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HomeMy WebLinkAboutContract *We mt CAG-05-181 AGREEMENT By and Between CITY OF RENTON and RENTON POLICE OFFICERS' GUILD REPRESENTING COMMISSIONED EMPLOYEES 2006 - 2008 1 ✓ *r1/` TABLE OF CONTENTS PAGE Preamble ............................................................................................... 4 Article 1 Recognition and Bargaining Unit............................................ 4 Article 2 Union Membership and Dues Deduction................................ 4 Article 3 Employment Practices............................................................ 6 Article 4 Hours of Duty and Overtime................................................... 8 Article5 Salaries .................................................................................. 13 Article 6 Allowances and Premiums..................................................... 13 Article7 Sick Leave.............................................................................. 16 Article8 Holidays ................................................................................. 18 Article 9 Tuition Reimbursement.......................................................... 18 Article 10 Educational Incentive............................................................. 19 Article 11 Personal Leave ...................................................................... 19 Article12 Longevity................................................................................ 22 Article13 Pensions ................................................................................ 22 Article 14 Insurances.............................................................................. 22 Article 15 Bill of Rights ........................................................................... 24 Article 16 Management Rights ............................................................... 28 Article 17 Grievance Procedure ............................................................. 29 Article 18 Performance of Duty.............................................................. 30 Article 19 Retention of Benefits.............................................................. 31 Article20 Pay Days................................................................................ 31 Article 21 Savings Clause ...................................................................... 31 Article 22 Entire Agreement ................................................................... 32 Article 23 Duration of Agreement........................................................... 33 2 Renton Police Officers Guild, Police Commissioned 2006-2008 AppendixA Salaries .................................................................................. 34 Appendix B Education/Longevity Schedule............................................... 35 Appendix C General Order No. 52.1 .......................................................... 36 Appendix D. Medical Release Form .......................................................... 45 3 *A01 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. 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. 4 Renton Police Officer`s' Guild, Police Commissioned 2006-2008 3. Any employee failing to comply with subsections B.1 or B.2 of this Article shall, as a condition of continued 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 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 5 Renton Police Officer Guild, Police Commissioned *Uo� 2006-2008 is not large enough to satisfy the assessments, no deductions shall be made from the employee for that calendar month. All requests to cancel dues deductions shall be in writing to the Employer and require notification to the Guild by the Employer. 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. 3. Non-Supervisory Regular Employees - in reverse order of seniority; the one with the least seniority being laid off first. 4. Supervisors — In the event it becomes necessary to reduce the number of employees of supervisory rank, the following shall occur: a. Corporal reduced to Officer b. 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 shalt 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. 6 Renton Police Office',Guild, Police Commissioned 2006-2008 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 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. 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 7 Renton Police OfficeV Guild, Police Commissioned 2006-2008 rehires said former employee into the same classification to which he/she was assigned at the date of reduction, such employee shall be placed at the same step in the salary range which he/she occupied at the time of the original reduction. 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. 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. a. Shift assignments shall be made by shift bidding by seniority in rank (i.e. a "fixed watch" system). The Employer shall have the right to override the results of shift bidding for legitimate operating concerns such as personality conflicts, balancing seniority, and teamwork considerations or other reasonable basis. The Department agrees to give the Guild the specific reasons for the override in writing upon the request of the Guild, and to allow a Guild representative to be present in meetings in which the assignments are discussed and these decisions are made. The division commanders will be available to speak to individual officers who have questions regarding shift assignment and bid overrides. 8 Renton Police Officers Guild, Police Commissioned `low 2006-2008 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. 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 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. 9 Renton Police Office)t Guild, Police Commissioned `%W 2006-2008 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. 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. 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 10 Renton Police Office`e Guild, Police Commissioned *400 2006-2008 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. This new language shall be in effect for 2006 as a trial period. At the end of the trial period, the Employer has the option to incorporate this language for years 2007 and 2008, or may return to the language as written in the 2003- 2005 collective bargaining agreement. 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 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 3B) 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: 11 Renton Police OfficeV Guild, Police Commissioned 1*400 2006-2008 Employees will be compensated at time and one half for all training scheduled and approved on a day off or consecutive days off with the following exception; Employees assigned to the Special Response Team (SRT), Crisis Communications Unit (CCU), and Civil Disturbance Unit (CDU) agree to shift adjust with at least thirty (30) days notice for all department training associated with the three assignments. If staffing does not allow for a shift adjust, then the Employer shall either deny the training, or compensate the employee at the overtime rate. 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 meal is deducted from the daily rate (for example, per diem less lunch: $37.00 - $12:00 = $25.00). 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 12 Renton Police OfficerVGuild, Police Commissioned `oo, 2006-2008 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. 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. ARTICLE 6 -ALLOWANCES AND PREMIUMS Section A. Clothing Allowance. 1. Non-uniformed commissioned employees shall receive $550.00 per year as clothing allowance. 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. 13 Renton Police Offices Guild, Police Commissioned 1001` 2006-2008 3. It is agreed that all equipment and clothing issued by the City of Renton shall remain the property of the Employer and same shall be returned to the Employer upon termination or retirement. It is further agreed that nothing in this Article shall preclude the Employer from taking any authorized action to maintain the standards of appearance of the Renton Police Department. 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. Section C. Uniform Cleaning. The Employer will provide those employees assigned to wear police uniforms (as opposed to plainclothes) 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. NOTE: 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). 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: 14 Renton Police OfficeGuild, Police Commissioned ..� 2006-2008 1. Special Response Team - Members of the SRT 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 to assist the Special Response Team (SRT). 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. SRT Assignment 4.0% per month 8. SRO Assignment 3.0% per month 9. Field Training Officer 3.0% per month 10. Employees assigned to a 3/3 twelve (12) hours 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). 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. 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 15 Renton Police Officer'' Guild, Police Commissioned 2006-2008 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. 13. Effective January 1, 2008, Sergeants assigned to the Traffic Unit and Investigations will no longer receive the 3% premium as stated above unless they have not been a Sergeant for 24 months prior to 2008. Premiums will remain in effect for Sergeants who were promoted in 2006 or 2007 until 2008 or 2009 depending on the promotion date. 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. 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. Employees covered by LEOFF prior to October 1, 1977, may accrue up to fifteen (15) days of sick leave at the rate of one (1) day per month. For employees assigned to patrol working the 3/3 twelve (12) hour schedule, one (1) day is defined as eight (8) hours. No cash payment shall be made unless and until sick leave benefits are eliminated within the LEOFF System, at which time sick leave accrual shall resume in accordance with the provisions set forth in Section Two (2) herein. 2. Commissioned officers hired after October 1, 1977 shall accrue sick leave at the rate of one (1) day per month with a maximum accumulation of one hundred thirty two (132) days (1056 hours). For employees assigned to patrol working the 3/3 twelve (12) hour schedule, one (1) day is defined as eight (8) hours. Sick leave benefits under this paragraph shall begin upon employment with the award of three (3) days (24 hours) of sick leave. Upon completion of the third month of employment an addition of three days (24 hours) shall be awarded. At the completion of six (6) full months of 16 Renton Police Offices Guild, Police Commissioned *me 2006-2008 employment, the employee shall accrue sick leave at the rate of one (1) day (8 hours) per month. 3. The Employer will cash out at the rate of 50% all annual sick leave accrued (but not used) over 520 hours, by December 31 of each year for employees submitting a written request. 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 year, or if approved by the I.R.S. employees may shift dollars from annual sick-leave cash out to pay pre-tax medical premiums. 4. Cash payment for sick leave accrued in accordance with subsection 2 will not be made upon an employee's death, retirement, or voluntary separation. 5. 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, or family members residing with the employee. Family emergencies shall include the need for an employee to be with his/her spouse and/or family at the time that the employee's spouse 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. Section C. LEOFF II Supplemental Disability Income Protection. If a LEOFF II employee is injured on the job and it is necessary for that employee to exhaust his/her accrued sick leave to supplement his/her Workers' Compensation entitlements, the Employer shall then, at the employee's written request, begin compensating the employee for the difference between his/her Workers' Compensation entitlement and his/her regular salary for a period not to exceed six (6) months from the date of the injury or until the termination of the disability, whichever comes first. To accomplish this, the Employer shall pay the employee his/her regular salary for said period and the employee shall receipt to the Employer all time loss payments received from Workers' Compensation. Section D. Employees assigned to patrol working the 3/3 twelve (12) hour schedule shall accrue sick leave at the rate of eight (8) hours per month consistent with Section A above. For each day off taken as sick leave, the employee will use twelve (12) hours of sick leave. 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 this light duty requirement if under the advice of his/her physician. 17 Renton Police Office"`Guild, Police Commissioned N"Ni° 2006-2008 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 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 18 Renton Police OfficeV Guild, Police Commissioned '"` 2006-2008 Employer for approval, and obtain approval, prior to attending or prior to incurring a cost. ARTICLE 10 - EDUCATIONAL INCENTIVE Employees shall be eligible for Associate Degree or Bachelor's Degree minimum pay allowances, as provided in Appendix B of this Agreement, when such employee has obtained an undergraduate degree from an accredited educational institution. For this section completion of 90 quarter or 60 semester credits of college level work is equivalent to eligibility of Associate Degree pay provided such credits are for academic study, and not based upon "life experience". 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: Length of Service Hours/Month Accrual 0 through 5 years 16 6 through 10 years 20 11 through 15 years 22 16 through 20 years 24 21 and subsequent years 26 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. 19 Renton Police OfficeM Guild, Police Commissioned ` of 2006-2008 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. 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. 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 5.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; 20 Renton Police Officers Guild, Police Commissioned 2006-2008 c. When the requests are otherwise equal, then the request from the employee with more seniority shall have precedence. Seniority shall be determined according to Article 3. 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. 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. 21 Renton Police OfficerVGuild, Police Commissioned 2006-2008 ARTICLE 12 - LONGEVITY Section A. Employees shall receive premium pay for longevity in accordance with Appendix B of this Agreement. Section B. Longevity allowances shall be payable on the first payday following the anniversary of the employee. ARTICLE 13 - PENSIONS Pensions for employees and contributions to pension funds will be governed by applicable Washington State Statutes. ARTICLE 14 - INSURANCES Section A. Health Insurance. Employees in the bargaining unit, and their dependents, shall receive medical, vision and dental coverage as specified in either the City's self-insured plan, as revised by the Renton Employees' Health Plan Board of Trustees and approved by the City Council in September, 1990, as modified in 2003, or the Group Health Cooperative Plan. Section B. City Contribution. In 2006 the employee portion of medical/dental premium shall remain at the same level as in 2005. The City will pay the remaining portion of the medical/dental premium necessary to fund the projected medical/dental program cost for the calendar year 2006. The 2005 surplus as of 12/31/2005 will be frozen and not used to subsidize 2006 premiums but will be rolled over to 2007. The monthly premium cost shall be shared by the City and members of the bargaining unit who elect dependent coverage. The employee shall pay monthly pre-taxed premiums, beginning January 1, 2004, depending upon the dependent coverage outlined below. One dependent $20.00 Two dependents $35.00 Three or more dependents $50.00 Effective 01/01/2007 the City agrees to increase its share of the 2007 premium by 10 percent above the 2006 level. Any premium increase above 10 percent will be addressed by the Renton Employee's Health Plan Board of Trustees through program redesign or a 50/50 split of the additional costs necessary to fund the program through 2007. Should premiums necessary to fund the projected program costs for 2007 increase less than 10 percent, the Renton Employees' Health Plan Board of Trustees shall have the option to distribute the funds as they see fit proportionately to their constituents. 22 Renton Police Officers Guild, Police Commissioned 2006-2008 Effective 01/01/2008 the City agrees to increase its share of the 2008 premium by 21 percent above the 2006 level. Any premium increase above 21 percent will be addressed by the Renton Employees' Health Plan Board of Trustees through program redesign or a 50/50 split of the additional costs necessary to fund the program through 2008. Should premiums necessary to fund the projected program costs for 2008 increase less than 21 percent, the Renton Employees' Health Plan Board of Trustees shall have the option to distribute the funds as they see fit proportionately to their constituents. Definitions: Funds: Stock of money in excess of the projected premium amount Surplus: Excess money above IBNR and paid plan expenses Section C. Each union will have a maximum of one (1) vote, i.e. the Renton Police Officers Guild has two (2) bargaining units but only receives one (1) vote on the Renton Employees' Health Plan Board of Trustees. 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. Section D. LEOFF I Employees. The Employer shall provide medical coverage of LEOFF I employees as required by law. Section E. Life Insurance. The Employer shall pay total premiums for all life insurance coverage offered by the Employer. Life insurance coverage shall be as follows: 1. Each employee shall receive a group term life insurance policy in the amount of his/her total annual salary including double indemnity. 2. Each employee's spouse shall receive a $1,000 group term life insurance policy. 3. Each employee's dependent shall receive a $1,000 group term life insurance policy. Section F. 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 G. 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 23 Renton Police Office )Guild, Police Commissioned 2006-2008 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 H. Department contracted extra-duty employment. All department contracted extra-duty law-enforcement employment as a Renton Police Officer shall be authorized by the Chief of Police or designee prior to such employment. In order to ensure that officers who engage in extra-duty employment as Renton Police Officers, have adequate liability coverage, the City will pay officers' so employed at the rate of time and one half for top step patrol officers for such employment. 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. Should this agreement not be signed prior to January 1, 2006, there is no provision for back pay for department members. Applies only to extra-duty. Section I. 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. Section J. When a LEOFF II employee or dependents' 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 following the date the condition is declared fixed and stable. ARTICLE 15 - 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 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. 24 Renton Police OfficerGuild, Police Commissioned 2006-2008 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. 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. 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 25 Renton Police OfficeGuild, Police Commissioned `"0 2006-2008 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 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 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 26 Renton Police Officers Guild, Police Commissioned 2006-2008 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). 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. 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 27 vrd` Renton Police OfficeYGuild, Police Commissioned 2006-2008 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. ARTICLE 16 - 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; 7. to determine classification, status, and tenure of employees; 28 Renton Police Officers Guild, Police Commissioned '`O"' 2006-2008 8. to perform all other functions not limited by this Agreement. ARTICLE 17 - 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. 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 an/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 the date the Guild knew or reasonably should have known of the action precipitating the grievance/issue. The 29 Renton Police OfficeVi Guild, Police Commissioned 2006-2008 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 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. ARTICLE 18 - PERFORMANCE OF DUTY Section A. Nothing in this Agreement shall be construed to give an employee the right to strike, and no employee shall strike or refuse to perform assigned duties to 30 Renton Police Office Guild, Police Commissioned `"w, 2006-2008 the best of his/her ability. It is further agreed that no employee shall refuse to cross the picket line of any other union during his/her scheduled work shift. Section B. The parties recognize and agree to abide by the provisions of RCW 41.56.490. ARTICLE 19 - RETENTION OF BENEFITS Section A. Wages, hours, benefits, and working conditions constituting mandatory subjects of bargaining in effect on the effective date of this Agreement shall be maintained unless changed by mutual agreement between the Employer and the governing body of the Guild. An interest arbitrator may also change contract provisions legally before him or her in an interest arbitration. Section B. The Employer agrees to notify the Guild in advance of changes or hearings affecting working conditions of any employee covered by this Agreement, except in emergency situations and provided that the Employer is aware of the changes or hearings. ARTICLE 20 - PAY DAYS Section A. Employees shall be paid twice each month and any employee who is laid off or terminated shall be paid all monies due on the next following payday. All employees shall be paid on the 10th and 25th day of each month. If the 10th or 25th day of the month falls on a holiday or weekend period, the employees shall be paid on the last business day prior to that period. If an employee is leaving on vacation, an early check request authorized by the immediate supervisor may be granted provided the check has been processed and is ready for disbursement. Section B. All employees will participate with direct deposit of paychecks. The Employer will adopt appropriate administrative procedures allowing for direct deposit. The Employer will, to the extent feasible, assure that funds are transmitted as near in time as possible to the time at which paychecks are distributed to other employees. ARTICLE 21 - SAVINGS CLAUSE Section A. If any article of this Agreement or any addenda hereto should be held invalid by operation of law or by any tribunal of competent jurisdiction or if compliance with or enforcement of any article should be restrained by such tribunal, the remainder of this Agreement and Addenda shall not be affected thereby, and the parties shall enter, within ten (10) calendar days, into collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement or modification of such Article held invalid. 31 Renton Police OfficerGuild, Police Commissioned *4MV 2006-2008 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 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 22 - 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. 32 Renton Police Office Guild, Police Commissioned ` 2006-2008 ARTICLE 23 - DURATION OF AGREEMENT Unless otherwise agreed, this Agreement shall become effective January 1, 2006, and shall remain in force until December 31, 2008 Signed this g day of noyYAit1mV , 2005, at Renton, Washington. CITY OF RENTON POLICE OFFICERS' GUILD Mayor President y Police Chie Vice President uman Resources & RiskMan ement Secretary Administrator ATTEST: i \/ WaM�-^� City Clerk Approved as to legal form: City Attorney Qf REN T 33 Renton Police OfficerGuild, Police Commissioned 2006-2008 APPENDIX A SALARIES Section A - Salary Schedule. Effective January 1, 2006, salaries shall be increased by 3.0%. 1. The following salary schedule is effective January 1, 2006 for employees hired on or after the effective date of this Agreement. Classification Start 12 Months 24 Months 36 Months 48 Months Police Sergeant $6212 Patrol Officer $4036 $4379 $4722 $5061 $5402 2. The following salary schedule is effective January 1, 2007 Classification Start 12 Months 24 Months 36 Months 48 Months Police Sergeant $6399 Patrol Officer $4157 $4510 $4864 $5213 $5564 3. The following salary schedule is effective January 1, 2008 Classification Start 12 Months 24 Months 36 Months 48 Months Police Sergeant $6591 $6877 Patrol Officer $4282 $4645 $5010 $5369 $5731 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. 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% 34 Renton Police OfficeGuild, Police Commissioned 2006-2008 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 35 Renton Police OfficeGuild, Police Commissioned 2006-2008 APPENDIX C SUBJECT: INTERNAL AFFAIRS -ADMINISTRATION This order consists of the following numbered sections: 52.1.1 Complaints - Investigation 52.1.2 Direct Access to the Chief of Police 52.1.3 Complaints - Notifying the Chief of Police 52.1.4 Complaint Investigation Time Limits 52.1.5 Complainant Notification of Status of Investigation 52.1.6 Notification of Allegations and Rights 52.1.7 Conditions for Additional Investigation 52.1.8 Internal Investigations - Relief from Duty 52.1.9 Internal Investigations - Conclusion of Fact 52.1.10 Internal Investigations - Records 52.1.11 Internal Investigations -Annual Summary 52.1.12 Internal Investigations - Registering Complaint Procedures 52.1.1 Complaints - Investigation I. All complaints against the agency or its employees 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. II. The Chief of Police is responsible for the Internal Affairs function, and delegates responsibility to the Deputy Chief. The 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 36 Renton Police Office* Guild, Police Commissioned '"W 2006-2008 of Police will determine if the investigation is to be assigned to the Investigations Division or elsewhere. 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. Maintain 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. III. 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 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; 37 Renton Police Office*e Guild, Police Commissioned V"101 2006-2008 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 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. Breach of civil rights. 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. IV. 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. 38 Renton Police OfficeV Guild, Police Commissioned 2006-2008 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. 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 52.1.4. E. The investigator's final report to Internal Affairs on formal investigations will contain: 1. A written summary report which includes: 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. 39 Renton Police Office"! Guild, Police Commissioned 2006-2008 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. V. 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. 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 52.1.9. 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. 52.1.2 Direct Access to Chief of Police I. The Deputy Chief is responsible for the Internal Affairs component, and reports directly to the Chief of Police. 52.1.3 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. 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. 40 Renton Police Officer Guild, Police Commissioned r..r 2006-2008 52.1.4 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. 52.1.5 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 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. 52.1.6 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. 52.1.7 Conditions for Additional Investigation 41 Renton Police Office*V Guild, Police Commissioned 2006-2008 I. Evidence collection for investigations involving Renton Police Department employees will be conducted in 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: A. Medical or laboratory examinations; B. Photographs of the affected employee(s); C. Directing the employee to participate in a lineup; D. Requiring an employee to submit financial disclosure statements, records; E. Use of instruments for the detection of deception, including polygraph. 52.1.8 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.). 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. 52.1.9 Internal Investigations - Conclusion of Fact I. An assessment of each allegation of employee misconduct shall be made and classified as one of the following. 42 Renton Police OfficeV Guild, Police Commissioned '%00' 2006-2008 A. Exonerated - The alleged act occurred, but was justified, legal and proper; 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. 52.1.10 Internal Investigations - Records 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 the confidentiality of these records are 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. 52.1.11 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. 52.1.12 Registering Complaint Procedures 43 Renton Police Office Guild, Police Commissioned 2006-2008 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. Il. 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. 44 APPENDIX D UJI, , 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 UJseparate forms and in separate medical files and must treat those records as a confidential record with the following exceptions: Mi The above—named doctor may advise my employer regarding: 1. Psychological or physical fitness to perform all the essential functions of my current job classification; 2. If unable to perform all those functions, the duties that I am able to perform and which duties I am not able to perform; 3. If unable to work at this time,when I can reasonably be =MJ expected to return to work at my regular duties; 4. Any necessary restrictions on my work or duties; 5. Any necessary accommodations which may be required to allow me to perform the essential functions of my current job classification; and 6. 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 45