HomeMy WebLinkAboutContract CAG-11-018
AGREEMENT
By and Between
CITY OF RENTON
and
RENTON POLICE OFFICERS' GUILD
REPRESENTING COMMISSIONED EMPLOYEES
January 1, 2010 — December 31, 2012
TABLE OF CONTENTS
PAGE
PREAMBLE............................ ......................................................4
ARTICLE 2 - UNION MEMBERSHIP AND DUES DEDUCTION ......... 5
ARTICLE 4 - HOURS OF DUTY .................................................. 13
ARTICLE5 - 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
.................................................. 49
ARTICLE 17 - MANAGEMENT RIGHTS ...................................... 57
ARTICLE 18 - GRIEVANCE PROCEDURE .................................... 58
ARTICLE 19 - PERFORMANCE OF DUTY.................................... 62
ARTICLE 20 - RETENTION OF BENEFITS .................................... 62
ARTICLE21 - PAY DAYS .......................................................... 63
ARTICLE 22 - SAVINGS CLAUSE ............................................... 63
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ARTICLE 23 - ENTIRE AGREEMENT .......................................... 65
ARTICLE 24 - DURATION OF AGREEMENT................................ 66
APPENDIXA - SALARIES............................ ................................. 68
APPENDIX B - EDUCATION/LONGEVITY SCHEDULE......................70
APPENDIX C- INTERNAL AFFAIRS ADMINISTRATION................. 71
APPENDIX D - MEDICAL RELEASE............................................... 87
APPENDIX E - M.O.U. RE: COMMISSIONED EXTRA DUTY RATE..88
INDEX........................................................................................ 89
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PREAMBLE
The rules contained herein constitute an Agreement between
the City of Renton, hereinafter referred to as the Employer, and
the Renton Police Officers' 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
Section A. 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(6).
Section B. 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.
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Section C. 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.
ARTICLE 2 - UNION MEMBERSHIP AND DUES DEDUCTION
Section A. 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.
Section B. Union Security
1. All employees covered by this Agreement who are or
become members of the Guild on or after the effective
date of this Agreement shall maintain their membership in
good standing with the Guild.
2. All employees covered by this Agreement hired on or after
its execution date shall, within sixty (60) days following the
beginning of such employment, become and remain
members in good standing in the Guild.
3. Any employee failing to comply with subsections B.1 or B.2
of this Article shall, as a condition of continued
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employment, pay each month a service charge equivalent
to regular Guild dues to the Guild as a contribution
towards the administration of this Agreement.
4. The right of non-association of members of the Renton
Police Department based on bona fide religious tenets or
teachings of a church or a religious body of which such
public employee is a member shall be protected at all
times, and such public employee shall pay such sum in
such manner as is provided in RCW 41.56.122.
5. The Guild will notify the Employer in writing of the failure
of any employee to comply with any of the applicable
provisions of this section. The Employer agrees to advise
the employee that his/her employment status is in
jeopardy and that failure to meet the applicable
requirement of this section will result in termination of
his/her employment within ten (10) days. If compliance is
not attained within the aforementioned ten (10) days, the
Employer shall terminate said employee.
6. The Employer agrees not to subcontract work performed
by Guild members to non-Guild personnel without the
written agreement of the Guild.
Section C. Union Officials' Time Off.
1. 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
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reasonable notification is given. Representatives assigned
to graveyard shift may be released by 2300 hours with
supervisor's approval when necessary to attend such
meetings.
2. 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.
3. The Employer retains the right to restrict time off under
subsections 1 and 2 if an emergency exists or when such
time off would unreasonably impact department
operations.
Section D. 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
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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. 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.
ARTICLE 3 - EMPLOYMENT PRACTICES
Section A. 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:
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
2. Probationary Employees (first appointment) — in reverse
order of seniority; the one with the least seniority being
laid off first.
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3. Non-Supervisory Regular Employees - in reverse order of
seniority; the one with the least seniority being laid off
f i rst.
4. Supervisors — In the event it becomes necessary to reduce
the number of employees of supervisory rank, the
following shall occur:
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.
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.
Section B. 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
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Agreement shall be construed to require the Employer to fill
any vacancy.
Section C. Personnel Files.
1. 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
both the Employer and the employee; 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. Such papers shall also be made available to the
elected or appointed officers of the Guild at the request of
the affected employee.
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 is placed in the file.
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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 expunged from the personnel files after
a maximum period of five years 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 although such files
may not be used in discipline and discharge cases if they
could not otherwise be retained in personnel files
pursuant to this section.
Section D. 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
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step in the salary range which he/she occupied at the time of
the original reduction.
Section E. 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.
Section F. Non-Discrimination. The Employer and the Guild
agree that neither shall unlawfully discriminate against any
person because of race, color, religion, sex, age, marital status,
national origin, or physical, mental, or sensory handicaps 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.
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ARTICLE 4 - HOURS OF DUTY
Section A. 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 1, 2, and 3 below.
1. Commissioned employees attached to the Patrol
Operations Division shall work three (3) consecutive days
on followed by three (3) consecutive days off (3-3 twelve
(12) hour schedule). For Section 7(k) purposes under the
Fair Labor Standards Act, the work period (FLSA, 29 U.S.C.,
207)(k) shall be twenty-four (24) days beginning on
January 2, 2003 and every twenty-four (24) days
thereafter, 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
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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.
2. Motorcycle Officers assigned to the Patrol Services
Division, and Detectives assigned to the Investigations
Division shall work four (4) consecutive ten (10) hour days
followed by three (3) consecutive days off.
3. School Resource Officers (SRO) shall work nine (9) hours a
day on four (4) days a week, and one additional eight (8)
hour day every other week. Under this schedule, these
employees get either a Monday or a Friday off every other
week, in addition to their normal weekend off.
Employees assigned to the Special Operations Division
(SOD) shall work two consecutive ten (10) hour days
followed by two 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
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Act requirements, the work period (FLSA 29 U.S.C., 207(k)
shall be twenty-eight (28) days beginning on the first pay
period after adoption of this agreement and every twenty-
eight (28) days thereafter. SOD work days will be Tuesday
through Friday with the ability to flex days and hours as
needed.
4. The above work schedules may be changed by mutual
agreement between the Guild and the Chief of Police.
5. 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.
Section B. 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.
1. 3/3 Twelve (12) Hour 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
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excess of twelve (12) hours in any twenty-four (24) hour
period inclusive of lunch period.
2. Employees required to work on any regular 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.
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. Employees may not accumulate less than fifteen (15)
minute increments of overtime.
Section C. 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 section 4.13. 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.
1. Three (3) hours for any court or related hearing located in
Renton.
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2 Four (4) hours for any court or related hearing outside the
City of Renton.
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 Two (2) hours for any other unspecified overtime including
in-person meetings with the prosecutor's office or defense
counsel.
5. Where 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, the court minimum will be
eight (8) hours.
Section D. 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 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.
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In December of each year, the Employer has the option of
purchasing all or part of compensatory time accumulated by
employees.
Section E. Early Release.
1. Employees working the 3/3 twelve (12) hour schedule who
are required to report to work for any reason other than
in-service training between two 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 3/3 twelve (12) hour 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 the 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 16 hours in a
workday.
2. Personnel called out for investigations, prior to the
beginning of their normal 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
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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.
Section F. 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.
Section G. Compensation for Training.
1. The Employer shall have a reasonable obligation to
attempt to schedule training during the employee's
regular shift.
2. 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
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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 313)
shall be relieved of duty the shift preceding the day
of training, if the training is scheduled for eight (8)
hours or more.
3. Training on employee's scheduled day off:
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), Crisis Communications Unit (CCU), and Civil
Disturbance Unit (CDU) agree to shift adjust (or "training
trade days(s)") 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(s), then the Employer shall either deny the training,
or compensate the employee at the overtime rate.
Training trade days not associated with these three
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assignments must be mutually agreed upon and
completed within the FLSA work period.
4. 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.
5. Per diem*: Members shall receive per diem as follows:
(a) $8 for Breakfast; $12 for Lunch; $17 for Dinner
i. If at any time during this contract period, the
City policy reflects a higher allowed per diem
amount, the higher amount will be
implemented.
(b) Members will receive the full per diem regardless
of what they actually spend.
(c) Receipts are not required to receive the per diem.
(d) Per Diem may be paid in advance.
(e) If a meal is included as part of a conference or
seminar registration, the per diem amount for that
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meal is deducted from the daily rate (for example,
per diem less lunch: $37.00 - $12:00 = $25.00).
*At the expiration of this contract, per diem will be paid
only when overnight travel is required.
Section H. 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.
Section I. 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.
Section J. In-Service Training. Employees shall be
compensated at the straight time rate for up to 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.
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Section K. K-9 Teams.
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).
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.
3. K-9 officers will attend briefings on occasion at the
beginning of their shift.
ARTICLE 5 - SALARIES
Section A. The Employer agrees to maintain salaries in
accordance with the attached Appendix A.
Section B. 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.
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ARTICLE 6 - ALLOWANCES AND PREMIUMS
Section A. Clothing Allowance.
1. Beginning January 1, 2011, the following employees shall
receive $550.00 per year as clothing allowance:
a. Employees assigned to Investigations Division
b. Employees assigned to Special Enforcement Team
c. Training Officers assigned to Administrative Services
Division
d. Administrative Services Division Sergeant
e. Traffic Accident Investigator assigned to Patrol
Services
2. 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 paid in January of each year by separate
check, and is subject to pro-rata deduction from the final
paycheck in the event the employee does not serve the
entire twelve (12) months for which such payment was
made, 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.
3. It is agreed that all equipment and clothing issued by the
City of Renton shall remain the property of the Employer
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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.
4. 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.
Section B. 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:
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.
2. Optional uniforms and equipment may be purchased by
the employees at their own expense.
3. Required and optional uniforms and equipment shall be
replaced without cost to the employee when they become
unserviceable.
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Section C. Uniform Cleaning.
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.
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.
3. This is based upon agreement that the cost for uniform
cleaning shall not exceed $14,000 per calendar year
divided by the current number of employees assigned to
wear police uniforms (as opposed to plainclothes).
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.
Section D. Hazardous Duty Pay. Hazardous duty pay in
addition to regular pay shall be granted to certain employees in
accordance with the following schedule:
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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.
2. Crisis Communication Unit — Members assigned to the
Crisis Communication Unit will be paid at the rate of
double-time with three (3) hours minimum when called to
an emergency situation requiring their expertise.
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.
Section E. Premium Pay. Premium pay in addition to regular
pay shall be granted to certain employees in accordance with
the following schedule:
1. Detective 3.0% per month
2. Traffic Assignment 3.0% per month
3. Canine Officer 3.0% per month
4. Corporal Assignment 7.5% per month
5. Training Officer 3.0% per month
6. Bicycle Officer* 3.0% per month
7. SWAT Assignment 4.0% per month
8. SRO Assignment 3.0% per month
9. Field Training Officer 4.0% per month**
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10. Employees assigned to a 3/3 twelve (12) hours shift
or a 2/10-2/11 hour shift shall receive a schedule
adjustment pay of 5.24% of base wage per month.
This schedule adjustment pay reflects the addition of
109 hours worked per employee (2,189 total hours
per year).
* The Bicycle Officer premium listed above shall be
paid to the one (1) current member of Bicycle patrol.
At the conclusion of that Officer's current four-year
assignment, the full-time Bicycle patrol premium will
no longer exist. Officers temporarily assigned to
Bicycle patrol will receive the premium only during
those times when actually assigned, i.e. fair weather
months, special emphasis projects, etc.
** The increase to the FTO Premium will be effective
January 1, 2011.
11. 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 entry-level 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.
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b. The testing dates/times shall be posted on or
before February 1St of each year.
Employees who comply with the above shall be
compensated with 3.0% of base pay in the form of
deferred compensation.
12. 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 and Union agree that no more than six (6)
certified interpreters shall receive bilingual
compensation at any one time. Should there be
more than 6 employees who qualify as certified
interpreters under this provision, the City will
determine who is to receive the premium based on
proficiency (test scores) and the need for the
employee's particular language skill.
Section F. 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.
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Section G. 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
Section A. Sick Leave.
1. Effective January 1, 2011, Commissioned officers shall
accrue sick leave at the rate of ten (10) hours per month
with a maximum accumulation of one hundred six (106)
days (1060 hours). 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.
2. The Employer will cash out at the rate of 50% all annual
sick leave accrued (but not used) over 620 hours, by
December 31 of each year for employees submitting a
written request to do so. These amounts, by employee
request, may either be placed into deferred compensation
accounts selected by the Employee and Employer by the
close of the first pay period following December 31 of each
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year, provided, however, there will be no cash out in the
years 2011 and 2012. If approved by the I.R.S. employees
may shift dollars from annual sick-leave cash out to pay
pre-tax medical premiums. Changes to this paragraph
shall take effect January 1, 2011.
3. Cash payment for sick leave accrued in accordance with
subsection 2 will not be made upon an employee's death,
retirement, or voluntary separation.
4. Employees shall be entitled to utilize 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.
Section B. Funeral 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 funeral
leave shall not be considered sick leave.
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Section C. LEOFF II On-the-Job Injury (0.111) Benefit.
Effective January 1, 2011, all LEOFF II personnel will receive up
to six (6) consecutive 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) consecutive
calendar months.
1. The coverage begins the first day or shift of time loss.
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) consecutive calendar months
or less.
3. No Personal Leave can be used during the six (6)
consecutive calendar month period.
4. Employees that are released by their physician to
work light duty shall inform their supervisor of the
release within 24 hours. Any light duty performed
during the period of disability will not extend the
period of the six (6) consecutive calendar months.
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) consecutive calendar months; or,
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c. During the six (6) consecutive 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.
Reimbursement Checks from the Third Party Administrator
(TPA) sent to an individual must be submitted to the City of
Renton within 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.
Section D. Employees shall accrue sick leave at the rate of ten
(10) hours per month consistent with Section A above. For each
day off taken as sick leave, the employee will use the number of
hours scheduled to be worked.
Section E. 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
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this light duty requirement if under the advice of his/her
physician.
Employees assigned to patrol who are working the 3/3 twelve
(12) hour schedule, shall stay on a 12 hour schedule and will
retain their schedule adjustment pay of 5.24%. However, their
actual hours of duty may change to better utilize their skills in a
light duty assignment.
ARTICLE 8 - HOLIDAYS
Section A. The following days shall be observed as legal
holidays:
1. January 1 (New Year's Day)
2. Last Monday in May (Memorial Day)
3. July 4 (Independence Day)
4. First Monday in September (Labor Day)
5. November 11 (Veteran's Day)
6. Fourth Thursday in November (Thanksgiving)
7. The Friday following the fourth Thursday in November
(Day after Thanksgiving)
8. December 25 (Christmas)
9. 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
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Sunday, the two working days following shall be observed
as holidays.
10. Any other day proclaimed by executive order and granted
to other City employees.
Section B. Any employee who works the following listed
holidays shall be paid double his/her rate of pay for hours
worked (midnight to midnight).
1. Thanksgiving Day
2. 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,
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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".
ARTICLE 11 — PERSONAL LEAVE
Section A. Accrual of Personal Leave. Employees shall accrue
paid personal leave time in accordance with the following
schedule whenever they are on paid employment status:
"Le 610, of Serve Hours/Month
Accra'al
0 through 5 years 16
6 through 10 years 20
11 through 15 years 22
16 through 20 years 24
21 and subsequent 26
years
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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.
Section B. Personal leave Time shall be subject to the
following rules:
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.
2. For the purpose of this Article, "actual service" shall be
determined in the same manner as for salary purposes.
3. Employees, who are laid off, retired, dismissed, or who
resign shall be paid for all accrued but unused personal
leave time.
4. on the death of an employee in active service, pay will be
allowed for any personal leave earned and not taken prior
to the death of such employee.
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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.
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.
7. In the event that an employee becomes ill or injured while
he/she is on personal leave, and it can be established by
the employee that the employee is incapacitated due to
the illness or injury, the day or days that he/she is sick
under these circumstances shall be carried as sick rather
than personal leave, and he/she will for all purposes 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.
Section C. Scheduling and Using Personal Leave Time. The
following rules shall govern the scheduling and usage of
personal leave time.
1. The minimum personal leave allowance to be taken by an
employee shall be one (1) hour.
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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.
3. The employee's request for time off shall be approved or
denied within eight (8) days of submitting the request on
the proper form. 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 4.a below) to have
been submitted on January 14 of that year.
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
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have precedence. Seniority shall be determined
according to Article 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.
Section D. 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.
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.
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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.
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.
4. The Employer agrees not to cancel an approved vacation
bid except in the event of an extreme emergency
condition.
5. For purposes of this section, "penalty" shall refer to the
overtime pay provisions of Article 4.
Section E. 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
Section A. Employees shall receive premium pay for longevity
in accordance with Appendix B of this Agreement.
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Section B. Longevity allowances shall be payable on the first
payday following the anniversary of the employee.
Section C. 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
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
Employee's Healthcare Plan.
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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.
Section A. Health Insurance
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; Firefighters —
864; 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.
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.
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3. Premiums
For the calendar years 2010 through calendar year 2015
the total cost of the plan shall be divided as follows:
City ` El IOY ees
2010 96% 4%
2011 96% 4%
2012 95% 5%
2013 94% 6%
2014 93% 7%
2015 92% 8%
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+
4. Projected Costs
In August of each year the REHBT will meet to review the
actual costs of the Plan from July 1st of the previous year
through June 30th of the current year. The actual cost
together with any projected increase to the REHP shall be
used by the REHBT to determine the total premium cost
for the following year.
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S. Group Health Coverage
Bargaining unit members that chose to be covered by
Group Health insurance will be required to pay the
premium cost of the self-funded plan plus any additional
premium cost above the self funded plan.
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,
i.e. the Firefighter Union has two (2) bargaining units but
only receives one (1) vote on the REHBT, and 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; Firefighters -864;
Police Guild; and the City for a total of four (4) votes.
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 fife of this agreement.
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.
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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.
Section B. 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.
Section C. 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.
Section D. COBRA
When an employee or dependent's health care benefits ceases,
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.
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Section E. LEOFF II Disability
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.
Section F. 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.
Section G. 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
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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 E. 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.
Section H. 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.
ARTICLE 15 — TECHNOLOGY
A. 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
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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.
B. Notice of the review must be provided to the subject officer
and the Renton Police Officers Guild (Guild), and the officer
must be given the opportunity to be present with Guild
representation during the review. An in-car video review log
will be kept and must be accessible to the president and
vice-president of the Renton Police Officers' Guild. The log
must include the date, time, reviewing supervisor, and the
articulable reason for the review.
C. The Department may use recorded imagery as evidence in
an official Department investigation provided the imagery is
of a specific incident as outlined in Paragraph A.
ARTICLE 16 - BILL OF RIGHTS
Section A. The Employer retains the right to adopt rules for the
operation of the Renton Police Department and the conduct of
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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.
Section B. Bill of Rights.
1. 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 Officers' Guild shall be
entitled to the protection of what shall hereafter be
termed as the "Police Officers' Bill of Rights".
2. Non-probationary employees who become the subject of
an internal investigation shall be advised in writing at least
24 hours prior to the interview that he/she is suspected
of:
a. Committing a criminal offense;
b. Misconduct that would be grounds for termination,
suspension, or other disciplinary action; or
C. That he/she may not be qualified for continued
employment with the Department.
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3. Any employee who becomes the subject of an
investigation may have legal counsel or a Guild
representative present during all interviews. 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. In
any investigation that may lead to discipline, the employee
is entitled to have Guild representation to the extent
permitted by law.
4. 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. General Order 52.1.1 will
govern the assignment of investigations (see Appendix C).
5. The employee shall be informed in writing as to whether
he/she is a witness or suspect. If the employee is a
suspect, he/she shall be appraised in writing of the
allegations of such complaint 24 hours before any
interview commences. Allegations are defined for the
purpose of notification as the specific General Orders in
violation. General Order 52.1.6 shall govern the
notification process (see Appendix C).
6. 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.
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7. The employee or Employer may request that a formal
investigation interview be recorded, either mechanically
or by a stenographer. 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.
8. 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.
9. All interviewing shall be limited in scope to activities,
circumstances, or events which pertain to the employee's
conduct or acts which may form the basis for disciplinary
action under one (1) or more of the categories contained
in Item 2 herein.
10. 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
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abusive or offensive language or intimidation in any other
manner. No promises or rewards shall be made as an
inducement to answer questions.
11. Upon the completion of the investigation and upon
request, a copy of the entire file shall be provided to the
employee.
12. 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 D).
13. 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.
14. Should any section, sub-section, paragraph, sentence,
clause, or phrase in this Article be declared
unconstitutional or invalid, for any reason, such decision
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shall not affect the validity of the remaining portions of
this Article.
15. 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. Investigations of members by the Employer shall be
completed in a timely manner with a goal of completion
within 30 days.
Section C. Drug And Alcohol Testing.
1. 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.
2. 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).
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3. 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.)
a. Drug Testing
i. An initial drug screen shall be performed using
the Immunoassay (IA) method.
ii. Any positive results on the initial drug-screening
list shall be confirmed through use of Gas
Chromatography/Mass Spectrometry.
iii. 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).
iv. 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.
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b. 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.
C. Confirmation of Test Results
i. 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.
ii. 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.
iii. 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.
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ARTICLE 17 - MANAGEMENT RIGHTS
Section A. 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.
Section B. Subject to the provisions of this Agreement, the
Employer reserves the right:
1. to recruit, assign, transfer, and promote members to the
positions within the Department;
2. to suspend, demote, discharge, or take other disciplinary
action against members for just cause;
3. to 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;
4. to determine methods, means, and personnel necessary
for departmental operations;
5. to control the department budget;
6. to take whatever actions are necessary in emergencies in
order to assure the proper functioning of the Department;
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7. to determine classification, status, and tenure of
employees; and
8. to 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.
Section A. Definitions.
1. Grievance: Any issue relating to interpretation,
application, or enforcement of any provision contained in
this Agreement.
2. Issue: Any dispute, complaint, problem, or question
arising with respect to working conditions or employer-
employee relations of any nature or kind whatsoever.
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3. Guild Representative: A Guild member designated by the
Guild President as a bargaining representative.
Section B. 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.
Ste 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.
Ste 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
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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.
Ste 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.
Ste 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.
Ste 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
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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.
Section C. 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. Likewise, if an
employee files litigation in any other legal forum, including Civil
Service, that employee may not grieve said discipline and any
grievance previously filed shall be deemed withdrawn and any
remedies previously granted shall be void.
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the purpose of arriving at a mutually satisfactory replacement
or modification of such Article held invalid.
Section B. 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, lay offs, 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, lay
offs, 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.
Section C. 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.
Section D. In case of any merger or consolidation by the
Employer with another governmental agency, either party shall
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have the right to reopen this Agreement for negotiation of any
positions affected by the merger or consolidation.
Section E. 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 19, 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
Section A. 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.
Section B. 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.
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r
janelle Tarasewicz, Human
Resources Analyst
ATTEST:
Bonnie I. Walton, City Clerk
Approved as to legal form:
Lawrence J. Warren, City
Attorney
;.tea...•^r .
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APPENDIX A
SALARIES
Section A - Salary Schedule.
1. Effective January 1, 2010, the base wages for all positions
in the bargaining unit shall be the same as the wages in
place in 2009.
2. Effective January 1, 2011, base wages shall be increased by
1% above the wages in place in 2010.
3. Effective January 1, 2012, the base wages shall be
increased by 2.5% above the wages in place in 2011.
The following salary schedule is effective January 1, 2010, for
employees hired on or after the effective date of this
Agreement.
(1asi� ati�f ' Staff 36 48
F x
y lar tfas �r nth cent s Months
Police Sergeant $6953 $7301
Patrol Officer $4518 $4900 $5286 $5664 $6046
Section B - 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.
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Section C - Deferred Compensation.
1. 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.
2. In exchange for savings realized through modifying the
salary scale, effective January 1, 1997, the Employer shall
contribute one and one-half percent (1.5%) of the
employee's base wage into the employee's deferred
compensation plan.
3. The combined deferred compensation contribution from
Sections B and C of this Appendix shall be 3.0%
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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
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
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APPENDIX C
SUBJECT: INTERNAL AFFAIRS - ADMINISTRATION
This order consists of the following numbered sections:
52.1.1 Complaints - Investigation
52.1.2 Internal Investigations — Records Keeping
52.1.3 Internal Investigations — Direct Access to the Chief of
Police
52.1.4 Registering Complaints - Procedures
52.1.5 Internal Investigations — Annual Summary
52.2.1 Complaints - Assignment
52.2.2 Complaints — Notifying the Chief of Police
52.2.3 Complaint Investigations — Time Limits
52.2.4 Complainant Notification — Status of Investigation
52.2.5 Complaint Investigation — Notification of Allegations
and Rights
52.2.6 Complaint Investigation — Conditions for Additional
Investigation
52.2.7 Internal Investigations — Relief from Duty
52.2.8 Internal Investigations - Conclusion of Fact
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52.1.1 Complaints - Investigation
I. All complaints against the agency or its employees,
,including anonymous complaints, will be investigated. The
function of Internal Affairs is to ensure that the integrity of
the Renton Police Department is maintained through an
internal system. Objectivity, fairness, and justice are
assured by intensive and impartial investigation and
review to clear the innocent, establish guilt of wrongdoers,
and facilitate fair, suitable, and consistent disciplinary
action.
52.1.2 Internal Investigations — Records Keeping
I. The Renton Police Department investigates and maintains
records of all complaints made against the Department
and its employees. These records shall be maintained
securely, ensuring that the confidentiality of these records
is protected.
A. The Administrative Secretary maintains a complaint
log of all formal complaints, which is maintained by
the office of the Chief of Police.
B. Supervisory and Command personnel are responsible
to securely maintain appropriate records of all
informal complaints.
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52.1.3 Direct Access to Chief of Police
I. The Operations Bureau Deputy Chief is responsible for the
Internal Affairs component, and reports directly to the
Chief of Police.
52.1.4 Registering Complaints - Procedures
I. The Renton Police Department will make available to the
general public the Police/Citizen Complaint form
(RPD073). The form may be obtained from any
supervisory or command officer or at the Front Counter.
II. The form will briefly describe the responsibilities of the
complainant and the investigation process.
III. All employees will be furnished a copy of the General
Orders and should make themselves aware of the
provisions.
52.1.5 Internal Investigations - Annual Summary
I. The Deputy Chief will compile an annual statistical
summary report based on the records of Internal Affairs
investigations. Copies of the statistical summary will be
disseminated to the Chief of Police for appropriate
distribution, including the Accreditation Files. The report
will be made available through the Chief of Police to the
public, City officials and Department employees upon
request.
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52.2.1 Complaints - Assignment
I. The Chief of Police is responsible for the Internal Affairs
function, delegating responsibility to the Operations
Bureau Deputy Chief. The Operations Bureau Deputy
Chief is responsible for:
A. Recording, registering, and controlling the
investigation of complaints against department
members:
1. Upon receipt of a complaint, the Deputy Chief
will review the complaint, enter the complaint
in the Complaint Log and obtain a log number,
check the Complaint Log for any similar
complaints and notify the Chief of Police of the
allegations.
2. The Deputy Chief will determine if the
investigation is to be handled by the principal
member's supervisor or other departmental
personnel with specific expertise relating to the
allegation. In the case of a criminal allegation,
the Chief of Police will determine if the
investigation is to be assigned to the
Investigations Division or elsewhere.
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B. Supervising and controlling the investigation of
alleged or suspected misconduct within the
department.
1. Deputy Chief will assign complaints and
allegations of misconduct for investigation;
2. Division Commanders will ensure investigations
are promptly adjudicated to ensure the integrity
of the department and its members;
3. When the investigation is completed, it will be
forwarded to the appropriate chain of
command for staff review.
C. Maintaining the confidentiality of the internal affairs
investigation and records:
1. The Administrative Secretary will maintain the
Complaint Log and Investigation Files,
permitting no access to them, except as
authorized by the Chief of Police.
II. The following types of investigations may be conducted as
part of an Internal Affairs function:
A. Informal investigation may be conducted on
complaints determined to be informal primarily
based upon the nature and complexity of the
allegation(s). Incidents that are of a less serious
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nature should be reported to the member's division
commander in a timely manner, which would
normally be within 24 hours, except on weekends.
Informal Investigation:
1. May be conducted on less serious allegations of
misconduct where the supervisor or command
officer has the option to handle the complaint
at the lowest level of supervision;
2. May be conducted on complaints in which the
complainant does not wish to sign a formal
complaint.
3. Examples of complaints that may be classified as
informal include but are not limited to:
a. Failure to take proper police action;
b. Slow or no response;
C. Poor demeanor.
B. Formal investigations are determined to be formal
primarily based upon the nature and complexity of
the allegation. Formal complaints against employees
will be directed immediately to the member's
division commander or manager via the chain of
command. Division Commanders will notify the
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Deputy Chief who will forward the complaint to the
Chief of Police.
Formal Investigation:
1. Will be conducted on all signed Police/Citizen
Complaints;
2. Will be conducted on serious allegations of
misconduct;
3. Examples of complaints or allegations that may
be determined as formal include but are not
limited to:
a. Allegations of violations of law;
b. Allegations of brutality of misuse of force;
C. Civil rights violations.
C. Formal investigations will be reviewed by those
responsible for the Internal Affairs function, the
Deputy Chief and the Chief of Police. Review of
informal investigations is the responsibility of the
respective supervisor of the person investigating the
complaint.
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III. Investigation - The primary responsibility for the proper
completion of investigation of all allegations of employee
misconduct lies with the Deputy Chief.
A. As a general policy, all informal investigations are
handled by the line supervisor. Any formal or
informal complaints or inquiries may be investigated
by a line supervisor.
B. The individual assigned as the investigator will be one
of the following persons:
1. The accused employee's supervisor;
2. A member of the Investigations Division;
3. Anyone else the Chief may designate.
C. The investigating officer will commence his
investigation on the basis of the complaint.
1. If during the investigation of the initial
complaint it is disclosed that other misconduct
may have taken place, this misconduct will also
be investigated, reported upon, and
adjudicated.
2. The investigator assigned will investigate and
report all aspects of the case in a manner which
is fair and impartial to all persons.
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3. The investigator will be responsible for
informing the Division Commanders of the
continuing developments in the investigation to
determine whether to:
a. Retain the accused employee in current
assignment;
b. Excuse the accused employee from duty;
C. Assign the accused employee to some
other duty where there is close supervision
and limited contact with the public or
other police personnel.
4. The investigator will complete the investigation
and submit the report in a timely manner with a
goal of completing the process within the 30-
day limit.
D. The investigator's final report to Internal Affairs for
informal investigations will be completed in
accordance with General Order 52.1.3.
E. The investigator's final report to Internal Affairs on
formal investigations will contain:
1. A written summary report which includes:
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a. The Internal Affairs number;
b. The nature of complaint;
C. The name(s) of employee(s) involved;
d. The allegations summary (concise, but a
complete synopsis of the allegations);
e. Investigation - including a chronological
summary of the investigation;
f. Findings of fact - including, by numerical
listing, a summary of findings of fact.
2. Statements - interviews and letters of
employees, citizens, and witnesses;
3. Reports - copies of all related reports;
4. Correspondence - copies of any memos or
formal letters related to the investigation.
IV. Staff Review of Internal Affairs Investigations
A. After the investigation of formal complaints is
completed, the case file will be forwarded to the
involved employee's chain of command for staff
review.
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B. The first line supervisor will review the case, make his
disposition and penalty recommendations, when
applicable, and forward the file to his Division
Commander for review.
C. The Division Commander will review the case, make
the recommendations, and forward the file to the
Deputy Chief.
D. The Deputy Chief will review the case, make
recommendations, and forward the file to the Chief
of Police for final review and final adjudication.
E. The final disposition of each allegation in a complaint
will be classified in one of the ways outlined in
General Order 52.2.8.
F. Upon approval of the Chief of Police, the Internal
Affairs' assigned component will send a letter to the
reporting party, and notify the employee through the
chain of command as to the disposition.
G. The completed investigation will then be considered
closed, and filed numerically.
52.2.2 Complaints - Notifying the Chief of Police
I. All complaints against the department or department
personnel shall be directed to the member's division
commander or manager via the chain of command.
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Division commander and manager will notify the Deputy
Chief when such complaints are brought to their attention.
The Deputy Chief will, in turn, forward to the Chief of
Police information about the complaint and how it was
received.
52.2.3 Complaint Investigation - Time Limits
I. To achieve a speedy resolution to internal affairs issues, an
Internal Affairs investigation will generally be completed
within 30 days. A verbal status report will be given to the
Chief of Police at least weekly.
II. In cases where extenuating circumstances exist, the time
limit may be extended by the Deputy Chief with approval
of the Chief of Police.
52.2.4 Complainant Notification of Status of Investigation
I. The Renton Police Department will keep the complainant
informed concerning the status of a complaint.
A. Complainants signing a formal complaint form
(RPD073) will be furnished a copy of the complaint
form. The form briefly describes the responsibilities
of the complainant and the actions to expect of the
Renton Police Department.
B. Periodic status reports will be communicated to
complainants signing a formal complaint, although
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the degree of specificity of the status report is at the
discretion of the investigator;
C. A letter approved and signed by the Chief of Police
will be sent to the complainant informing him/her of
the final disposition of their formal complaint.
52.2.5 Notification of Allegations and Rights
I. Affected employees who become the subject of an
internal affairs investigation will be notified in writing:
A. That they have become the subject of an internal
affairs complaint;
B. The allegation(s) against the employee;
C. The employee's rights and responsibilities relative to
the investigation.
II. The principal member of the investigation will be furnished
a copy of the complaint. Affected employees will be
afforded all protections under State law, Civil Service, City
Ordinance, and the Officer's Bill of Rights as agreed upon
between the City of Renton and the Renton Police Guild.
52.2.6 Conditions for Additional Investigation
I. Evidence collection for investigations involving Renton
Police Department employees will be conducted in
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accordance with state law, and the current applicable
labor agreement between the City of Renton and the
Renton Police Officer's Guild.
II. Additional investigation may be required during the
course of such investigation. The following may be
requested of the principal department member upon the
approval of the Chief of Police or his designee:
D. Medical or laboratory examinations;
E. Photographs of the affected employee(s);
F. Directing the employee to participate in a lineup;
G. Requiring an employee to submit financial disclosure
statements, records;
H. Use of instruments for the detection of deception,
including polygraph.
52.2.7 Internal Investigations - Relief from Duty
I. Supervisors or command officers may temporarily relieve
an employee from duty with pay, under the following
circumstances:
A. The employee is unfit for duty due to physical or
psychological reasons (i.e. intoxication, etc.).
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B. Supervisors or command officers may temporarily
relieve an employee from duty, with pay, in response
to serious performance related issues, or actions
pending disposition of an internal affairs
investigation.
II. An employee relieved from duty will be required and
directed to report to the Deputy Chief, or his designee, at
0900 hours the next day. The supervisor or command
officer relieving the employee from duty will also report to
the Chief of Police with all the necessary reports. The
Deputy Chief with the approval of the Chief of Police may
extend the relief from duty as required by the
circumstances.
III. In all cases where an employee is relieved of duty under
this General Order, the employee's Supervisor, Division
Commander, Deputy Chief, and CDO (Command Duty
Officer) will be notified as soon as possible.
52.2.8 Internal Investigations - Conclusion of Fact
I. An assessment of each allegation of employee misconduct
shall be made and classified as one of the following based
on the factual findings of the investigation:
A. Exonerated - The alleged act occurred, but was
justified, legal and proper;
Page 85 of 93
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Police Commissioned Contract
2010- 2012
1. Proper conduct - The allegation is true. The
action of the agency or the employee was
consistent with agency policy, and the
complainants suffered no harm;
2. Policy Failure - The allegation is true, though the
action of the agency or the employee was
consistent with agency policy. The complainant
suffered harm.
B. Sustained - The accused employee committed the
allegation of misconduct.
C. Not Sustained - The investigation produced
insufficient information to clearly prove or disprove
the allegation.
D. Unfounded - The alleged act did not occur.
E. Misconduct not based on the original complaint - This
is used to indicate the discovery of sustained acts of
misconduct that were not alleged in the original
complaint. The new allegations are investigated
under the same procedures.
Page 86 of 93
APPENDIX D
hereby release Dr.
To provide the following medical information to my employer. In
accordance with sections 102(c)(B), 102(c)(C) and 102(c)(4)(C) of
the Americans with Disabilities Act, the above-named doctor is
required to maintain all medical records in association with the
examination of me on separate forms and in separate medical
files and must treat those records as a confidential record with
the following exceptions:
W The above—named doctor may advise my employer
(' regarding:
a
WPsychological or physical fitness to perform all the essential
functions of my current job classification;
J
Q
U
o If unable to perform all those functions, the duties that I am able
LU
to perform and which duties I am not able to perform;
0
X If unable to work at this time, when I can reasonably be expected
o to return to work at my regular duties;
z
W
a
n. Any necessary restrictions on my work or duties;
Q
Any necessary accommodations which may be required to allow
me to perform the essential functions of my current job
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 records than the Americans with Disabilities
Act allows, and the examining physician is instructed accordingly.
PATIENT DATE
Police Commissioned Contract
2010 - 2012
APPENDIX E
Memorandum of Understanding
Between
The City of Renton(CITY)
And
Renton Police Officer's Guild(GUILD)
RF: Commissioned Extra-Dutv Rate
The City of Renton and the Renton Police officer's Guild are parties to a 2009 collective baTgaining 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,
'yI-je parties have agreed to change the extra-duty employment rate listed in the CBA in Articie 14,Section 6,
'Llic-'1009 CBA,as signed,provides in Article 14,Section G as follows:
In order to ensure that officers who engage in extra-duty,cniplo-,meut as Renton Police Officers,have
adequate liability coverage,the City will pay officers'So employed at the rate of time and one half I-or
top step patrol officers for such employment.
The parties agree to amend thv,section quoted above to read as ftillo •s:
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 employer-,$44.50 per hour for general
security work,and$53.40 per hour for higher-risk-work. Examples of higher-risk work 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$37.71 per hour for general security work-,and$45.25 per hour for higher-
risk-work-,
The language of this amended section shall commence on July 31",2009.
The CBA is not amended or modified in any manner except as set forth in this MOU,
1-5 1� _Tq L�� -
day of 2009,at Renton,Wasbinmon
Si,mcd this I
CIT)'OF RE NTON RENTON POLICE.GiU ILD
jo-evich Mark Colettan
Chief [Police President
..........
Nancy- Carlso Administrator
Human Resources&Risk Maiiagenient
Page 88 of 93
(W� J
Police Commissioned Contract
2010- 2012
INDEX
Christmas........................ 34.135
A Civil Disturbance Unit .....20, 27
Accreditation Premium.........68 Civil Service.4, 9, 12, 50, 61, 64,
Accrual of Personal Leave.....36 83
actual service........................37
Civil Service.Commission ......61
alcohol ...................... 54155, 56 cleaning .................... 23, 25, 26
allowance ....................... 24, 38 clothing allowance................24
allowances................ 22,036, 42 COBRA ..................................46
Appendix A ...........................23 commercial cleaning.............26
Appendix B .....................36, 41 Compensation for Training ...19
Appendix C ..................... 51, 71 compensatory time ........ 17, 18
Appendix D .....................53, 87 complaints ....72, 74, 75, 76, 77,
Appendix E......................48, 89 78, 80, 81
application...................... 10, 58 Consolidated Omnibus Budget
arbitration ................ 60, 61, 62 Reconciliation Act..............46
B
corporal ................................23
Corporal Assignment ............27
Bicycle Officer................. 27, 28 Court minimums...................16
Bill of Rights.................... 50, 83 criminal defense
Buyback ................................37 criminal offense....................50
C Crisis Communication Unit ...27
Crisis Communications Unit..20
Cancellation of Scheduled
Leave D
Canine Officer.......................27 deferred compensation . 29, 30,
cash payment .......................17 68, 69
CCU.......................................20
CDU ................................20, 27
Page 89 of 93
Police Commissioned Contract
2010 - 2012
department contracted extra- F
duty law-enforcement Fair Labor Standards Act 13, 15,
employment ......................47 65
dependent ............................46 Fair Practices Policy 12
dependents ....................42 43 False arrest 47
Detective ..............................27 Field Training 27, 49
direct deposit .......................63 FLSA.........13.8 15, 21, 22, 48, 65
disability ............. 32, 33, 37, 47 Formal investigations .....76, 77
disability insurance policy.....47 funeral leave.........................31
discipline..11, 50, 51, 52, 61, 64
discriminate..........................12 G
discrimination................. 12, 58 General Orders 51, 73
double indemnity .................46 graveyard.............. 7, 17, 18, 20
double time ..........................16 grievance .......12, 58, 59, 60, 61
drug .......................... 43, 55, 56 grievance procedure.............12
Drug And Alcohol Testing .....54 Grievance Procedure ............58
Dues Deduction ......................5 Guild President 4159
.................
Duration of Agreement.........66 Guild representative.. 7, 13, 51,
E 52
Early Release ........................18 H
Education/Longevity.............70 hazardous duty.....................29
Educational Incentive ...........36 Hazardous duty a 26
election of remedies 61 Health Insurance 43
Employment Practices ............8 holidays 34, 35
Entire Agreement .................65 hours of duty 13, 20, 34
examination.............. 10, 29, 88
examinations 53, 84
..................
executive order.....................35 Immunoassay (IA) .................55
Extra-duty Employment........47 Independence Day................34
Informal investigation ..........75
in-service training..... 18, 22, 69
Page 90 of 93
Police Commissioned Contract
2010- 2012
Inspection of Papers .............10 M
insurance plan ......................43 Management Rights 57
Insurances ............................42 Medical Review Officer... 55, 56
Internal Affairs......................71 medical/dental .....................
internal investigation...... 11, 50 Memorial Day.......................34
Internal Investigations... 71, 72, military leave 38
73, 84.085 misconduct ...11, 75, 76, 77, 78,
interpreters ..........................29 85, 86
investigation .11, 49, 51, 52, 53, Motorcycle Officers ..............14
721 73, 741 75, 78, 79, 80, 81, M RO .....................................55
82, 83, 84, 85, 86
Investigations Division ... 14, 24, N
74.178 new positions 23, 29
issue ..............25, 58, 59, 60, 61 New Positions 29
.......................
New Year's Day.....................34
Non-Discrimination...............12
July 4.....................................34 Non-Supervisory Regular
K Employees ...........................9
K-9 ........................................23 O
L OJI...................................32, 33
On-the-Job Injury..................32
L & I ................................32, 33 overtime .16, 17, 18, 19, 20, 22,
Labor Day..............................34 23, 30, 41, 48
lay offs..........64, See personnel Overtime......................... 15, 16
reduction overtime minimums .............18
LEOFF II..................... 32, 33, 47 Overtime Minimums.............16
lethal force ...........................54
life insurance ........................46 P
light duty .................. 32, 33, 34
Pay Days ...............................63
Light Duty Requirement........33 penalty 40, 41, 53, 81
longevity.........................41, 70
Pensions ...............................42
Longevity allowances............42
Page 91 of 93
Police Commissioned Contract
2010 - 2012
per diem .........................21, 22 Renton Employees' Healthcare
Performance of Duty ............62 Board of Trustees ..............42
Personal Leave.......... 32, 37, 38 Renton Employees' Healthcare
personal leave time .. 36, 37, 38 Plan....................................42
personnel files ................ 10, 11 Retention of Benefits............62
Personnel Reduction...............8 Rules and Regulations 9, 50, 64
Physical Fitness.....................28
S
physical fitness test 28
picket....................................62 Salaries ........................... 23, 68
Plain Clothes.........................26 Salary Schedule.....................68
Plan Changes ........................45 Savings Clause ......................63
Preamble ................................4 School Resource Officers ......14
premium ..28, 29, 41, 44, 45, 68 seniority.......8, 9, 13, 14, 39, 64
Premium pay ........................27 Sergeant ..................... 9, 24, 68
premiums 22, 31, 43, 44 Shift assignments..................13
prescription ..........................43 sick leave ............ 30, 31, 32, 33
Probation..............................12 SOD.......................................14
Probationary Employees.........8 Special Operations Division ..14
Special Weapons and Tactics
Q .....................................20, 27
Quartermaster System .........25 SRO ................................. 14, 27
standby.................................19
R strike...............................60, 62
Recognition and Bargaining Supervisors ................. 9, 84, 85
Unit......................................4 supervisory employees
REHBT............42, 43, 44, 45, 46 Supervisory Employees...........9
rehires ..................................11 suspect .................................51
REH P................... 42, 43, 44, 45 SWAT.............................. 20, 27
Reinstatement ........................9
Relief from Duty .............71, 84
T
Renton Employees' Health Plan Thanksgiving...................34, 35
Board of Trustees ..............46 Third Party Administrator.....33
time and one-half..... 15, 16, 30
Page 92 of 93
Police Commissioned Contract
2010 - 2012
time off..6, 7, 17, 31, 39, 40, 41 V
Traffic Assignment................27 Vacancies and Promotions .....9
training ..........16, 19, 20, 21, 22 vacation bids
tuition...................................35 Veteran's Day .......................34
.....................
Tuition Reimbursement........35
vision ....................................43
Uvote ......................................45
Uniform Cleaning..................26 voting ...................................45
Union Membership and Dues W
Deduction ............................5
witness .................................51
Union Officials' Time Off.........6 working out of classification ...7
Union Security ........................5 Working Out of Classification 30
Page 93 of 93