -Large alternate position for an unexpired term expiring on 5/7/2020; and Melody Kroeger, move from Renton Hill/Monterey Neighborhood alternate position to Renton Hill/Monterey Neighborhood primary position for an unexpired term expiring on 5/7/2021. Council Concur. c) AB - 2301 Mayor Law appointed the following individuals to the Renton Airport Advisory Committee: Sarah Saguil, Talbot Hill Neighborhood alternate position for an unexpired term expiring on 5/7/2020; James Young, Airport -At -Large alternate position for an unexpired term expiring on 5/7/2019; and Robert Spitzer, Aircraft Owners & Pilots Association primary position for an unexpired term expiring on 5/7/2021. Refer to Transportation (Aviation) Committee. d) AB - 2287 City Clerk submitted 10% Notice of Intention to Commence Annexation Proceedings petition for the proposed Bill Annexation and recommended a Public Meeting with the Initiator be set for January 14, 2019; 7.5 acres located at the eastern portion of City limits, bordered by parcel lines to the north, Toledo Ave SE to the east, a parcel line in proximity of SE 139th PI (if extended) to the south, and 152nd Ave SE to the west (Petitioner: P. Chambers, File No. A-18-002). Council Concur; Set Public Meeting on 1/14/2019. e) AB - 2295 Community & Economic Development Department requested approval of the 2019 Lodging Tax Fund allocations as recommended by the Lodging Tax Advisory Committee. Refer to Committee of the Whole. f) AB - 2286 Community Services Department recommended approval of the Agreement for Certified Arborist Inspector Services for 2019, with Davey Resource Group, Inc., in the amount of $139,360 for tree maintenance and related services. Refer to Finance Committee. g) AB - 2268 Community Services Department recommended approval of a Professional Services Agreement, with MIG, Inc., in an amount not to exceed $206,993, for services related to updating the City's Parks, Recreation, and Natural Areas Plan. Refer to Finance Committee. h) AB - 2282 Community Services Department submitted CAG-16-174, with Sunset Air, Inc., Senior Center DES/ESCO lighting and obsolete kitchen equipment replacement project; and recommended approval of the project and authorization to release retainage in the amount of $9,030.14 after all required releases are obtained. Council Concur. i) AB - 2284 Community Services Department recommended increasing a Recreation Specialist position from .50 FTE (Full -Time Equivalent) to .75 FTE which will allow the Recreation Division to serve more youth through the Athletics program. Refer to Finance Committee. January 7, 2019 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #8. a) j) AB - 2290 Community Services Department recommended approval of two Youth and Amateur Sports - Get Active/Stay Active grants, with King County, in order to accept $55,000 and another $20,000 in grant funds to support increased athletic opportunities through the construction of a multi -use recreation facility commonly referred to as the Family First Community Center. Refer to Finance Committee. k) AB - 2296 Transportation Systems Division recommended approval of Addendum 10-18 to LAG-001-87, with Boeing Employees Flying Association, to increase the amount of leased square footage by 24,067 square feet, resulting in an increase of revenue in the amount $18,531.59 per year. Refer to Transportation (Aviation) Committee. 1) AB - 2297 Transportation Systems Division recommended approval to execute a new 30-year lease (LAG-19-001) with Rainier Flight Service, Inc. for parcels 800 and 820 at the Renton Municipal Airport, and approval to terminate existing Rainier Flight Service, Inc. leases LAG- 14-005 and LAG-15-005 effective 5/31/2019. The new lease will generate up to $156,117.60 annually, which is an increase of $3,508.51 annually over the current leases. Refer to Transportation (Aviation) Committee. m) AB - 2289 Transportation Systems Division recommended approval of the State of Washington Transportation Improvement Board Fuel Tax Grant Agreement, accepting $500,000 in grant funds for the Duvall Ave NE Roadway Improvements Project (NE 9th St to NE 10th St). Refer to Finance Committee. n) AB - 2291 Utility Systems Division recommended approval of an agreement with KPG, Inc., in the amount of $424,451, for the design services and water improvements for the NE 16th St. - Jefferson Ave NE Stormwater Green Connections project. Refer to Utilities Committee. o) AB - 2292 Utility Systems Division recommended approval of the Water Quality Grant Agreement WQSWPC-2016-Renton-00058, with the Department of Ecology, to accept $250,000 in grant funds for the SE 172nd St and 125th Ave SE Green Stormwater Infrastructure Design project. Refer to Utilities Committee. p) AB - 2293 Utility Systems Division submitted CAG-17-108, with DPK, Inc., and recommended acceptance of the project and authorization to release the retainage bond after 60 days, once all required releases have been obtained. Council Concur. q) AB - 2285 Utility Systems Division recommended approval of an agreement with Louis Berger U.S., Inc., in the amount of $111,600 for engineering design services for the Heather Downs Detention Pond Water Quality Retrofit project. Refer to Utilities Committee. MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA, AS PRESENTED. CARRIED. UNFINISHED BUSINESS a) Community Services Committee Chair Witschi presented a report concurring in the staff recommendation to confirm Mayor Law's appointments of Ms. Kaie Wise and Ms. Brianna Burroughs to the Renton Municipal Arts Commision, with terms expiring 12/31/2021. MOVED BY WITSCHI, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. January 7, 2019 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #8. a) b) Finance Committee Chair Pavone presented a report concurring in the staff recommendation to approve the following payments: 1. Accounts Payable — total payment of $17,467,449.95 for vouchers 10089-10096, 112618, 370354-370355, 370370-370687, 370703-370986; payroll benefit withholding vouchers 5945-5964, 370356-370369, 370688-370702; and eleven wire transfers. 2. Payroll — total payment of $3,012,246.66 for payroll vouchers which includes 1,369 direct deposits and 15 checks (November 06-30 & December 01-15, 2018 pay periods). 3. Kidder Mathews — total payment of $257,144.87 for vouchers 5776-5796 4. Municipal Court — total payment of $6,922.26 for vouchers 017352-017359. MOVED BY PAVONE, SECONDED BY PRINCE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. c) Transportation (Aviation) Committee Vice Chair Corman noted that the committee report regarding the Renton Municipal Airport Preferred Airside Alternative recommendation is being held until further public outreach is conducted by Airport staff. NEW BUSINESS Please see the attached Council Committee Meeting Calendar. ADJOURNMENT MOVED BY PRINCE, SECONDED BY WITSCHI, COUNCIL ADJOURN. CARRIED. TIME: 7:18 P.M. Jason A. Seth, CIVIC, City Clerk Jason Seth, Recorder Monday, January 7, 2019 January 7, 2019 REGULAR COUNCIL MEETING MINUTES Council Committee Meeting Calendar AGENDA ITEM #8. a) January 7, 2019 January 14, 2019 Monday 3:00 PM Planning & Development Committee, Chair Prince - Council Conference Room 1 . Trails and Bicycle Master Plan Update 2. Emerging Issues in CED 4:00 PM Finance Committee, Chair Pavone - Council Conference Room 1 . Parks, Recreation and Natural Areas Plan 2. Certified Arborist Inspector Services Contract 3. Request to Increase Recreation Specialist to .75 FTE 4. Family First Community Center Grant, KC Youth Sports 5. Duvall Ave. Roadway TIB Grant 6. Emerging Issues in Finance 5:00 PM Committee of the Whole, Chair Persson - Conferencing Center 1 . Council Policy 800-12 2. Rental Registration Program 3. Family First Community Center Architectural Contract 4. Allocation of Lodging Tax Funding 5. Emerging Issues AGENDA ITEM #8. b) AB - 2298 C[TY OF -----wwwo�Renton u0"I" SUBJECT/TITLE: Proposed Annexation: 2nd Public Hearing on Zoning - Wolf Woods A- 17-002 RECOMMENDED ACTION: Council Concur; Set Public Hearing on XX/XX/XXXX DEPARTMENT: City Clerk STAFF CONTACT: Jason Seth, City Clerk EXT.: 6502 N/A On June 24, 2018 City Council held a public hearing in the matter of the proposed Wolf Woods Annexation. Following that public hearing, Council accepted the 60% petition and authorized the Administration to forward a Notice of Intent to the King County Boundary Review Board (BRB). On November 6, 2018, the BRB issued a Closing Letter for Completed Action indicating its approval of the annexation. The next step in the annexation of this area is for Council to hold a second public hearing in the matter of zoning. Following that public hearing, the Council may adopt the ordinance annexing the Wolf Woods area and the ordinance establishing zoning. City departments conducted a review of the annexation proposal and all departments indicated that the annexation represents a logical extension of their services and raised no concerns. A. King County Boundary Review Board Closing Letter B. Map Set a public hearing on 1/28/19 to consider approving and finalizing the annexation and zoning for the proposed Wolf Woods Annexation. File No. A-17-002. AGENDA ITEM #8. b) Washington State Boundary Review Board For King County 1-esler Building, 400 Yesler lfaj-, Roos» 240, Seattle, 14 A 98104 Phone. (206) 4---06339111111 kingcounl..gol• depls brb November 6, 2018 Angie Mathias, Long Range Planning Manager Dept. of Community & Economic Development City of Renton 1055 Grady Way Renton, WA 98057 RE: CLOSING LETTER FOR COMPLETED ACTION — File No. 2388 — City of Renton — Wolf Woods Annexation Dear Ms. Mathias: We are writing to advise you that the Boundary Review Board has now completed the required evaluation, as specified in RCW 36.93, for the above -referenced proposed action filed with the Board effective September 14, 2018. The Boundary Review Board also provided a 45-day public review period, as prescribed by RCW 36.93. The Board received no request for a public hearing of this proposed action during the public review period. The Boundary Review Board, therefore, hereby deems this proposed action approved effective October 29, 2018. Final approval of the proposed action is also subject to the following actions, where applicable: 1. Sewer and Water District actions and some other actions are also subject to approval by the Metropolitan King County Council. If the Council makes changes to the proposal, the Board may then be required to hold a public hearing. 2. Filing with King County of franchise application(s), as required, accompanied by a copy of this letter. 3. Filing with King County of permit application(s), as required, accompanied by a copy of this letter. 4. Fulfillment of all other statutory requirements and/or procedures specified in your Notice of Intention. AGENDA ITEM #8. b) Page 2 File No. 2388 - City of Renton - Wolf Woods Annexation November 6, 2018 Notification in writing of your intended effective date of annexation. This notification should be provided as early as possible. Please send this information to: Karen Wolf, Section Manager Strategic Planning and Policy Section King County Office of Performance, Strategy and Budget (OPSB) 401 Fifth Avenue, Suite 810 Seattle, Washington 98104 6. Filing with King County Council of (1) one certified copy of final resolution or ordinance accomplishing this proposed action; and (2) a copy of this letter. This document should be filed with the Clerk of the Council (Attn: Melani Pedroza), King County Courthouse, Room 1200, Seattle, Washington 98104. If you have questions or would like additional information, please contact our office at (206)-477- 0633. Sincerely, 41_1_� Lenora Bla an Executive Secretary cc: Melani Pedroza, Clerk of the Council Mike Reed, Council Administration Dave Wilson, Elections Division Linda Wilder, Department of Assessment Toni Carpenter, KCGIS Lydia Reynolds -Jones, Manager, Project Support Services King County 911 Program Interim Director, Department of Permitting and Environmental Review (DPER) Karen Wolf, Office of Performance, Strategy and Budget (OPSB) Steve Hirschey, Department of Natural Resources Connie Wong, Facilities Management Division, Real Estate Section FORM 13 ivuA 7 City of Renton Print map Template Notes None 0 256 0 128 256 Feet WGS_1984_Web _Mercator_Auxil iary_Sphere City °f Renton a Finance & IT Division Legend City and County Boundary 1 City Of Renton L I Other Addresses Parcels Information Technology - GIS This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be RentonMapSupport@Rentonwa.gov accurate, current, or otherwise reliable. 9/12/2017 THIS MAP IS NOT TO BE USED FOR NAVIGATION AGENDA ITEM #8. c) AB - 2302 C[TY OF -----wwwo�Renton uOl"' SUBJECT/TITLE: Interlocal Agreement to Support Regional Economic Development (Startup425) RECOMMENDED ACTION: Refer to Planning & Development Committee DEPARTMENT: Community & Economic Development Department STAFF CONTACT: Cliff Long, Economic Development Director EXT.: 6591 $30,000 In 2017, the cities of Bellevue, Issaquah, Kirkland, Redmond, and Renton, embarked on an experiment to support the creation and expansion of new businesses on the Eastside. Their collective interest in supporting startups and small businesses reflects their desire to support economic empowerment for individuals and generate strong economic impacts that support the broader community. In diverse ways (Comprehensive Plans, Economic Development Strategies, etc.), the partner cities share a common goal to support the growth of local small businesses as a means to advance job creation and create new opportunities for residents. Developing and maintaining a resilient startup ecosystem is a long-term economic development strategy that helps add jobs and additional tax revenue to City budgets, which in turn supports robust service delivery to residents, visitors, and businesses. The program currently functions at a subsistence level as an informal partnership between five distinct municipal entities. Bellevue acts as the Administrative Partner, and supplements funding and staffing with support from the current Port of Seattle Economic Development Grant. The Partners have expressed an interest in developing additional programming, doing more in-depth community engagement, and long-term strategic planning. These functions require additional staff bandwidth. Further, future success is dependent on the continued support of the Cities' leadership and economic development programs, which currently have an unwritten cooperative agreement. An interlocal agreement will formalize the relationship between the partner cities and further the goals of Startup 425, benefit the general public served by the cities, and enable the cities to provide financial support toward those ends. A. Issue Paper B. Resolution Authorizing Startup 425 ILA Staff recommends that the Council: (1) approve the interlocal agreement between the cities of Bellevue, Issaquah, Kirkland, Redmond and Renton that will formalize the cooperative effort to support a robust AGENDA ITEM #8. c) entrepreneur and small business ecosystem on the Eastside; and (2) authorize the Mayor to execute said agreement in the same form and commit $15,000 annually for 2019 and 2020 to fund Startup 425 management and day-to-day operations. A GENDVI #8. c) DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: January 2, 2019 TO: Don Persson, Council President Members of Renton City Council VIA: Denis Law, Mayor FROM: C. E. "Chip" Vincent, CED Administrator STAFF CONTACT: Cliff Long, Economic Development Director SUBJECT: Startup 425 Interlocal Agreement to Support Regional Economic Development ISSUE: Should the City Council approve the adoption of an interlocal agreement between the City of Renton and the cities of Bellevue, Issaquah, Kirkland and Redmond to establish a cooperative effort to support regional economic development and authorize the Mayor to execute the agreement? RECOMMENDATION: Staff recommends that the Council: (1) approve the interlocal agreement between the cities of Bellevue, Issaquah, Kirkland, Redmond and Renton that will formalize the cooperative effort to support a robust entrepreneur and small business ecosystem on the Eastside; and (2) authorize the Mayor to execute said agreement in the same form. BACKGROUND: In 2017, the cities of Bellevue, Issaquah, Kirkland, Redmond, and Renton (the "Partners"), embarked on an experiment to support the creation and expansion of new businesses on the Eastside. Their collective interest in supporting startups and small businesses reflects their desire to support economic empowerment for individuals and generate strong economic impacts that support the broader community. In diverse ways (Comprehensive Plans, Economic Development Strategies, etc.), the Partners share a common goal to support the growth of local small businesses as a means to advance job creation and create new opportunities for residents. Developing and maintaining a resilient startup ecosystem is a long-term economic development strategy that helps add jobs and additional tax revenue to City budgets, which in turn supports robust service delivery to residents, visitors, and businesses. AGENDA ITEM #8. c) Don Persson, Council President Page 2 of 3 January 2, 2019 Additionally, the last two economic cycles have shown an acceleration of "creative destruction" where outmoded business models are disrupted by firms that are on the leading edge of innovation. Once iconic companies like Washington Mutual, Blockbuster Video, Borders Bookstores, RadioShack, and Xerox have ceased operations. At the same time, copious amounts of new commercial space continue to go up across the Eastside. Startup 425 can support the long-term health of the cities' economies by cultivating the next generation of office and retail tenants to step in as job creators as legacy businesses are disrupted. Based on conceptual discussions, the Partners have expressed a common interest to grow the Startup 425 program into a self-sustaining, deep -engagement program. That type of well-rounded program would support economic development broadly across the Eastside, and specifically add capacity to support small, local businesses at a time when many are under stress due to structural changes in the economy. Additional staff capacity and expertise are necessary to achieve the partners' goals. Below is a status check on current operations, as well as options and recommendations for how to develop a long-term plan. Current Status 1 FTE Manager at 1/4 time 1 FTE Analyst at 1/4 time An average of 10 hours per quarter of staff time per partner city The program currently functions at a subsistence level as an informal partnership between five distinct municipal entities. Bellevue acts as the Administrative Partner, and supplements funding and staffing with support from the current Port of Seattle Economic Development Grant. Current staffing levels provide sufficient bandwidth to sustain the 425 Foundations series, maintain the program website, produce infrequent one-time workshops, and convene quarterly group meetings. The current level of programming is low value -add and not a significant revenue source. The Partners have expressed an interest in developing additional programming, doing more in-depth community engagement, and long-term strategic planning. These functions require additional staff bandwidth. Further, future success is dependent on the continued support of the Cities' leadership and economic development programs, which currently have an unwritten cooperative agreement. Conceptual End State Through various discussions and meetings, the Partners have articulated a desire for Startup 425 to evolve into a self-sustaining program with the following characteristics: 1. Dedicated staff (2+) 2. Formal written agreement among the partners 3. Financially sustainable AGENDA ITEM #8. c) Don Persson, Council President Page 3 of 3 January 2, 2019 a. Not more than 50% grant funded b. Secured and dedicated revenue streams c. Minimal municipal funds 4. Incorporated or transferred to another non-profit that is separate from the municipalities. With a right -sized level of support, Startup 425 can complete research on best practices across the country, develop a long-term operations model, and development products and partnerships that generate revenue to support a self-sustaining program. Formalizing the relationship by an interlocal agreement will support the goals of Startup 425 and enable the Partners to provide financial support toward those ends. CONCLUSION: As outlined in the 2019-2024 Business Plan, the City of Renton is dedicated to promoting economic vitality and strategically positioning Renton for the future. The City's goals to recruit and retain businesses to ensure a dynamic, diversified employment base and to nurture entrepreneurship and foster successful partnerships with businesses and community leaders are reflected in the mission of the Startup 425 program. The program lowers the barriers to entry for non-traditional and first-time founders; keeping the business ecosystem on the Eastside diverse, encouraging spontaneous collaboration, and providing pathways to prosperity for the whole community. City Staff does not possess the hands-on experience and strong community connections necessary to deeply understand the problems affecting the Eastside's small business community. Many of the questions facing Startup 425—like funding model, customer base, and program niche —are best left to experts, who deeply understand the small business process, existing service providers, and community needs. The interlocal agreement provides access to tools and resources that experienced workers, students, and entrepreneurs need that is beyond the current capacity of City Staff. AGENDA ITEM #8. c) CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITIES OF BELLEVUE, ISSAQUAH, KIRKLAND, AND REDMOND ENTITLED "INTERLOCAL AGREEMENT ESTABLISHING A COOPERATIVE EFFORT TO SUPPORT REGIONAL ECONOMIC DEVELOPMENT (Startup 425)." WHEREAS, the City of Renton (the "City") and the Cities of Bellevue, Issaquah, Kirkland, and Redmond (collectively the "Parties") are authorized, pursuant to chapter 39.34 RCW, the Interlocal Cooperation Act, to enter into an interlocal government cooperative agreement; and WHEREAS, using such quantifiable metrics as new business formation, startup density and venture capital investment, it has been shown the Parties consistently rank among the highest in startup activity within their boundaries nationwide; and WHEREAS, in recognition of that fact, the Parties created an informal program known as Startup 425, whose operations and offerings are designed to support startups and early -stage companies within the jurisdictions of the Parties; and WHEREAS, the Parties have determined that formalizing their relationship by an interlocal agreement will further the goals of Startup 425, benefit the general public served by the Parties, and enable the Parties to provide financial support toward those ends; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with the Cities of Bellevue, Issaquah, Kirkland, and Redmond entitled Interlocal Agreement Establishing a Cooperative Effort to Support Regional Economic Development 1 AGENDA ITEM #8. c) RESOLUTION NO. (Startup 425), in a form that is the same or substantially similar to the version attached hereto as Exhibit "A" and incorporated by this reference. PASSED BY THE CITY COUNCIL this day of , 2019. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this day of _ , 2019. Denis Law, Mayor Approved as to form: Shane Moloney, City Attorney RES.1791:12/6/18:scr AGENDA ITEM #8. c) RESOLUTION NO. EXHIBIT "A" INTERLOCAL AGREEMENT ESTABLISHING A COOPERATIVE EFFORT TO SUPPORT REGIONAL ECONOMIC DEVELOPMENT (Startup 425) AGENDA ITEM #8. c) RESOLUTION NO. INTERLOCAL AGREEMENT ESTABLISHING A COOPERATIVE EFFORT TO SUPPORT REGIONAL ECONOMIC DEVELOPMENT (Startup 425) This agreement ("Agreement's is entered into by and between the cities of Bellevue, Issaquah, Kirkland, Redmond and Renton, municipal corporations of the State of Washington, for the purpose of promoting economic development in each of their jurisdictions. WHEREAS, using such quantifiable metrics as new business formation, startup density and venture capital investment, it has been shown the cities of Bellevue, Issaquah, Kirkland, Redmond, and Renton ("Parties') consistently rank among the highest in startup activity within their boundaries nationwide; and WHEREAS, in recognition of that fact, the Parties created an informal program known as Startup 425, whose operations and offerings are designed to support startups and early -stage companies within the jurisdictions of the Parties; and WHEREAS, the Parties have determined that formalizing their relationship by this Agreement will further the goals of Startup 425, benefit the general public served by the Parties, and enable the Parties to provide financial support toward those ends; and WHEREAS, this joint undertaking is authorized pursuant to chapter 39.34 RCW, and has been authorized by the legislative body of each Party. NOW, THEREFORE, the Parties agree as follows: 1. INCORPORATION OF RECITALS. The Recitals set forth above are an important and integral part of this Agreement and are hereby incorporated by reference. 2. PURPOSE. The purpose of this Agreement is to acknowledge the Parties' mutual interest to jointly participate in the administration, operation, and strategy setting for Startup 425. 3. ADMINISTRATION. No new or separate legal or administrative entity is created to administer the provisions of this Agreement. Instead, the City of Kirkland will function as the administrator of Startup 425 (the "Administrator'). If necessary to change the Administrator the Parties may transfer this function to another Party by agreement of the Parties. 4. POWERS. The Administrator shall have the power to: (1) develop and recommend a budget; (2) adopt procedures to administer Startup 425; (3) make recommendations to the Parties concerning planning, policy, and funding for Startup 425 projects; (4) establish polices for the expenditure of budgeted items; and 5) enter into contracts, provide accounting and legal services, and execute such other contracts, agreements or other legal documents necessary for Startup 425 to carry out its purpose. 5. SCOPE. This Agreement allows the following activities: AGENDA ITEM #8. c) A. Host, edit, and maintain the Startup 425 website. B. Coordinate provision of the Startup 425 free workshop series for early -stage entrepreneurs in partnership with a variety of outside partners. Actively participate in the Eastside startup and small business community to promote a vibrant ecosystem of entrepreneurs and small business owners. C. Engage in a long-range planning effort by the Parties in 2019 to chart a future course for Startup 425 for growth and success, including convening a business advisory committee to identify unmet needs, revenue generating activities and a sustainable operations model, to be followed by the implementation of strategies generated by the plan in 2020. The plan may result in a recommended new organizational structure. Regardless, the Parties will review management of Startup 425 at the end of 2020 and may determine to change out or amend the current management at that time. D. Quarterly updates for all Parties that cover customers served, services provided, budget, and other items as requested by the Parties. E. Other related programs as proposed by the Administrator or the other Parties. 6. TERM AND TERMINATION. This Agreement shall become effective ("Effective Date's when signed by all Parties and shall remain in effect until December 31, 2020. Thereafter, the Agreement shall renew automatically for one-year terms ending December 31 unless any Parry gives notice 30 days before the end of the then existing term that it is withdrawing from the Startup 425 program. The Agreement shall thereafter remain in effect as to the remaining Parties unless the Administrator at its sole discretion determines the Startup 425 program is no longer viable without the Parry withdrawing in which event the Administrator will give notice of the date that it is withdrawing from participation, and the Agreement will terminate on that date unless the Parties select another Administrator before that date. No jointly - owned property will be obtained under this Agreement, and any Parry's real or personal property held by the Startup 425 program will be returned to that Party upon the Parry's withdrawal or this Agreement's termination. 7. FINANCING. The cities of Bellevue, Issaquah, Redmond and Renton will each provide $15,000 annually for 2019 and 2020 to fund Startup 425 management and day-to- day operations. The first payment will be due 30 days after the Effective Date. Subsequent payments will be due by January 31 of each successive term. A deferred account will be established at the Administrator for funds received for Startup 425. The Administrator will contribute up to $40,000, to manage the Startup 425 program and its day-to-day operations, and provide accommodations including but not limited to office space, meeting space, and necessary equipment for its operation. 8. CONTACT PERSONS. For purposes of this Agreement, the following persons shall serve as contact persons for their respective jurisdictions: Bellevue: Michael Cummins; mcummins@bellevuewa.gov Issaquah: Tim Duffer; timdOissaquahwa.gov AGENDA ITEM #8. c) RESOLUTION NO. Kirkland: Ellen Miller -Wolfe; emwolfe@kirklandwa.gov Redmond: Jill Smith; jesmith@redmond.gov Renton: Jessie Kotarski; jkotarski@rentonwa.gov 9. GENERAL MATTERS AND RECORDING. A. Entire Agreement. This Agreement is the complete expression of the terms hereof, and any representations or understandings, whether written or oral, not incorporated herein are excluded. B. Modification. This Agreement may only be modified in writing and must be signed by all Parties participating in Startup 425 at the time of the modification. C. No Assignment. No Parry shall have the right to transfer or assign its rights or obligations under this Agreement without the prior written consent of all other Parties. D. Venue. Any action filed under or related to this Agreement must be brought in King County Superior Court. E. Recording. This Agreement shall be filed with King County Records by the City of Kirkland or otherwise made public in accordance with the Interlocal Cooperation Act. F. Dispute Resolution. If any dispute arises among the Parties which is not resolved by routine meetings or communications, the disputing parties agree to seek resolution of such dispute in good faith by meeting, as soon as feasible. If the disputing parties do not come to an agreement on the dispute, they may agree to pursue mediation through a process to be mutually agreed upon, with the parties to the dispute sharing equally the costs of mediation and assuming their own costs. G. No Third Party Beneficiaries. This Agreement is for the benefit of the Parties only, and no third party shall have any rights hereunder. H. Retained Responsibility and Authority. Except as expressly provided for herein, the Parties retain the responsibility and authority for managing and maintaining their own respective systems and programs related to economic development activities. I. Severability. The invalidity of any clause, sentence, paragraph, section, or portion thereof shall not affect the validity of the remaining provisions of the Agreement In the event the provision invalidated is necessary for any Party to continue to receive the benefit it was receiving under the Agreement before the invalidation, the Parties agree to amend the Agreement to provide a substitute provision that enables it or them to continue to receive that benefit. If that AGENDA ITEM #8. c) RESOLUTION NO. cannot be done, the Agreement will be deemed terminated as of any date required by the invalidation. 10. COUNTERPARTS. This Agreement may be signed in counterparts and, if so signed, shall be deemed one integrated agreement. Approved on this day of , 2019. RESOLUTION NO. AGENDA ITEM #8. c) Jurisdiction: Bellevue Bv: Name: Michael Cummins Title: Director of Community Development Date: Approved as to form: City Attorney w RESOLUTION NO. AGENDA ITEM #8. c) Jurisdiction: Issaquah By: Name: Mary Lou Pauly Title: Mayor Date: Approved as to form: City Attorney RESOLUTION NO. AGENDA ITEM #8. c) Jurisdiction: Kirkland By: Name: James Lopez Title: Assistant City Manager Date: Approved as to form: City Attorney 10 RESOLUTION NO. AGENDA ITEM #8. c) Jurisdiction: Redmond By: Name: John Marchione Title: Mayor Date: Approved as to form: City Attorney 11 RESOLUTION NO. AGENDA ITEM #8. c) Jurisdiction: Renton By: Name: Denis Law Title: Mayor Date: Approved as to form: City Attorney 12 AGENDA ITEM #8. d) AB - 2294 C[TY OF -----wwwo�Renton uOl"' SUBJECT/TITLE: RECOMMENDED ACTION DEPARTMENT: STAFF CONTACT: EXT.: WSDOT Acquisition for 1-405 and NE 44th Street Interchange Refer to Transportation (Aviation) Committee Community & Economic Development Department Amanda Askren, Property & Technical Services Manager 7369 WSDOT is requesting a temporary construction easement for the Fawcett South property. The compensation for the temporary take is set at $1,000. WSDOT is requesting a right-of-way take of a portion of the Fawcett East property. The acquisition compensation is set at $20,000. Due to using grant funds in part to purchase the Fawcett East property, the City is required to reimburse King County in the amount of 50% of the acquisition compensation because the property taken by WSDOT will be converted from open space use to right-of-way use. Because compensation is set at $20,000, $10,000 is the reimbursable amount due to King County. The Washington State Department of Transportation is planning improvements to 1-405 between SR 167 and NE 6th Street in Bellevue, known as the 1-405 Renton to Bellevue Widening and Express Toll Lanes Project. They are currently finishing the preliminary design, environmental and right-of-way phases of the project and are scheduled to release a request for proposals to design -build contractors in November 2018. The project includes the total reconstruction of the 1-405 and NE 44th Street Interchange (Exit 7). The City owns two properties near the interchange improvements that will be impacted: one property on the west side of 1-405 formerly referred to as the Fawcett South property, and one property on the east side of 1-405 formerly referred to as the Fawcett East property. WSDOT is requesting a temporary construction easement for the Fawcett South property. The compensation for the temporary take is set at $1,000. WSDOT is requesting a right-of-way take of 45,225 square feet and leaving the City with the remainder of the parcel comprising 276,905 square feet according to the WSDOT ROW Plan dated April 21, 2006 for the Fawcett East property. The acquisition compensation is set at $20,000. Due to using grant funds in part to purchase the Fawcett East property, the City is required to reimburse King County in the amount of 50% of the acquisition compensation because the property taken by WSDOT will be converted from open space use to right-of-way use. Because compensation is set at $20,000, $10,000 is the reimbursable amount due to King County. A. Issue Paper Set public hearing for February 4, 2019 to authorize the Mayor and City Clerk to execute the WSDOT documents for the Temporary Easement and Warranty Deed and accept the compensation for same and authorize the disbursement of funds in the amount of $10,000 to King County as required repayment of grant funds for the King County's Conservation Futures Levy. AGEND DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: January 7, 2019 TO: Don Persson, Council President Members of Renton City Council VIA: Denis Law, Mayor FROM: Chip Vincent, CED Administrator STAFF CONTACT: Amanda Askren, Property & Technical Services Manager SUBJECT: WSDOT Acquisition for 1-405 and NE 44th Street Interchange ISSUE: 1. Should Council authorize the Mayor and City Clerk to execute the WSDOT documentation packet for (1) a Temporary Construction Easement over a portion of the property formerly referred to as the Fawcett South property, with compensation to the City in the amount of $1,000 (2) a Warranty Deed for a right-of-way take of a portion of the property formerly referred to as the Fawcett East property, with compensation to the City in the amount of $20,000? 2. Should Council authorize the disbursement of funds to King County in the amount of $10,000 as required under an interlocal agreement with the County (CAG-90-029) because the City acquired the Fawcett East property in part with grant funds from King County's Conservation Futures Levy? RECOMMENDATION: 1. Authorize the Mayor and City Clerk to execute the WSDOT documents for the Temporary Easement and Warranty Deed and accept the compensation for same. 2. Authorize the disbursement of funds in the amount of $10,000 to King County as required repayment of grant funds for the King County's Conservation Futures Levy. The Washington State Department of Transportation is planning improvements to 1-405 between SR 167 and NE 6t" Street in Bellevue, known as the 1-405 Renton to Bellevue Widening and Express Toll Lanes Project. They are currently finishing the preliminary design, environmental and right-of-way phases of the project and are scheduled to release a request for proposals to design -build contractors in November 2018. The project includes the total reconstruction of the 1-405 and NE 44t" Street Interchange (Exit 7). The City owns two properties near the interchange improvements that will be #8. d) AGENDA ITEM #8. d) Don Persson, Council President Members of the Renton City Council Page 2 of 3 January 7, 2019 impacted: one property on the west side of 1-405 formerly referred to as the Fawcett South property, and one property on the east side of 1-405 formerly referred to as the Fawcett East property. This information was previously submitted for review to the Council on April 26, 2018 in the Agenda Bill for the WSDOT Interlocal Agreement GCB2890 for Mitigation of Impacts to Section 4(f) City Park Properties and Professional Services Agreement with Otak, Inc. for Preliminary Design and Permitting Work for the May Creek Trail Project. At that time, the description and details of the properties were shown and stated that these would be brought forward for Council's review and approval. Temporary Construction Easement The Temporary Construction Easement is located on the property previously referred to as the Fawcett South property. This property was acquired by the City in December 2017. WSDOT is requesting a temporary construction easement totaling 2,878 square feet of the total parcel amount of 357,673 square feet. The compensation for the temporary take is set at $1,000.00. The legal description, exhibit and documents provided in the WSDOT packet have been previously reviewed by City staff. The compensation will be deposited in GL316.000000.005.395.10.00.000 SALE OF GENERAL FIXED ASSETS. Warranty Deed — Right -of -Way Take The Warranty Deed area is located on the property previously referred to as the Fawcett East property. This property was acquired by the City in 2015 in part using King County's Conservation Futures Levy funds through two grant amendments to the interlocal agreement CAG-90-029 originally executed on June 5, 1990. WSDOT is requesting a right-of-way take of 45,225 square feet and leaving the City with the remainder of the parcel comprising 276,905 square feet according to the WSDOT ROW Plan dated April 21, 2006. The acquisition compensation is set at $20,000. The legal description, exhibit and documents provided in the WSDOT packet have been previously reviewed by City staff. The compensation will be deposited in GL316.000000.005.395.10.00.000 SALE OF GENERAL FIXED ASSETS. Due to using grant funds in part to purchase the Fawcett East property, the City is required to reimburse King County in the amount of 50% of the acquisition compensation because the property taken by WSDOT will be converted from open space use to right-of-way use. Because compensation is set at $20,000, $10,000 is the reimbursable amount due to King County. The full compensation amount will be paid to the City and then a funds transfer will occur from the City to King County. The compensation will be deposited in GL316.000000.005.395.10.00.000 SALE OF GENERAL FIXED ASSETS. Due to funding restrictions with the original funding source, the AGENDA ITEM #8. d) Don Persson, Council President Members of the Renton City Council Page 3 of 3 January 7, 2019 remaining $10,000 balance will be re -allocated through a budget adjustment to the Cedar River Trail Trestle Bridge (316.332028.020.576.81.48.000). cc: Kelly Beymer, Community Services Administrator Leslie A. Betlach, Parks & Planning/Natural Resources Director Gregg Zimmerman, Public Works Administrator Jim Seitz, Transportation Systems Director Misty Baker, Senior Finance Analyst AGENDA ITEM #8. e) AB - 2304 C[TY OF -----wwwo�Renton u0"I" SUBJECT/TITLE: Clarifying Recreational Uses as part of Mixed Use in the UC Zone RECOMMENDED ACTION: Refer to Planning Commission and Planning & Development Committee DEPARTMENT: Community & Economic Development Department STAFF CONTACT: Chip Vincent, CED Administrator EXT.: 6588 N/A Currently, in the Urban Center (UC) zone City Code allows indoor recreation provided it is a component of a mixed use project. However, it does not allow outdoor recreation even if it were part of a mixed use project. The Administration is recommending that a work program to consider allowing outdoor recreation as part of mixed use projects be initiated. Refer to the Planning Commission and Planning & Development Committee for review. Following this review, the Planning Commission will present recommendations to Council. AB - 2288 AGENDA ITEM #8. C[TY OF -----wwwo�Renton u0"I" SUBJECT/TITLE: RECOMMENDED ACTION DEPARTMENT: STAFF CONTACT: EXT.: 2019-2020 contract approval for Renton Police Guild, Commissioned Council Concur Human Resources / Risk Management Department Ellen Bradley-Mak, Administrator X7657 Budget approval was initially set at a 3% COLA for both 2019 & 2020. A budget adjustment will be prepared to account for the additional budget needed based on the contract terms agreed to above. The additional budgeted amount for wages and benefits will be approximately $220K and $300K for 2019 and 2020 respectively. The City and the Renton Police Guild representing Commissioned Officers and Sergeants began bargaining for a successor Collective Bargaining Agreement to the 2016-2018 Agreement on July 24, 2018 and reached a tentative agreement on December 11, 2018. This agreement is subject to Guild ratification that is scheduled for January 10th. Salary and benefits issues were addressed as follows: 1. The parties agreed to a two (2) year agreement from 2019-2020. 2. Effective January 1, 2019, the base wages for all positions in the bargaining unit shall be increased by 3.75% above the wages in effect December 31, 2018. 3. Effective January 1, 2020, the base wages shall be increased by 3.5% above the wages in effect December 31, 2019. 4. Added a new On -Call provision to compensate five (5) officers per week at five (5) hours of overtime pay each. Employees chosen from Detectives, SET, and Traffic divisions will serve on a rotational basis as assigned by their Commanders. 5. Added Longevity at a 30 year step at 14%. 6. Creation of a VEBA plan. Funding of the VEBA will occur the first pay period after January 1, 2020. Other changes to the contract include: 1. Revised the Union Recognition and Union Membership clauses to be in alignment with the Janus Supreme Court decision. 2. Revised existing language regarding personnel files to comply with WA State Retention schedules and Public Records Requests. 3. Expanded the Interpreters provision to further encourage diverse language speaking ability within the Department to better serve our community. 4. Reviewed language to comply with Washington State Sick Leave and Paid Family Leave legislation. A. 2019-2020 contract B. 2019-2020 contract, redline showing revisions AGENDA ITEM #8. 0 Adopt the Agreement between the parties, City of Renton and Renton Police Guild, for the Renton Police Guild Commissioned Employees' contract for 2019-2020, and authorize the Mayor and City Clerk to sign. AGENDA ITEM #8. 0 AGREEMENT By and Between CITY OF RENTON and RENTON POLICE GUILD REPRESENTING COMMISSIONED EMPLOYEES January 1, 2019 - December 31, 2020 AGENDA ITEM #8. 0 AGENDA ITEM #8. 0 TABLE OF CONTENTS PREAMBLE..................................................................................... 5 ARTICLE 2 — UNION MEMBERSHIP AND DUES DEDUCTION ..........6 ARTICLE 3 — EMPLOYMENT PRACTICES.........................................9 ARTICLE 4— HOURS OF DUTY......................................................13 ARTICLE 5 — SALARIES..................................................................23 ARTICLE 6 —ALLOWANCES AND PREMIUMS...............................24 ARTICLE 7 — SICK LEAVE............................................................... 30 ARTICLE 8 — HOLIDAYS................................................................34 ARTICLE 9 —TUITION REIMBURSEMENT.....................................35 ARTICLE 10 — EDUCATIONAL INCENTIVE.....................................36 ARTICLE 11— PERSONAL LEAVE ................................................... 36 ARTICLE 12 — LONGEVITY............................................................41 ARTICLE 13 — PENSIONS..............................................................42 ARTICLE 14 — INSURANCES..........................................................42 ARTICLE 15 —TECHNOLOGY ........................................................48 ARTICLE 16 — BILL OF RIGHTS......................................................51 ARTICLE 17 — MANAGEMENT RIGHTS.........................................61 17.1. Recognition .....................................................................61 17.2. Rights of Employer..........................................................61 ARTICLE 18 —GRIEVANCE PROCEDURE.......................................62 ARTICLE 19 — PERFORMANCE OF DUTY.......................................66 ARTICLE 20 — RETENTION OF BENEFITS.......................................66 AGENDA ITEM #8. 0 ARTICLE 21— PAY DAYS............................................................... 67 ARTICLE 22 — SAVINGS CLAUSE...................................................67 ARTICLE 23 — ENTIRE AGREEMENT..............................................69 ARTICLE 24 - DURATION OF AGREEMENT...................................69 APPENDIX A: SALARIES................................................................71 APPENDIX 6: EDUCATION/LONGEVITY SCHEDULE ......................74 APPENDIX C— MEDICAL RELEASE................................................75 APPENDIX D: M.O.U. Re: Commissioned Extra Duty Compensation 76 INDEX.......................................................................................... 78 AGENDA ITEM #8. 0 ►A I M The rules contained herein constitute an Agreement between the City of Renton, hereinafter referred to as the Employer, and the Renton Police Guild, hereinafter referred to as the Guild, governing wages, hours, and working conditions for certain members of the Renton Police Department. It is intended this Agreement, achieved through the process of collective bargaining, will serve to maintain good relations between the Employer and the Guild, to promote efficient and courteous service to the public, and to protect the public interest. ARTICLE 1— RECOGNITION AND BARGAINING UNIT 1.1 Union Recognition. The Employer recognizes the Guild as the exclusive representative of all commissioned employees below the Civil Service rank of Commander for the purpose of bargaining with the Employer. A commissioned employee is defined as outlined in RCW 41.56.030. 1.2 Union Representation. The Guild President, or any other members of the Guild appointed by the President, shall be recognized by the Employer as the official representatives of the Guild for the purpose of bargaining with the Employer. The Guild recognizes the Employer as the duly elected representative of the people of the City of Renton and agrees to negotiate only with the Employer through the negotiating agent or agents officially designated by the Mayor and City Council to act on its behalf. AGENDA ITEM #8. 0 1.3 Guild Representatives. The number of representatives of the Guild and the Employer at any negotiating session shall be limited to five (5) members each, unless waived by mutual agreement of the parties. The Guild will supply the City with a list of its "Official Representatives" by February 28t" of each year. The Guild reserves the right to modify the list as needed. ARTICLE 2 — UNION MEMBERSHIP AND DUES DEDUCTION 2.1. Membership. The Employer recognizes that members of the Renton Police Department may, at their discretion, become members of the Guild when such membership has been duly approved in accordance with the provisions of the Guild's Constitution and By -Laws. The Guild accepts its responsibility to fairly represent all employees in the bargaining unit regardless of membership status. 2.2. Union Security. Within thirty (30) days of hire or transfer into the bargaining unit, each employee has the choice to attend a one -hour orientation session with a designated Guild representative during working hours. The purpose of the orientation is for the Guild to provide information related to coverage under this CBA and enrollment in Guild membership. The Employer and the Guild agree that employees in positions covered under this Agreement hired on or after its effective date shall, on the thirty-first (31St) day following the beginning of such employment, make an election whether or not to become a member of the Guild in good standing. AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 2.2.4. Subcontract Work. The Employer agrees it will not subcontract work performed by Guild members to non - Guild personnel without the written agreement of the Guild. As of ratification of this contract, the Guild agrees that pre -employment background investigations may be contracted to outside vendors at the discretion of the Chief. 2.3. Union Officials' Time Off. 2.3.1. Release Time for Guild Business. Official representatives of the bargaining unit shall be given time off with pay to attend meetings with City representatives or to attend Guild meetings, provided five days' notice is given. Representatives assigned to graveyard shift may be released by 2300 hours with supervisor's approval when necessary to attend such meetings. 2.3.2. Release Time for Training and Conferences. Official representatives of the bargaining unit shall be given time off with pay to attend Guild related conferences (not to exceed three working days for a single function). The allowable aggregate of such time off shall not exceed one hundred sixty (160) hours in one calendar year. Provided, that a copy of the agenda of the meeting is submitted to the Chief, at least 14 calendar days prior to the meeting and that the Guild waives the right to working out of classification pay should a replacement be needed to assume the duty of the Guild representative granted time off. Page 7 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 2.3.3. Release Time Restrictions. The Employer retains the right to restrict time off under subsections 2.3.1. and 2.3.2. if an emergency exists or when such time off would unreasonably impact department operations. 2.4. Dues Deduction. Upon written authorization by an employee and approval by the Guild Executive Board, the Employer agrees to deduct from the wages of each employee the sum certified as initiation dues and assessments twice each month as Guild dues, and to forward the sum to the Guild Secretary or Treasurer. If any employee does not have a check coming to him/her or the check is not large enough to satisfy the assessments, no deductions shall be made from the employee for that calendar month. All requests to cancel dues deductions shall be in writing to the Employer and require notification to the Guild by the Employer. Every effort will be made to end the deduction effective on the first payroll, but not later than the second payroll, after the Employer's receipt of the employee's written notice. The Guild agrees to indemnify and hold harmless the Employer for any claims, with the exception of those caused by the Employer's negligence, arising out of the Employer's activities to enforce the provisions of this Article. The Employer will provide a monthly written report to the Guild transmitted with transfer of deducted dues owed to the Guild ("the transferred amount"). Such report shall indicate: 1) all individuals who had dues withheld as part of the transferred amount, and the amount withheld and transmitted on behalf of that individual; 2) a list of all employees who did not have dues Page 8 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 withheld as part of the transferred amount; 3) a list of all employees commencing employment since the preceding report; and 4) all employees in the preceding month who requested discontinuance of payroll deduction of dues. ARTICLE 3 — EMPLOYMENT PRACTICES 3.1. Personnel Reduction. Whenever it becomes absolutely necessary through lack of finances or for any other reasonable purpose to reduce the number of employees in the bargaining unit, such reductions shall be carried out based on seniority in accordance with the following: 3.1.1. Seniority. Seniority will be determined by the employees most recent hire date in the bargaining unit. a. In the event of a tie, the determining factor will be placement on the eligibility list. b. Leaves of Absence will not be subtracted from seniority. 3.1.2. Probationary Employees. (First appointment) in reverse order of seniority; the one with the least seniority being laid off first. 3.1.3. Non -Supervisory Regular Employees. In reverse order of seniority; the one with the least seniority being laid off f i rst. Page 9 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 3.1.4. Supervisors. In the event it becomes necessary to reduce the number of employees of supervisory rank, the following shall occur: a. Sergeant reduced to Officer — in reverse order of seniority in rank; the one with the least service in the position of Sergeant being reduced in rank first 3.1.5. Reinstatement. Employees laid off or reduced in rank shall be recalled to vacant positions in order of their department seniority; a. Non -Supervisory Regular Employees —the employee with the greatest seniority being recalled first. b. Supervisory Employees —The employee with the greatest seniority in rank being reinstated first. c. An employee may be recalled within two years from the date of layoff. 3.1.6. Rehires. In the event a certified employee leaves the service of the Employer due to reduction in force and within the next two years the Employer rehires said former employee into the same classification to which he/she was assigned at the date of reduction, such employee shall be placed at the same step in the salary range which he/she occupied at the time of the original reduction. 3.1.7. Re -Entry into the Guild. If, for any reason, a command -level officer of the Department returns to the Page 10 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 rank of Sergeant or below, he/she will again become a member of the Guild. Their seniority date will be his/her original date into the bargaining unit and all rules in Section 3.1 shall apply. Their seniority in rank shall be based on the date they re-entered the Guild. 3.2. Vacancies and Promotions. Vacancies shall be filled and promotions made in accordance with the Police Civil Service Rules and Regulations, provided, that nothing in this Agreement shall be construed to require the Employer to fill any vacancy. 3.3. Personnel Files. 3.3.1. Personnel Files Contents. The personnel files are the property of the Employer. The Employer agrees that the contents of the personnel files, including the personal photographs, shall be confidential and shall restrict the use of information in the files to internal use by the Police Department. This provision shall not restrict such information from becoming subject to due process by any court, administrative tribunal, or as required by law. Reasonable notice shall be given the employee should the Employer be required to release the personnel file. It is further agreed that information may be released to outside groups subject to the approval of the Employer; provided, that nothing in this section shall prevent an employee from viewing his/her original personnel file in its entirety upon request. Nothing shall be added to or deleted from the file unless the employee is furnished a legible copy of the same. Page 11 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 3.3.2. Inspection of Papers. The application and examination papers of an employee shall be available for inspection by the appointing authority, the Chief of Police, and affected employee. Employees shall be allowed to review a copy of any adverse documentation before it placed in the file. The employer shall maintain a single personnel file and there shall be no secret files. Materials for the purpose of supervisor evaluations shall be expunged if not made part of the personnel file. Such papers shall also be made available to the employee upon request, and to the elected or appointed officers of the Guild at the request of the affected employee. Written warnings shall be expunged from personnel files (at employee's written request) after a maximum period of two years if there is no reoccurrence of misconduct for which the employee was disciplined during that period. Any record of serious discipline shall be removed from the personnel files after a maximum period of six years upon written request by the employee and if there is no reoccurrence of misconduct for which the employee is disciplined during that period. Nothing in this section shall be construed as requiring the Employer to destroy any employment records necessary to the Employer's case if it is engaged in litigation with the employee regarding that employee's employment at the time those records would otherwise be destroyed. The parties recognize that the Employer may retain internal investigation files, including discipline items removed from personnel files, in compliance with the state records retention schedule and RCW 40.14. Page 12 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 3.4. Probation. Probation periods for employees newly hired into the bargaining unit shall not exceed 18 months. Probation period for lateral officers shall not exceed 12 months. During this period, employees may be discharged without resort to the Civil Service or grievance procedure for failure to pass probation. Employees who are promoted within the bargaining unit shall serve a promotional probation period, which shall not exceed one year. During that period, employees may be reverted to their former positions without resort to the Civil Service or the grievance procedure for failure to pass probation. 3.5. Non -Discrimination. The Employer and the Guild agree that neither shall unlawfully discriminate against any person because of race, color, religion, national origin, age, gender, marital status, sexual orientation, genetic information, disability status, veteran/military status, and/or any other protected class or characteristic unless based on a bona fide occupational qualification. The Employer agrees not to discriminate against employees because of union membership or lawful union activities. It is recognized that employees who feel they have been victims of discrimination shall be entitled to seek relief or redress through the grievance procedures contained in this Agreement or through the City of Renton Fair Practices Policy. ARTICLE 4 — HOURS OF DUTY 4.1. Hours of Duty. The normal schedule for hours of duty for employees in the bargaining unit shall be five (5) consecutive days on followed by two (2) consecutive days off, with the exceptions provided in sections 4.1.1., 4.1.2., and 4.1.3. below. Page 13 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 4.1.1. Patrol Operations Division: Commissioned employees assigned to the Patrol Operations Division shall work a 2-2-3 schedule defined as the Pitman schedule for a total of 2189 hours in a calendar year. For section 7(k) purposes under the Fair Labor Standards Act, the work period (FLSA, 29 U.S.C, 207) (k) shall be twenty-eight (28) days, for a work period of 147 hours. a. Shift assignments shall be made by shift bidding by seniority in rank (i.e. a "fixed watch" system). The Employer shall have the right to override the results of shift bidding for legitimate operating concerns such as personality conflicts, balancing seniority, and teamwork considerations or other reasonable basis. The Department agrees to give the Guild the specific reasons for the override in writing upon the request of the Guild, and to allow a Guild representative to be present in meetings in which the assignments are discussed and these decisions are made. The division commanders will be available to speak to individual officers who have questions regarding shift assignment and bid overrides. b. Seniority is calculated from the employee's most recent hire date in the bargaining unit. For non - supervisory employees, seniority in rank is the same as seniority. For employees of supervisory rank, seniority in rank is calculated from the supervisor's date of promotion to current rank. Whenever two or more employees are hired/promoted on the same day, Page 14 of 82 Police Commissioned Contract AGENDA ITEM #8. 0 2019-2020 seniority and seniority in rank shall be determined by relative position on the hiring/promotional list. 4.1.2. Patrol Services Division: Comprised of Motorcycle Officers and Accident Investigators. Employees assigned to the Patrol Services Division shall work four (4) consecutive ten (10) hour days followed by three (3) consecutive days off (4/10 schedule). 4.1.3. Special Operations Division: Comprised of the Directed Enforcement Team (DET) and the Special Enforcement Team (SET). Employees assigned to the Special Operations Division (SOD) shall work two (2) consecutive ten (10) hour days followed by two (2) consecutive eleven (11) hour days, or some combination thereof for a total of 2189 hours in a calendar year. In accordance with Fair Labor Standards Act requirements, the work period (FLSA 29 U.S.C., 207(k) shall be twenty-eight (28) days for a work period of 147 hours. SET work days will be Tuesday through Friday with the ability to flex days and hours as needed. DET work days will be four (4) consecutive various days between Monday and Saturday with the ability to flex days and hours as needed. 4.1.4. Investigations: Employees assigned to investigations shall work four (4) consecutive, ten (10) hour days followed by three (3) consecutive days off (4/10 schedule). Page 15 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 4.1.5. Administrative Services: Employees assigned to Administrative Services shall work a 9/80 or 4/10 schedule as directed by management. The above work schedules may be changed by mutual agreement between the Guild and the Chief of Police. 4.2. Shift Rotations. The rotation of personnel between shifts and squads shall be minimized within the limitations of providing an adequate and efficient work force at all times. When rotation is necessary, the Employer will notify the affected employees as soon as reasonably possible. Such notifications shall occur no later than fifteen (15) calendar days prior to the personnel rotation, except when such employees are probationary officers, or waive this provision in writing, or when such rotations are needed due to a bona fide law enforcement emergency. 4.3. Overtime. Except as otherwise provided in this Article and when required by the Fair Labor Standards Act, employees shall be paid at the rate of time and one-half for all hours worked in excess of their regular shift. 4.3.1. Pitman Patrol Schedule Overtime: Except as otherwise provided in this Article, employees shall be paid at the rate of time and one-half for all hours worked in excess of twelve (12) hours in any twenty-four (24) hour period inclusive of lunch period. 4.3.2. Employees required to work on any regular day off or approved day off shall be paid at the rate of time and one- half for the first day and double time for the second and Page 16 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 subsequent consecutive days EXCEPT in the event of an emergency when overtime shall revert to the time and one- half rate. 4.3.3. Overtime, except for training, shall be voluntary, provided that if there are not enough volunteers to meet public safety requirements, overtime shall be mandatory. 4.3.4. Employees may not accumulate less than fifteen (15) minute increments of overtime. 4.4. Overtime Minimums. In the event overtime is not in conjunction with the beginning or end of a regularly scheduled shift, the minimum payment shall be as set forth herein. The rate of pay for minimums shall be time and one-half. However, when Sub -section 4.3.2 applies, the employee may choose either the double time rate for all hours worked or the time and one-half rate for the applicable minimum. Court minimums shall not overlap. 4.4.1. Three (3) hours for any court or related hearing located in Renton. 4.4.2. Four (4) hours for any court or related hearing outside the City of Renton. 4.4.3. Four (4) hours for any required court attendance within nine (9) hours of the end of a graveyard shift within the City of Renton and five (5) hours outside the City of Renton. Page 17 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 4.4.4. Two (2) hours for any other unspecified overtime including in -person meetings with the prosecutor's office or defense counsel. 4.4.5. Eight (8) hours court minimum when an employee is required to appear one or more times in court on any given day, and all the employee's court responsibilities for that day have not been completed within five hours after the employee's first court appearance on that day. 4.4.6. Three (3) hours when an employee is requested to report for duty as a result of an investigation call out. To be eligible, the employee must have been off -duty for at least one (1) hour preceding the call back. 4.5. Compensatory Time. The Employer shall pay all authorized overtime requests on a cash basis, provided that employees shall be allowed to elect compensatory time in lieu of overtime cash payment up to a maximum accrual of eighty (80) hours. Nothing in this section shall be construed as to prohibit the employee his/her option of requesting compensatory time off in lieu of paid overtime; provided that the accumulation of such time is approved by the Administration Officer or Officer officially acting in that capacity. In December of each year, the Employer has the option of purchasing all or part of compensatory time accumulated by employees. 4.6. Early Release. Page 18 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 4.6.1. Employees working the Pitman schedule who are required to report to work for any reason other than in- service training between two (2) graveyard shifts or following a graveyard shift, shall be relieved from duty at least eight hours prior to having to report to duty without loss of time or overtime minimums. Employees working the Pitman schedule who appear in court five (5) hours or more between two graveyard shifts may be relieved from duty until 2300 hours on the night after appearance, without loss of time or court overtime minimums. It is the Employer's desire to not have an employee work more than sixteen (16) hours in a workday. Except in an emergency situation, the employer will make every effort to ensure that employees do not work more than sixteen (16) hours in a workday. 4.6.2. Personnel called out for work, other than court, prior to the beginning of their normally scheduled hours, shall be allowed to start their regularly scheduled shift at the time notified of the call out. Work hours spent on the call out will be at the overtime rate. Once the call out is complete or the employee's regular start time arrives, the employee may elect to flex the remainder of their shift pending supervisor approval. Regular or flex shift hours will be paid at the straight time rate. 4.7. Standby and On -Call Page 19 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 4.7.1. Standby. The Employer and the Guild agree that the use of standby time shall be minimized. Standby assignments shall be for a fixed, predetermined period of time. Employees placed on standby status by a member of the Police Department Command Staff, shall be compensated on the basis of one (1) hour straight time pay for each two (2) hours of standby or fraction thereof. If the employee is actually called to work, standby pay shall cease at that moment and normal overtime rules shall apply. 4.7.1. On -Call. Employees assigned to on -call status shall be subject to on call assignment for a period of one week during which time they shall be required to respond within sixty (60) minutes and be available by telephone at all times. For the week that employees assigned the on -call status shall receive five (5) hours compensation at the overtime rate of time and one-half. The respective Division Commanders shall individually determine which employees shall be subject to on -call status provided that not less than five (5) employees shall be on -call each week. The following assignments are subject to being on -call: Detectives, SET and Traffic. 4.8. Compensation for Training. The Employer shall have a reasonable obligation to attempt to schedule training during the employee's regular shift. 4.8.1. Training on a Scheduled Work Day, Not Requiring Overnight Accommodations. The employees agree to waive any overtime resulting from attendance at any training school or session of less than eight (8) hours on a Page 20 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 scheduled work day, and to adjust work schedules on an hour for hour basis. The employees agree to waive any overtime resulting from attendance of any training day scheduled for eight (8) hours or more on a scheduled work day provided that the affected employee is relieved of all police duties as follows: a. If the scheduled training day is scheduled for eight (8) hours or more, the hours of training shall constitute an entire workday, regardless of the employee's hours of d uty. b. Employees assigned to graveyard patrol (3A or 313) shall be relieved of duty the shift preceding the day of training, if the training is scheduled for eight (8) hours or more. 4.8.2. Training Trade Days. Employees will be compensated at time and one half for all training, whether they are the trainee or the trainer, approved, scheduled, and attended on a day off or consecutive days off with the following exception: Employees assigned to the Special Weapons and Tactics (SWAT), Hostage Negotiations Team), and Civil Disturbance Unit (CDU) agree to shift adjust (or "training trade days") with at least thirty (30) days notice for all department training associated with the three assignments. If staffing does not allow for training trade days, then the Employer shall either deny the training, or compensate the employee Page 21 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 at the overtime rate. Training trade days not associated with these three (3) assignments must be mutually agreed upon and completed within the FLSA work period. 4.8.3. Training Requiring Overnight Accommodations. Employees who attend training that requires overnight accommodations shall adjust their work schedule at the straight time rate for all travel and lodging time associated with the training with a maximum of eight (8), ten (10), or twelve (12) hours per day, depending on the employee's work schedule, provided they are traveling during a regularly scheduled work day, or if on a day off the training was specifically required by the Employer. For employees on a day off where training was voluntary, no compensation will be paid for travel and lodging time. 4.8.4. Per diem. Members shall receive per diem in accordance with City Policy 210-01. 4.9. Overtime. When the Police Department Administration and the Guild agree to a regularly scheduled shift, the payment of overtime compensation will commence with the hours worked by those affected employees in excess of that mutually agreed upon shift or schedule. 4.10. Overtime Calculation. In recognition of FLSA guidelines, overtime shall be computed on the base pay of the employee and shall include any allowances or premiums as described in Article 6 of this agreement in calculation of the overtime rate. Page 22 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 4.11. In -Service Training Overtime. Employees shall be compensated at the straight time rate for up to thirty (30) hours of in-service training regardless of whether training occurs on the employee's scheduled day off. This training is for all commissioned personnel and is developed and administered through the Administrative Services Division. Topics may include firearms, defensive tactics, blood borne and airborne pathogens, legal update or any other topic developed by the department that is administered in a monthly two-hour block of instruction. 4.12. K-9 Teams Overtime. 4.12.1. K-9 officers are on the air driving to and from work and are available for emergency calls. Driving time to and from work is included in their hours of work (15 minutes each way). 4.12.2. Handlers will be paid four (4) hours of overtime per pay period to compensate for bathing, grooming, feeding, cleaning of the dog's kennel, K-9 car, and similar activities performed by the K-9 officers. 4.12.3. K-9 officers will attend briefings on occasion at the beginning of their shift. ARTICLE 5 — SALARIES The Employer agrees to maintain salaries in accordance with the attached Appendix A. Page 23 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 Beginning January 1, 2018, the base salary for Patrol Officer II and Sergeant shall be increased by 6.25% to reflect the additional 109 hours worked in a calendar year (see Appendix A). This Agreement shall be opened for the purpose of negotiating wages, hours, and working conditions for any new classifications of employees not covered within this Agreement. Such salaries shall become effective upon the date the new position is filled. Nothing in this section shall preclude the Employer from establishing such new positions or classifications. There is no guarantee of future corporal assignments. The right to decide whether or not to appoint corporals rests solely with the Chief of Police. ARTICLE 6 — ALLOWANCES AND PREMIUMS 6.1. Clothing Allowance. Beginning January 1, 2019, the following employees shall receive $650.00 per year as clothing allowance: 6.1.1. Employees assigned to Investigations Division 6.1.2. Employees assigned to Special Enforcement Team 6.1.3. Training Officers assigned to Administrative Services Division 6.1.4. Administrative Services Division Sergeants 6.1.5. Traffic Collision Detective assigned to Patrol Services Page 24 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 6.2. Clothing Allowance Usage. The purpose of such allowance is to buy, maintain and repair any equipment or clothing required by the Employer which is not furnished by the Employer. The allowance shall be included with the second paycheck in February of each year. In the event the employee does not serve the entire twelve (12) months for which such payment was made, a pro -rated deduction shall be taken from the employee's final paycheck, with the exception of an employee who retires, or dies, in which event no deduction shall be made. Any employee transferred to or from a non -uniformed assignment after January 1st of any calendar year shall receive a pro -rated clothing allowance for the remainder of said calendar year. 6.3. Uniforms are the Property of the City. It is agreed that all equipment and clothing issued by the City of Renton shall remain the property of the Employer and same shall be returned to the Employer upon termination or retirement. It is further agreed that nothing in this Article shall preclude the Employer from taking any authorized action to maintain the standards of appearance of the Renton Police Department. 6.4. Non -Uniformed Commissioned Employees. Non -uniformed commissioned employees, who are required to wear uniforms for City business, may be provided cleaning services at the sole discretion of the Employer. 6.5. Quartermaster System. A quartermaster system shall be in effect for employees required to wear police uniforms. The Employer will issue a list of required clothing and equipment and a description of the mechanics of the quartermaster system. Page 25 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 Required uniforms and equipment shall be provided to each employee as follows: 6.5.1. Required uniforms and equipment shall be provided without cost to the employee as set forth in Police Department Policy as approved and/or amended by the Chief of Police. 6.5.2. Optional uniforms and equipment may be purchased by the employees at their own expense. 6.5.3. Required and optional uniforms and equipment shall be replaced without cost to the employee when they become unserviceable. 6.6. Uniform Cleaning 6.6.1. The Employer will provide those employees assigned to wear police uniforms with contract cleaning services at the rate of two pants and two shirts per designated work period (e.g. seven day or twelve day), up to a maximum cost per eligible employee of $240. 6.6.2. Commissioned employees who are assigned Plain Clothes assignment shall be authorized to use the cleaning services at the rate of two pants and two shirts (or suits) per designated work period (e.g. seven days), up to a maximum cost per eligible employee of $240. 6.6.3. This is based upon agreement that the cost for uniform cleaning shall not exceed $4,800 per calendar year Page 26 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 divided by the current number of employees assigned to wear police uniforms (as opposed to plainclothes). 6.6.4. The Employer will make every effort to contract with a commercial cleaning establishment for the entire term of this Agreement. However, if no commercial cleaning establishment is willing to bid for a cleaning contract at a rate that is competitive with those establishments willing to bid on an annual basis, the Employer may enter an annual contract for cleaning services. 6.7. Hazardous Duty Pay. Hazardous duty pay in addition to regular pay shall be granted to certain employees in accordance with the following schedule: 6.7.1. Special Weapons and Tactics. Members of SWAT shall be paid at the rate of time and one half with three (3) hours minimum when called to an emergency situation requiring their expertise. 6.7.2. Hostage Negotiations Team. Members assigned to the Hostage Negotiations Team will be paid at the rate of double-time with three (3) hours minimum when called to an emergency situation requiring their expertise. 6.7.3. Civil Disturbance Unit. Members of the CDU shall be paid at the rate of double-time with three (3) hours minimum when called to an emergency situation requiring their expertise. 6.8. Premium Pay. Page 27 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 6.8.1. Premium Pay: In addition to regular pay, premium pay shall be granted to certain employees in accordance with the following schedule: .. Detective 4.0% per month Traffic Assignment 4.0% per month Canine Officer 3.0% per month Corporal Assignment 7.5% per month Training Officer 4.0% per month SWAT Assignment 4.0% per month SRO Assignment: 4.0% per month Field Training Officer 4.0% per month Motorcycles 2.0% per month 6.8.2. 2,189 Hours Shift Assignment: Employees who work 2189 hours in a calendar year shall continue to receive the 6.25% premium (shift assignment premium) through 2017. As of January 1, 2018, the shift assignment premium shall be added to the employee's base pay. 6.8.3. Physical Fitness: Due to calls for service limitations, employees are not allowed to exercise on duty. In recognition of an employee's personal time expended to maintain a level of fitness, the following program shall apply: a. Employees who pass the Department approved physical fitness test shall receive the fitness incentive premium for a period of one year following the successful test. The test is voluntary Page 28 of 82 Police Commissioned Contract AGENDA ITEM #8. 0 2019-2020 and will be offered at least three (3) times each year. The elements of the test shall be recommended by a committee comprised of 2 Administrative Officials and 1 Guild Representative. The Chief has the right to approve or deny the recommendation. b. The testing dates/times shall be posted on or before February 15t of each year. 6.8.4. Physical Fitness Deferred Compensation Contribution. Employees who comply with Section 6.8.3. shall be compensated with 3.0% of base pay in the form of deferred compensation. (Also see Appendix A.2.4.) 6.8.5. Interpreters. Bargaining unit members who pass a City approved examination for interpreters will be compensated at the rate of 3% of base pay per month while certified. Employees who successfully pass the initial examination will be required to recertify annually., The City will determine who is to receive the premium based on the need for the employee's particular language skill. 6.9. New Positions. This Agreement shall be opened for the purpose of negotiating premium or hazardous duty pay for any new position, which is not covered with this Agreement. Such pay to be effective upon the agreement of both parties. Nothing in this Section shall preclude the Employer from establishing such new positions. Page 29 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 6.10. Working Out of Classification. Any employee assigned the duties normally performed by a higher paying classification shall be compensated as follows, providing the higher classified person was regularly assigned during that period. Such employee shall be paid the equivalent of 1/4 hour overtime for each two (2) hours or fraction thereof worked. Such payment shall be at the time and one-half rate. ARTICLE 7 — SICK LEAVE 7.1. Sick Leave. 7.1.1. Sick Leave Accrual Rate. Effective January 1, 2011, Commissioned officers shall accrue sick leave at the rate of ten (10) hours per month. Sick leave benefits under this paragraph shall begin upon employment with the award of three (3) days (30 hours) of sick leave. Upon completion of the third month of employment an addition of three days (30 hours) shall be awarded. At the completion of six (6) full months of employment, the employee shall accrue sick leave at the rate of one (1) day (10 hours) per month. For each day off taken as sick leave, the employee will use the number of hours scheduled to be worked. 7.1.2. Sick Leave Annual Cash Out. At the written request of the employee, due by February 10th, the employer will cash out at the employee's base rate of pay at 50% of all annual sick leave accrued (but not used) over 620 hours. This amount shall be placed into the employee's deferred compensation account, administered by the employer. Page 30 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 Transfer of these funds shall occur at the same time as the second pay check in February is issued. 7.1.3. Sick Leave Payment at Separation. Cash payment for sick leave will not be made upon an employee's, retirement, voluntary separation, or death, except in those instances when the death occurs in the line of duty. 7.1.4. Sick Leave Use. Employees shall be entitled to use sick leave for family medical emergencies or for illness in the immediate family. For the purposes of this section "immediate family" shall include only the employee's children, parents, domestic partner, or family members residing with the employee. Family emergencies shall include the need for an employee to be with his/her spouse or domestic partner and/or family at the time that the employee's spouse or domestic partner is giving birth to a child. 7.2. Bereavement Leave. Full time employees whose immediate family suffers a death shall receive up to three (3) days off with pay to attend to necessary arrangements. A day off is defined as the number of hours scheduled to be worked by the employee (S hours, 10 hours, 12 hours). Immediate family shall consist of spouse, son, daughter, mother, father, brother, sister, mother-in- law, father-in-law, grandmother, grandfather, and/or grandchildren. Paid time off for bereavement leave shall not be considered sick leave. Employees shall be allowed to attend the funeral of current department employees while on duty as long as minimum staffing requirements are met. Page 31 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 7.3. LEOFF II On -the -Job Injury (OJI) Disability Leave Benefit. Disability leave benefits shall be provided to LEOFF II employees in accordance with the laws of the State of Washington when it has been determined that the disability is duty -related. Effective January 1, 2019, all LEOFF II personnel will receive up to six (6) calendar months of full pay and benefits for L & I qualified duty -related disabilities. The maximum period of this benefit will not exceed six (6) calendar months. 7.3.1. The coverage begins the first day or shift of time loss. 7.3.2. The individual with the disability will not be required to use any personal sick leave if the duration of the illness or injury is six (6) calendar months or less. 7.3.3. No Personal Leave can be used during the six (6) calendar month period. 7.3.4. Employees that are released by their physician to work light duty shall inform their supervisor of the release within 24 hours. 7.3.5. This benefit will conclude when any of the following conditions occur: a. The individual is cleared for return to full duty; b. The individual remains on disability and completes their six (6) calendar months; or, Page 32 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 C. During the six (6) months, the Department of L & declares the individual to be `fixed and stable' with a disability that permanently prevents a return to full duty. The intent of this agreement is to make an injured employee financially 'whole' for the duration of the recovery. The total compensation received by an injured employee will not exceed their regular duty compensation. All benefits provided in accordance with the contract will continue to accrue while an individual is using the LEOFF II OJI benefit. Reimbursement Checks from the Third Party Administrator (TPA) sent to an individual must be submitted to the City of Renton within thirty (30) days of receipt by the employee. The employee must endorse the check to the City of Renton. Employees will be reimbursed for all approved L & I travel expenses. 7.4. Light Duty Requirement. Employees who are injured on duty, and are expected to return to full duty, will be assigned to light duty. An employee may be exempted from this light duty requirement if under the advice of his/her physician. Employees who are assigned to patrol, work the Pitman schedule and are placed on light duty, will be required to work a schedule other than Pitman to better utilize their skills in a light duty assignment and will still maintain the 2189 hours in a calendar year. Page 33 of 82 Police Commissioned Contract AGENDA ITEM #8. 0 2019-2020 ARTICLE 8 — HOLIDAYS 8.1. The following days shall be observed as legal holidays: January 1 (New Year's Day) Third Monday in January (Martin Luther King, Jr. Day) Last Monday in May (Memorial Day) July 4 (Independence Day) First Monday in September (Labor Day) November 11 (Veteran's Day) Fourth Thursday in November (Thanksgiving) The Friday following the fourth Thursday in November (Day after Thanksgiving) December 25 (Christmas) The day before Christmas shall be a holiday for City employees when Christmas Day occurs on a Tuesday or Friday. The day after Christmas shall be a holiday for City employees when Christmas day occurs on a Monday, Wednesday, or Thursday. When Christmas Day occurs on a Saturday, the two preceding working days shall be observed as holidays. When Christmas Day occurs on a Sunday, the two working days following shall be observed as holidays. Page 34 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 Any other day proclaimed by executive order and granted to other City employees. 8.2. Any employee who works the following listed holidays shall be paid double his/her rate of pay for hours worked (midnight to midnight). Fourth of July Thanksgiving Day Christmas Day ARTICLE 9 — TUITION REIMBURSEMENT The Employer shall reimburse an employee for the actual cost of tuition and required fees paid by an employee to an accredited college or university, provided that those expenses are incurred: (1) in a course leading to a law enforcement related Associate's/Bachelor's/Master's degree; (2) that the employee has received a grade of "C" or better or "pass" in a pass/fail grading system; (3) that such reimbursement for tuition shall not exceed the prevailing rate for undergraduate tuition established by the University of Washington for quarter system credits and by Washington State University for semester systems credits. Reimbursement for job related course work not leading to a law enforcement related degree will require the employee to submit the course of instruction to the Employer for approval, and obtain approval, prior to attending or prior to incurring a cost. Page 35 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 ARTICLE 10 — EDUCATIONAL INCENTIVE Employees shall be eligible for Associate Degree or Bachelor's Degree minimum pay allowances, as provided in Appendix B of this Agreement, when such employee has obtained an undergraduate degree from an accredited educational institution. For this section completion of 90 quarter or 60 semester credits of college level work is equivalent to eligibility of Associate Degree pay provided such credits are for academic study, and not based upon "life experience". ARTICLE 11— PERSONAL LEAVE 11.1. Accrual of Personal Leave. Personal Leave as it pertains to this contract is a combination of holiday and vacation leave. Employees shall accrue paid personal leave time in accordance with the following schedule whenever they are on paid employment status: rv, 9&L Hours/Month Hours/Annual 0 through 5 years 16 192 6 through 10 years 20 240 11 through 15 years 22 264 16 through 20 years 24 288 21 and subsequent years 26 312 Maximum accumulation of personal leave time shall not exceed 528 hours, except when the employee is unable to use personal leave time as a result of illness, disability, or operational Page 36 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 considerations beyond the employee's control. In such event, an employee shall not be penalized for excess accumulation, and the Employer has the option of either allowing excess accumulation or paying the employee for the excess accumulation. Buyback of personal leave accumulation will be allowed during the term of this Agreement, subject to the approval of the Employer (based upon availability of funds) to a maximum of forty-eight (48) hours per year. 11.2. Personal Leave Time. Shall be subject to the following rules: 11.2.1. Temporary or intermittent employees who leave the employment of the Employer and are later reemployed shall, for the purpose of this article, have an adjusted date of actual service effective with the date of reemployment. 11.2.2. For the purpose of this Article, "actual service" shall be determined in the same manner as for salary purposes. 11.2.3. As of January 1, 2018, employees, who are laid off, retired, dismissed, or who resign shall be paid for all accrued but unused personal leave time at the employees' hourly base rate at the time of separation. 11.2.4. In the event of an employee's death while in active service, any accrued but unused personal leave time shall be paid at the base rate to the employee's estate. 11.2.5. An employee granted an extended leave of absence, which includes the next succeeding calendar year, Page 37 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 shall be given proportionate personal leave earned in the current year before being separated from the payroll. 11.2.6. An employee returning from military leave of absence, as defined by law, shall be given a personal leave allowance for the previous calendar year as if he/she had been employed. 11.2.7. In the event that an employee becomes ill or injured while he/she is on personal leave, the day or days that he/she is sick shall be treated as sick rather than personal leave, and he/she will be treated as though he/she were off solely for the reason of his/her illness or injury. The employee shall submit medical documentation of the illness or injury from the attending physician to establish that the employee was incapacitated due to illness or Injury. 11.3. Scheduling and Using Personal Leave Time. The following rules shall govern the scheduling and usage of personal leave time. 11.3.1. The minimum personal leave allowance to be taken by an employee shall be one (1) hour. 11.3.2. Employee shall have the option to designate leave requests as "vacation bids" when the request is for a period of time exceeding seven consecutive calendar days in length (including both requested days off and regularly scheduled days off) and is submitted more than thirty-one (31) days in advance of the requested time off. Page 38 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 11.3.3. The employee's request for time off shall be approved or denied within eight (8) days of notifying their supervisor that the request has been entered into Telestaff. All requests for time off occurring between March 1 and December 31 of any given year and submitted prior to January 14 of that year shall be considered for all purposes (including 11.3.4(a) below) to have been submitted on January 14 of that year. 11.3.4. In the event that multiple employees request the same day(s) off, and the Employer is not able to accommodate all of the requests due to minimum staffing limitations, then the Employer will use the following criteria, in order, to determine who is granted the leave time: a. Requests submitted on an earlier date shall have precedence over those submitted later. b. If the requests are submitted on the same effective date, then vacation bids shall have precedence over requests that are not vacation bids; C. When the requests are otherwise equal, then the request from the employee with more seniority shall have precedence. Seniority shall be determined according to Article 3. 11.3.5. The Employer and the Guild acknowledge that the Employer has a legitimate interest in maintaining proper staffing levels for public safety purposes, and that employees have a legitimate interest in taking their time off Page 39 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 at times convenient to them. The Employer shall have the right to set different short-term minimum staffing levels in all work units for special events. Special events are city festivals and unusual occurrences where additional law enforcement staffing for maintaining order is required. The Employer will notify the employees by January 1 each year of changes to the long-term minimum staffing levels. 11.4. Cancellation of Scheduled Leave. The Employer will make reasonable effort to avoid cancellation of approved employee leave time, and to notify employees as soon as possible after the decision to cancel. In the event that the Employer cancels the approved leave time of an employee, the following rules shall apply. 11.4.1. If the employee's request was submitted more than thirty-one (31) days in advance of the scheduled leave, and approved, the Employer may cancel that time off without penalty if at least thirty (30) days notice is given prior to the scheduled leave. 11.4.2. If the employee's request was submitted less than thirty (30) days in advance, but more than nine (9) days, and approved, the Employer may cancel the time off without penalty if at least eight (8) days notice is given. 11.4.3. If the request is submitted with eight (8) days' notice or less, and approved, the Employer may cancel the time off at any time without penalty. Page 40 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 11.4.4. The Employer agrees not to cancel an approved vacation bid except in the event of an extreme emergency condition. 11.4.5. For purposes of this section, "penalty" shall refer to the overtime pay provisions of Article 4. 11.5. Personal Leave Hours Used. The number of leave hours used for each day off shall be calculated based upon the number of hours in the employee's work day. Employees assigned to a twelve (12) hour schedule shall use twelve (12) hours of personal leave for each day off. Employees assigned to a ten (10) hour schedule shall use ten (10) hours of personal leave for each day off. ARTICLE 12 — LONGEVITY 12.1. Premium Pay. Employees shall receive premium pay for longevity in accordance with Appendix B of this Agreement. 12.2. Longevity Allowance. Longevity allowances shall be payable on the first payday following the anniversary of the employee. 12.3. Determination of Longevity. Longevity will be based on the employee's last date of hire in the bargaining unit. A transfer within from one position in the City to another will not constitute a "date of hire". Page 41 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 ARTICLE 13 — PENSIONS Pensions for employees and contributions to pension funds will be governed by applicable Washington State Statutes. ARTICLE 14 — INSURANCES 14.1. Definitions: REHBT: Renton Employees' Healthcare Board of Trustees REHP: Renton Employees' Healthcare Plan Funding Goal: It is the responsibility of the Renton Employees' Healthcare Board of Trustees to establish and maintain fund goals in relationship to the Renton Employees' Healthcare Plan. Plan Member: An eligible Renton employee, along with their dependents, that is covered under the Renton Employees' Healthcare Plan. Premiums: The contributions made to the REHP by both the City and the employees to cover the total cost of purchasing the REHP. Contributions made by employees for co -pays, lab fees, ineligible charges, etc., are not considered premiums for the purpose of this Article. 14.2. Health Insurance. Page 42 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 14.2.1. Participation. The City and the Local/Union/Guild agree to jointly manage the REHP during the term of this agreement. The REHBT is comprised of AFSCME Local 2170; Police Guild; and the City, and will meet at least quarterly to review the REHP including costs associated with the REHP. Medical coverage shall be provided in accord with the laws of the State of Washington, RCW 41.26.150 and federal plans: Patient Protection and Affordable Care Act and the Health Care and Education Affordability Reconciliation Act of 2010. The Local/Union/Guild agrees to continue participation in the REHBT and to identify and support cost containment measures. 14.2.2. Plan Coverage. The City will provide a medical/dental, vision, and prescription drug insurance plan for all eligible employees including all bargaining unit members and their eligible dependents. 14.2.3. Premiums. For the calendar years 2019 through calendar year 2020, the total cost of the plan shall be divided as follows: Year City Employees Page 43 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 Employee premiums will be based upon the following categories: • Employee • Employee/Spouse or Domestic Partner • Employee/Spouse or Domestic Partner/1 • Employee/Spouse or Domestic Partner/2+ • Employee/1 • Employee/2+ 14.2.4. Projected Costs. The plan contributions shall be calculated by the percentage of actual plan cost increase that occurred in the previous year and based on consideration of Actuarial projections. The year in review shall be from July 1st to June 30tn 14.2.5. Alternative Plan Coverage. City contributions for the alternative plan will be at the same cost share percentage as the self -funded plan, capped at the dollar amount contributed for the self -funded plan. 14.2.6. Renton Employees' Healthcare Board of Trustees. The REHBT includes members from each participating Union. Each union will have a maximum of one (1) vote, the Police Guild has two (2) bargaining units but only receives one (1) vote on the REHBT. The City only receives one (1) vote also. If all bargaining units participate, the voting bodies would be as follows: AFSCME — 2170; Police Guild; and the City for a total of three (3) votes. Page 44 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 14.2.7. Plan Changes. The members of the REHBT shall have full authority to make plan design changes without further concurrence from bargaining unit members and the City Council during the life of this agreement. 14.2.8. Voting. Changes in the REHP will be determined by a majority of the votes cast by REHBT members. A tie vote of the REHBT members related to a proposed plan design change will result in continuing the current design. 14.2.9. Surplus. Any surplus in the Medical Plan shall remain available only for use by the Renton Employees' Health Plan Board of Trustees for either improvements in the Plan, future costs, increase offsets, rebates to participants, or reduction in employee contributions. 14.3. Cadillac Tax. If by 2022, the Cadillac Tax required by the Affordable Care Act is still in effect and will require additional funding of the Renton Employees' Healthcare Plan, the parties agree to meet and negotiate changes to the plan in such a way as to address the impacts of the Cadillac Tax. 14.4. Life Insurance. The Employer shall furnish to the employee a group term life insurance policy in the amount of the employee's annual salary including double indemnity. The Employer shall furnish a group term life insurance policy for $1,000 for the employee's spouse and $1,000 for each dependent. Page 45 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 14.5. Federal/State Healthcare Options. In the event of a Federal/State healthcare option, the REHBT shall have the option to review the proposed Federal/State option and take appropriate actions. 14.6. COBRA. When an employee or dependent's health care benefits ceases based on a qualifying event, the employee or dependent shall be offered medical and dental benefits under the provision of Consolidated Omnibus Budget Reconciliation Act (COBRA) for a period of eighteen (18) months. 14.7. LEOFF II Disability Insurance Policy. The Employer shall provide a payroll deduction for each LEOFF II employee who authorizes the Employer to deduct monies from the employee's paycheck to help defray the cost of a Guild designated on -duty disability insurance policy. 14.8. False Arrest and Criminal Defense Coverage. False arrest and criminal defense coverage shall be provided by the Employer for all employees. The Employer shall indemnify and defend any employee against any claim or suit, where such claim or suit arises because such employee performs his/her duty as an employee of the Renton Police Department. The Employer shall pay on behalf of any employee any sums which the employee shall be legally obligated to pay as a result of that employee's reasonable or lawful activities and exercise of authority within the scope of his/her duties and responsibilities as an employee of the Renton Police Department. Indemnity and defense shall not be provided by the Employer for any dishonest, fraudulent, Page 46 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 criminal or malicious act or for any suit brought against the employee by or on behalf of the Employer. 14.9. Department Contracted Extra -duty Employment. All department contracted extra -duty law -enforcement employment as a Renton Police Officer shall be authorized by the Chief of Police or designee prior to such employment. In order to ensure that officers who engage in extra -duty employment as Renton Police Officers, have adequate liability coverage, the City will pay officers so employed at the rates established by the Memorandum of Understanding attached to this collective bargaining agreement in Appendix D. The overtime provisions of this Agreement shall not apply to such employment. Time in excess of one hour shall be paid in pro rata 15-minute segments. The parties agree to make such changes in the wording of this provision as may be required to comply with the FLSA. Any officer working as a Renton Police Officer without the permission of the Department and paid directly by an employer other than the City of Renton shall not have Employer paid liability coverage and shall not be authorized to wear the Renton Police Department uniform. 14.10. Change in Benefits. If for reasons beyond the control of the Employer or Guild a benefit of any one of the provisions agreed to in this Article is abolished, changed, or modified as to reduce the benefit, the Employer agrees to replace it with a like benefit prior to the effective date of the change. In the event a like benefit cannot be obtained by the Employer, the parties will bargain regarding replacement of the benefit and related matters. Page 47 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 14.11. VEBA. One (1) percent of employee's base pay transferred from existing Deferred Compensation Benefit (A.2.3) to fund a City selected and contracted VEBA plan/vendor in mutual agreement between the parties. Funding of the VEBA will occur the first pay period after January 1, 2020 and the City will handle the transfer of funds. ARTICLE 15 —TECHNOLOGY 15.1. In -Car Video. 15.1.1 In -Car Video Reviews. Imagery recorded by the In -Car Video system will not be routinely or randomly reviewed to monitor officer performance. A supervisor may conduct a review of a specific incident on an officer's recorded imagery only when there is an articulable reason justifying such review. Articulable reasons for reviewing an officer's in -car video include, but are not limited to: (1) capturing specific evidence for use in a criminal prosecution, (2) a civil claim has been filed against the City involving the incident, (3) a citizen complaint has been made against an officer regarding the incident, (4) the incident included a use of force, (5) the incident included a vehicle pursuit, (6) the incident included a vehicular collision, or (7) the incident involved a serious injury or death. Notwithstanding the other provisions of this section, Field Training Officers may review the in -car videos of probationary trainees in the Field Training Program. Furthermore, officers involved in lethal force incidents shall be allowed to review any videos Page 48 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 pertaining to the incident that the department utilizes or has access to upon request. 15.1.2. In -Car Video Review Log. Prior to the review, notice of the review must be provided to the subject officer and the Vice President of the Renton Police Guild (Guild) via the appropriate form to their department mailboxes. An in -car video review log will be kept and must be accessible to the president and vice-president of the Renton Police Guild. The log must include the date, time, reviewing supervisor, and an articulable reason for the review. 15.1.3. In -Car Video Evidence. The Department may use recorded imagery as evidence in an official Department investigation provided the imagery is of a specific incident as outlined in Section 15.1. 15.2. Automatic Vehicle Locator (AVL). 15.2.1 AVL Queries. AVL queries will not be routinely or randomly used to monitor officer performance. A supervisor may review AVL data of a specific incident only when there is an articulable reason justifying such review. Articulable reasons for reviewing an officer's AVL data include, but are not limited to: (1) capturing specific evidence for use in a criminal prosecution, (2) a civil claim has been filed against the City involving the incident, (3) a citizen complaint has been made against an officer regarding the incident (4) the incident included a use of force, (5) the incident included a vehicle pursuit, (6) the Page 49 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 incident included a vehicular collision, (7) the incident involved a serious injury or death, or (8) the incident involves officer safety. Notwithstanding the other provisions of this section, Field Training Officers may review AVL data of probationary trainees in the Field Training Program; and any commissioned personnel can advise dispatch to broadcast AVL data when an articulable reason exists (for example, locating an officer for safety purposes). 15.2.2. AVL Review Log. Prior to the review, notice of the review must be provided to the subject officer and the Vice President of the Renton Police Officer' Guild (Guild) via the appropriate form to their department mailboxes. An AVL review log will be kept and must be accessible to the president and vide -president of the Guild. The log must include the date, time, reviewing supervisor, and an articulable reason for the review. 15.2.3. AVL Evidence. The Department may use AVL data as evidence in an official Department investigation providing the data is of a specific incident as outline in Section 15.2. 15.3. Equipment Safety. Any equipment issued that affects officer safety should be documented and forwarded to the Chief of Police through the Chain of Command. The Chief of Police or designee will have five (5) business days to acknowledge receipt of the complaint to the Vice President of the Renton Police Guild. Page 50 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 ARTICLE 16 — BILL OF RIGHTS 16.1. Just Cause Employer Rights. The Employer retains the right to adopt rules for the operation of the Renton Police Department and the conduct of its employees provided that such rules do not conflict with the City Ordinances, City and State Civil Service Rules and Regulations as they exist, or any provision of this Agreement. It is agreed that the Employer has the right to discipline, suspend, or discharge any employee for just cause subject to the provisions of the City Ordinances, City and State Civil Service Rules and Regulations as they exist, and terms of this Agreement. 16.2. Bill of Rights. In an effort to ensure that investigations, as designated by the Chief of Police of the Renton Police Department, are conducted in a manner which is conducive to good order and discipline, the Renton Police Guild shall be entitled to the protection of what shall hereafter be termed as the "Police Officers' Bill of Rights." 16.2.1. The City and the Guild agree that all employees should work in an environment that fosters mutual respect and professionalism. The parties agree that inappropriate behavior in the workplace does not promote the City's business, employee well-being, or productivity. All employees are responsible for contributing to such an environment and are expected to treat others with courtesy and respect. Page 51 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 Inappropriate workplace behavior by employees, supervisors, and/or managers will not be tolerated. If an employee and/or the employee's Guild representative believes the employee has been subjected to inappropriate workplace behavior, the employee and/or the employee's representative is encouraged to report this behavior to the employee's supervisor, a manager in the employee's chain of command, and/or the Human Resources Office. The City will follow the investigatory procedures outlined in City Policy and Procedure 340-02and take appropriate action as necessary. The employee and/or Guild representative will be notified upon conclusion. This section is not subject to the grievance procedure in Article 18, but is subject to the City's complaint process. 16.2.2. If an employee becomes the suspect in an internal that could result in criminal charges, that investigation may be investigated by another agency outside the City of Renton. 16.2.3. Employees will not be under any type of electronic surveillance by any employee of the Renton Police Department without authorization of the Chief of Police or designee. 16.2.4. Any employee who becomes the subject of an internal investigation, or an investigatory interview, shall be advised in writing of the following within three business days of the date of their first interview: Page 52 of 82 Police Commissioned Contract AGENDA ITEM #8. 0 2019-2020 a. General orders violated and the nature of the matter in sufficient detail to reasonably apprise him/her of the matter (unless suspected of committing a criminal offense); b. Misconduct that would be grounds for termination, suspension, or other disciplinary action; and c. That he/she may not be qualified for continued employment with the Department. An "investigatory interview" occurs when a supervisor knows or reasonably should know that they are questioning an employee about something that could result in an economic sanction. 16.2.5. Any employee who becomes the subject of an investigation may have legal counsel or a Guild representative present during all interviews. The interviewer must provide at least three business days for the employee to have legal counsel or have a Guild representative present during the interview. An investigation as used elsewhere in this Article shall be interpreted as any action which could result in a dismissal from the Department or the filing of a criminal charge. 16.2.6. The employee under investigation must, at the time of an interview, be informed of the name of the officer in charge of the investigation and the name of the officer who will be conducting the interview. See LEXIPOL Policy 907. Revisions to Policy 907 will be discussed with the Guild Page 53 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 16.2.7. Employees have Weingarten Rights during all interviews where they reasonably believe they could be subject to discipline. 16.2.8. The employee shall be informed in writing as to whether he/she is a witness or suspect. Should the witness in an investigation become the suspect of an investigation during the investigatory interview, the Employer agrees to stop the interview to allow the employee to obtain Guild Representation. See LEXIPOL Policy 907. Revisions to Policy 907 will be discussed with the Guild 16.2.9. The interview of any employee shall be at a reasonable hour, preferably when the employee is on duty. Whenever possible, interviews shall be scheduled during the normal workday of the Employer. The employee will be required to answer any questions involving non -criminal matters under investigation and will be afforded all rights and privileges to which he/she is entitled under the laws of the State of Washington or the United States. 16.2.10. The employee or Employer may request that a formal investigation interview be recorded. There can be no "off the record" questions. Upon request, the employee under formal investigation shall be provided an exact copy of any written statement he/she has signed. The employee shall be furnished a copy of the completed investigation 72 hours prior to any pre -disciplinary Loudermill hearings. Page 54 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 16.2.11. Interviewing shall be completed within a reasonable time and shall be done under circumstances devoid of intimidation or coercion. In all investigation interviews that may result in discipline, the employee shall be afforded an opportunity and facilities to contact and consult privately with an attorney of his/her own choosing or Guild representative before being interviewed. The employee shall be entitled to such intermissions, as he/she shall request for personal necessities, meals, telephone calls and rest periods. 16.2.12. All interviewing shall be limited in scope to activities, circumstances, or events which pertain to the incident which is the subject of the investigation. Nothing in this section shall prohibit the Employer from questioning the employee about information which is developed during the course of the interview. 16.2.13. The employee will not be threatened with dismissal or other disciplinary punishment as a guise to attempt to obtain his/her resignation, nor shall he/she be subject to abusive or offensive language or intimidation in any other manner. No promises or rewards shall be made as an inducement to answer questions. 16.2.14. Upon the completion of the investigation and upon request, a copy of the entire file shall be provided to the employee. Page 55 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 16.2.15. To balance the interest of the Employer in obtaining a psychological evaluation of an employee to determine the employee's fitness for duty and the interest of the employee in having those examinations being conducted, psychological evaluations will be obtained in the least intrusive manner as possible. To protect the employee's right to privacy, the medical release form agreed upon by the Employer and the Guild shall be signed by the employee prior to the evaluation (see Appendix Q. 16.2.16. No employee shall be required to unwillingly submit to a polygraph test or to unwillingly answer questions for which the employee might otherwise properly invoke the protections of any constitutional amendment against self-incrimination. Nor shall any member be dismissed for or shall any other penalty be imposed upon any employee for his/her failure to submit to a polygraph test. 16.2.17. Should any section, sub -section, paragraph, sentence, clause, or phrase in this Article be declared unconstitutional or invalid, for any reason, such decision shall not affect the validity of the remaining portions of this Article. 16.2.18. Any employee involved in the use of lethal force shall not be formally interviewed immediately following the incident. The policy and procedure outlined in the Unusual Occurrences Manual (Department Response to Line of Duty Page 56 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 Death or Other Critical Incidents) will govern the response to issues regarding use of lethal force. 16.2.19. Investigations of known members by the Renton Police Department shall be completed in a timely manner with a goal of completion within 30 days. 16.2.20. The right for an employee to add commentary during the Loudermill or at the end of the internal investigation process will be maintained. 16.3. Brady Language. A punitive action, or denial of promotion on grounds other than merit, shall not be undertaken by the City against any officer solely because that officer's name has been placed on a Brady list, or that the officer's name may otherwise be subject to disclosure pursuant to Brady. 16.3.1. The provisions of subsection 16.3. shall not prohibit the City from taking punitive action, denying a promotion on grounds other than merit, or taking other personnel action against an officer based on the underlying acts or omissions for which that officer's name was placed on a Brady list, or may otherwise be subject to disclosure pursuant to Brady, if the actions taken by the City otherwise conform to this agreement. 16.3.2. Evidence that an officer's name has been placed on a Brady list, or may otherwise be subject to disclosure pursuant to Brady, shall not be introduced for any purpose in any administrative appeal of a punitive action, except as provided in subsection 16.3.3. Page 57 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 16.3.3. Evidence that an officer's name was placed on a Brady list may only be introduced if, during the administrative appeal of a punitive action against an officer, the underlying act or omission for which that officer's name was placed on a Brady list is proven and the officer is found to be subject to some form of punitive action. If the arbitrator or other administrative appeal tribunal finds or determines that an officer has committed the underlying acts or omissions that will result in a punitive action, denial of a promotion on grounds other than merit, or any other adverse personnel action, and evidence exists that an officer's name has been placed on a Brady list, or may otherwise be subject to disclosure pursuant to Brady, then the evidence shall be introduced for the sole purpose of determining the type or level of punitive action to be imposed. 16.3.4. For purposes of these subsections, "Brady list" means any system, index, list, or other record containing the names of officers whose personnel files are likely to contain evidence of dishonesty or bias, which is maintained. 16.4. Drug And Alcohol Testing. The Employer considers its employees its most valuable asset. The Employer and the Guild share concern for the safety, health and well being of police department members. This community and all City employees have the absolute right to expect persons employed by the Employer will be free from the effects of drugs and alcohol. Page 58 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 16.4.1. Before an employee may be tested for drugs, the Employer shall have individualized reasonable suspicion based on objective facts and reasonable inferences drawn there from, that a particular employee has engaged or is engaged in the use of illegal drugs and/or abuse of legal drugs (including alcohol). 16.4.2. Drug and alcohol* tests shall be performed by a HHS certified laboratory or hospital or clinic certified by the State of Washington to perform such tests. (* Initial alcohol testing may be performed by a Certified Breath Alcohol Technician or any other person approved to operate an Evidential Breath Testing device.) 16.4.2.1. Drug Testing. a. An initial drug screen shall be performed using the Immunoassay (IA) method. b. Any positive results on the initial drug - screening list shall be confirmed through use of Gas Chromatography/Mass Spectrometry. c. The drug panel and cut off standards shall be as defined by 49 CFR Part 40 which sets forth the procedures for drug testing in the Department of Transportation (DOT). d. Confirmed positive drug test results shall be sent to a licensed physician who, as Medical Review Officer (MRO), will review the affected Page 59 of 82 Police Commissioned Contract AGENDA ITEM #8. 0 2019-2020 employee's medical history and other relevant factors to determine if the positive test result should be excused. The MRO will notify the department of the results of his or her review. Negative test results shall be sent to the Employer's drug and alcohol testing administrator who will notify the designated department representative and employee of the test results. 16.4.2.2. Alcohol Testing. Alcohol test results shall be released to the employee and department upon conclusion of the test. For the purpose of determining whether the employee is under the influence of alcohol, test results of .02 or more based upon the results of an Evidential Breath Testing device shall be considered positive. 16.4.2.3. Confirmation of Test Results. a. Employees notified of a positive alcohol test result may request the opportunity to have a blood sample drawn for analysis at either a hospital or certified testing lab as chosen by the Employer. b. Employees notified of a positive drug test may request that the Medical Review Officer send a portion of their first sample to the hospital or HHS certified laboratory of the employee's choice for Page 60 of 82 Police Commissioned Contract AGENDA ITEM #8. 0 2019-2020 testing by gas chromatography/mass spectrometry. c. The cost of employee requested tests are the responsibility of the employee. If the test results are negative, the Employer will reimburse the employee for the cost of the test. ARTICLE 17 — MANAGEMENT RIGHTS 17.1. Recognition. The Guild recognizes the prerogative of the Employer and the Chief of Police to operate and manage Police Department affairs in all respects, in accordance with its responsibilities and the powers of authority which the Employer has not officially abridged, delegated, or modified by this Agreement. 17.2. Rights of Employer. Subject to the provisions of this Agreement, the Employer reserves the right to: 17.2.1. Recruit, assign, transfer, and promote members to the positions within the Department; 17.2.2. Suspend, demote, discharge, or take other disciplinary action against members for just cause; 17.2.3. Relieve members from duties because of lack of work, lack of funds, the occurrence of conditions outside Page 61 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 Department control; or when the continuation of work would be wasteful and unproductive; 17.2.4. Determine methods, means, and personnel necessary for departmental operations; 17.2.5. Control the department budget; 17.2.6. Take whatever actions are necessary in emergencies in order to assure the proper functioning of the Department; 17.2.7. Determine classification, status, and tenure of employees; and 17.2.8. Perform all other functions not limited by this Agreement. ARTICLE 18 —GRIEVANCE PROCEDURE The Employer recognizes the importance and benefit of settling grievances promptly and fairly in the interest of better employee relations and morale. To this end, the following procedure is outlined. Every effort will be made to settle grievances at the lowest level of supervision. Employees will be unimpeded and free from unreasonable restraint or interference and free from coercion, discrimination, or reprisal in lawfully seeking adjudication of their grievance. 18.1. Definitions. Page 62 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 18.1.1. Grievance: Any issue relating to interpretation, application, or enforcement of any provision contained in this Agreement. 18.1.2. Issue: Any dispute, complaint, problem, or question arising with respect to working conditions or employer - employee relations of any nature or kind whatsoever. 18.1.3. Guild Representative: A Guild member designated by the Guild President as a bargaining representative. 18.2. Grievance Procedure. The steps set forth herein shall be followed unless the Chief of Police and the Grievant, Guild, or individual raising the issue agree in any particular case that the procedural steps and/or time limits should be modified. Any agreement to modify the procedural steps and/or time limits shall be in writing. In the event that no provision is made to modify any procedural steps and/or time limits, and either of the parties violates them, the grievance/issue shall be considered settled in favor of the party that is not in default at the time. If any specified participant in the steps below is absent and thus unable to timely participate, such step(s) may be completed by the participant's designee. Step 1 The employee(s) and/or Guild Representative shall submit the grievance/issue in writing to the Division Commander within twenty (20) calendar days from the date that the grievant knew or reasonably should have known of the action precipitating the grievance/issue. The Division Commander shall notify the Employee(s) Page 63 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 and the Guild Representative in writing of his/her decision and the reasons therefore within fifteen (15) calendar days thereafter. Step 2 If the grievant is not satisfied with the decision rendered, he/she shall submit the grievance/issue in writing to the Deputy Chief within fifteen (15) calendar days. If the grievance is initiated by the Guild, it shall be initiated at Step (2) of the grievance process within fifteen (15) calendar days from the date the Guild knew or reasonably should have known of the action precipitating the grievance/issue. The Deputy Chief shall notify the employee(s) and the Guild Representative in writing of his/her decision and the reasons therefore within fifteen (15) calendar days thereafter. Step 3 If the grievant is not satisfied with the decision rendered, he/she shall submit the grievance/issue in writing to the Chief of Police within fifteen (15) calendar days. The Chief of Police shall notify the employee(s) and the Guild Representative in writing of his/her decision and the reasons therefore within fifteen (15) calendar days thereafter. Step 4 If the grievant is not satisfied with the decision rendered, he/she shall submit the grievance/issue in writing to the Mayor within fifteen (15) calendar days. The Mayor shall notify the employee(s) and the Guild Representative in writing of his/her decision and the reasons therefore within fifteen (15) calendar days Page 64 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 thereafter. Consideration of the issue shall conclude at this point. Step 5 If the grievance has not been settled by the Mayor, either party may submit the matter to arbitration. In any case, the matter must be referred to arbitration within ninety (90) days from conclusion of the fifteen (15) day period of consideration by the Mayor. A neutral arbitrator will be selected jointly by both parties. If the parties cannot agree on an arbitrator, they will request a list of arbitrators from the American Arbitration Association (AAA) and alternately strike names, if necessary, to pick an arbitrator. The arbitrator selection process will not exceed ten (10) days. The total cost of the proceedings shall be borne equally by both parties. The arbitrator's award shall be final and binding on both parties, provided, however, that no authority is granted to the arbitrator to modify, amend, or delete any terms of this Agreement. When an employee or the Guild appeals a grievance to arbitration, such appeal shall be made in writing and shall constitute an election of remedies and, to the extent allowed by law, a waiver of any and all rights by the appealing employee or the Guild to litigate or otherwise contest the appealed matter in any court or other available forum. 18.3. Election of Remedies. In the case of disciplinary actions that are appealable to the Civil Service Commission, a non - Page 65 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 probationary employee may file a grievance under the terms of this Agreement alleging that the disciplinary action was not for just cause. If the employee does so, it shall constitute an election of remedies and said employee shall be barred from pursuing the issue in any other forum including, but not limited to, the Civil Service Commission. ARTICLE 19 — PERFORMANCE OF DUTY Nothing in this Agreement shall be construed to give an employee the right to strike, and no employee shall strike or refuse to perform assigned duties to the best of his/her ability. It is further agreed that no employee shall refuse to cross the picket line of any other union during his/her scheduled work shift. The parties recognize and agree to abide by the provisions of RCW 41.56.490. ARTICLE 20 — RETENTION OF BENEFITS Wages, hours, benefits, and working conditions constituting mandatory subjects of bargaining in effect on the effective date of this Agreement shall be maintained unless changed by mutual agreement between the Employer and the governing body of the Guild. An interest arbitrator may also change contract provisions legally before him or her in an interest arbitration. The Employer agrees to notify the Guild in advance of changes or hearings affecting working conditions of any employee covered Page 66 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 by this Agreement, except in emergency situations and provided that the Employer is aware of the changes or hearings. ARTICLE 21— PAY DAYS 21.1. Pay Dates. Employees shall be paid twice each month and any employee who is laid off or terminated shall be paid all monies due on the next following payday. All employees shall be paid on the 10th and 25t" day of each month. If the 10th or 25th day of the month falls on a holiday or weekend period, the employees shall be paid on the last business day prior to that period. 21.2. Online Pay Stubs. Effective upon ratification of this contract the employer shall no longer issue paper stubs to employees. Employees will receive instructions regarding online viewing of their individual pay stubs prior to implementation. 21.3. Direct Deposit. All employees will participate with direct deposit of paychecks. ARTICLE 22 — SAVINGS CLAUSE 22.1. Savings Clause. If any article of this Agreement or any addenda hereto should be held invalid by operation of law or by any tribunal of competent jurisdiction or if compliance with or enforcement of any article should be restrained by such tribunal, the remainder of this Agreement and Addenda shall not be affected thereby, and the parties shall enter, within ten (10) calendar days, into collective bargaining negotiations for the Page 67 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 purpose of arriving at a mutually satisfactory replacement or modification of such Article held invalid. 22.2. Contract/Civil Service. Any conflict between the provisions of this Agreement and current Civil Service Rules and Regulations shall be resolved as set forth herein. It is further understood that (a) to the extent the labor agreement does not address a matter (e.g., discipline, seniority, layoffs, etc.) and Civil Service does, then Civil Service shall prevail; (b) to the extent the labor agreement does address a matter (e.g., discipline, seniority, layoffs, etc.) and Civil Service also does so, the labor agreement shall prevail. The Employer and Guild otherwise retain their statutory rights to bargain changes in Civil Service Rules and Regulations (i.e. changes initiated after the effective date of this agreement) for employees in the bargaining unit. Upon receiving notice of such proposed change(s) from the Civil Service commission, either party may submit a written request to the Mayor (within sixty (60) calendar days after receipt of such notice) and the result of such bargaining shall be made a part of this Agreement. 22.3. Successor Agreement. This Agreement and any and all amendments and modifications hereafter entered into and executed by and between the parties hereto shall be binding and inure to the benefit of the parties' respective successors and assigns and any other governmental entity succeeding to the City of Renton's obligations hereunder. In case of any merger or consolidation by the Employer with another governmental agency, either party shall have the right to Page 68 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 reopen this Agreement for negotiation of any positions affected by the merger or consolidation. 22.4. FLSA Disputes. The Employer shall have the right to bargain any issues arising out of the implementation of the Fair Labor Standards Act (FLSA) including any conflicts that may arise regarding Article20, Retention of Benefits. Statutory provisions for resolution of impasses reached in collective bargaining, and contractual provisions for resolution of grievances arising out of such FLSA issues shall apply. ARTICLE 23 — ENTIRE AGREEMENT 23.1. The Agreement expressed herein in writing constitutes the entire agreement between the parties, and no oral statement shall add up to or supersede any of its provisions. The parties acknowledge that each has had the unlimited right and opportunity to make demands and proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this Agreement. Therefore, except as otherwise provided in this Agreement, the Employer and the Guild for the duration of this Agreement each voluntarily and unqualifiedly agrees to waive the right to oblige the other party to bargain with respect to any subject or matter not specifically referred to or covered in this Agreement. ARTICLE 24 - DURATION OF AGREEMENT Page 69 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 Unless otherwise agreed, this Agreement shall become effective January 1, 2019, and shall remain in force until December 31, 2020. Signed this Renton, Washington. CITY OF RENTON Denis Law, Mayor day of Ed VanValey, Police Chief Ellen Bradley-Mak, HRRM Administrator Kim Gilman, HR Labor Manager Jon Schuldt, Deputy Chief Kevin Keyes, Deputy Chief 2019, at POLICE OFFICERS' GUILD Ralph Hyett III, President Bill Judd, Spokesperson/Member Corey Jacobs, Member Mark Coleman, Member Jim Cline, Attorney Page 70 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 Chad Karlewicz, Commander Kari Roller, Financial Services Manager Brian Sandler, SR HR Analyst ATTEST: Jason Seth, City Clerk APPROVED AS TO LEGAL FORM: Shane Moloney, City Attorney APPENDIX A: SALARIES A.1. — Salary Schedule. A.I.I. Effective January 1, 2019, the base wages for all positions in the bargaining unit shall be increased by 3.75% over the wages in effect December 31, 2018. A.1.2. January 1, 2019, Salary Schedule 2 JU2nth 4 36 48 ts Months Months Police Sergeant•0. Page 71 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 Patrol Officer 1 $5544 $6014 $6487 $6952 $7421 Patrol Officer II $5891 $6390 $6893 $7,387 $7885 A.1.3. Effective January 1, 2020, the base wages for all positions in the bargaining unit shall be increased by 3.5% over the wages in effect December 31, 2019. A.2. Deferred Compensation Contributions. A.2.1. Accreditation Premium. The Employer will deposit one percent (1.0%) of the employee's base wage into the deferred compensation plan for each employee as a premium for accreditation of the police department. A.2.2. In -Service Training. In exchange for thirty (30) hours of in-service training under Article 4 of this Agreement at the prevailing straight time rate, the Employer shall make a contribution equal to one-half percent (0.5%) of the Page 72 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 employee's base wage toward the employee's deferred compensation plan. A.2.3. Deferred Compensation. In exchange for savings realized through modifying the salary scale, effective January 1, 1997, the Employer shall contribute one-half percent (0.5%) of the employee's base wage into the employee's deferred compensation plan. The combined deferred compensation contribution from the above Sections of this Appendix shall be 2.0%. A.2.4. Physical Fitness. Employees who comply with Section 6.8.3 shall be compensated with 3.0% of base pay in the form of deferred compensation, in accordance with Section 6.8.4. Page 73 of 82 Police Commissioned Contract AGENDA ITEM #8. 0 2019-2020 APPENDIX B: EDUCATION/LONGEVITY SCHEDULE Employees shall receive longevity pay according to the following scale: Completion of 5 years — 2% of base wage Completion of 10 years — 4% of base wage Completion of 15 years — 6% of base wage Completion of 20 years — 10% of base wage Completion of 25 years — 12% of base wage Completion of 30 years —14% of base wage Employees shall receive educational pay according to the following scale: AA Degree/90 Credits — 4% of base wage BA Degree/Masters — 6% of base wage Page 74 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 APPENDIX C - MEDICAL RELEASE I, , hereby release Dr. to provide the following medical information to my employer. Psychological or physical fitness to perform all the essential functions of my current job classification; W '^ a If unable to perform all those functions, the duties that I am able w J to perform and which duties I am not able to perform; W If unable to work at this time, when I can reasonably be uexpected to return to work at my regular duties; UJ Any necessary restrictions on my work or duties; Any necessary accommodations which may be required to allow U me to perform the essential functions of my current job X E classification; and Z w a Any recommendation for psychotherapy or other form of a Q therapy, counseling and/or medical treatment. This Release is intended to grant no further access to my confidential medical beyond what is listed above. PATIENT DATE Page 75 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 APPENDIX D: M.O.U. Re: Commissioned Extra Duty Compensation Page 76 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 Memorandum of undaretandir Betureen The My of Renton JCITY) And Renton Pal ice guild 163IJILDj RE: Commissioned Extra-VutyCompensatlon The City of Renton and the Renton Police Offloers C,ulld are parties 0 a tulle€true bargaining agreement (COA). The pef.les agree that the provisions set forth in this M❑ll are m be read as a supplement to the provision$ in #hat CBk speClfically Clause 14,9, In order to ensum that officers that engage in extra-dut¢ employment as Renton Police Officers have adequate liability coverage, Officers will' be pale by the city far extra -duty work at a rate of $62.00 per nour- The new oompen5eticrl rate will be effect Iva on Septembe• 1, Za17, Signets On thls IP day of ?0— , 2017. EI len Bradley -Ma k Human Resources and Risk Management KtVin Mirusevich. Chief Police belrarrmant Ralph Hyett President, Renton Police GUlld Page 77 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 0 accrual of personal leave.......... 36 actual service ........................... 37 alcohol ................................ 59,60 allowance .......... 22, 24, 25, 36, 38 allowances ............................... 42 Appendix A ............................... 73 Appendix B ............................... 76 Appendix C ............................... 77 Appendix D ............................... 78 application ......................... 12,63 arbitration .......................... 65,67 bereavement leave .................. 31 Bill of Rights ............................. 51 buyback .................................... 37 C cancellation of scheduled leave 40 Canine Officer .......................... 28 cash out .................................... 31 cash payment ........................... 18 Cash payment .......................... 31 CCU.................................... 21127 CDU.................................... 21,27 Christmas ........................... 34,35 INDEX Civil Disturbance Unit......... 21,27 civil service ......................... 11, 13 Civil Service ...............5, 51, 66, 68 Civil Service commission........... 68 Civil Service Commission .......... 66 cleaning ........................ 23, 25, 26 clothing allowance .............. 24,25 COBRA...................................... 46 commercial cleaning.................27 compensation for training........ 20 Compensatory Time .................18 Consolidated Omnibus Budget Reconciliation Act..................46 corporal .................................... 24 Corporal Assignment ................ 28 court minimums ........... 17, 18, 19 criminal defense ....................... 46 Hostage Negotiations Team ..... 27 Hostage Negotiations Team ..... 21 A deferred compensation 29, 31, 74 Deferred Compensation - Accreditation Premium .......... 74 Deferred Compensation -Annual Contribution .......................... 74 Page 78 of 82 Police Commissioned Contract AGENDA ITEM #8. 0 2019-2020 Deferred Compensation -In- service Training ..................... 74 deferred compensation -physical fitness.................................... 29 Deferred Compensation -Physical Fitness Contribution .............. 75 department contracted extra - duty law -enforcement employment .......................... 47 dependent .......................... 43,46 dependents .............................. 43 Detective .................................. 28 direct deposit ........................... 68 disability ........................32, 33, 37 disability insurance policy ........ 46 discipline .......................13, 51, 68 discriminate ............................. 13 discrimination .................... 14,63 double indemnity ..................... 46 double time .............................. 17 drug.......................................... 59 drug and alcohol testing........... 59 dues deduction .......................... 6 C early release ............................. 19 education and longevity........... 76 educational incentive ............... 36 election of remedies ................ 66 entire agreement ..................... 69 examination .................. 12, 29, 77 examinations ............................ 56 executive order ........................ 35 extra -duty employment ............ 47 F Fair Labor Standards Act15, 16, 69 Fair Practices Policy..................14 false arrest................................46 Field Training ...................... 28,49 FLSA .........................16, 22, 47, 69 10 graveyard ..................8, 18, 19, 21 grievance.................13, 63, 64, 66 Grievance Procedure................63 grievance procedures ...............14 grievance/issue .................. 64,65 Group Health insurance ............ 44 Guild President ..................... 5,63 Guild representative....... 8, 14, 53 Guild Representative ................63 1:J hazardous duty ......................... 27 hazardous duty pay .................. 29 Hazardous Duty Pay .................. 27 Health Insurance ......................43 holidays .................................... 34 employment practices ................ 9 hours of duty................ 14, 21, 34 Page 79 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 Immunoassay (IA) ..................... 59 Independence Day ................... 34 in-service training .......... 19, 23, 74 inspection of papers ................. 12 insurance plan .......................... 43 insurances ................................ 42 internal investigation ......... 13,53 interpreters .............................. 29 investigation ..................49, 54, 56 Investigations Division .............. 24 issue......................................... 25 Issue......................................... 63 J July4........................................ 34 ICI K-9............................................ 23 L L & I .................................... 32,33 Labor Day ................................. 34 layoffs ....................................... 68 LEOFF II .........................32, 33, 46 lethal force ............................... 57 life insurance ............................ 46 light duty ............................ 32,34 light duty requirement ............. 33 longevity ............................ 42,76 longevity allowances ................ 42 M management rights .................. 61 medical premiums....................31 Medical Review Officer....... 60,61 medical/dental ......................... 43 Memorial Day ...........................34 military leave ............................38 misconduct...............................12 Misconduct ............................... 53 motorcycle officers...................15 M RO......................................... 60 new positions ........................... 24 New Positions ........................... 29 New Year's Day ......................... 34 non-discrimination ...................13 non -supervisory employees ..... 15 non -supervisory regular employees .............................10 [9] OJ I ...................................... 32,33 on-the-job injury ...................... 32 overtime16, 17, 18, 20, 22, 23, 30, 41,47 overtime minimums .................19 Overtime Minimums ................17 Page 80 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 paydays ................................... 67 penalty ............................... 41, 56 pensions ................................... 42 per diem ................................... 22 performance of duty ................ 66 personal leave .................... 32, 36 personal leave time ....... 36, 37, 39 personnel files .......................... 12 Personnel Files ......................... 11 personnel files contents........... 11 personnel reduction ................... 9 physical fitness ......................... 77 Physical Fitness ........................ 28 physical fitness test .................. 29 picket....................................... 66 plain clothes ............................. 26 plan changes ............................ 45 Preamble .................................... 5 premium ........... 22, 29, 42, 44, 74 premium pay ............................ 28 premiums ......................24, 43, 44 prescription .............................. 43 probation ................................. 13 probationary employees .......... 10 promotions ............................... 11 N quartermaster system .............. 25 [:i Recognition and Bargaining Unit 5 REHBT ........................... 42143,45 rehires...................................... 11 REHP................................... 42,45 reinstatement ...........................10 Renton Employees' Health Plan Board of Trustees .................. 45 Renton Employees' Healthcare Board of Trustees ............ 42145 Renton Employees' Healthcare Plan........................................ 42 retention of benefits .......... 67,69 rules and regulations.......... 11,68 Rules and Regulations .............. 51 S salaries ..................................... 23 Salary Schedule ........................ 73 savings clause ...........................68 seniority ..............9, 10, 14, 40, 68 Seniority...................................15 sergeant ............................. 10,24 Sergeant ............................. 73,74 shift assignments ......................14 sick leave ............................ 30,32 SOD.......................................... 15 Special Operations Division ......15 Page 81 of 82 AGENDA ITEM #8. 0 Police Commissioned Contract 2019-2020 Special Weapons and Tactics .. 21, 27 SRO........................................... 28 standby.................................... 20 strike .................................. 65,66 supervisors ............................... 10 supervisory employees ............. 10 suspect ..................................... 54 SWAT.............................21, 27, 28 T Thanksgiving ............................. 34 third party administrator.......... 33 time and one-half ............... 17,30 time off .....................8, 32, 39, 41 Traffic Assignment .................... 28 training....................17, 20, 22, 23 Training Officer ........................ 28 tuition ...................................... 35 tuition reimbursement ............. 35 A uniform cleaning ...................... 26 Union Membership and Dues Deduction ................................ 6 Union officials' time off .............. 8 union security ............................. 6 LTA vacancies..................................11 vacation bids ............................ 39 Veteran's Day ...........................34 vision........................................ 43 vote.......................................... 45 voting....................................... 45 witness..................................... 54 working out of classification ..... 30 working out of classification pay 8 Page 82 of 82 AGENDA ITEM #8. 0 AGREEMENT By and Between CITY OF RENTON and RENTON POLICE GUILD REPRESENTING COMMISSIONED EMPLOYEES January 1, 201 - December 31, 20?048 AGENDA ITEM #8. 0 AGENDA ITEM #8. 0 TABLE OF CONTENTS PREAMBLE..................................................................................... 5 ARTICLE 2 — UNION MEMBERSHIP AND DUES DEDUCTION ..........6 ARTICLE 3 — EMPLOYMENT PRACTICES.......................................10 ARTICLE 4— HOURS OF DUTY......................................................15 ARTICLE 5 — SALARIES..................................................................25 ARTICLE 6 —ALLOWANCES AND PREMIUMS...............................25 ARTICLE 7 — SICK LEAVE............................................................... 31 ARTICLE 8 — HOLIDAYS................................................................35 ARTICLE 9 —TUITION REIMBURSEMENT.....................................37 ARTICLE 10 — EDUCATIONAL INCENTIVE.....................................37 ARTICLE 11— PERSONAL LEAVE ................................................... 38 ARTICLE 12 — LONGEVITY............................................................43 ARTICLE 13 — PENSIONS..............................................................43 ARTICLE 14 — INSURANCES..........................................................43 ARTICLE 15 —TECHNOLOGY ........................................................ 50 ARTICLE 16 — BILL OF RIGHTS......................................................52 ARTICLE 17 — MANAGEMENT RIGHTS.........................................63 17.1. Recognition .....................................................................63 17.2. Rights of Employer..........................................................63 ARTICLE 18 —GRIEVANCE PROCEDURE.......................................64 ARTICLE 19 — PERFORMANCE OF DUTY.......................................68 ARTICLE 20 — RETENTION OF BENEFITS.......................................68 AGENDA ITEM #8. 0 ARTICLE 21— PAY DAYS............................................................... 68 ARTICLE 22 — SAVINGS CLAUSE...................................................69 ARTICLE 23 — ENTIRE AGREEMENT..............................................71 ARTICLE 24 - DURATION OF AGREEMENT...................................71 APPENDIX A: SALARIES................................................................73 APPENDIX 6: EDUCATION/LONGEVITY SCHEDULE ......................76 APPENDIX C— MEDICAL RELEASE................................................77 APPENDIX D: M.O.U. Re: Commissioned Extra Duty Compensation 78 INDEX.......................................................................................... 81 AGENDA ITEM #8. 0 ►A I M The rules contained herein constitute an Agreement between the City of Renton, hereinafter referred to as the Employer, and the Renton Police Guild, hereinafter referred to as the Guild, governing wages, hours, and working conditions for certain members of the Renton Police Department. It is intended this Agreement, achieved through the process of collective bargaining, will serve to maintain good relations between the Employer and the Guild, to promote efficient and courteous service to the public, and to protect the public interest. ARTICLE 1— RECOGNITION AND BARGAINING UNIT 1.1 Union Recognition. The Employer recognizes the Guild as the exclusive representative of all commissioned employees below the Civil Service rank of Commander for the purpose of bargaining with the Employer. A commissioned employee is defined as outlined in RCW 41.56.030 1.2 Union Representation. The Guild President, or any other members of the Guild appointed by the President, shall be recognized by the Employer as the official representatives of the Guild for the purpose of bargaining with the Employer. The Guild recognizes the Employer as the duly elected representative of the people of the City of Renton and agrees to negotiate only with the Employer through the negotiating agent or agents officially designated by the Mayor and City Council to act on its behalf. AGENDA ITEM #8. 0 1.3 Guild Representatives. The number of representatives of the Guild and the Employer at any negotiating session shall be limited to five (5) members each, unless waived by mutual agreement of the parties. The Guild will supply the City with a list of its "Official Representatives" by February 28t" of each year. The Guild reserves the right to modify the list as needed. ARTICLE 2 — UNION MEMBERSHIP AND DUES DEDUCTION 2.1. Membership. The Employer recognizes that members of the Renton Police Department may, at their discretion, become members of the Guild when such membership has been duly approved in accordance with the provisions of the Guild's Constitution and By -Laws. The Guild accepts its responsibility to fairly represent all employees in the bargaining unit regardless of membership status. 2.2. Union Security. Within thirty (30) days of hire or transfer into the bargaining unit, each employee has the choice to attend a one -hour orientation session with a designated Guild representative during working AGENDA ITEM #8. 0 hours. The purpose of the orientation is for the Guild to provide information related to coverage under this CBA and enrollment in Guild membership. The Employer and the Guild agree that employees in positions covered under this Agreement hired on or after its effective date shall, on the thirty-first (31St) day following the beginning of such employment, make an election whether or not to become a member of the Guild in good standing. . - - 'I I MWINIMP WO M Am ._ Mom III A III IA'.VAVW.%VAA. MR 11 '1, A 'TTM22. NMI �aw. wil, _. ------ AGENDA ITEM #8. 0 Police Commissioned Contract 201)6-202u. --- - - - - - ---- -------- -- -- M- -- - - - ---- - - - UPON M. .. .. 2.2.4. Subcontract Work. The Employer agrees it will not subcontract work performed by Guild members to non - Guild personnel without the written agreement of the Guild. As of ratification of this contract, the Guild agrees that pre -employment background investigations may be contracted to outside vendors at the discretion of the Chief. 2.3. Union Officials' Time Off. 2.3.1. Release Time for Guild Business. Official representatives of the bargaining unit shall be given time off with pay to attend meetings with City representatives or to attend Guild meetings, provided five days' notice is given. Representatives assigned to graveyard shift may be released by 2300 hours with supervisor's approval when necessary to attend such meetings. 2.3.2. Release Time for Training and Conferences. Official representatives of the bargaining unit shall be given time off with pay to attend Guild related conferences (not to exceed three working days for a single function). The allowable aggregate of such time off shall not exceed one hundred sixty (160) hours in one calendar year. Provided, that a copy of the agenda of the meeting is submitted to the Chief, at least 14 calendar days prior to the meeting and that the Guild waives the right to working out of classification pay Page 8 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 )6-202 should a replacement be needed to assume the duty of the Guild representative granted time off. 2.3.3. Release Time Restrictions. The Employer retains the right to restrict time off under subsections 2.3.1. and 2.3.2. if an emergency exists or when such time off would unreasonably impact department operations. 2.4. Dues Deduction. Upon written authorization by an employee and approval by the Guild Executive Board, the Employer agrees to deduct from the wages of each employee the sum certified as initiation dues and assessments twice each month as Guild dues, and to forward the sum to the Guild Secretary or Treasurer. If any employee does not have a check coming to him/her or the check is not large enough to satisfy the assessments, no deductions shall be made from the employee for that calendar month. All requests to cancel dues deductions shall be in writing to the Employer and require notification to the Guild by the Employer. Every effort will be made to end the deduction effective on the first payroll, but not later than the second payroll, after the Employer's receipt of the employee's written notice The Guild agrees to indemnify and hold harmless the Employer for any claims, with the exception of those caused by the Employer's negligence, arising out of the Employer's activities to enforce the provisions of this Article. Tne Employer will provide a monthly written report to the Guild transmitted with transfer of deducted dues owed to the Guild ("the transferred amount"). Such report shall indicate: 1) all individuals who had dues withheld as part of the transferred Page 9 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201)6-202U+a amount, and the amount withheld and transmitted on behalf of that individual; 2) a list of all employees who did not have dues withheld as part of the transferred amount; 3) a list of all employees commencing employment since the preceding report; and 4) all employees in the preceding month who requested discontinuance of p-1yroll deduction of dues. ARTICLE 3 — EMPLOYMENT PRACTICES 3.1. Personnel Reduction. Whenever it becomes absolutely necessary through lack of finances or for any other reasonable purpose to reduce the number of employees in the bargaining unit, such reductions shall be carried out based on seniority in accordance with the following: 3.1.1. Seniority. Seniority will be determined by the employees most recent hire date in the bargaining unit. a. In the event of a tie, the determining factor will be placement on the eligibility list. b. Leaves of Absence will not be subtracted from seniority. 3.1.2. Probationary Employees. (First appointment) in reverse order of seniority; the one with the least seniority being laid off first. Page 10 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 i65-2021,z 3.1.3. Non -Supervisory Regular Employees. In reverse order of seniority; the one with the least seniority being laid off fi rst. 3.1.4. Supervisors. In the event it becomes necessary to reduce the number of employees of supervisory rank, the following shall occur: a. Sergeant reduced to Officer — in reverse order of seniority in rank; the one with the least service in the position of Sergeant being reduced in rank first 3.1.5. Reinstatement. Employees laid off or reduced in rank shall be recalled to vacant positions in order of their department seniority; a. Non -Supervisory Regular Employees —the employee with the greatest seniority being recalled first. b. Supervisory Employees —The employee with the greatest seniority in rank being reinstated first. c. An employee may be recalled within two years from the date of layoff. 3.1.6. Rehires. In the event a certified employee leaves the service of the Employer due to reduction in force and within the next two years the Employer rehires said former employee into the same classification to which he/she was assigned at the date of reduction, such employee shall be Page 11 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 i65-2021,z placed at the same step in the salary range which he/she occupied at the time of the original reduction. 3.1.7. Re -Entry into the Guild. If, for any reason, a command -level officer of the Department returns to the rank of Sergeant or below, he/she will again become a member of the Guild. Their seniority date will be his/her original date into the bargaining unit and all rules in Section 3.1 shall apply. Their seniority in rank shall be based on the date they re-entered the Guild. 3.2. Vacancies and Promotions. Vacancies shall be filled and promotions made in accordance with the Police Civil Service Rules and Regulations, provided, that nothing in this Agreement shall be construed to require the Employer to fill any vacancy. 3.3. Personnel Files. 3.3.1. Personnel Files Contents. The personnel files are the property of the Employer. The Employer agrees that the contents of the personnel files, including the personal photographs, shall be confidential and shall restrict the use of information in the files to internal use by the Police Department. This provision shall not restrict such information from becoming subject to due process by any court, administrative tribunal, or as required by law. Reasonable notice shall be given the employee should the Employer be required to release the personnel file. It is further agreed that information may be released to outside groups subject to the approval of beth the Employer a-R4 Page 12 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201)6-202L-_ the ernpl provided, that nothing in this section shall prevent an employee from viewing his/her original personnel file in its entirety upon request. Nothing shall be added to or deleted from the file unless the employee is furnished a legible copy of the same. "urn r►apeFs sn also be made available to the elected officers e the Guild at the request of the affected mpleyee 3.3.2. Inspection of Papers. The application and examination papers of an employee shall be available for inspection by the appointing authority, the Chief of Police, and affected employee. Employees shall be allowed to review a copy of any adverse documentation before it placed in the file. The employer shall maintain a single personnel file and there shall be no secret files. Materials for the purpose of supervisor evaluations shall be expunged if not made part of the personnel file. Such papers shall also be made available to the employee upon request, and to the elected or appointed officers of the Guild at the request of the affected employee. Written warnings shall be expunged from personnel files (at employee's written request) after a maximum period of two years if there is no reoccurrence of misconduct for which the employee was disciplined during that period. Any record of serious discipline shall be exp u nged-removed from the personnel files after a maximum period of six4w years upon written request by the employee and if there is no reoccurrence of misconduct for which the employee is disciplined during that period. Nothing in this section shall be construed as requiring the Employer to destroy any employment records Page 13 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 )6-202 necessary to the Employer's case if it is engaged in litigation with the employee regarding that employee's employment at the time those records would otherwise be destroyed. The parties recognize that the Employer may retain internal investigation files, including discipline items removed trom personnel files, in compliance with the state records retention schedule and RCW 40.14. althea ugh such files may nobe used in discipline and discharge cases if they could net Qtheinwmse be F tained in ner�Tel files pursuant to this 3.4. Probation. Probation periods for employees newly hired into the bargaining unit shall not exceed 18 months. Probation period for lateral officers shall not exceed 12 months. During this period, employees may be discharged without resort to the Civil Service or grievance procedure for failure to pass probation. Employees who are promoted within the bargaining unit shall serve a promotional probation period, which shall not exceed one year. During that period, employees may be reverted to their former positions without resort to the Civil Service or the grievance procedure for failure to pass probation. 3.5. Non -Discrimination. The Employer and the Guild agree that neither shall unlawfully discriminate against any person because of race, color, religion, national origin, age, gender, marital status, sexual orientation, genetic information, disability status, veteran/military status, and/or any other protected class or characteristic unless based on a bona fide occupational qualification. The Employer agrees not to discriminate against employees because of union membership or lawful union Page 14 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 i65-2021,z activities. It is recognized that employees who feel they have been victims of discrimination shall be entitled to seek relief or redress through the grievance procedures contained in this Agreement or through the City of Renton Fair Practices Policy. ARTICLE 4 — HOURS OF DUTY 4.1. Hours of Duty. The normal schedule for hours of duty for employees in the bargaining unit shall be five (5) consecutive days on followed by two (2) consecutive days off, with the exceptions provided in sections 4.1.1., 4.1.2., and 4.1.3. below. 4.1.1. Patrol Operations Division: Commissioned employees assigned to the Patrol Operations Division shall work a 2-2-3 schedule defined as the Pitman schedule for a total of 2189 hours in a calendar year. For section 7(k) purposes under the Fair Labor Standards Act, the work period (FLSA, 29 U.S.C, 207) (k) shall be twenty-eight (28) days, for a work period of 147 hours. a. Shift assignments shall be made by shift bidding by seniority in rank (i.e. a "fixed watch" system). The Employer shall have the right to override the results of shift bidding for legitimate operating concerns such as personality conflicts, balancing seniority, and teamwork considerations or other reasonable basis. The Department agrees to give the Guild the specific reasons for the override in writing upon the request of the Guild, and to allow a Guild representative to be present in meetings in which the assignments are Page 15 of 85 Police Commissioned Contract AGENDA ITEM #8. 0 201 i65-2021,z discussed and these decisions are made. The division commanders will be available to speak to individual officers who have questions regarding shift assignment and bid overrides. b. Seniority is calculated from the employee's most recent hire date in the bargaining unit. For non - supervisory employees, seniority in rank is the same as seniority. For employees of supervisory rank, seniority in rank is calculated from the supervisor's date of promotion to current rank. Whenever two or more employees are hired/promoted on the same day, seniority and seniority in rank shall be determined by relative position on the hiring/promotional list. 4.1.2. Patrol Services Division: Comprised of Motorcycle Officers and Accident Investigators. Employees assigned to the Patrol Services Division shall work four (4) consecutive ten (10) hour days followed by three (3) consecutive days off (4/10 schedule). 4.1.3. Special Operations Division: Comprised of the Directed Enforcement Team (DET) and the Special Enforcement Team (SET). Employees assigned to the Special Operations Division (SOD) shall work two (2) consecutive ten (10) hour days followed by two (2) consecutive eleven (11) hour days, or some combination thereof for a total of 2189 hours in a calendar year. In accordance with Fair Labor Standards Act requirements, the work period (FLSA 29 U.S.C., 207(k) shall be twenty-eight Page 16 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 Ira-2021,z (28) days for a work period of 147 hours. SET work days will be Tuesday through Friday with the ability to flex days and hours as needed. DET work days will be four (4) consecutive various days between Monday and Saturday with the ability to flex days and hours as needed. 4.1.4. Investigations: Employees assigned to investigations shall work four (4) consecutive, ten (10) hour days followed by three (3) consecutive days off (4/10 schedule). 4.1.5. Administrative Services: Employees assigned to Administrative Services shall work a 9/80 or 4/10 schedule as directed by management. The above work schedules may be changed by mutual agreement between the Guild and the Chief of Police. 4.2. Shift Rotations. The rotation of personnel between shifts and squads shall be minimized within the limitations of providing an adequate and efficient work force at all times. When rotation is necessary, the Employer will notify the affected employees as soon as reasonably possible. Such notifications shall occur no later than fifteen (15) calendar days prior to the personnel rotation, except when such employees are probationary officers, or waive this provision in writing, or when such rotations are needed due to a bona fide law enforcement emergency. 4.3. Overtime. Except as otherwise provided in this Article and when required by the Fair Labor Standards Act, employees shall be paid at the rate of time and one-half for all hours worked in excess of their regular shift. Page 17 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 i65-2021,z 4.3.1. Pitman Patrol Schedule Overtime: Except as otherwise provided in this Article, employees shall be paid at the rate of time and one-half for all hours worked in excess of twelve (12) hours in any twenty-four (24) hour period inclusive of lunch period. 4.3.2. Employees required to work on any regular day off or approved day off shall be paid at the rate of time and one- half for the first day and double time for the second and subsequent consecutive days EXCEPT in the event of an emergency when overtime shall revert to the time and one- half rate. 4.3.3. Overtime, except for training, shall be voluntary, provided that if there are not enough volunteers to meet public safety requirements, overtime shall be mandatory. 4.3.4. Employees may not accumulate less than fifteen (15) minute increments of overtime. 4.4. Overtime Minimums. In the event overtime is not in conjunction with the beginning or end of a regularly scheduled shift, the minimum payment shall be as set forth herein. The rate of pay for minimums shall be time and one-half. However, when Sub -section 4.3.2 applies, the employee may choose either the double time rate for all hours worked or the time and one-half rate for the applicable minimum. Court minimums shall not overlap. 4.4.1. Three (3) hours for any court or related hearing located in Renton. Page 18 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 )6-202 4.4.2. Four (4) hours for any court or related hearing outside the City of Renton. 4.4.3. Four (4) hours for any required court attendance within nine (9) hours of the end of a graveyard shift within the City of Renton and five (5) hours outside the City of Renton. 4.4.4. Two (2) hours for any other unspecified overtime including in -person meetings with the prosecutor's office or defense counsel. 4.4.5. Eight (8) hours court minimum when an employee is required to appear one or more times in court on any given day, and all the employee's court responsibilities for that day have not been completed within five hours after the employee's first court appearance on that day. employee4.4.6. Three (3) hours when an •--- te the is requested to report for duty as a result of an investigation call out. To be eligible, the employee must have been off - duty for at least one (1) hour preceding the call back. 4.5. Compensatory Time. The Employer shall pay all authorized overtime requests on a cash basis, provided that employees shall be allowed to elect compensatory time in lieu of overtime cash payment up to a maximum accrual of eighty (80) hours. Nothing in this section shall be construed as to prohibit the employee his/her option of requesting compensatory time off in lieu of paid overtime; provided that the accumulation of such time is Page 19 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 Ira-2021,z approved by the Administration Officer or Officer officially acting in that capacity. In December of each year, the Employer has the option of purchasing all or part of compensatory time accumulated by employees. 4.6. Early Release. 4.6.1. Employees working the Pitman schedule who are required to report to work for any reason other than in- service training between two (2) graveyard shifts or following a graveyard shift, shall be relieved from duty at least eight hours prior to having to report to duty without loss of time or overtime minimums. Employees working the Pitman schedule who appear in court five (5) hours or more between two graveyard shifts may be relieved from duty until 2300 hours on the night after appearance, without loss of time or court overtime minimums. It is the Employer's desire to not have an employee work more than sixteen (16) hours in a workday. Except in an emergency situation, the employer will make every effort to ensure that employees do not work more than sixteen (16) hours in a workday. 4.6.2. Personnel called out for work, other than court, prior to the beginning of their normally scheduled hours, shall be allowed to start their regularly scheduled shift at the time Page 20 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 )6-202 notified of the call out. Work hours spent on the call out will be at the overtime rate. Once the call out is complete or the employee's regular start time arrives, the employee may elect to flex the remainder of their shift pending supervisor approval. Regular or flex shift hours will be paid at the straight time rate. 4.7. Standby nd On -Call 4.7.1. Standby. The Employer and the Guild agree that the use of standby time shall be minimized. Standby assignments shall be for a fixed, predetermined period of time. Employees placed on standby status by a member of the Police Department Command Staff, shall be compensated on the basis of one (1) hour straight time pay for each two (2) hours of standby or fraction thereof. If the employee is actually called to work, standby pay shall cease at that moment and normal overtime rules shall apply. 4.7.1. On -Call. Employees assigned to on -call status shall be subject to on call assignment for a period of one week during which time they shall be required to respond within sixty (60) minutes and be available by telephone at all times. For the week that employees assigned the on -call status shall receive five (5) hours compensation at the overtime rate of time and one-half-. The respective Division Commanders shall individually determine which employees shall be subject to on -call status provided that not less than five (5) employees shall be on -call each week. The following assignments are subject to being on -call: Detectives, SET and Traffic. Page 21 of 85 Police Commissioned Contract AGENDA ITEM #8. 0 201 ib-2021,z 4.8. Compensation for Training. The Employer shall have a reasonable obligation to attempt to schedule training during the employee's regular shift. 4.8.1. Training on a Scheduled Work Day, Not Requiring Overnight Accommodations. The employees agree to waive any overtime resulting from attendance at any training school or session of less than eight (8) hours on a scheduled work day, and to adjust work schedules on an hour for hour basis. The employees agree to waive any overtime resulting from attendance of any training day scheduled for eight (8) hours or more on a scheduled work day provided that the affected employee is relieved of all police duties as follows: a. If the scheduled training day is scheduled for eight (8) hours or more, the hours of training shall constitute an entire workday, regardless of the employee's hours of duty. b. Employees assigned to graveyard patrol (3A or 36) shall be relieved of duty the shift preceding the day of training, if the training is scheduled for eight (8) hours or more. 4.8.2. Training Trade Days. Employees will be compensated at time and one half for all training, whether they are the trainee or the trainer, approved, scheduled, and attended on a day off or consecutive days off with the following exception: Page 22 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 )b-2021,z Employees assigned to the Special Weapons and Tactics (SWAT), CHSic Cam nleatlens Un Hostage ivegotiations Team{' ), and Civil Disturbance Unit (CDU) agree to shift adjust (or "training trade days") with at least thirty (30) days notice for all department training associated with the three assignments. If staffing does not allow for training trade days, then the Employer shall either deny the training, or compensate the employee at the overtime rate. Training trade days not associated with these three (3) assignments must be mutually agreed upon and completed within the FLSA work period. 4.8.3. Training Requiring Overnight Accommodations. Employees who attend training that requires overnight accommodations shall adjust their work schedule at the straight time rate for all travel and lodging time associated with the training with a maximum of eight (8), ten (10), or twelve (12) hours per day, depending on the employee's work schedule, provided they are traveling during a regularly scheduled work day, or if on a day off the training was specifically required by the Employer. For employees on a day off where training was voluntary, no compensation will be paid for travel and lodging time. 4.8.4. Per diem. Members shall receive per diem in accordance with City Policy 210-01. 4.9. Overtime. When the Police Department Administration and the Guild agree to a regularly scheduled shift, the payment of overtime compensation will commence with the hours worked Page 23 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 Ira-2021,z by those affected employees in excess of that mutually agreed upon shift or schedule. 4.10. Overtime Calculation. In recognition of FLSA guidelines, overtime shall be computed on the base pay of the employee and shall include any allowances or premiums as described in Article 6 of this agreement in calculation of the overtime rate. 4.11. In -Service Training Overtime. Employees shall be compensated at the straight time rate for up to thirty (30) hours of in-service training regardless of whether training occurs on the employee's scheduled day off. This training is for all commissioned personnel and is developed and administered through the Administrative Services Division. Topics may include firearms, defensive tactics, blood borne and airborne pathogens, legal update or any other topic developed by the department that is administered in a monthly two-hour block of instruction. 4.12. K-9 Teams Overtime. 4.12.1. K-9 officers are on the air driving to and from work and are available for emergency calls. Driving time to and from work is included in their hours of work (15 minutes each way). 4.12.2. Handlers will be paid four (4) hours of overtime per pay period to compensate for bathing, grooming, feeding, cleaning of the dog's kennel, K-9 car, and similar activities performed by the K-9 officers. Page 24 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 Ira-2021,z 4.12.3. K-9 officers will attend briefings on occasion at the beginning of their shift. ARTICLE 5 — SALARIES The Employer agrees to maintain salaries in accordance with the attached Appendix A. Beginning January 1, 2018, the base salary for Patrol Officer II ana 5ergeaw shall be increased by 6.25% to reflect the additional 109 hours worked in a calendar year (see Appendix A). This Agreement shall be opened for the purpose of negotiating wages, hours, and working conditions for any new classifications of employees not covered within this Agreement. Such salaries shall become effective upon the date the new position is filled. Nothing in this section shall preclude the Employer from establishing such new positions or classifications. There is no guarantee of future corporal assignments. The right to decide whether or not to appoint corporals rests solely with the Chief of Police. ARTICLE 6 — ALLOWANCES AND PREMIUMS 6.1. Clothing Allowance. Beginning January 1, 2019_, the following employees shall receive $ 50.00 per year as clothing allowance: 6.1.1. Employees assigned to Investigations Division 6.1.2. Employees assigned to Special Enforcement Team Page 25 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 ib-2021,z 6.1.3. Training Officers assigned to Administrative Services Division 6.1.4. Administrative Services Division Sergeants 6.1.5. Traffic ",-endent Collision Detective assigned to Patrol Services 6.2. Clothing Allowance Usage. The purpose of such allowance is to buy, maintain and repair any equipment or clothing required by the Employer which is not furnished by the Employer. The allowance shall be included with the second paycheck in February of each year. In the event the employee does not serve the entire twelve (12) months for which such payment was made, a pro -rated deduction shall be taken from the employee's final paycheck, with the exception of an employee who retires, or dies, in which event no deduction shall be made. Any employee transferred to or from a non -uniformed assignment after January 1st of any calendar year shall receive a pro -rated clothing allowance for the remainder of said calendar year. 6.3. Uniforms are the Property of the City. It is agreed that all equipment and clothing issued by the City of Renton shall remain the property of the Employer and same shall be returned to the Employer upon termination or retirement. It is further agreed that nothing in this Article shall preclude the Employer from taking any authorized action to maintain the standards of appearance of the Renton Police Department. 6.4. Non -Uniformed Commissioned Employees. Non -uniformed commissioned employees, who are required to wear uniforms for Page 26 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 Ira-2021,z City business, may be provided cleaning services at the sole discretion of the Employer. 6.5. Quartermaster System. A quartermaster system shall be in effect for employees required to wear police uniforms. The Employer will issue a list of required clothing and equipment and a description of the mechanics of the quartermaster system. Required uniforms and equipment shall be provided to each employee as follows: 6.5.1. Required uniforms and equipment shall be provided without cost to the employee as set forth in Police Department Policy as approved and/or amended by the Chief of Police. 6.5.2. Optional uniforms and equipment may be purchased by the employees at their own expense. 6.5.3. Required and optional uniforms and equipment shall be replaced without cost to the employee when they become unserviceable. 6.6. Uniform Cleaning 6.6.1. The Employer will provide those employees assigned to wear police uniforms with contract cleaning services at the rate of two pants and two shirts per designated work period (e.g. seven day or twelve day), up to a maximum cost per eligible employee of $240. Page 27 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 )6-2021,z 6.6.2. Commissioned employees who are assigned Plain Clothes assignment shall be authorized to use the cleaning services at the rate of two pants and two shirts (or suits) per designated work period (e.g. seven days), up to a maximum cost per eligible employee of $240. 6.6.3. This is based upon agreement that the cost for uniform cleaning shall not exceed $4,800 per calendar year divided by the current number of employees assigned to wear police uniforms (as opposed to plainclothes). 6.6.4. The Employer will make every effort to contract with a commercial cleaning establishment for the entire term of this Agreement. However, if no commercial cleaning establishment is willing to bid for a cleaning contract at a rate that is competitive with those establishments willing to bid on an annual basis, the Employer may enter an annual contract for cleaning services. 6.7. Hazardous Duty Pay. Hazardous duty pay in addition to regular pay shall be granted to certain employees in accordance with the following schedule: 6.7.1. Special Weapons and Tactics. Members of SWAT shall be paid at the rate of time and one half with three (3) hours minimum when called to an emergency situation requiring their expertise. 6.7.2. r..c^,c- Ca -toan I no+Hostage Negotiations Team. Members assigned to the GFisis r^i^�+ & UPAHostar,c: imegotiations i earn will be paid at the rate of Page 28 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 i65-2021,z double-time with three (3) hours minimum when called to an emergency situation requiring their expertise. 6.7.3. Civil Disturbance Unit. Members of the CDU shall be paid at the rate of double-time with three (3) hours minimum when called to an emergency situation requiring their expertise. 6.8. Premium Pay. 6.8.1. Premium Pay: In addition to regular pay, premium pay shall be granted to certain employees in accordance with the following schedule: Employee_T AWillill Detective 4.0% per month Traffic Assignment 4.0% per month Canine Officer 3.0% per month Corporal Assignment 7.5% per month Training Officer 4.0% per month SWAT Assignment 4.0% per month SRO Assignment: 4.0% per month Field Training Officer 4.0% per month Motorcycles 2.0% per month 6.8.2. 2,189 Hours Shift Assignment: Employees who work 2189 hours in a calendar year shall continue to receive the 6.25% premium (shift assignment premium) through 2017. As of January 1, 2018, the shift assignment premium shall be added to the employee's base pay. Page 29 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 )6-202 6.8.3. Physical Fitness: Due to calls for service limitations, employees are not allowed to exercise on duty. In recognition of an employee's personal time expended to maintain a level of fitness, the following program shall apply: a. Employees who pass the entity ievt4gD partment approved physical fitness test shall receive the fitness incentive premium for a period of one year following the successful test. The test is voluntary and will be offered at least three (3) times each year. The elements of the test shall be CLurnmended by a committee Comarised of 2 Administrative Officials and 1 Guild Representative. The Chief has the right to approve or deny the recommendation. b. The testing dates/times shall be posted on or before February 15t of each year. 6.8.4. Physical Fitness Deferred Compensation Contribution. Employees who comply with Section 6.8.3. shall be compensated with 3.0% of base pay in the form of deferred compensation. (Also see Appendix A.2.4.) 6.8.5. Interpreters. Bargaining unit members who pass a City approved examination for interpreters will be compensated at the rate of 3% of base pay per month while certified. Employees who successfully pass the initial examination will be required to recertify annually. The a d Union agree no more than six (6) certified Page 30 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 )b-2020-18 time. Should there be more than six (6) employees --he City will determine who is to receive the premium based o --the need for the employee's •. .•- - 6.9. New Positions. This Agreement shall be opened for the purpose of negotiating premium or hazardous duty pay for any new position, which is not covered with this Agreement. Such pay to be effective upon the agreement of both parties. Nothing in this Section shall preclude the Employer from establishing such new positions. 6.10. Working Out of Classification. Any employee assigned the duties normally performed by a higher paying classification shall be compensated as follows, providing the higher classified person was regularly assigned during that period. Such employee shall be paid the equivalent of 1/4 hour overtime for each two (2) hours or fraction thereof worked. Such payment shall be at the time and one-half rate. ARTICLE 7 — SICK LEAVE 7.1. Sick Leave. 7.1.1. Sick Leave Accrual Rate. Effective January 1, 2011, Commissioned officers shall accrue sick leave at the rate of ten (10) hours per month. benefits under this paragraph shall begin upon employme AGENDA ITEM #8. 0 Police Commissioned Contract 201 i65-2021,z with the award of three (3) days (30 hours) of sick leave. Upon completion of the third month of employment an addition of three days (30 hours) shall be awarded. At the completion of six (6) full months of employment, the employee shall accrue sick leave at the rate of one (1) day (10 hours) per month. For each day off taken as sick leave, the employee will use the number of hours scheduled to be worked. 7.1.2. Sick Leave Annual Cash Out. At the written request of the employee, due by February 10th, the employer will cash out at the employee's base rate of pay at 50% of all annual sick leave accrued (but not used) over 620 hours. This amount shall be placed into the employee's deferred compensation account, administered by the employer. Transfer of these funds shall occur at the same time as the second pay check in February is issued. 7.1.3. Sick Leave Payment at Separation. Cash payment for sick leave will not be made upon an employee's, retirement, voluntary separation, or death, except in those instances when the death occurs in the line of duty. 7.1.4. Sick Leave Use. Employees shall be entitled to use sick leave for family medical emergencies or for illness in the immediate family. For the purposes of this section "immediate family" shall include only the employee's children, parents, domestic partner, or family members residing with the employee. Family emergencies shall include the need for an employee to be with his/her spouse Page 32 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 Ira-2021,z or domestic partner and/or family at the time that the employee's spouse or domestic partner is giving birth to a child. 7.2. Bereavement Leave. Full time employees whose immediate family suffers a death shall receive up to three (3) days off with pay to attend to necessary arrangements. A day off is defined as the number of hours scheduled to be worked by the employee (8 hours, 10 hours, 12 hours). Immediate family shall consist of spouse, son, daughter, mother, father, brother, sister, mother-in- law, father-in-law, grandmother, grandfather, and/or grandchildren. Paid time off for bereavement leave shall not be considered sick leave. Employees shall be allowed to attend the funeral of current department employees while on duty as long as minimum staffing requirements are met. 7.3. LEOFF II On -the -Job Injury (OJI) Disability Leave Benefit. Disability leave benefits shall be provided to LEOFF II employees in accordance with the laws of the State of Washington when it has been determined that the disability is duty -related. Effective January 1, 2019-1, all LEOFF II personnel will receive up to six (6) ^,nsec ti - - calendar months of full pay and benefits for L & I qualified duty -related disabilities. The maximum period of this benefit will not exceed six (6) :onsecutM calendar months. 7.3.1. The coverage begins the first day or shift of time loss. 7.3.2. The individual with the disability will not be required to use any personal sick leave if the duration of the illness or injury is six (6) czrwV_e_caIendar months or less. Page 33 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 )6-202 7.3.3. No Personal Leave can be used during the six (6) EeFisecui�lve calendar month period. Employeesreleased by physician to • duty shall inform•- • of extendwithin 24 hours. Any light duty perfarmeel clur ng the per E)d ef disability will net the peFied ef consecutive calendar months. the 7.3.5. This benefit will conclude when any of the following conditions occur: a. The individual is cleared for return to full duty; b. The individual remains on disability and completes their six (6) ensecuEpvt calendar months; or, C. During the six (6) ensec, �months, the Department of L & I declares the individual to be `fixed and stable' with a disability that permanently prevents a return to full duty. The intent of this agreement is to make an injured employee financially `whole' for the duration of the recovery. The total compensation received by an injured employee will not exceed their regular duty compensation. All benefits provided in accordance with the contract will continue to accrue while an individual is using the LEOFF II OJI benefit. Page 34 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 )6-202 Reimbursement Checks from the Third Party Administrator (TPA) sent to an individual must be submitted to the City of Renton within thirty (30) days of receipt by the employee. The employee must endorse the check to the City of Renton. Employees will be reimbursed for all approved L & I travel expenses. 7.4. Light Duty Requirement. Employees who are injured on duty, and are expected to return to full duty, will be assigned to light duty. An employee may be exempted from this light duty requirement if under the advice of his/her physician. Employees who are assigned to patrol, work the Pitman schedule and are placed on light duty, will be required to work a schedule other than Pitman to better utilize their skills in a light duty assignment and will still maintain the 2189 hours in a calendar year. ARTICLE 8 — HOLIDAYS 8.1. The following days shall be observed as legal holidays: January 1 (New Year's Day) Third Monday in January (Martin Luther King, Jr. Day) Last Monday in May (Memorial Day) July 4 (Independence Day) First Monday in September (Labor Day) November 11 (Veteran's Day) Page 35 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 Ira-2021,z Fourth Thursday in November (Thanksgiving) The Friday following the fourth Thursday in November (Day after Thanksgiving) December 25 (Christmas) The day before Christmas shall be a holiday for City employees when Christmas Day occurs on a Tuesday or Friday. The day after Christmas shall be a holiday for City employees when Christmas day occurs on a Monday, Wednesday, or Thursday. When Christmas Day occurs on a Saturday, the two preceding working days shall be observed as holidays. When Christmas Day occurs on a Sunday, the two working days following shall be observed as holidays. Any other day proclaimed by executive order and granted to other City employees. 8.2. Any employee who works the following listed holidays shall be paid double his/her rate of pay for hours worked (midnight to midnight). Fourth of July Thanksgiving Day Christmas Day Page 36 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 Ira-2021,z ARTICLE 9 — TUITION REIMBURSEMENT The Employer shall reimburse an employee for the actual cost of tuition and required fees paid by an employee to an accredited college or university, provided that those expenses are incurred: (1) in a course leading to a law enforcement related Associate's/Bachelor's/Master's degree; (2) that the employee has received a grade of "C" or better or "pass" in a pass/fail grading system; (3) that such reimbursement for tuition shall not exceed the prevailing rate for undergraduate tuition established by the University of Washington for quarter system credits and by Washington State University for semester systems credits. Reimbursement for job related course work not leading to a law enforcement related degree will require the employee to submit the course of instruction to the Employer for approval, and obtain approval, prior to attending or prior to incurring a cost. ARTICLE 10 — EDUCATIONAL INCENTIVE Employees shall be eligible for Associate Degree or Bachelor's Degree minimum pay allowances, as provided in Appendix B of this Agreement, when such employee has obtained an undergraduate degree from an accredited educational institution. For this section completion of 90 quarter or 60 semester credits of college level work is equivalent to eligibility of Associate Degree pay provided such credits are for academic study, and not based upon "life experience". Page 37 of 85 Police Commissioned Contract AGENDA ITEM #8. 0 201 )b-2021,z ARTICLE 11— PERSONAL LEAVE 11.1. Accrual of Personal Leave. Personal Leave as it pertains to this contract is a combination of holiday and vacation leave. Employees shall accrue paid personal leave time in accordance with the following schedule whenever they are on paid employment status: MURIN 0 through 5 years 16 192 6 through 10 years 20 240 11 through 15 years 22 264 16 through 20 years 24 288 21 and subsequent years 26 312 Maximum accumulation of personal leave time shall not exceed 528 hours, except when the employee is unable to use personal leave time as a result of illness, disability, or operational considerations beyond the employee's control. In such event, an employee shall not be penalized for excess accumulation, and the Employer has the option of either allowing excess accumulation or paying the employee for the excess accumulation. Buyback of personal leave accumulation will be allowed during the term of this Agreement, subject to the approval of the Employer (based upon availability of funds) to a maximum of forty-eight (48) hours per year. 11.2. Personal Leave Time. Shall be subject to the following rules: Page 38 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 i65-2021,E 11.2.1. Temporary or intermittent employees who leave the employment of the Employer and are later reemployed shall, for the purpose of this article, have an adjusted date of actual service effective with the date of reemployment. 11.2.2. For the purpose of this Article, "actual service" shall be determined in the same manner as for salary purposes. 11.2.3. As of January 1, 2018, employees, who are laid off, retired, dismissed, or who resign shall be paid for all accrued but unused personal leave time at the employees' hourly base rate at the time of separation. 11.2.4. In the event of an employee's death while in active service, any accrued but unused personal leave time shall be paid at the base rate to the employee's estate. 11.2.5. An employee granted an extended leave of absence, which includes the next succeeding calendar year, shall be given proportionate personal leave earned in the current year before being separated from the payroll. 11.2.6. An employee returning from military leave of absence, as defined by law, shall be given a personal leave allowance for the previous calendar year as if he/she had been employed. 11.2.7. In the event that an employee becomes ill or injured while he/she is on personal leave, the day or days that he/she is sick shall be treated as sick rather than personal leave, and he/she will be treated as though Page 39 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 i65-2021,z he/she were off solely for the reason of his/her illness or injury. The employee shall submit medical documentation of the illness or injury from the attending physician to establish that the employee was incapacitated due to illness or Injury. 11.3. Scheduling and Using Personal Leave Time. The following rules shall govern the scheduling and usage of personal leave time. 11.3.1. The minimum personal leave allowance to be taken by an employee shall be one (1) hour. 11.3.2. Employee shall have the option to designate leave requests as "vacation bids" when the request is for a period of time exceeding seven consecutive calendar days in length (including both requested days off and regularly scheduled days off) and is submitted more than thirty-one (31) days in advance of the requested time off. 11.3.3. The employee's request for time off shall be approved or denied within eight (8) days of notifying their supervisor that the request has been entered into Telestaff. All requests for time off occurring between March 1 and December 31 of any given year and submitted prior to January 14 of that year shall be considered for all purposes (including 11.3.4(a) below) to have been submitted on January 14 of that year. 11.3.4. In the event that multiple employees request the same day(s) off, and the Employer is not able to Page 40 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 i65-2021,z accommodate all of the requests due to minimum staffing limitations, then the Employer will use the following criteria, in order, to determine who is granted the leave time: a. Requests submitted on an earlier date shall have precedence over those submitted later. b. If the requests are submitted on the same effective date, then vacation bids shall have precedence over requests that are not vacation bids; C. When the requests are otherwise equal, then the request from the employee with more seniority shall have precedence. Seniority shall be determined according to Article 3. 11.3.5. The Employer and the Guild acknowledge that the Employer has a legitimate interest in maintaining proper staffing levels for public safety purposes, and that employees have a legitimate interest in taking their time off at times convenient to them. The Employer shall have the right to set different short-term minimum staffing levels in all work units for special events. Special events are city festivals and unusual occurrences where additional law enforcement staffing for maintaining order is required. The Employer will notify the employees by January 1 each year of changes to the long-term minimum staffing levels. 11.4. Cancellation of Scheduled Leave. The Employer will make reasonable effort to avoid cancellation of approved employee leave time, and to notify employees as soon as possible after the Page 41 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 i65-2021,z decision to cancel. In the event that the Employer cancels the approved leave time of an employee, the following rules shall apply. 11.4.1. If the employee's request was submitted more than thirty-one (31) days in advance of the scheduled leave, and approved, the Employer may cancel that time off without penalty if at least thirty (30) days notice is given prior to the scheduled leave. 11.4.2. If the employee's request was submitted less than thirty (30) days in advance, but more than nine (9) days, and approved, the Employer may cancel the time off without penalty if at least eight (8) days notice is given. 11.4.3. If the request is submitted with eight (8) days' notice or less, and approved, the Employer may cancel the time off at any time without penalty. 11.4.4. The Employer agrees not to cancel an approved vacation bid except in the event of an extreme emergency condition. 11.4.5. For purposes of this section, "penalty" shall refer to the overtime pay provisions of Article 4. 11.5. Personal Leave Hours Used. The number of leave hours used for each day off shall be calculated based upon the number of hours in the employee's work day. Employees assigned to a twelve (12) hour schedule shall use twelve (12) hours of personal leave for each day off. Employees assigned to a ten (10) hour Page 42 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 i65-2021,z schedule shall use ten (10) hours of personal leave for each day off. ARTICLE 12 — LONGEVITY 12.1. Premium Pay. Employees shall receive premium pay for longevity in accordance with Appendix B of this Agreement. 12.2. Longevity Allowance. Longevity allowances shall be payable on the first payday following the anniversary of the employee. 12.3. Determination of Longevity. Longevity will be based on the employee's last date of hire in the bargaining unit. A transfer within from one position in the City to another will not constitute a "date of hire". ARTICLE 13 — PENSIONS Pensions for employees and contributions to pension funds will be governed by applicable Washington State Statutes. ARTICLE 14 — INSURANCES 14.1. Definitions: REHBT: Renton Employees' Healthcare Board of Trustees REHP: Renton Employees' Healthcare Plan Funding Goal: It is the responsibility of the Renton Employees' Healthcare Board of Trustees to establish and Page 43 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 Ira-2021,z maintain fund goals in relationship to the Renton Employees' Healthcare Plan. Plan Member: An eligible Renton employee, along with their dependents, that is covered under the Renton Employees' Healthcare Plan. Premiums: The contributions made to the REHP by both the City and the employees to cover the total cost of purchasing the REHP. Contributions made by employees for co -pays, lab fees, ineligible charges, etc., are not considered premiums for the purpose of this Article. 14.2. Health Insurance. 14.2.1. Participation. The City and the Local/Union/Guild agree to jointly manage the REHP during the term of this agreement. The REHBT is comprised of AFSCME Local 2170; Police Guild; and the City, and will meet at least quarterly to review the REHP including costs associated with the REHP. Medical coverage shall be provided in accord with the laws of the State of Washington, RCW 41.26.150 and federal plans: Patient Protection and Affordable Care Act and the Health Care and Education Affordability Reconciliation Act of 2010. The Local/Union/Guild agrees to continue participation in the REHBT and to identify and support cost containment measures. Page 44 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 ib-2021,. 14.2.2. Plan Coverage. The City will provide a medical/dental, vision, and prescription drug insurance plan for all eligible employees including all bargaining unit members and their eligible dependents. 14.2.3. Premiums. For the calendar years 201 through calendar year 2020, the total cost of the plan shall be divided as follows: Year City Employees W • Employee premiums will be based upon the following categories: • Employee • Employee/Spouse or Domestic Partner • Employee/Spouse or Domestic Partner/1 • Employee/Spouse or Domestic Partner/2+ • Employee/1 • Employee/2+ 14.2.4. Projected Costs. The plan contributions shall be calculated by the percentage of actual plan cost increase that occurred in the previous year , iu IJdJCu ul I Page 45 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201)6-202U+a consideration of Actuarial projections. The year in review shall be from July 1st to June 30tn 14.2.5. WFOUP HIternative Plan Coverage. ---- - - - - -- -- - --- -- - L...,Citv, contributions for the alternative plan will be at the same costpercentage contributedas the self -funded plan, capped at the dollar amount for the self-fundedplan. 14.2.6. Renton Employees' Healthcare Board of Trustees. The REHBT includes members from each participating Union. Each union will have a maximum of one (1) vote, the Police Guild has two (2) bargaining units but only receives one (1) vote on the REHBT. The City only receives one (1) vote also. If all bargaining units participate, the voting bodies would be as follows: AFSCME — 2170; Police Guild; and the City for a total of three (3) votes. 14.2.7. Plan Changes. The members of the REHBT shall have full authority to make plan design changes without further concurrence from bargaining unit members and the City Council during the life of this agreement. 14.2.8. Voting. Changes in the REHP will be determined by a majority of the votes cast by REHBT members. A tie vote of the REHBT members related to a proposed plan design change will result in continuing the current design. Page 46 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201)6-202(,fs 14.2.9. Surplus. Any surplus in the Medical Plan shall remain available only for use by the Renton Employees' Health Plan Board of Trustees for either improvements in the Plan, future costs, increase offsets, rebates to participants, or reduction in employee contributions. 14.3. Cadillac Tax. If by 2022wl ly 1, 2, the Cadillac Tax required by the Affordable Care Act is still in effect and will require additional funding of the Renton Employees' Healthcare Plan, the parties agree to meet and negotiate changes to the plan in such a way as to address the impacts of the Cadillac Tax. 14.4. Life Insurance. The Employer shall furnish to the employee a group term life insurance policy in the amount of the employee's annual salary including double indemnity. The Employer shall furnish a group term life insurance policy for $1,000 for the employee's spouse and $1,000 for each dependent. 14.5. Federal/State Healthcare Options. In the event of a Federal/State healthcare option, the REHBT shall have the option to review the proposed Federal/State option and take appropriate actions. 14.6. COBRA. When an employee or dependent's health care benefits ceases based on a qualifying event, the employee or dependent shall be offered medical and dental benefits under the provision of Consolidated Omnibus Budget Reconciliation Act (COBRA) for a period of eighteen (18) months. Page 47 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 ib-2021,z 14.7. LEOFF II Disability Insurance Policy. The Employer shall provide a payroll deduction for each LEOFF II employee who authorizes the Employer to deduct monies from the employee's paycheck to help defray the cost of a Guild designated on -duty disability insurance policy. 14.8. False Arrest and Criminal Defense Coverage. False arrest and criminal defense coverage shall be provided by the Employer for all employees. The Employer shall indemnify and defend any employee against any claim or suit, where such claim or suit arises because such employee performs his/her duty as an employee of the Renton Police Department. The Employer shall pay on behalf of any employee any sums which the employee shall be legally obligated to pay as a result of that employee's reasonable or lawful activities and exercise of authority within the scope of his/her duties and responsibilities as an employee of the Renton Police Department. Indemnity and defense shall not be provided by the Employer for any dishonest, fraudulent, criminal or malicious act or for any suit brought against the employee by or on behalf of the Employer. 14.9. Department Contracted Extra -duty Employment. All department contracted extra -duty law -enforcement employment as a Renton Police Officer shall be authorized by the Chief of Police or designee prior to such employment. In order to ensure that officers who engage in extra -duty employment as Renton Police Officers, have adequate liability coverage, the City will pay officers so employed at the rates established by the Memorandum of Understanding attached to this collective bargaining agreement in Appendix D. The overtime provisions of Page 48 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 )6-202 this Agreement shall not apply to such employment. Time in excess of one hour shall be paid in pro rata 15-minute segments. The parties agree to make such changes in the wording of this provision as may be required to comply with the FLSA. Any officer working as a Renton Police Officer without the permission of the Department and paid directly by an employer other than the City of Renton shall not have Employer paid liability coverage and shall not be authorized to wear the Renton Police Department uniform. 14.10. Change in Benefits. If for reasons beyond the control of the Employer or Guild a benefit of any one of the provisions agreed to in this Article is abolished, changed, or modified as to reduce the benefit, the Employer agrees to replace it with a like benefit prior to the effective date of the change. In the event a like benefit cannot be obtained by the Employer, the parties will bargain regarding replacement of the benefit and related matters. 14.11. T-Fust Fu VEBA. One (1) percent of employee's base pay transferred from existing Deferred Compensation Benefit (A.2.3) to fund a City selected and contracted VEBA plan/vendor in mutual agreement between the parties. Funding of the VEBA will occur the first pay period after January 1, 2020 and the City will handle the transfer of funds.The Renton Police Guild shall have the option d Fing the life of this ceT}ract to direet the City to deduct a fixed r—l—luage 40M the base salaries f0F all classifications ceveFed y the ceTtract and rdi necit such d rdiictie�nto �_ m7TrCdTGay a 1 trct fund established bytheGuild. I Inns thn rnicp r% Page 49 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201)6-202u. M 0 2111111111111111111 IWWA IN M M IIIIIIIIIIE M M Ml� 11111.4 Wil W ow W., I %M� � MN W IN WRI, � I W M.M.- 11111111 11 . . .4 ARTICLE 15 —TECHNOLOGY 15.1. In -Car Video. 15.1.1 In -Car Video Reviews. Imagery recorded by the In -Car Video system will not be routinely or randomly reviewed to monitor officer performance. A supervisor may conduct a review of a specific incident on an officer's recorded imagery only when there is an articulable reason justifying such review. Articulable reasons for reviewing an officer's in -car video include, but are not limited to: (1) capturing specific evidence for use in a criminal prosecution, (2) a civil claim has been filed against the City involving the incident, (3) a citizen complaint has been made against an officer regarding the incident, (4) the incident included a use of force, (5) the incident included a vehicle pursuit, (6) the incident included a vehicular collision, or (7) the incident involved a serious injury or death. Notwithstanding the other provisions of this section, Field Training Officers may review the in -car videos of probationary trainees in the Field Training Program. Furthermore, officers involved in lethal force incidents shall be allowed to review any videos pertaining to the incident that the department utilizes or has access to upon request. Page 50 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 i65-2021,z 15.1.2. In -Car Video Review Log. Prior to the review, notice of the review must be provided to the subject officer and the Vice President of the Renton Police Guild (Guild) via the appropriate form to their department mailboxes. An in -car video review log will be kept and must be accessible to the president and vice-president of the Renton Police Guild. The log must include the date, time, reviewing supervisor, and an articulable reason for the review. 15.1.3. In -Car Video Evidence. The Department may use recorded imagery as evidence in an official Department investigation provided the imagery is of a specific incident as outlined in Section 15.1. 15.2. Automatic Vehicle Locator (AVL). 15.2.1 AVL Queries. AVL queries will not be routinely or randomly used to monitor officer performance. A supervisor may review AVL data of a specific incident only when there is an articulable reason justifying such review. Articulable reasons for reviewing an officer's AVL data include, but are not limited to: (1) capturing specific evidence for use in a criminal prosecution, (2) a civil claim has been filed against the City involving the incident, (3) a citizen complaint has been made against an officer regarding the incident (4) the incident included a use of force, (5) the incident included a vehicle pursuit, (6) the incident included a vehicular collision, (7) the incident involved a serious injury or death, or (8) the incident involves officer safety. Notwithstanding the other Page 51 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 i65-2021,z provisions of this section, Field Training Officers may review AVL data of probationary trainees in the Field Training Program; and any commissioned personnel can advise dispatch to broadcast AVL data when an articulable reason exists (for example, locating an officer for safety purposes). 15.2.2. AVL Review Log. Prior to the review, notice of the review must be provided to the subject officer and the Vice President of the Renton Police Officer' Guild (Guild) via the appropriate form to their department mailboxes. An AVL review log will be kept and must be accessible to the president and vide -president of the Guild. The log must include the date, time, reviewing supervisor, and an articulable reason for the review. 15.2.3. AVL Evidence. The Department may use AVL data as evidence in an official Department investigation providing the data is of a specific incident as outline in Section 15.2. 15.3. Equipment Safety. Any equipment issued that affects officer safety should be documented and forwarded to the Chief of Police through the Chain of Command. The Chief of Police or designee will have five (5) business days to acknowledge receipt of the complaint to the Vice President of the Renton Police Guild. ARTICLE 16 — BILL OF RIGHTS 16.1. Just Cause Employer Rights. The Employer retains the right to adopt rules for the operation of the Renton Police Department and the conduct of its employees provided that such rules do not conflict with the City Ordinances, City and State Civil Service Page 52 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 ib-2021,z Rules and Regulations as they exist, or any provision of this Agreement. It is agreed that the Employer has the right to discipline, suspend, or discharge any employee for just cause subject to the provisions of the City Ordinances, City and State Civil Service Rules and Regulations as they exist, and terms of this Agreement. 16.2. Bill of Rights. In an effort to ensure that investigations, as designated by the Chief of Police of the Renton Police Department, are conducted in a manner which is conducive to good order and discipline, the Renton Police Guild shall be entitled to the protection of what shall hereafter be termed as the "Police Officers' Bill of Rights." 16.2.1. The City and the Guild agree that all employees should work in an environment that fosters mutual respect and professionalism. The parties agree that inappropriate behavior in the workplace does not promote the City's business, employee well-being, or productivity. All employees are responsible for contributing to such an environment and are expected to treat others with courtesy and respect. Inappropriate workplace behavior by employees, supervisors, and/or managers will not be tolerated. If an employee and/or the employee's Guild representative believes the employee has been subjected to inappropriate workplace behavior, the employee and/or the employee's representative is encouraged to report this behavior to the employee's supervisor, a manager in the employee's chain Page 53 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 Ira-2021,z of command, and/or the Human Resources Office. The City will follow the investigatory procedures outlined in City Policy and Procedure 340-02and take appropriate action as necessary. The employee and/or Guild representative will be notified upon conclusion. This section is not subject to the grievance procedure in Article 18, but is subject to the City's complaint process. 16.2.2. If an employee becomes the suspect in an internal that could result in criminal charges, that investigation may be investigated by another agency outside the City of Renton. 16.2.3. Employees will not be under any type of electronic surveillance by any employee of the Renton Police Department without authorization of the Chief of Police or designee. 16.2.4. Any employee who becomes the subject of an internal investigation, or an investigatory interview, shall be advised in writing of the following within three business days of the date of their first interview: a. General orders violated and the nature of the matter in sufficient detail to reasonably apprise him/her of the matter (unless suspected of committing a criminal offense); b. Misconduct that would be grounds for termination, suspension, or other disciplinary action; and Page 54 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 i65-2021,E c. That he/she may not be qualified for continued employment with the Department. An "investigatory interview" occurs when a supervisor knows or reasonably should know that they are questioning an employee about something that could result in an economic sanction. 16.2.5. Any employee who becomes the subject of an investigation may have legal counsel or a Guild representative present during all interviews. The interviewer must provide at least three business days for the employee to have legal counsel or have a Guild representative present during the interview. An investigation as used elsewhere in this Article shall be interpreted as any action which could result in a dismissal from the Department or the filing of a criminal charge. 16.2.6. The employee under investigation must, at the time of an interview, be informed of the name of the officer in charge of the investigation and the name of the officer who will be conducting the interview. See LEMPOL Policy 907. Revisions to Policy 907 will be discussed with the Guild 16.2.7. Employees have Weingarten Rights during all interviews where they reasonably believe they could be subject to discipline. 16.2.8. The employee shall be informed in writing as to whether he/she is a witness or suspect. Should the witness in an investigation become the suspect of an investigation Page 55 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 i65-2021,z during the investigatory interview, the Employer agrees to stop the interview to allow the employee to obtain Guild Representation. See LEXIPOL Policy 907. Revisions to Policy 907 will be discussed with the Guild 16.2.9. The interview of any employee shall be at a reasonable hour, preferably when the employee is on duty. Whenever possible, interviews shall be scheduled during the normal workday of the Employer. The employee will be required to answer any questions involving non -criminal matters under investigation and will be afforded all rights and privileges to which he/she is entitled under the laws of the State of Washington or the United States. 16.2.10. The employee or Employer may request that a formal investigation interview be recorded. There can be no "off the record" questions. Upon request, the employee under formal investigation shall be provided an exact copy of any written statement he/she has signed. The employee shall be furnished a copy of the completed investigation 72 hours prior to any pre -disciplinary Loudermill hearings. 16.2.11. Interviewing shall be completed within a reasonable time and shall be done under circumstances devoid of intimidation or coercion. In all investigation interviews that may result in discipline, the employee shall be afforded an opportunity and facilities to contact and consult privately with an attorney of his/her own choosing or Guild representative before being interviewed. The employee shall be entitled to such intermissions, as he/she Page 56 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 Ira-2021,z shall request for personal necessities, meals, telephone calls and rest periods. 16.2.12. All interviewing shall be limited in scope to activities, circumstances, or events which pertain to the incident which is the subject of the investigation. Nothing in this section shall prohibit the Employer from questioning the employee about information which is developed during the course of the interview. 16.2.13. The employee will not be threatened with dismissal or other disciplinary punishment as a guise to attempt to obtain his/her resignation, nor shall he/she be subject to abusive or offensive language or intimidation in any other manner. No promises or rewards shall be made as an inducement to answer questions. 16.2.14. Upon the completion of the investigation and upon request, a copy of the entire file shall be provided to the employee. 16.2.15. To balance the interest of the Employer in obtaining a psychological evaluation of an employee to determine the employee's fitness for duty and the interest of the employee in having those examinations being conducted, psychological evaluations will be obtained in the least intrusive manner as possible. To protect the employee's right to privacy, the medical release form agreed upon by the Employer and the Guild shall be signed by the employee prior to the evaluation (see Appendix Q. Page 57 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 i65-2021,E 16.2.16. No employee shall be required to unwillingly submit to a polygraph test or to unwillingly answer questions for which the employee might otherwise properly invoke the protections of any constitutional amendment against self-incrimination. Nor shall any member be dismissed for or shall any other penalty be imposed upon any employee for his/her failure to submit to a polygraph test. 16.2.17. Should any section, sub -section, paragraph, sentence, clause, or phrase in this Article be declared unconstitutional or invalid, for any reason, such decision shall not affect the validity of the remaining portions of this Article. 16.2.18. Any employee involved in the use of lethal force shall not be formally interviewed immediately following the incident. The policy and procedure outlined in the Unusual Occurrences Manual (Department Response to Line of Duty Death or Other Critical Incidents) will govern the response to issues regarding use of lethal force. 16.2.19. Investigations of known members by the Renton Police Department shall be completed in a timely manner with a goal of completion within 30 days. 16.2.20. The right for an employee to add commentary during the Loudermill or at the end of the internal investigation process will be maintained. Page 58 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 Ira-2021,z 16.3. Brady Language. A punitive action, or denial of promotion on grounds other than merit, shall not be undertaken by the City against any officer solely because that officer's name has been placed on a Brady list, or that the officer's name may otherwise be subject to disclosure pursuant to Brady. 16.3.1. The provisions of subsection 16.3. shall not prohibit the City from taking punitive action, denying a promotion on grounds other than merit, or taking other personnel action against an officer based on the underlying acts or omissions for which that officer's name was placed on a Brady list, or may otherwise be subject to disclosure pursuant to Brady, if the actions taken by the City otherwise conform to this agreement. 16.3.2. Evidence that an officer's name has been placed on a Brady list, or may otherwise be subject to disclosure pursuant to Brady, shall not be introduced for any purpose in any administrative appeal of a punitive action, except as provided in subsection 16.3.3. 16.3.3. Evidence that an officer's name was placed on a Brady list may only be introduced if, during the administrative appeal of a punitive action against an officer, the underlying act or omission for which that officer's name was placed on a Brady list is proven and the officer is found to be subject to some form of punitive action. If the arbitrator or other administrative appeal tribunal finds or determines that an officer has committed the underlying acts or omissions that will result in a punitive action, denial Page 59 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 Ira-2021,z of a promotion on grounds other than merit, or any other adverse personnel action, and evidence exists that an officer's name has been placed on a Brady list, or may otherwise be subject to disclosure pursuant to Brady, then the evidence shall be introduced for the sole purpose of determining the type or level of punitive action to be imposed. 16.3.4. For purposes of these subsections, "Brady list" means any system, index, list, or other record containing the names of officers whose personnel files are likely to contain evidence of dishonesty or bias, which is maintained. 16.4. Drug And Alcohol Testing. The Employer considers its employees its most valuable asset. The Employer and the Guild share concern for the safety, health and well being of police department members. This community and all City employees have the absolute right to expect persons employed by the Employer will be free from the effects of drugs and alcohol. 16.4.1. Before an employee may be tested for drugs, the Employer shall have individualized reasonable suspicion based on objective facts and reasonable inferences drawn there from, that a particular employee has engaged or is engaged in the use of illegal drugs and/or abuse of legal drugs (including alcohol). 16.4.2. Drug and alcohol* tests shall be performed by a HHS certified laboratory or hospital or clinic certified by the State of Washington to perform such tests. (* Initial alcohol Page 60 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 Ira-2021,z testing may be performed by a Certified Breath Alcohol Technician or any other person approved to operate an Evidential Breath Testing device.) 16.4.2.1. Drug Testing. a. An initial drug screen shall be performed using the Immunoassay (IA) method. b. Any positive results on the initial drug - screening list shall be confirmed through use of Gas Chromatography/Mass Spectrometry. c. The drug panel and cut off standards shall be as defined by 49 CFR Part 40 which sets forth the procedures for drug testing in the Department of Transportation (DOT). d. Confirmed positive drug test results shall be sent to a licensed physician who, as Medical Review Officer (MRO), will review the affected employee's medical history and other relevant factors to determine if the positive test result should be excused. The MRO will notify the department of the results of his or her review. Negative test results shall be sent to the Employer's drug and alcohol testing administrator who will notify the designated department representative and employee of the test results. Page 61 of 85 Police Commissioned Contract AGENDA ITEM #8. 0 201 Ira-2021,z 16.4.2.2. Alcohol Testing. Alcohol test results shall be released to the employee and department upon conclusion of the test. For the purpose of determining whether the employee is under the influence of alcohol, test results of .02 or more based upon the results of an Evidential Breath Testing device shall be considered positive. 16.4.2.3. Confirmation of Test Results. a. Employees notified of a positive alcohol test result may request the opportunity to have a blood sample drawn for analysis at either a hospital or certified testing lab as chosen by the Employer. b. Employees notified of a positive drug test may request that the Medical Review Officer send a portion of their first sample to the hospital or HHS certified laboratory of the employee's choice for testing by gas chromatography/mass spectrometry. c. The cost of employee requested tests are the responsibility of the employee. If the test results are negative, the Employer will reimburse the employee for the cost of the test. Page 62 of 85 Police Commissioned Contract AGENDA ITEM #8. 0 201 i65-2021,. ARTICLE 17 — MANAGEMENT RIGHTS 17.1. Recognition. The Guild recognizes the prerogative of the Employer and the Chief of Police to operate and manage Police Department affairs in all respects, in accordance with its responsibilities and the powers of authority which the Employer has not officially abridged, delegated, or modified by this Agreement. 17.2. Rights of Employer. Subject to the provisions of this Agreement, the Employer reserves the right to: 17.2.1. Recruit, assign, transfer, and promote members to the positions within the Department; 17.2.2. Suspend, demote, discharge, or take other disciplinary action against members for just cause; 17.2.3. Relieve members from duties because of lack of work, lack of funds, the occurrence of conditions outside Department control; or when the continuation of work would be wasteful and unproductive; 17.2.4. Determine methods, means, and personnel necessary for departmental operations; 17.2.5. Control the department budget; Page 63 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 i65-2021,. 17.2.6. Take whatever actions are necessary in emergencies in order to assure the proper functioning of the Department; 17.2.7. Determine classification, status, and tenure of employees; and 17.2.8. Perform all other functions not limited by this Agreement. ARTICLE 18 —GRIEVANCE PROCEDURE The Employer recognizes the importance and benefit of settling grievances promptly and fairly in the interest of better employee relations and morale. To this end, the following procedure is outlined. Every effort will be made to settle grievances at the lowest level of supervision. Employees will be unimpeded and free from unreasonable restraint or interference and free from coercion, discrimination, or reprisal in lawfully seeking adjudication of their grievance. 18.1. Definitions. 18.1.1. Grievance: Any issue relating to interpretation, application, or enforcement of any provision contained in this Agreement. 18.1.2. Issue: Any dispute, complaint, problem, or question arising with respect to working conditions or employer - employee relations of any nature or kind whatsoever. Page 64 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 ib-2021,. 18.1.3. Guild Representative: A Guild member designated by the Guild President as a bargaining representative. 18.2. Grievance Procedure. The steps set forth herein shall be followed unless the Chief of Police and the Grievant, Guild, or individual raising the issue agree in any particular case that the procedural steps and/or time limits should be modified. Any agreement to modify the procedural steps and/or time limits shall be in writing. In the event that no provision is made to modify any procedural steps and/or time limits, and either of the parties violates them, the grievance/issue shall be considered settled in favor of the party that is not in default at the time. If any specified participant in the steps below is absent and thus unable to timely participate, such step(s) may be completed by the participant's designee. Step 1 The employee(s) and/or Guild Representative shall submit the grievance/issue in writing to the Division Commander within twenty (20) calendar days from the date that the grievant knew or reasonably should have known of the action precipitating the grievance/issue. The Division Commander shall notify the Employee(s) and the Guild Representative in writing of his/her decision and the reasons therefore within fifteen (15) calendar days thereafter. Step 2 If the grievant is not satisfied with the decision rendered, he/she shall submit the grievance/issue in writing to the Deputy Chief within fifteen (15) calendar days. If the grievance is initiated by the Guild, it shall be Page 65 of 85 Police Commissioned Contract AGENDA ITEM #8. 0 201 Ira-2021,z initiated at Step (2) of the grievance process within fifteen (15) calendar days from the date the Guild knew or reasonably should have known of the action precipitating the grievance/issue. The Deputy Chief shall notify the employee(s) and the Guild Representative in writing of his/her decision and the reasons therefore within fifteen (15) calendar days thereafter. Step 3 If the grievant is not satisfied with the decision rendered, he/she shall submit the grievance/issue in writing to the Chief of Police within fifteen (15) calendar days. The Chief of Police shall notify the employee(s) and the Guild Representative in writing of his/her decision and the reasons therefore within fifteen (15) calendar days thereafter. Step 4 If the grievant is not satisfied with the decision rendered, he/she shall submit the grievance/issue in writing to the Mayor within fifteen (15) calendar days. The Mayor shall notify the employee(s) and the Guild Representative in writing of his/her decision and the reasons therefore within fifteen (15) calendar days thereafter. Consideration of the issue shall conclude at this point. Step 5 If the grievance has not been settled by the Mayor, either party may submit the matter to arbitration. In any case, the matter must be referred to arbitration within ninety (90) days from conclusion of the fifteen (15) day period of consideration by the Mayor. A neutral Page 66 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 Ira-2021,z arbitrator will be selected jointly by both parties. If the parties cannot agree on an arbitrator, they will request a list of arbitrators from the American Arbitration Association (AAA) and alternately strike names, if necessary, to pick an arbitrator. The arbitrator selection process will not exceed ten (10) days. The total cost of the proceedings shall be borne equally by both parties. The arbitrator's award shall be final and binding on both parties, provided, however, that no authority is granted to the arbitrator to modify, amend, or delete any terms of this Agreement. When an employee or the Guild appeals a grievance to arbitration, such appeal shall be made in writing and shall constitute an election of remedies and, to the extent allowed by law, a waiver of any and all rights by the appealing employee or the Guild to litigate or otherwise contest the appealed matter in any court or other available forum. 18.3. Election of Remedies. In the case of disciplinary actions that are appealable to the Civil Service Commission, a non - probationary employee may file a grievance under the terms of this Agreement alleging that the disciplinary action was not for just cause. If the employee does so, it shall constitute an election of remedies and said employee shall be barred from pursuing the issue in any other forum including, but not limited to, the Civil Service Commission. Page 67 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 Ira-2021,z ARTICLE 19 — PERFORMANCE OF DUTY Nothing in this Agreement shall be construed to give an employee the right to strike, and no employee shall strike or refuse to perform assigned duties to the best of his/her ability. It is further agreed that no employee shall refuse to cross the picket line of any other union during his/her scheduled work shift. The parties recognize and agree to abide by the provisions of RCW 41.56.490. ARTICLE 20 — RETENTION OF BENEFITS Wages, hours, benefits, and working conditions constituting mandatory subjects of bargaining in effect on the effective date of this Agreement shall be maintained unless changed by mutual agreement between the Employer and the governing body of the Guild. An interest arbitrator may also change contract provisions legally before him or her in an interest arbitration. The Employer agrees to notify the Guild in advance of changes or hearings affecting working conditions of any employee covered by this Agreement, except in emergency situations and provided that the Employer is aware of the changes or hearings. ARTICLE 21— PAY DAYS 21.1. Pay Dates. Employees shall be paid twice each month and any employee who is laid off or terminated shall be paid all monies due on the next following payday. All employees shall be Page 68 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 Ira-2021,z paid on the 10th and 25t" day of each month. If the 10th or 25th day of the month falls on a holiday or weekend period, the employees shall be paid on the last business day prior to that period. 21.2. Online Pay Stubs. Effective upon ratification of this contract the employer shall no longer issue paper stubs to employees. Employees will receive instructions regarding online viewing of their individual pay stubs prior to implementation. 21.3. Direct Deposit. All employees will participate with direct deposit of paychecks. ARTICLE 22 — SAVINGS CLAUSE 22.1. Savings Clause. If any article of this Agreement or any addenda hereto should be held invalid by operation of law or by any tribunal of competent jurisdiction or if compliance with or enforcement of any article should be restrained by such tribunal, the remainder of this Agreement and Addenda shall not be affected thereby, and the parties shall enter, within ten (10) calendar days, into collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement or modification of such Article held invalid. 22.2. Contract/Civil Service. Any conflict between the provisions of this Agreement and current Civil Service Rules and Regulations shall be resolved as set forth herein. It is further understood that (a) to the extent the labor agreement does not address a matter (e.g., discipline, seniority, layoffs, etc.) and Civil Service does, then Civil Service shall prevail; (b) to the extent the Page 69 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 Ira-2021,z labor agreement does address a matter (e.g., discipline, seniority, layoffs, etc.) and Civil Service also does so, the labor agreement shall prevail. The Employer and Guild otherwise retain their statutory rights to bargain changes in Civil Service Rules and Regulations (i.e. changes initiated after the effective date of this agreement) for employees in the bargaining unit. Upon receiving notice of such proposed change(s) from the Civil Service commission, either party may submit a written request to the Mayor (within sixty (60) calendar days after receipt of such notice) and the result of such bargaining shall be made a part of this Agreement. 22.3. Successor Agreement. This Agreement and any and all amendments and modifications hereafter entered into and executed by and between the parties hereto shall be binding and inure to the benefit of the parties' respective successors and assigns and any other governmental entity succeeding to the City of Renton's obligations hereunder. In case of any merger or consolidation by the Employer with another governmental agency, either party shall have the right to reopen this Agreement for negotiation of any positions affected by the merger or consolidation. 22.4. FLSA Disputes. The Employer shall have the right to bargain any issues arising out of the implementation of the Fair Labor Standards Act (FLSA) including any conflicts that may arise regarding Article , Retention of Benefits. Statutory provisions for resolution of impasses reached in collective Page 70 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 45-2021,E bargaining, and contractual provisions for resolution of grievances arising out of such FLSA issues shall apply. ARTICLE 23 — ENTIRE AGREEMENT 23.1. The Agreement expressed herein in writing constitutes the entire agreement between the parties, and no oral statement shall add up to or supersede any of its provisions. The parties acknowledge that each has had the unlimited right and opportunity to make demands and proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this Agreement. Therefore, except as otherwise provided in this Agreement, the Employer and the Guild for the duration of this Agreement each voluntarily and unqualifiedly agrees to waive the right to oblige the other party to bargain with respect to any subject or matter not specifically referred to or covered in this Agreement. ARTICLE 24 - DURATION OF AGREEMENT Unless otherwise agreed, this Agreement shall become effective January 1, 20196, and shall remain in force until December 31, 202038. Page 71 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 45-2021,E Signed this Renton, Washington. CITY OF RENTON day of , 201 Denis Law, Mayor Ed VanValeyKevin Molosey h, Police Chief Ellen Bradley-Mak, HRRM Administrator Kim Gilman, HR Labor Manager Jon Schuldt, Deputy Chief Kevin Keyes, Deputy Chief Chad Karlewicz, Commander Kari Roller, Financial Services Manager ATTEST: Jason Seth, City Clerk APPROVED AS TO LEGAL FORM: POLICE OFFICERS' GUILD Ralph Hyett III, President Bill Judd, Spokesperson/Member Corey Jacobs, Member Mark Coleman, Member Jim Cline, Attorney Page 72 of 85 , at AGENDA ITEM #8. 0 Police Commissioned Contract 201 i65-2021,. Shane Moloney, City Attorney APPENDIX A: SALARIES A.1. — Salary Schedule. A.I.I. Effective January 1, 20196, the base wages for all positions in the bargaining unit shall be increased by 3.752 % over the wages in effect December 31, 201 A.1.2. January 1, 201 , Salary Schedule Classification_ Start 1 Mont 2 Mont 36 Mont 48 Months Police Sergeant Patrol Officer Patrol Officer 11 A.1.3. Effective January 1, 20201-7, the base wages for all positions in the bargaining unit shall be increased by .5% over the wages in effect December 31, 201 ij� jj� g 8-4 Page 73 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201)6-202U+e W W, NII ME =� IN IL-�wl R- R-JWJ 0 0 ILWIWMM II M MI Classification Start 1 Mont 24 Mont 3 Mont 48 ont 4 A.2. Deferred Compensation Contributions. A.2.1. Accreditation Premium. The Employer will deposit one percent (1.0%) of the employee's base wage into the deferred compensation plan for each employee as a premium for accreditation of the police department. A.2.2. In -Service Training. In exchange for thirty (30) hours of in-service training under Article 4 of this Agreement at the prevailing straight time rate, the Employer shall make a contribution equal to one-half percent (0.5%) of the employee's base wage toward the employee's deferred compensation plan. Page 74 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 ib-2021,. A.2.3. Deferred Compensation. In exchange for savings realized through modifying the salary scale, effective January 1, 1997, the Employer shall contribute ^one and -one- half percent Q1.5%) of the employee's base wage into the employee's deferred compensation plan. The combined deferred compensation contribution from the above Sections of this Appendix shall be .0%. A.2.4. Physical Fitness. Employees who comply with Section 6.8.3 shall be compensated with 3.0% of base pay in the form of deferred compensation, in accordance with Section 6.8.4. Page 75 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 )6-2021,z APPENDIX B: EDUCATION/LONGEVITY SCHEDULE Employees shall receive longevity pay according to the following scale: Completion of 5 years — 2% of base wage Completion of 10 years — 4% of base wage Completion of 15 years — 6% of base wage Completion of 20 years — 10% of base wage Completion of 25 years — 12% of base wage Completion of 30 years —14% of base wage Employees shall receive educational pay according to the following scale: AA Degree/90 Credits — 4% of base wage BA Degree/Masters — 6% of base wage Page 76 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 )6-20204-2 APPENDIX C - MEDICAL RELEASE I, , hereby release Dr. to provide the following informationomy employer. inaccerdaRce w t, medical information to m SeGti6RS1$2c,/B`12lc`rRd 02(c)I47(C) f the Aerica;S na rn a P-1 d- e G Fes F egGTrCQ-tC7 VPr}—QTJQbTT}}i es A ^�th ea h even- 'Tt'e m pint -airy -III rer,nrd-c in iatiE)R Yeiith the nvamiRatin4 Medir,A as -Se of me eR forms and in medical files and mi ict separate separate eenfideRtial recerd with the felleWiRg treat these recerds W QPsychological as a Thr- n �hnvn_r� �mnrl d-ntnr may advise my empleyeF �n r-&gaFdiRg: or physical fitness to perform all the essential � functions of my current job classification; W unable to perform all those functions, the duties that I am able QIf V to perform and which duties I am not able to perform; 0 W If unable to work at this time, when I can reasonably be I expected to return to work at my regular duties; V X Any necessary restrictions on my work or duties; 0 Z Any necessary accommodations which may be required to allow a me to perform the essential functions of my current job a a classification; and Any recommendation for psychotherapy or other form of therapy, counseling and/or medical treatment. This Release is intended to grant no further access to my confidential medical beyond what is listed above. rer-erals f'TiTth the TmeriCCTJwith Disabilities A , exaFneReRg-,r, PATIENT DATE Page 77 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 )6-2021,. APPENDIX D: M.O.U. Re: Commissioned Extra Duty Compensation Page 78 of 85 Police Commissioned Contract AGENDA ITEM #8. 0 201)6-202044 Memorandum of undaretandir Betureen The My of Renton JCITY) And Renton Pal ice guild 163IJILDj RE: Commissioned Extra-VutyCompensatlon The City of Renton and the Renton Police Offloers C,ulld are parties 0 a tulle€true bargaining agreement (COA). The pef.les agree that the provisions set forth in this M❑ll are m be read as a supplement to the provision$ in #hat CBk speClfically Clause 14,9, In order to ensum that officers that engage in extra-dut¢ employment as Renton Police Officers have adequate liability coverage, Officers will' be pale by the city far extra -duty work at a rate of $62.00 per nour- The new oompen5atio�rl rate will be effect Iva on Septembe• 1, Za17, Signets On thls IP day of ?0— , 2017. EI len Bradley -Ma k Human Resources and Risk Management KtVin Mirusevich. Chief Police belrarrmant Ralph Hyett President, Renton Police GUlld Page 79 of 85 Police Commissioned Contract AGENDA ITEM #8. 0 201316-202044 Memorandum of Understanding Between The City of Renton (CITY) And Renton Police Officers' Guild (GUILD) RE- Commissioned Extra -Duty Compensation The City of Renton and the Renton Police Officers Guild are parties to a collective bargaining agreement (CBA). The parties agree that the provisions set forth in this MOU are to be read as a supplement to the provisions in that CBA. In order to ensure that officers who engage in extra -duty employment as Renton Police Officers have adequate liability coverage, the City will charge extra -duty employers $47.20 per hour for general security work and $63.91 per hour for higher risk work. Examples of higher -risk wor% are traffic flagging, venues serving alcohol, and live music events. The Officers in turn will be paid by the City for extra -duty work at a rate of $40.00 per hour for general security work, and $54.16 per hour for higher risk work. This new compensation rate will be effective on May �O�. 'f�L Kevin Milosevich ❑a e Chief of Police Mark eman ❑ate President Renton Police Officers' Guild Nancy Carlson Date Administrator, Human Resources and Risk Management Page 80 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201)6-202(,fs 0 accrual of personal leave.......... 36 actual service ........................... 37 alcohol ................................ 59,60 allowance .......... 22, 24, 25, 36, 38 allowances ............................... 42 Appendix A ............................... 73 Appendix B ............................... 76 Appendix C ............................... 77 Appendix D ............................... 78 application ......................... 12,63 arbitration .......................... 65,67 bereavement leave .................. 31 Bill of Rights ............................. 51 buyback .................................... 37 C cancellation of scheduled leave 40 Canine Officer .......................... 28 cash out .................................... 31 cash payment ........................... 18 Cash payment .......................... 31 CCU.................................... 21127 CDU.................................... 21,27 Christmas ........................... 34,35 Civil Disturbance Unit......... 21127 civil service ......................... 11, 13 INDEX Civil Service ...............5, 51, 66, 68 Civil Service commission........... 68 Civil Service Commission .......... 66 cleaning ........................ 23, 25, 26 clothing allowance .............. 24,25 COBRA ...................................... 46 commercial cleaning ................. 27 compensation for training........ 20 Compensatory Time .................18 Consolidated Omnibus Budget Reconciliation Act..................46 corporal .................................... 24 Corporal Assignment ................ 28 court minimums ........... 17118, 19 criminal defense ....................... 46 Hostage Negotiations Teams Ge mrvmi meatier I nit .............. 27 Hostage Negotiations TeamCr+sis Cornrn nicatiens I I 0 deferred compensation 29, 31, 74 Deferred Compensation - Accreditation Premium .......... 74 Deferred Compensation -Annual Contribution .......................... 74 Deferred Compensation -In- service Training ...................... 74 Page 81 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 Ira-2021,z deferred compensation -physical examinations ............................56 fitness .................................... 29 executive order ........................ 35 Deferred Compensation -Physical extra -duty employment ............ 47 Fitness Contribution .............. 75 F department contracted extra - duty law -enforcement Fair Labor Standards Act15, 16, 69 employment .......................... 47 Fair Practices Policy .................. 14 dependent .......................... 43,46 false arrest................................46 dependents 43 Field Training ...................... 28, 49 Detective .................................. 28 FLSA .........................16, 22, 47, 69 direct deposit ........................... 68 G disability ........................32, 33, 37 graveyard 8 18 19 21 disability insurance policy ........ 46 grievance.................13, 63, 64, 66 discipline .......................13 51 68 Grievance Procedure 63 discriminate ............................. 13 grievance procedures 14 discrimination .................... 14,63 grievance/issue 64,65 double indemnity ..................... 46 Group Health insurance ............ 44 double time .............................. 17 Guild President 5,63 drug .......................................... 59 Guild representative....... 8, 14, 53 drug and alcohol testing........... 59 Guild Representative ................63 dues deduction .......................... 6 H E hazardous duty 27 early release ............................. 19 hazardous duty a 29 education and longevity........... 76 Hazardous Duty Pay .................. 27 educational incentive ............... 36 Health Insurance ...................... 43 election of remedies ................ 66 holidays .................................... 34 employment practices ................ 9 hours of duty................ 14, 21, 34 entire agreement ..................... 69 examination ..................121 29, 77 Page 82 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 45-2021,E Immunoassay (IA) ..................... 59 Independence Day ................... 34 in-service training .......... 19, 23, 74 inspection of papers ................. 12 insurance plan .......................... 43 insurances ................................ 42 internal investigation ......... 13,53 interpreters .............................. 29 investigation ..................49, 54, 56 Investigations Division .............. 24 issue......................................... 25 Issue......................................... 63 J July4........................................ 34 ICI K-9............................................ 23 L L & I .................................... 32,33 Labor Day ................................. 34 layoffs ....................................... 68 LEOFF II .........................32, 33, 46 lethal force ............................... 57 life insurance ............................ 46 light duty ............................ 32,34 light duty requirement ............. 33 longevity ............................ 42,76 longevity allowances ................ 42 M management rights .................. 61 medical premiums....................31 Medical Review Officer....... 60,61 medical/dental ......................... 43 Memorial Day ...........................34 military leave ............................38 misconduct...............................12 Misconduct ............................... 53 motorcycle officers...................15 M RO......................................... 60 new positions ........................... 24 New Positions ........................... 29 New Year's Day ......................... 34 non-discrimination ...................13 non -supervisory employees ..... 15 non -supervisory regular employees .............................10 [9] OJ I ...................................... 32,33 on-the-job injury ...................... 32 overtime16, 17, 18, 20, 22, 23, 30, 41,47 overtime minimums .................19 Overtime Minimums ................17 Page 83 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 45-2021,E �L paydays ................................... 67 penalty ............................... 41, 56 pensions ................................... 42 per diem ................................... 22 performance of duty ................ 66 personal leave .................... 32, 36 personal leave time ....... 36, 37, 39 personnel files .......................... 12 Personnel Files ......................... 11 personnel files contents........... 11 personnel reduction ................... 9 physical fitness ......................... 77 Physical Fitness ........................ 28 physical fitness test .................. 29 picket....................................... 66 plain clothes ............................. 26 plan changes ............................ 45 Preamble .................................... 5 premium ........... 22, 29, 42, 44, 74 premium pay ............................ 28 premiums ......................24, 43, 44 prescription .............................. 43 probation ................................. 13 probationary employees .......... 10 promotions ............................... 11 N quartermaster system .............. 25 [:i Recognition and Bargaining Unit 5 REHBT ........................... 42143,45 rehires...................................... 11 REHP................................... 42,45 reinstatement ...........................10 Renton Employees' Health Plan Board of Trustees .................. 45 Renton Employees' Healthcare Board of Trustees ............ 42145 Renton Employees' Healthcare Plan........................................ 42 retention of benefits .......... 67,69 rules and regulations.......... 11,68 Rules and Regulations .............. 51 S salaries ..................................... 23 Salary Schedule ........................ 73 savings clause ...........................68 seniority ..............9, 10, 14, 40, 68 Seniority...................................15 sergeant ............................. 10,24 Sergeant ............................. 73,74 shift assignments ......................14 sick leave ............................ 30,32 SOD.......................................... 15 Special Operations Division ......15 Page 84 of 85 AGENDA ITEM #8. 0 Police Commissioned Contract 201 Ira-2021,z Special Weapons and Tactics .. 21, 27 SRO........................................... 28 standby.................................... 20 strike .................................. 65,66 supervisors ............................... 10 supervisory employees ............. 10 suspect ..................................... 54 SWAT.............................21, 27, 28 T Thanksgiving ............................. 34 third party administrator.......... 33 time and one-half ............... 17,30 time off .....................8, 32, 39, 41 Traffic Assignment .................... 28 training....................17, 20, 22, 23 Training Officer ........................ 28 tuition ...................................... 35 tuition reimbursement ............. 35 A uniform cleaning ...................... 26 Union Membership and Dues Deduction ................................ 6 Union officials' time off .............. 8 union security ............................. 6 LTA vacancies..................................11 vacation bids ............................ 39 Veteran's Day ...........................34 vision........................................ 43 vote.......................................... 45 voting....................................... 45 witness..................................... 54 working out of classification ..... 30 working out of classification pay 8 Page 85 of 85 AGENDA ITEM #8. g) AB - 2303 C[TY OF -----wwwo�Renton uOl"' SUBJECT/TITLE: Project Acceptance: Kennydale Lakeline Sewer Improvement Phase II CAG-18-110 with Ballard Marine Construction, LLC RECOMMENDED ACTION: Council Concur DEPARTMENT: Utility Systems Division STAFF CONTACT: John Hobson, Wastewater Utility Engineer EXT.: 7279 The original contract amount was $910,030 and the final contract amount is $949,168.37, an increase of $39,138.37 due to one change order. The project was funded through the Wastewater Utility Capital Improvement Program budget for the Kennydale Lakeline Sewer Improvement Project (426.465512). There is sufficient funding in the budget to cover the approved change order. The Kennydale Lakeline Sewer Improvement Phase II Project was awarded to Ballard Marine Construction, LLC on June 11, 2018. Project construction began on September 24, 2018 and was completed on November 30, 2018. The project consisted of: • Cleaning approximately 2,100 linear feet of 8" diameter lakeline sewer. • CCTV inspection of approximately 2,650 linear feet of the lakeline sewer. • Removal of approximately 1 ton of material from the lakeline sewer system. • Testing on the sewer to help determine its remaining useful life. During project construction the following change order was issued: • Change Order No. 1 for $84,480.37 for increased work and materials necessary to set up a temporary sewer bypass system at one of the temporary cleaning manholes. The temporary system was needed as the level of Lake Washington was lowered in September and the contractor's barge could not reach the existing sewer main to set the cleaning manhole. A. Notice of Completion of Public Works Contract Accept the Kennydale Lakeline Sewer Improvement Phase II Project CAG-18-110 and authorize release of the retainage bond after 60 days, once all the required releases from the state have been obtained. AGE�Iq,A ITEM #8, g) rtginal ❑ Revised # NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Date: Contractor's UBI Number: Name & Mailing Address of Public Agency Department Use Only City of Renton Assigned to: 1055 S Grady Way Renton, WA 98057 Date Assigned: UBI Number: 177000094 Notice is hereby given relative to the completion of contractor project described below 604136012 Project Name Contract Number Job Order Contracting Kennydale Lakeline Sewer Improvement Ph II CAG-18-110 ❑ Yes 0 No Description of Work Done/Include Jobsite Address(es) Cleaning, CCTV Inspection and material testing of approximately 2,100 linear feet of 8" diameter sewer main within Lake Washington. The project is located in Lake Washington adjacent to the Kennydale neighborhood extending from 2725 Mountain View Ave N to 3905 Lake Washington Blvd N. Federally funded transportation project? ❑ Yes 0 No (if yes, provide Contract Bond Statement below) Contractor's Name E-mail Address Affidavit ID* Ballard Marine Construction LLC ijohn.snowden@ballardmc.com 1 831967 Contractor Address Telephone # 727 S27th St, Washougal, WA 98671 1866-782-6750 If Retainage is not withheld, please select one of the following and List Surety's Name & Bond Number. ❑ Retainage Bond ❑ Contract/Payment bond (valid for federally funded transportation projects) Name: I Bond Number: Date Contract Awarded Date Work Commenced Date Work Completed Date Work Accepted June 11, 2018 August 1, 2018 1 November 30, 2018 January 14, 2019 Were Subcontracters used on this project? If so, please complete Addendum A. DYes ❑ No Affidavit ID* - No L&I release will be granted until all affidavits are listed. Contract Amount Additions ( + ) Reductions (- ) Sub -Total Sales Tax Rate 10.000 (If various rates apply, please send a breakdown) $ 827,300.00 $ 35,580.34 Liquidated Damages $ $ Amount Disbursed $ 906,024.35 $ 862,880.34 Amount Retained $ 43,144.02 Sales Tax Amount $ 86,288.03 TOTAL $ 949,168.37 TOTAL $ 949,168.37 NOTE: These two totals must be eaual Comments: Note: The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates. Submitting Form: Please submit the completed form by email to all three agencies below. Contact Name: Natalie Wissbrod Email Address: nwissbrod@rentonwa.gov Department of Revenue Public Works Section wash ington state Department of Labor & Industries (360) 704-5650 Contract Release PWC@dor.wa.gov (855) 545-8163, option # 4 ContractRelease@LN I. WA.GOV Title: Accounting Asst. Phone Number: 425-430-6919 Employment Security Department Registration, Inquiry, Standards & Coordination Unit (360)902-9450 REV 31 0020e (10/28/15) F215-038-000 10-2014 Addendum A: Please List all Subcontractors and Sub -tiers Below AGENDA ITEM #8. This addendum can be submitted in other formats. Provide known affidavits at this time. No L&I release will be granted until all affidavits are listed. Subcontractor's Name: UBI Number: (Required) Affidavit ID* Bravo Environmental NW Inc. 6029462161 831805 or tax assistance or to request this document in an alternate format, please call 1-800-647-7706. Teletype (TTY) users may use the Service by calling 711. IREV 31 0020e Addendum (10/28/15) F215-038-000 10-2014 1