HomeMy WebLinkAboutContract CAG-03-144
AGREEMENT
By and Between
CITY OF RENTON
and
RENTON POLICE OFFICERS' GUILD
REPRESENTING COMMISSIONED EMPLOYEES
2003 - 2005
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................................................... 7
Article5 Salaries .................................................................................. 12
Article 6 Allowances and Premiums..................................................... 12
Article7 Sick Leave.............................................................................. 15
Article8 Holidays ................................................................................. 17
Article 9 Tuition Reimbursement.......................................................... 17
Article 10 Educational Incentive............................................................. 18
Article 11 Personal Leave ...................................................................... 18
Article12 Longevity................................................................................ 21
Article13 Pensions ................................................................................ 21
Article 14 Insurances.............................................................................. 21
Article 15 Bill of Rights ........................................................................... 23
Article 16 Management Rights............................................................... 27
Article 17 Grievance Procedure ............................................................. 27
Article 18 Performance of Duty.............................................................. 29
Article 19 Retention of Benefits.............................................................. 29
Article20 Pay Days................................................................................ 30
Article 21 Savings Clause ...................................................................... 30
Article 22 Entire Agreement................................................................... 31
Article 23 Duration of Agreement........................................................... 32
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AppendixA Salaries .................................................................................. 33
Appendix B Education/Longevity Schedule............................................... 34
Appendix C General Order No. 52.1 .......................................................... 35
Appendix D. Medical Release Form .......................................................... 44
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PREAMBLE
The rules contained herein constitute an Agreement between the City of Renton,
hereinafter referred to as the Employer, and the Renton Police Officers' Guild,
hereinafter referred to as the Guild, governing wages, hours, and working
conditions for certain members of the Renton Police Department.
It is intended this Agreement, achieved through the process of collective
bargaining, will serve to maintain good relations between the Employer and the
Guild, to promote efficient and courteous service to the public, and to protect the
public interest.
ARTICLE 1 - RECOGNITION AND BARGAINING UNIT
Section A. The Employer recognizes the Guild as the exclusive representative of
all commissioned employees below the Civil Service rank of Commander for the
purpose of bargaining with the Employer. A commissioned employee is defined as
outlined in RCW 41.56.030(6).
Section B. The Guild President, or any other members of the Guild appointed by
the President, shall be recognized by the Employer as the official representatives of
the Guild for the purpose of bargaining with the Employer. The Guild recognizes
the Employer as the duly elected representative of the people of the City of Renton
and agrees to negotiate only with the Employer through the negotiating agent or
agents officially designated by the Mayor and City Council to act on its behalf.
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.
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2003-2005
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
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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. If the Employer deems it necessary to reduce
the number of employees in any job classification within the Police Department,
layoffs shall be made in accordance with Police Civil Service Rules and
Regulations.
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
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reoccurrence of misconduct for which the employee was disciplined during
that period. Any record of serious discipline shall be expunged from the
personnel files after a maximum period of five years if there is no
reoccurrence of misconduct for which the employee is disciplined during that
period. Nothing in this section shall be construed as requiring the Employer
to destroy any employment records necessary to the Employer's case if it is
engaged in litigation with the employee regarding that employee's
employment at the time those records would otherwise be destroyed. The
parties recognize that the Employer may retain internal investigation files
although such files may not be used in discipline and discharge cases if they
could not otherwise be retained in personnel files pursuant to this section.
Section D. Rehires. In the event a certified employee leaves the service of the
Employer due to reduction in force and within the next two years the Employer
rehires said former employee into the same classification to which he/she was
assigned at the date of reduction, such employee shall be placed at the same 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
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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.
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.
a. If the number of employees assigned to this unit drops below three (3)
then the Employer shall have the right to revert back to the normal
schedule described in Section A, above. However in this case, the
Employer shall restore the original benefit of individually assigned,
take-home vehicles for those employees.
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
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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.
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.
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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 forty (40) 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.
Section E. Early Release.
1. Employees working the 3/3 twelve (12) hour schedule who are required to
appear in both morning and afternoon court between two graveyard shifts
shall be relieved from duty at 2300 hours on the night prior to court without
loss of time or court overtime minimums.
2. 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 if they were not relieved of duty under "E,1" above.
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 six (6) 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 six (6) 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 exceeds six (6) hours, the hours of
training shall constitute an entire workday, regardless of the
employee's hours of duty.
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(d) Employees assigned to graveyard patrol (3A or 313) shall be relieved
of duty the shift preceding the day of training, if the scheduled training
exceeds six (6) hours.
3. Training on employee's scheduled day off:
Employees and Employer agree that training on an employee's scheduled
day off shall include an adjusted work schedule. That the adjusted work
schedule shall require agreement by employee and Employer, and that this
agreement shall occur at least 30 days prior to the training day if the training
is required by the Employer. This agreement may occur anytime prior to the
training if the Employer does not require the training.
(a) If the training includes less than six (6) hours of work, then the work
schedule adjustment will be on an hour for hour basis. If the training
includes six (6) or more hours of work, then the schedule adjustment
will be on a day for day basis.
(b) Employees assigned to graveyard patrol (3A or 313) shall be relieved
of duty the shift preceding the day of training, if the scheduled training
exceeds six (6) hours.
(c) If the Employer and employee do not agree on a schedule
adjustment, then the Employer shall either deny the training or
compensate the employee at the overtime rate.
(d) 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.
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.
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Section I. In recognition of FLSA guidelines, overtime shall be computed
on the base pay of the employee and shall include any allowances or premiums as
described in Article 6 of this agreement in calculation of the overtime rate.
Section J. In-Service Training. Employees shall be compensated at the straight
time rate for up to 30 hours of in-service training regardless of whether training
occurs on the employee's scheduled day off. This training is for all commissioned
personnel and is developed and administered through the Administrative Services
Division. Topics may include firearms, defensive tactics, blood borne and airborne
pathogens, legal update or any other topic developed by the department that is
administered in a monthly two-hour block of instruction.
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 two (2) 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. The two (2) hours
of overtime per pay period is compensation for 6-8 hours of work each
month.
3. K-9 officers will attend briefings 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 $450.00 per year as
clothing allowance.
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2. The purpose of such allowance is to buy, maintain and repair any equipment
or clothing required by the Employer which is not furnished by the Employer.
The allowance shall be paid in January of each year by separate check, and
is subject to pro-rata deduction from the final paycheck in the event the
employee does not serve the entire twelve (12) months for which such
payment was made, with the exception of an employee who retires, or dies,
in which event no deduction shall be made. Any employee transferred to or
from a non-uniformed assignment after January 1st of any calendar year
shall receive a pro-rated clothing allowance for the remainder of said
calendar year.
3. It is agreed that all equipment and clothing issued by the City of Renton shall
remain the property of the Employer 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 in 2003, 2004 and 2005.
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 56 employees assigned to wear police uniforms (as opposed to
plainclothes).
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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:
1. Bomb Squad - Any Police Officer performing duties relative to handling,
disarming, transporting, disposing of, or having any suspected explosive
devices under his/her direct control or supervision shall be paid at the rate of
double time including time of search with two and one-half hour minimum.
For the purpose of this section, an explosive device is any tangible object
that, due to its nature, requires summoning professional ordnance personnel
to inspect and/or dispose of.
2. 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.
3. 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).
4. 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).
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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 as soon as the City
knows when a new-hire test will be given.
Employees who comply with the above shall be compensated with
3.0% of base pay in the form of deferred compensation.
12. The City agrees to pursue the feasibility of implementing a Master
Police Officer Program. The City and the Guild will discuss the
program in their Labor/Management forum. The City and the Guild
agree that any implementation of a MPO Program must be mutually
agreed upon.
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.
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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
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.
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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.
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 or other job related course work; (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.
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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.
4. On the death of an employee in active service, pay will be allowed for any
personal leave earned and not taken prior to the death of such employee.
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5. An employee granted an extended leave of absence, which includes the
next succeeding calendar year, shall be given proportionate personal leave
earned in the current year before being separated from the payroll.
6. An employee returning from military leave of absence, as defined by law,
shall be given a personal leave allowance for the previous calendar year as
if he/she had been employed.
7. In the event that an employee becomes ill or injured while he/she is on
personal leave, and it can be established by the employee that the employee
is incapacitated due to the illness or injury, the day or days that he/she is
sick under these circumstances shall be carried as sick rather than personal
leave, and he/she will for all purposes be treated as though he/she were off
solely for the reason of his/her illness or injury. The employee shall submit
medical documentation of the illness or injury from the attending physician.
Section C. Scheduling and Using Personal Leave Time. The following rules
shall govern the scheduling and usage of personal leave time.
1. The minimum personal leave allowance to be taken by an employee shall be
one (1) hour.
2. An employee shall not be granted less than ten (10) consecutive leave days
unless requested by said employee or in the event of an extreme emergency
condition. Employees in patrol working the 3/3 twelve (12) hour schedule
shall not be granted less than six (6) consecutive leave days unless
requested by said employee or in the event of an extreme emergency
condition.
3. 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.
4. 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.
5. 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:
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a. Requests submitted on an earlier date shall have precedence over those
submitted later.
b. If the requests are submitted on the same effective date, then vacation
bids shall have precedence over requests that are not vacation bids;
c. When the requests are otherwise equal, then the request from the
employee with more seniority shall have precedence.
6. 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.
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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 City's Health Benefit Task Force and
approved by the City Council in September, 1990, as modified in 2003, or the
Group Health Cooperative Plan.
The City reserves the right to open the contract to bargain health insurance for
2005. The Employer and the Guild will have 30 days to negotiate a new
agreement. If no agreement is reached the parties agree to an expedited
mediation process. If the Employer elects to open this Article, the Guild may open
the contract to bargain holiday pay and/or uniform cleaning.
Section B. City Contribution. In 2003 the Employer shall pay the monthly
premium for the City's self-insured medical plan and Group Health Cooperative
Plan, for eligible employees and their dependents. For specific coverages,
deductibles, co-pays, etc. employees and their dependents shall consult the
applicable health insurance plan booklet(s).
In 2004 employees in the bargaining unit shall receive the health care plan as
approved in 2003. 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
Section C. The Guild agrees to continue voluntary participation in the Health
Benefits Task Force. The Guild will be a non-voting member of the task force and
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will not be required to accept any changes approved by the Health Benefits Task
Force, rather such changes shall be considered in good faith by the Guild.
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
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 off-duty employment. All department
contracted off-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 off-duty employment as Renton Police
Officers, have adequate liability coverage, the City will pay officers' so employed at
the rate of time and one quarter 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
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than the City of Renton shall not have Employer paid liability coverage and shall not
be authorized to wear the Renton Police Department uniform.
Section 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. A LEOFF II employee who suffers a duty related injury and who is
declared to be "fixed and stable, with a disability preventing return to duty" by the
State shall be provided by the Employer with medical and dental insurance under
the provision of Consolidated Omnibus Budget Reconciliation Act (COBRA) for a
period of twelve (12) months following the date the condition is declared fixed and
stable. COBRA coverage shall be for the employee only.
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.
Section B. Bill of Rights.
1. In an effort to ensure that investigations, as designated by the Chief of
Police of the Renton Police Department, are conducted in a manner which is
conducive to good order and discipline, the Renton Police Officers' Guild
shall be entitled to the protection of what shall hereafter be termed as the
"Police Officers' Bill of Rights".
2. Non-probationary employees who become the subject of an internal
investigation shall be advised in writing at least 24 hours prior to the
interview that he/she is suspected of:
a. Committing a criminal offense;
b. Misconduct that would be grounds for termination, suspension, or
other disciplinary action; or
C. That he/she may not be qualified for continued employment with the
Department.
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3. Any employee who becomes the subject of an investigation may have legal
counsel or a Guild representative present during all interviews. An
investigation as used elsewhere in this Article shall be interpreted as any
action, which could result in a dismissal from the Department or the filing of
a criminal charge. In any investigation that may lead to discipline, the
employee is entitled to have Guild representation to the extent permitted by
law.
4. The employee under investigation must, at the time of an interview, be
informed of the name of the officer in charge of the investigation and the
name of the officer who will be conducting the interview. General Order
52.1.1 will govern the assignment of investigations (see Appendix C).
5. The employee shall be informed in writing as to whether he/she is a witness
or suspect. If the employee is a suspect, he/she shall be appraised in
writing of the allegations of such complaint 24 hours before any interview
commences. 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
has signed. The employee shall be furnished a copy of the completed
investigation 72 hours prior to any disciplinary 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.
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Renton Police OfficerYGuild, Police Commissioned
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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
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 NIDA certified laboratory or
hospital or clinic certified by the State of Washington to perform such tests.
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(* 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 Federal Highway Administration (FHWA).
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
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 NIDA certified laboratory of the employee's
choice for testing by gas chromatography/mass spectrometry.
iii. The cost of employee requested tests are the responsibility of
the employee. If the test results are negative, the Employer
will reimburse the employee for the cost of the test.
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Renton Police Officers Guild, Police Commissioned
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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;
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.
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Renton Police OfficersoGuild, Police Commissioned
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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
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
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Renton Police Officer. Guild, Police Commissioned
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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
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.
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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.
Effective with calendar year 2003, the City will issue semi-monthly paychecks. For
the pay period, December 16 through December 31, 2003, pay will be received on
January 10, 2004.
Section B. The Employer agrees to implement procedures for the direct deposit
of the employee's paychecks. The Employer will adopt appropriate administrative
procedures allowing for direct deposit at a limited number of banks at the
employee's request. The banks will be limited to institutions that are members of
the Automated Clearing House Electronic Network. 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.
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.
30
Renton Police Officers Guild, Police Commissioned
2003-2005
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.
31
Renton Police Officer Guild, Police Commissioned
2003-2005
ARTICLE 23 - DURATION OF AGREEMENT
Unless otherwise agreed, this Agreement shall become effective January 1, 2003,
and shall remain in force until December 31, 2005
Signed this day of , 2003, at Renton,
Washington.
CITY OF RENTON POLICE OFFICERS' GUILD
yor Presidert
Police Chieo Vice President
7�4g6rLd -'e� C'- -2, /12 L'f2-i- -
H m-an Resources & Risk Man ement Secretary
Administrator
ATTEST:
City Clerk
Approved a legal form:
City Attorney
cem"Vi
32
Renton Police OfficerGuild, Police Commissioned
2003-2005
ARTICLE 23 - DURATION OF AGREEMENT
Unless otherwise agreed, this Agreement shall become effective January 1, 2003,
and shall remain in force until December 31, 2005
Signed this day of , 2003, at Renton,
Washington.
CITY OF RENTON POLICE OFFICERS' GUILD
ayor Preside t
Police Chi Vice President
z
man Resources & Risk M6nagement Secretary
Administrator
ATTEST:
City Clerk
Approved ad legal form:
City Attorney
32
Renton Police Officeruild, Police Commissioned
2003-2005
APPENDIX A
SALARIES
Section A - Salary Schedule. Effective January 1, 2003, salaries shall be increased by
3.0%.
1. The following salary schedule is effective January 1, 2003 for employees hired on
or after the effective date of this Agreement.
Classification Start 12 Months 24 Months 36 Months 48 Months
Police Sergeant $5,686
Patrol Officer $31693 1 $4,007 $4,320 1 $4,632 1 $4,944
Note: The Union and City agree that $125.00 will be deducted from each member's
retroactive salary payment. The purpose of the deduction is to compensate the City for
maintaining low medical/prescription co-pays through June 30, 2003.
2. The following salary schedule is effective January 1, 2004
Classification Start 12 Months 24 Months 36 Months 48 Months
Police Sergeant $5,856
Patrol Officer $3,804 $4,127 $4,450 $4,771 $5,092
3. The following salary schedule is effective January 1, 2005
Classification Start 12 Months 24 Months 36 Months 48 Months
Police Sergeant $6,032
Patrol Officer $3,918 $4,251 $4,584 $4,914 $5,245
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%
33
Renton Police OfficerGuild, Police Commissioned
2003-2005
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
34
Renton Police OfficerGuild, Police Commissioned
2003-2005
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 Bureau Commanders. The Bureau
Commanders are responsible for:
A. Recording, registering, and controlling the investigation of
complaints against department members:
1. Upon receipt of a complaint, the Bureau Commander
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 Bureau Commander 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
35
Renton Police Officers Guild, Police Commissioned
2003-2005
allegation, the Chief 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. Bureau Commanders will assign complaints and
allegations of misconduct for investigation;
2. Bureau 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;
36
Renton Police Officer Guild, Police Commissioned
2003-2005
b. Slow or no response;
C. Poor demeanor.
B. Formal investigations are determined to be formal primarily
based upon the nature and complexity of the allegation.
Formal complaints against employees will be directed
immediately to the member's division commander or manager
via the chain of command. Division Commanders will notify
Bureau Commanders, 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 Bureau Commander(s) 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 Bureau
Commanders.
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.
37
Renton Police Officerkuild, Police Commissioned
2003-2005
C. The investigating officer will commence his investigation on the
basis of the complaint.
1. If, during the investigation of the initial complaint, it is
disclosed that other misconduct may have taken place, this
misconduct will also be investigated, reported upon, and
adjudicated.
2. The investigator assigned will investigate and report all
aspects of the case in a manner which is fair and impartial to
all persons.
3. The investigator will be responsible for informing the
Bureau 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;
38
Renton Police OfficeVGuild, Police Commissioned
2003-2005
f. Findings of fact - including, by numerical listing, a
summary of findings of fact.
2. Statements - interviews and letters of employees,
citizens, and witnesses.
3. Reports - copies of all related reports.
4. Correspondence - copies of any memos or formal letters
related to the investigation.
V. Staff Review of Internal Affairs Investigations
A. After the investigation of formal complaints are 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 Bureau
Commander.
D. The Bureau Commander 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 Bureau Commanders are responsible for the Internal Affairs
component, and report directly to the Chief of Police.
52.1.3 Complaints - Notifying the Chief of Police
39
Renton Police Officerkuild, Police Commissioned
2003-2005
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 bureau
commanders when such complaints are brought to their attention. Bureau
commanders will, in turn, forward to the Chief of Police information about the
complaint and how it was received.
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 assigning Bureau Commander, 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
40
Renton Police Officers' Guild, Police Commissioned
2003-2005
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
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.
H. 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.
Il. An employee relieved from duty will be required and directed to report to
their Bureau 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. Bureau
Commanders, 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, Bureau Commander, and
CDO (Command Duty Officer) will be notified as soon as possible.
41
Renton Police OfficeGuild, Police Commissioned
2003-2005
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.
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
42
Renton Police OfficeWbuild, Police Commissioned
2003-2005
I. The Bureau Commanders 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
I. The Renton Police Department will make available to the general public the
Police/Citizen Complaint form (RPD073). The form may be obtained from
any supervisory or command officer or at the Front Counter.
II. The form will briefly describe the responsibilities of the complainant and the
investigation process.
III. All employees will be furnished a copy of the General Orders and should
make themselves aware of the provisions.
43
APPENDIX D
LUI, ,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
MJ as a confidential record with the following exceptions:
UJ 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
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
UJ confidential medical records than the Americans with Disabilities Act
allows,and the examining physician is instructed accordingly.
2
PATIENT DATE
4G-03-144 Addendum #1-04
MEMORANDUM OF UNDERSTANDING
By and between
City of Renton
And
Renton Police Officers' Guild
The purpose of this Memorandum of Understanding (MOU) is to identify certain
clarifications and modifications to the Guild's medical/dental plans effective January 1,
2005. The clarifications and modifications are consistent with the action taken by the
Employee Benefits Task Force at the October 29, 2004 meeting.
The clarifications and modifications outlined in this memorandum are included in their
entirety as Appendix "A" of this MOU. Appendix "A" is a document consisting of 25
pages.
It is further understood that a modification in the contribution formula for Group Health
Cooperative medical coverage effective for employees hired after November 1, 2004 and
current employees who change coverage to Group Health Cooperative effective January
1, 2005 and thereafter is agreed upon by the Renton Police Officers' Guild and the City
of Renton. The modification will require members who select Group Health Cooperative
coverage after January 1, 2005 or who move from the City's self-funded plan to pay the
difference between the City's contribution to the self-funded plan and the total cost for
Group Health Cooperative coverage.
A copy of the comparison of the two plans and associated employee contributions is
included as Appendix `B" of this Memorandum of Understanding.
This agreement shall be binding on all parties, as designated by signature below.
Signed this ZZ day of November, 2004.
7C*n: For the City:
APPENDIX A AG-91-057 Addendum #9-04
CAG-03-144 ADDENDUM #1-04
AMENDMENT NO. 8
to the Plan Document of the
THE CITY OF RENTON EMPLOYEE HEALTH CARE PLAN
The Plan Document effective 02/01/99 is amended as follows:
CURRENT BENEFIT RECOMMENDATION BENEFIT ACCEPTANCE
Prescription Plan Exclusions These benefits are not On Section 8 page 1 of the Summary Plan
Drugs Used for Cosmetic addressed in the Summary Description, under the Prescription Drug Card
Purposes(i.e. Botox, Myobloc) Plan Description. Amend to Program, add the following to the list of exclusions:
either cover(please provide
specifics at right), or list
under the General Exclusions Drugs Used for Cosmetic Purposes(i.e. Botox)
® Yes,Accepted ❑ No, Decline
Audit Incentives Verify that providing an audit Either leave as is in the document, amend to change
If a covered employee or a incentive is the clients intent. limit amount, or amend to remove language.
dependent discovers an error in If not, amend to remove.
the provider's medical billing This will be included in both the Medical and the
which is subsequently recovered Dental Plan Documents as this applies to both
or if the benefits payable are benefits.
reduced due to the
identification of the error, the
medical plan will reimburse the ® Yes, leave Audit Incentive in plan and pay to limit
participant 50%of the of$500.
recovered or reduced amount
up to$500 per incident. No ❑ No, amend plan to remove Audit Incentive
benefit is payable for any errors
made by the Plan Supervisor in
processing the claim.
Medical Plan Exclusions At present there is no specific On Section 7 page 3 of the Summary Plan
■ Complications arising from exclusion for complications Description, under the General Exclusions to the
non-covered benefits. arising from non-covered Medical Plan, add the following exclusion:
benefits (other than described
in the obesity exclusion). Non-Covered Services - Services or supplies
Medical Management and directly related to any condition, service, or supply
Compliance are that are not covered by this plan. This includes any
recommending that such an complications arising from any treatment, services or
exclusion be provided as an supplies not covered by this plan.
option for groups to add to
the SPD. This exclusion will
provide better clarity to the
Plan and the group's
intentions on non-covered
benefits. ® Yes, Accepted ❑ No, Decline
cc: CAG-03-144
(104 4
CURRENT BENEFIT RECOMMENDATION BENEFIT ACCEPTANCE
Medical Plan Exclusions Medical Management On Section 7 page 1 of the Summary Plan
(revision of #2 Cosmetic continues to incur problems Description, under the General Exclusions to the
surgery or related medical with the age limitation Medical Plan, replace exclusion #2 in Cosmetic
facility admission, unless made imposed in this exclusion. To with the following:
necessary:) better serve the members
who are in need of corrective 2. Except as specifically excluded by this plan,
2. For correction of congenital surgery for congenital for correction of congenital deformity in a
deformity in a child covered deformities it is child covered either from birth or the date of
either from birth or the date recommended that the age placement for adoption. To be covered, the
of placement for adoption. limit be increased from 6 to surgery must be done within 18 years of the
To be covered, the surgery 18. Although some surgeries date of birth. The Plan will also cover
must be done within six for congenital deformities can correction of congenital deformities for
years of the date of birth. be performed at an early age covered persons who were not born while
The Plan will also cover (before age 6), mostrequire covered by this Plan, after a period of two
correction of congenital additional follow-up surgery years on the Plan, and by the covered
deformities for covered that can only occur after persons 18th birthday.
persons who were not born normal growth and
while covered by this Plan, development of the affected The Plan does not cover congenital
after a period of two years area. reconstructive or cosmetic upper or
on the Plan and within six lower jaw augmentation or reduction
years of birth. procedures(orthognathic surgery).
® Yes, Accepted ❑ No, Decline
Neurodevelopmental Currently limited to 60 visits On Section 2 page 2 of the Summary Plan
Therapy per condition per calendar Description, under the Schedule of Benefits to the
year. This is a difficult Medical Plan, edit to read as follows:
benefit to manage and
requires manual intervention
to identify specific conditions
within each claim submission. Neurodevelopmental $25 copay $25 copay
Therapy then 100%
Converting to a dollar limit
comparable to the cost of 60 Limited to$4,200.00 per calendar year.
visits per year would be more
easily managed and require
no manual intervention.
Average HMA Preferred
Clients have a maximum
benefit between $1,000-
$2000 per calendar year. ® Yes, Accepted El No, Decline
Your benefit is much more
generous. An average visit
costs approximately $70
(discounted)your maximum
could be as high as $4000.
Please indicate, if accepted,
what dollar maximum you
prefer.
4034a899.doc Page 2 of 25
CURRENT BENEFIT RECOMMENDATION BENEFIT ACCEPTANCE
Prosthesis Replacement The current Prosthesis On page 26 of the Summary Plan Description,
Rule Replacement Rule Dental Plan Benefits Booklet, replace the current
language is applicable to language for Prosthetic Replacement Rule, with the
The Prosthesis Replacement dentures and bridgework, following.
Rule states that replacements while the programming for
or additions to existing dentures the replacement rules
or bridgework will be covered appears to be applicable to PROSTHESIS REPLACEMENT RULE
only if one of the following crowns in addition to
applies: dentures and bridgework. The Prosthesis Replacement Rule states that
The new language provides replacements or additions to existing restorations
• The replacement or addition clarification to the Plan. provided under Type III Major and Prosthetics of the
of teeth is required to Groups may elect to include Plan, (including but not limited to crowns, dentures,
replace one or more teeth replacement rule language to bridgework, inlays, onlays, or implants), will be
extracted after the existing any combination of the covered only if one of the following applies:
denture or bridgework was covered restorative benefits --
installed, and while the crowns, dentures, The replacement or addition of teeth is required
participant was covered. bridgework, inlays, onlays, or to replace one or more teeth extracted after the
implants. existing crown, denture, bridgework, inlay, onlay,
• The existing denture or or implant was installed, and while the participant
bridgework cannot be made If no change is made to was covered.
serviceable and was the current language,
installed at least five years then the only restoradons The existing crown, denture, bridgework, inlay,
prior to its replacement. to which the rule applies onlay, or implant cannot be made serviceable and
will be dentures and was installed at least five years prior to its
• The existing denture is an bridges replacement.
immediate temporary
denture and replacement by The existing crowns, denture, bridgework, inlay,
a permanent denture is onlay or implant is an immediate temporary, and
required within 12 months replacement by a permanent crown, denture,
from the date of initial bridgework, inlay, onlay, or implant is required
installation of the within 12 months from the date of initial
immediate temporary installation of the immediate temporary
denture. restoration.
® Yes, Accepted ❑ No, Decline
Diabetic Education Recommend allowing diabetic On Section 2 page 2 of the Summary Plan
education due to the increase Description, under the Schedule of Benefits to the
in obesity and the relationship Medical Plan, add the following:
between obesity and the
predisposition to diabetes. Diabetic Education $25 copay $25 copay
then 100%
This would allow teaching Limited to$500 calendar year
and counseling for those
individuals who are being
monitored for early symptoms
of diabetes and better
training for the newly ® Yes, Accepted ❑ No, Decline
diagnosed diabetic.
4034a899.doc Page 3 of 25
CURRENT BENEFIT RECOMMENDATION BENEFIT ACCEPTANCE
TMJ Under Dental Benefits There are specific ADA codes On page 27 of the Summary Plan Description,
Only related to TMJ. However, there Dental Plan Benefits Booklet, move Type IV —
are instances in which a TMJ (as described under the Dental Benefits
Note; This does not apply provider delivers services section) to the Medical Benefits booklet, Section 2
to Groups who cover TMJ related to TMJ for which there page 3.
benefits under medical only, is no specific code. In those
or to medical and dental. It instances that there are no TEMPOROMANDIBULAR 50%
only applies to those groups specific TMJ codes, manual JOINT DISORDER
who currently cover TMJ intervention is required. One Lifetime maximum $2,000.
under dental only, way to remedy this situation is
to pay all TMJ under Medical.
AND
If no change is made, then
enrollees should be aware that
some dental codes (even if On Section 6 page 18 of the Summary Plan
related to TMJ services) will Description, under Basic Medical Benefits section,
apply to the Dental Calendar add:
Year Maximum. Additionally,
some benefits which may have TEMPOROMANDIBULAR JOINT
a per calendar year allowance, DISORDER(TMJ)
may also be effected.
This Plan covers medically necessary treatment of
Temporomandibular Joint Disorders (TMJ) when
NOTE: provided by a participating physician, approved
If TMJ dollar maximum remains medical facilities, licensed physical therapist or
in Dental, only codes D0321, licensed oral surgeon. Oral surgeons will be
and D7810- D7899 will be covered only for the surgical treatment of TMJ
applied to the TMJ dollar disorders under this benefit. TMJ benefits will be
maximum. All other codes will paid as outlined in the Schedule of Benefits.
be applied to the dental
calendar year maximum. ® Yes, Accepted ❑ No, Decline*
*If no changes are made, be advised that
only specific dental codes relative to TMJ will
apply to TMJ (and any maximum). All other
codes will apply to the Dental Calendar Year
Maximum.
Adult Preventive Care The current benefit as shows In the Schedule of Benefit change the Adult
in the Schedule of benefits Preventive Care to read as follows:
reads :
v $25 co-pay*then 100%
$25 co-pay* then 100% to Preferred Provider Only
$175
$25 co-pay* for charges over
$175
Preferred Provider Only ® Yes,Accepted ❑ No, Decline
This is implies there may be
an additional copay for
services over$175 when
there really isn't. Edit the
schedule to clarify the
benefit.
4034a899.doc Page 4 of 25
CURRENT BENEFIT RECOMMENDATION BENEFIT ACCEPTANCE
Vision Benefits— Current Benefit reads as shown On Section 10 page 1 of the Summary Plan
Clarification below. Recommend clarification Description, under the Vision Benefits, replace the
to further define that benefit is first three paragraphs with the following:
based upon a 24-month period
within calendar year beginning in Vision benefits are available to all covered employees and
January and ending in December dependents. Vision benefits include routine eye
regardless of the month enrollee examination and vision hardware. Vision benefits, after
is hired. Benefits are determined applicable co-pays, are payable at 100% up to a maximum
based upon the year an of $400 every two calendar years for exam and vision
employee is eligible for benefits. hardware. The office visit co-pays will apply to the routine
Vision benefits are available to all eye examination. This benefit is not subject to the
covered employees and deductible.
dependents. Vision benefits The benefit works as follows: The benefit is based upon a
include routine eye examination 24-month period within a calendar year beginning in
and ' vision hardware. Vision January and ending in December regardless of the month
benefits, after applicable co- enrollee is hired. Benefits are determined based upon the
pays, are payable at 100% up to year an employee is eligible for benefits. For example, if the
a maximum of $400 every two employee is covered on or before 1994, their benefit years
calendar years for exam and would be 1994/1995, 1996/1997, and so on. If the
vision hardware. The office visit employee was hired in 1995, their benefit years would be
co-pays will apply to the routine 1995 and 1996, 1997/1998, and so on. If they did not use
eye examination. This benefit is the benefit in the two calendar year period, they would lose
not subject to the deductible. it and would start over again with a new $400 benefit in
The 'benefit works as follows: their next benefit period.
Depending upon the date the As the example above shows, the calculation of the two
employee was eligible to receive calendar year benefit is determined by the year you and/or
benefits determines the two your eligible dependents first entered the vision insurance
benefit calendar years. For plan. A full or partial benefit year will be considered as the
example, if the employee first calendar year in the two calendar year period.
received the benefit in 1994 and
1995 their next benefit years
would be 1996/1997, and so on.
If the employee was hired and
received benefits in 1995, their ® Yes, Accepted ❑ No, Decline
benefit years would be 1995 and
1996, 1997/1998, and so on. If
they did not use the benefit in
the two calendar year period,
they would lose it and would
start over again with a new$400
benefit the next year.
As the example above shows,
the calculation of the two
calendar year benefit is
determined by the date you
and/or your eligible dependents
first entered the vision insurance
plan. A full or partial benefit
year will be considered as the
first calendar year in the two
calendar year period.
4034a899.doc Page 5 of 25
MANDATORY CHANGES
Repla°ce ifie cGrnent language w/t� new lang[age toomply with 'OBRA�teyu/adores proposed�May28
z ..�. r. .. ' 4,- � .._ .a,.x. _ ,..�, .,`� �'
On Section 5, page 3 of the Summary Plan Description under COBRA, replace the current language with the
following:
CONTINUATION COVERAGE RIGHTS UNDER COBRA
INTRODUCTION
CITY OF RENTON EMPLOYEE HEALTH CARE PLAN (the Plan)
The following information about your right to continue your health care coverage in the Plan is important.
Please read it very carefully.
COBRA continuation coverage is a temporary extension of group health coverage under the Plan under certain
circumstances when coverage would otherwise end. The right to COBRA coverage was created by a federal law, the
Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). COBRA coverage can become available to you when
you would otherwise lose your group health coverage under the Plan. It can also become available to your spouse and
dependent children, if they are covered under the Plan, when they would otherwise lose their group health coverage
under the Plan. The following paragraphs generally explain COBRA coverage, when it may become available
to you and your family,and what you need to do to protect the right to receive it.
In general, COBRA requires that a "qualified beneficiary" covered under the Employer's group health plan who
experiences a "qualifying event" be allowed to elect to continue that health coverage for a period of time. Qua lified
beneficiaries are employees and dependents who were covered by the Plan on the day before the
qualifying event occurred. Coverage is elected on the election form provided by the Plan Administrator. Both
employees and dependents should take the time to read the Continuation of Coverage Rights provisions.
The Plan has multiple group health components, and you may be enrolled in one or more of these components. COBRA
(and the description of COBRA coverage contained in this SPD) applies only to the group health plan benefits offered
under the Plan and not to any other benefits offered under the Plan or by The City of Renton (such as life insurance,
disability, or accidental death or dismemberment benefits). The Plan provides no greater COBRA rights than what COBRA
requires—nothing in this SPD is intended to expand your rights beyond COBRA's requirements.
The Plan Administrator is:
City of Renton
1055 S. Grady Way
Renton,WA 98055
425/430-7659
The party responsible for administering COBRA continuation coverage("COBRA Administrator') is:
HMA, Inc.
P.O. Box 85016
Bellevue,WA 98015-5016
4034a899.doc Page 6 of 25
Attention: COBRA Unit
800/869-7093
WHAT IS COBRA COVERAGE?
COBRA coverage is a continuation of Plan coverage when coverage would otherwise end because of a life event known as
a"qualifying event."Specific qualifying events are listed below in the section entitled"Who Is Entitled to Elect COBRA?"
After a qualifying event occurs and any required notice of that event is properly provided to the Plan Administrator,
COBRA coverage must be offered to each person losing Plan coverage who is a"qualified beneficiary."You, your spouse,
and your dependent children could become qualified beneficiaries and would be entitled to elect COBRA if coverage under
the Plan is lost because of the qualifying event. (Certain newborns, newly adopted children, and alternate recipients
under QMCSOs may also be qualified beneficiaries. This is discussed in more detail in separate paragraphs below.)
We use the pronoun "you" in the following paragraphs regarding COBRA to refer to each person covered under the Plan
who is or may become a qualified beneficiary.
COBRA coverage is the same coverage that the Plan gives to other participants or beneficiaries under the Plan who are
not receiving COBRA coverage. Each qualified beneficiary who elects COBRA will have the same rights under the Plan as
other participants or beneficiaries covered under the component or components of the Plan elected by the qualified
beneficiary, including open enrollment and special enrollment rights. Under the Plan, qualified beneficiaries who elect
COBRA must pay for COBRA coverage.
Additional information about the components of the Plan is available in other portions of this SPD.
WHO IS ENTITLED TO ELECT COBRA?
If you are an employee, you will be entitled to elect COBRA if you lose your group health coverage under the Plan
because either one of the following qualifying events happens:
• your hours of employment are reduced; or
• your employment ends for any reason other than your gross misconduct.
If you are the spouse of an employee, you will be entitled to elect COBRA if you lose your group health coverage under
the Plan because any of the following qualifying events happens:
• your spouse dies;
• your spouse's hours of employment are reduced;
• your spouse's employment ends for any reason other than his or her gross misconduct; or
• you become divorced or legally separated from your spouse. Also, if your spouse (the employee) reduces
or eliminates your group health coverage in anticipation of a divorce or legal separation, and a divorce or
legal separation later occurs, then the divorce or legal separation may be considered a qualifying event
for you even though your coverage was reduced or eliminated before the divorce or separation.
If you are the dependent child of an employee, you will be entitled to elect COBRA if you lose your group health coverage
under the Plan because any of the following qualifying events happens:
• your parent-employee dies;
• your parent-employee's hours of employment are reduced;
• your parent-employee's employment ends for any reason other than his or her gross misconduct;
• you stop being eligible for coverage under the Plan as a"dependent child."
4034a899.doc Page 7 of 25
If an employee takes FMLA leave and does not return to work at the end of the leave, the employee (and the employee's
spouse and dependent children, if any)will be entitled to elect COBRA if(1)they were covered under the Plan on the day
before the FMLA leave began (or became covered during the FMLA leave); and (2) they will lose Plan coverage within 18
months because of the employee's failure to return to work at the end of the leave. (This means that some individuals
may be entitled to elect COBRA at the end of an FMLA leave even if they were not covered under the Plan during the
leave.) COBRA coverage elected in these circumstances will begin on the last day of the FMLA leave, with the same 18-
month maximum coverage period (subject to extension or early termination) generally applicable to the COBRA qualifying
events of termination of employment and reduction of hours. (See the section below entitled "Length of COBRA
Coverage.'
Special COBRA rights apply to certain employees and former employees who are eligible for federal trade adjustment
assistance(TAA) or alternative trade adjustment assistance (ATAA). These individuals are entitled to a second opportunity
to elect COBRA for themselves and certain family members (if they did not already elect COBRA) during a special second
election period. This special second election period lasts for 60 days or less. It is the 60-day period beginning on the first
day of the month in which an eligible employee or former employee becomes eligible for TAA or ATAA, but only if the
election is made within the six months immediately after the individual's group health plan coverage ended. If you are an
employee or former employee and you,qualify or may qualify for TAA or ATAA, contact the Plan Administrator using the
Plan contact information provided below. CONTACT THE PLAN ADMINISTRATOR PROMPTLY AFTER
QUALIFYING FOR TAA OR ATAA OR YOU WILL LOSE THE RIGHT TO ELECT COBRA DURING A SPECIAL
SECOND ELECTION PERIOD.
WHEN IS COBRA COVERAGE AVAILABLE?
When the qualifying event is the end of employment, reduction of hours of employment, or death of the employee, the
Plan will offer COBRA coverage to qualified beneficiaries. You need not notify the Plan Administrator of any of these three
qualifying events.
For the other qualifying events (divorce or legal separation of the employee and spouse or a dependent child's losing
eligibility for coverage as a dependent child), a COBRA election will be available to you only if you notify the Plan
Administrator in writing within 60 days after the later of(1) the date of the qualifying event; and (2) the date on which
the qualified beneficiary loses(or would lose)coverage under the terms of the Plan as a result of the qualifying event.
In providing this notice, you must use the Plan's form entitled "Notice of Qualifying Event (Form & Notice Procedures),"
and you must follow the procedures specified in the section below entitled "Notice Procedures for Notice of Qualifying
Event."If these procedures are not followed or if the notice is not provided in writing to the Plan Administrator during the
60-day notice period, YOU WILL LOSE YOUR RIGHT TO ELECT COBRA. (You may obtain a copy of the Notice of
Qualifying Event(Form &Notice Procedures)from the Plan Administrator.)
ELECTING COBRA COVERAGE
To elect COBRA, you must complete the Election Form that is part of the Plan's COBRA election notice and
submit it to Plan Administrator (An election notice will be provided to qualified beneficiaries at the time of a
qualifying event. You may also obtain a copy of the Election Form from the Plan Administrator.)
Under federal law, you must have 60 days after the date of the COBRA election notice provided to you at
the time of your qualifying event to decide whether you want to elect COBRA under the Plan. Mail or hand
deliver the completed Election Form to:
HMA,Inc.
P.O. Box 85016
Bellevue,WA 98015-5016
Attention: COBRA Unit
800/869-7093
4034a899.doc Page 8 of 25
The Election Form must be completed in writing and mailed or hand delivered to the individual and address
specified above. The following are not acceptable as COBRA elections and will not preserve COBRA rights:
oral communications regarding COBRA coverage, including in-person or telephone statements about an
individual's COBRA coverage; and electronic communications, including e-mail and faxed communications.
If mailed, your election must be postmarked (and if hand-delivered, your election must be received by the individual at
the address specified above) no later than 60 days after the date of the COBRA election notice provided to you at the
time of your qualifying event. IF YOU DO NOT SUBMIT A COMPLETED ELECTION FORM BY THIS DUE DATE, YOU WILL
LOSE YOUR RIGHT TO ELECT COBRA.
If you reject COBRA before the due date, you may change your mind as long as you furnish a completed Election Form
before the due date.
You do not have to send any payment with your Election Form when you elect COBRA. Important additional information
about payment for COBRA coverage is included below.
Each qualified beneficiary will have an independent right to elect COBRA. For example, the employee's spouse may elect
COBRA even if the employee does not. COBRA may be elected for only one, several, or for all dependent children who are
qualified beneficiaries. Covered employees and spouses (if the spouse is a qualified beneficiary) may elect COBRA on
behalf of all of the qualified beneficiaries, and parents may elect COBRA on behalf of their children. Any qualified
beneficiary for whom COBRA is not elected within the 60-day election period specified in the Plan's COBRA
election notice WILL LOSE HIS OR HER RIGHT TO ELECT COBRA COVERAGE.
When you complete the Election Form, you must notify the COBRA Administrator if any qualified beneficiary has become
entitled to Medicare (Part A, Part B, or both) and, if so, the date of Medicare entitlement. If you become entitled to
Medicare (or first learn that you are entitled to Medicare) after submitting the Election Form, immediately notify the
COBRA Administrator of the date of your Medicare entitlement at the address specified above for delivery of the Election
Form.
Qualified beneficiaries may be enrolled in one or more group health components of the Plan at the time of a qualifying
event(the components are Medical and Dental). If a qualified beneficiary is entitled to a COBRA election as the result of a
qualifying event, he or she may elect COBRA under any or all of the group health components of the Plan under which he
or she was covered on the day before the qualifying event. (For example, if a qualified beneficiary was covered under the
Medical and Dental components on the day before a qualifying event, he or she may elect COBRA under the Dental
component only, the Medical component only, or under both Medical and Dental.)
Qualified beneficiaries who are entitled to elect COBRA may do so even if they have other group health plan coverage or
are entitled to Medicare benefits on or before the date on which COBRA is elected. However, as discussed in more detail
below, a qualified beneficiary's COBRA coverage will terminate automatically if, after electing COBRA, he or she becomes
entitled to Medicare benefits or becomes covered under other group health plan coverage (but only after any applicable
preexisting condition exclusions of that other plan have been exhausted or satisfied). See the section below entitled
"Termination of COBRA Coverage Before the End of the Maximum Coverage Period."
SPECIAL CONSIDERATIONS IN DECIDING WHETHER TO ELECT COBRA
In considering whether to elect COBRA, you should take into account that a failure to elect COBRA will affect your future
rights under federal law. First, you can lose the right to avoid having preexisting condition exclusions applied to you by
other group health plans if you have more than a 63-day gap in health coverage, and election of COBRA may help you
not have such a gap. Second, you will lose the guaranteed right to purchase individual health insurance policies that do
not impose such preexisting condition exclusions if you do not get COBRA coverage for the maximum time available to
you. Finally, you should take into account that you have special enrollment rights under federal law. You have the right to
request special enrollment in another group health plan for which you are otherwise eligible (such as a plan sponsored by
your spouse's employer) within 30 days after your group health coverage under the Plan ends because of one of the
qualifying events listed above. You will also have the same special enrollment right at the end of COBRA coverage if you
get COBRA coverage for the maximum time available to you.
4034a899.doc Page 9 of 25
LENGTH OF COBRA COVERAGE
COBRA coverage is a temporary continuation of coverage. The COBRA coverage periods described below are maximum
coverage periods. COBRA coverage can end before the end of the maximum coverage period for several reasons, which
are described in the section below entitled "Termination of COBRA Coverage Before the End of the Maximum Coverage
Period."
When Plan coverage is lost due to the death of the employee, the covered employee's divorce or legal separation, or a
dependent child's losing eligibility as a dependent child, COBRA coverage can last for up to a total of 36 months.
When Plan coverage is lost due to the end of employment or reduction of the employee's hours of employment, and the
employee became entitled to Medicare benefits less than 18 months before the qualifying event, COBRA coverage for
qualified beneficiaries (other than the employee) who lose coverage as a result of the qualifying event can last until up to
36 months after the date of Medicare entitlement. For example, if a covered employee becomes entitled to Medicare eight
months before the date on which his employment terminates, COBRA coverage under the Plan for his spouse and children
who lost coverage as a result of his termination can last up to 36 months after the date of Medicare entitlement, which is
equal to 28 months after the date of the qualifying event (36 months minus eight months). This COBRA coverage period
is available only if the covered employee becomes entitled to Medicare within 18 months BEFORE the termination or
reduction of hours.
Otherwise, when Plan coverage is lost due to the end of employment or reduction of the employee's hours of
employment, COBRA coverage generally can last for only up to a total of 18 months.
EXTENSION OF MAXIMUM COVERAGE PERIOD
If the qualifying event that resulted in your COBRA election was the covered employee's termination of employment or
reduction of hours, an extension of the maximum period of coverage may be available if a qualified beneficiary is disabled
or a second qualifying event occurs. You must notify the COBRA Administrator of a disability or a second qualifying event
in order to extend the period of COBRA coverage. Failure to provide notice of a disability or second qualifying event will
eliminate the right to extend the period of COBRA coverage.
If a qualified beneficiary is determined by the Social Security Administration to be disabled and you notify the COBRA
Administrator in a timely fashion, all of the qualified beneficiaries in your family may be entitled to receive up to an
additional 11 months of COBRA coverage, for a total maximum of 29 months.This extension is available only for qualified
beneficiaries who are receiving COBRA coverage because of a qualifying event that was the covered employee's
termination of employment or reduction of hours.The disability must have started at some time before the 61st day after
the covered employee's termination of employment or reduction of hours and must last at least until the end of the
period of COBRA coverage that would be available without the disability extension (generally 18 months, as described
above). Each qualified beneficiary will be entitled to the disability extension if one of them qualifies.
The disability extension is available only if you notify the COBRA Administrator in writing of the Social Security
Administration's determination of disability within 60 days after the latest of:
• the date of the Social Security Administration's disability determination,
• the date of the covered employee's termination of employment or reduction of hours; and
• the date on which the qualified beneficiary loses (or would lose) coverage under the terms of the Plan as
a result of the covered employee's termination of employment or reduction of hours.
You must also provide this notice within 18 months after the covered employee's termination of employment or reduction
of hours in order to be entitled to a disability extension.
In providing this notice, you must use the Plan's form entitled "Notice of Disability (Form & Notice
Procedures)," and you must follow the procedures specified In the section below entitled "Notice
Procedures for Notice of Disability."If these procedures are not followed or if the notice is not provided in
4034a899.doc Page 10 of 25
writing to the COBRA Administrator during the 60-day notice period and within 18 months after the
covered employee's termination of employment or reduction of hours, THEN THERE WILL BE NO
DISABILITY EXTENSION OF COBRA COVERAGE. (You may obtain a copy of the Notice of Disability (Form & Notice
Procedures) from the COBRA Administrator.)
An extension of coverage will be available to spouses and dependent children who are receiving COBRA coverage if a
second qualifying event occurs during the 18 months (or, in the case of a disability extension, the 29 months) following
the covered employee's termination of employment or reduction of hours.
The maximum amount of COBRA coverage available when a second qualifying event occurs is 36 months. Such second
qualifying events may include the death of a covered employee, divorce or legal separation from the covered employee,
or a dependent child's ceasing to be eligible for coverage as a dependent under the Plan. These events can be a second
qualifying event only if they would have caused the qualified beneficiary to lose coverage under the Plan if the first
qualifying event had not occurred. (This extension is not available under the Plan when a covered employee becomes
entitled to Medicare.)
This extension due to a second qualifying event is available only if you notify the COBRA Administrator in writing of the
second qualifying event within 60 days'after the later of(1) the date of the second qualifying event; and (2) the date on
which the qualified beneficiary would lose coverage under the terms of the Plan as a result of the second qualifying event
(if it had occurred while the qualified beneficiary was still covered under the Plan).
In providing this notice, you must use the Plan's form entitled "Notice of Second Qualifying Event(Form &
Notice Procedures)," and you must follow the procedures specified in the section below entitled "Notice
Procedures for Notice of Second Qualifying Event." If these procedures are not followed or if the notice is
not provided in writing to the COBRA Administrator during the 60-day notice period,THEN THERE WILL BE
NO EXTENSION OF COBRA COVERAGE DUE TO A SECOND QUALIFYING EVENT. (You may obtain a copy of the
Notice of Second Qualifying Event(Form &Notice Procedures)from the COBRA Administrator.)
TERMINATION OF COBRA COVERAGE BEFORE THE END OF THE MAXIMUM COVERAGE PERIOD
COBRA coverage will automatically terminate before the end of the maximum period if:
• any required premium is not paid in full on time;
• a qualified beneficiary becomes covered, after electing COBRA, under another group health plan (but only
after any preexisting condition exclusions of that other plan for a preexisting condition of the qualified
beneficiary have been exhausted or satisfied);
• a qualified beneficiary becomes entitled to Medicare benefits (under Part A, Part B, or both) after electing
COBRA;
• the employer ceases to provide any group health plan for its employees; or
• during a disability extension period, the disabled qualified beneficiary is determined by the Social Security
Administration to be no longer disabled. For more information about the disability extension period, see
the section above entitled"Extension of Maximum Coverage Period
COBRA coverage may also be terminated for any reason the Plan would terminate coverage of a participant or beneficiary
not receiving COBRA coverage (such as fraud).
You must notify the COBRA Administrator in writing within 30 days if, after electing COBRA, a qualified beneficiary
becomes entitled to Medicare (Part A, Part B, or both) or becomes covered under other group health plan coverage (but
only after any preexisting condition exclusions of that other plan for a preexisting condition of the qualified beneficiary
have been exhausted or satisfied). You must use the Plan's form entitled "Notice of Other Coverage, Medicare
Entitlement, or Cessation of Disability (Form & Notice Procedures),"and you must follow the procedures specified below
in the section entitled"Notice Procedures for Notice of Other Coverage, Medicare Entitlement, or Cessation of Disability."
(You may obtain a copy of the Notice of Other Coverage, Medicare Entitlement, or Cessation of Disability (Form & Notice
Procedures)from the COBRA Administrator.)
4034a899.doc Page 11 of 25
COBRA coverage will terminate (retroactively if applicable) as of the date of Medicare entitlement or as of the beginning
date of the other group health coverage (after exhaustion or satisfaction of any preexisting condition exclusions for a
preexisting condition of the qualified beneficiary). The Plan Administrator will require repayment to the Plan of all benefits
paid after the termination date, regardless of whether or when you provide notice to the COBRA Administrator of
Medicare entitlement or other group health plan coverage.
If a disabled qualified beneficiary is determined by the Social Security Administration to no longer be disabled, you must
notify the COBRA Administrator of that fact within 30 days after the Social Security Administration's determination. You
must use the Plan's form entitled "Notice of Other Coverage, Medicare Entitlement, or Cessation of Disability (Form &
Notice Procedures)," and you must follow the procedures specified below in the section entitled "Notice Procedures for
Notice of Other Coverage, Medicare Entitlement, or Cessation of Disability." (You may obtain a copy of the Notice of
Other Coverage, Medicare Entitlement, or Cessation of Disability (Form & Notice Procedures) from the COBRA
Administrator.)
If the Social Security Administration's determination that the qualified beneficiary is no longer disabled occurs during a
disability extension period, COBRA coverage for all qualified beneficiaries will terminate (retroactively if applicable) as of
the first day of the month that is more than 30 days after the Social Security Administration's determination that the
qualified beneficiary is no longer disabled. The Plan Administrator will require repayment to the Plan of all benefits paid
after the termination date, regardless of whether or when you provide notice to the COBRA Administrator that the
disabled qualified beneficiary is no longer disabled. (For more information about the disability extension period, see the
section above entitled"Extension of Maximum Coverage Period.'
COST OF COBRA COVERAGE
Each qualified beneficiary is required to pay the entire cost of COBRA coverage. The amount a qualified beneficiary may
be required to pay may not exceed 102 percent (or, in the case of an extension of COBRA coverage due to a disability,
150 percent) of the cost to the group health plan (including both employer and employee contributions) for coverage of a
similarly situated plan participant or beneficiary who is not receiving COBRA coverage. The amount of your COBRA
premiums may change from time to time during your period of COBRA coverage and will most likely increase over time.
You will be notified of COBRA premium changes.
The Trade Act of 2002 created a new tax credit for certain individuals who become eligible for trade adjustment
assistance and for certain retired employees who are receiving pension payments from the Pension Benefit Guaranty
Corporation (eligible individuals). Under the new tax provisions, eligible individuals can take a tax credit equal to 65% of
premiums paid for qualified health insurance, including COBRA coverage. If you have questions about these new tax
provisions, you may call the Health Coverage Tax Credit Customer Contact Center toll-free at 1-866-628-4282. TTD/TTY
callers may call toll-free at 1-866-626-4282. More information about the Trade Act is also available at
www.doleta.gov/tradeact/2002act—indmasp.
PAYMENT FOR COBRA COVERAGE
All COBRA premiums must be paid by check.
Your first payment and all monthly payments for COBRA coverage must be mailed or hand-delivered to:
HMA,Inc.
P.O. Box 85016
Bellevue,WA 98015-5016
Attention: COBRA Unit
800/869-7093
If mailed, your payment is considered to have been made on the date that it is postmarked. If hand-delivered, your
payment is considered to have been made when it is received by the individual at the address specified above. You will
not be considered to have made any payment by mailing or hand delivering a check if your check is returned due to
insufficient funds or otherwise.
4034a899.doc Page 12 of 25
If you elect COBRA, you do not have to send any payment with the Election Form. However, you must make your first
payment for COBRA coverage not later than 45 days after the date of your election. (This is the date your Election Form
is postmarked, if mailed, or the date your Election Form is received by the individual at the address specified for delivery
of the Election Form, if hand-delivered.) See the section above entitled"Electing COBRA Coverage."
Your first payment must cover the cost of COBRA coverage from the time your coverage under the Plan would have
otherwise terminated up through the end of the month before the month in which you make your first payment. (For
example, Sue's employment terminates on September 30, and she loses coverage on September 30. Sue elects COBRA
on November 15. Her initial premium payment equals the premiums for October and November and is due on or before
December 30, the 45th day after the date of her COBRA election.) You are responsible for making sure that the amount
of your first payment is correct. You may contact the COBRA Administrator using the contact information provided below
to confirm the correct amount of your first payment.
Claims for reimbursement will not be processed and paid until you have elected COBRA and made the first payment for it.
If you do not make your first payment for COBRA coverage in full within 45 days after the date of your
election,you will lose all COBRA rights under the Plan.
After you make your first payment for COBRA coverage, you will be required to make monthly payments for each
subsequent month of COBRA coverage.The amount due for each month for each qualified beneficiary will be disclosed in
the election notice provided to you at the time of your qualifying event. Under the Plan, each of these monthly payments
for COBRA coverage is due on the first day of the month for that month's COBRA coverage. If you make a monthly
payment on or before the first day of the month to which it applies, your COBRA coverage under the Plan will continue
for that month without any break. The COBRA Administrator will not send periodic notices of payments due for these
coverage periods (that is, we will not send a bill to you for your COBRA coverage—it is your responsibility to pay your
COBRA premiums on time).
Although monthly payments are due on the first day of each month of COBRA coverage, you will be given a grace period
of 30 days after the first day of the month to make each monthly payment. Your COBRA coverage will be provided for
each month as long as payment for that month is made before the end of the grace period for that payment. However, if
you pay a monthly payment later than the first day of the month to which it applies, but before the end of the grace
period for the month, your coverage under the Plan will be suspended as of the first day of the month and then
retroactively reinstated (going back to the first day of the month)when the monthly payment is received.This means that
any claim you submit for benefits while your coverage is suspended may be denied and may have to be resubmitted once
your coverage is reinstated.
If you fail to make a monthly payment before the end of the grace period for that month, you will lose all
rights to COBRA coverage under the Plan.
MORE INFORMATION ABOUT INDIVIDUALS WHO MAY BE QUALIFIED BENEFICIARIES
A child born to, adopted by, or placed for adoption with a covered employee during a period of COBRA coverage is
considered to be a qualified beneficiary provided that, if the covered employee is a qualified beneficiary, the covered
employee has elected COBRA coverage for himself or herself. The child's COBRA coverage begins when the child is
enrolled in the Plan, whether through special enrollment or open enrollment, and it lasts for as long as COBRA coverage
lasts for other family members of the employee.To be enrolled in the Plan, the child must satisfy the otherwise applicable
Plan eligibility requirements (for example, regarding age).
A child of the covered employee who is receiving benefits under the Plan pursuant to a qualified medical child support
order (QMCSO) received by the Plan Administrator during the covered employee's period of employment with City of
Renton is entitled to the same rights to elect COBRA as an eligible dependent child of the covered employee.
IF YOU HAVE QUESTIONS
Questions concerning your Plan or your COBRA rights should be addressed to the contact or contacts identified below. For
more information about your rights under ERISA, including COBRA, the Health Insurance Portability and Accountability
4034a899.doc Page 13 of 25
Act (HIPAA), and other laws affecting group health plans, contact the nearest Regional or District Office of the U.S.
Department of Labor's Employee Benefits Security Administration (EBSA) in your area or visit the EBSA website at
www.dol.gov/ebsa. (Addresses and phone numbers of Regional and District EBSA Offices are available through EBSA's
website.)
KEEP YOUR PLAN INFORMED OF ADDRESS CHANGES
In order to protect your family's rights, you should keep the Plan and COBRA Administrators informed of any changes in
the addresses of family members. You should also keep a copy, for your records, of any notices you send to the Plan and
COBRA Administrators.
PLAN CONTACT INFORMATION
You may obtain information about the Plan and COBRA coverage on request from:
City of Renton
1055 S. Grady Way
Renton,WA 98055
425/430-7659
The contact information for the Plan may change from time to time. The most recent information will be included in the
Plan's most recent SPD (if you are not sure whether this is the Plan's most recent SPD, you may request the most recent
one from Plan Administrators).
NOTICE PROCEDURES
CITY OF RENTON EMPLOYEE HEALTH CARE PLAN (the Plan)
NOTICE PROCEDURES FOR NOTICE OF QUALIFYING EVENT
The deadline for providing this notice is 60 days after the later of (1) the qualifying event (i.e., a divorce or legal
separation or a child's loss of dependent status); and (2)the date on which the covered spouse or dependent child would
lose coverage under the terms of the Plan as a result of the qualifying event.
You must mail or hand deliver this notice to:
City of Renton
1055 S. Grady Way
Renton,WA 98055
425/430-7659
Your notice must be in writing (using the Plan's form described below)and must be mailed or hand-delivered. Oral notice,
including notice by telephone, is not acceptable. Electronic (including e-mailed or faxed) notices are not acceptable. If
mailed, your notice must be postmarked no later than the deadline described above. If hand-delivered, your notice must
be received by the individual at the address specified above no later than the deadline described above.
You must use the Plan's form entitled "Notice of Qualifying Event (Form & Notice Procedures)" to notify
the Plan Administrator of a qualifying event (i.e., a divorce or legal separation or a child's loss of
4034a899.doc Page 14 of 25
X
dependent status), and all of the applicable items on the form must be completed. (You may obtain a copy of
the Notice of Qualifying Event(Form &Notice Procedures)from the Plan Administrator.
Your notice must contain the following information:
• the name of the Plan (City of Renton Employee Health Care Plan);
• the name and address of the employee or former employee who is or was covered under the Plan;
• the name(s) and address(es) of all qualified beneficiary(ies) who lost coverage due to the qualifying
event(divorce, legal separation, or child's loss of dependent status);
• the qualifying event(divorce, legal separation, or child's loss of dependent status);
• the date that the divorce, legal separation, or child's loss of dependent status happened; and
• the signature, name, and contact information of the individual sending the notice.
If you are notifying the Plan Administrator of a divorce or legal separation, your notice must include a copy of the decree
of divorce or legal separation.
If your coverage is reduced or eliminated and later a divorce or legal separation occurs, and you are notifying the Plan
Administrator that your Plan coverage was reduced or eliminated in anticipation of the divorce or legal separation, you
must provide notice within 60 days of the divorce or legal separation in accordance with these Notice Procedures for
Notice of Qualifying Event and must in addition provide evidence satisfactory to the Plan Administrator that your coverage
was reduced or eliminated in anticipation of the divorce or legal separation.
If you provide a written notice that does not contain all of the information and documentation required by these Notice
Procedures for Notice of Qualifying Event, such a notice will nevertheless be considered timely if all of the following
conditions are met:
• the notice is mailed or hand-delivered to the individual and address specified above;
• the notice is provided by the deadline described above;
• from the written notice.provided, the Plan Administrator is able to determine that the notice relates to the
Plan;
• from the written notice provided, the Plan Administrator is able to identify the covered employee and
qualified beneficiary(ies), the qualifying event (the divorce, legal separation, or child's loss of dependent
status), and the date on which the qualifying event occurred; and
• the notice is supplemented in writing with the additional information and documentation necessary to
meet the Plan's requirements (as described in these Notice Procedures for Notice of Qualifying Event)
within 15 business days after a written or oral request from the Plan Administrator for more information
(or, if later, by the deadline for the Notice of Qualifying Event described above).
If any of these conditions is not met, the incomplete notice will be rejected and COBRA will not be offered. If all of these
conditions are met, the Plan will treat the notice as having been provided on the date that the Plan receives all of the
required information and documentation but will accept the notice as timely.
The covered employee (i.e., the employee or former employee who is or was covered under the Plan), a qualified
beneficiary with respect to the qualifying event, or a representative acting on behalf of either may provide the notice. A
notice provided by any of these individuals will satisfy any responsibility to provide notice on behalf of all qualified
beneficiaries who lost coverage due to the qualifying event described in the notice.
If your notice was regarding a child's loss of dependent status, you must, if the Plan Administrator requests it, provide
documentation of the date of the qualifying event that is satisfactory to the Plan Administrator (for example, a birth
certificate to establish the date that a child reached the limiting age, a marriage certificate to establish the date that a
child married, or a transcript showing the last date of enrollment in an educational institution). This will allow the Plan
Administrator to determine If you gave timely notice of the qualifying event and were consequently entitled to elect
COBRA. If you do not provide satisfactory evidence within 15 business days after a written or oral request from the Plan
4034a899.doc Page 15 of 25
Administrator that the child ceased to be a dependent on the date specified in your Notice of Qualifying Event, his or her
COBRA coverage may be terminated (retroactively if applicable) as of the date that COBRA coverage would have started.
The Plan Administrator will require repayment to the Plan of all benefits paid after the termination date.
NOTICE PROCEDURES FOR NOTICE OF DISABILITY
The deadline for providing this notice is 60 days after the latest of (1) the date of the Social Security Administration's
disability determination; (2) the date of the covered employee's termination of employment or reduction of hours; and (3)
the date on which the qualified beneficiary would lose coverage under the terms of the Plan as a result of the termination
of employment or reduction of hours. Your Notice of Disability must also be provided within 18 months after the covered
employee's termination of employment or reduction of hours.
You must mail or hand deliver this notice to:
City of Renton
1055 S. Grady Way
Renton,WA 98055
425/430-7659
Your notice must be in writing (using the Plan's form described below) and must be mailed or hand-
delivered. Oral notice, including notice by telephone, is not acceptable. Electronic (including e-mailed or
faxed) notices are not acceptable. If mailed, your notice must be postmarked no later than the deadline
described above. If hand-delivered,your notice must be received by the individual at the address specified
above no later than the deadline described above.
You must use the Plan's form entitled "Notice of Disability (Form & Notice Procedures)"to notify the Plan
Administrator of a qualified beneficiary's disability, and all of the applicable items on the form must be
completed. (You may obtain a copy of the Notice of Disability(Form &Notice Procedures) from the Plan Administrator.)
Your notice must contain the following information:
• the name of the Plan (City of Renton Employee Health Care Plan);
• the name and address of the employee or former employee who is or was covered under the Plan;
• the initial qualifying event that started your COBRA coverage (the covered employee's termination of
employment or reduction of hours);
• the date that the covered employee's termination of employment or reduction of hours happened;
• the name(s) and address(es) of all qualified beneficiary(ies) who lost coverage due to the termination or
reduction of hours and who are receiving COBRA coverage at the time of the notice;
• the name and address of the disabled qualified beneficiary;
• the date that the qualified beneficiary became disabled;
• the date that the Social Security Administration made its determination of disability;
• a statement as to whether or not the Social Security Administration has subsequently determined that the
qualified beneficiary is no longer disabled; and
• the signature, name, and contact information of the individual sending the notice.
Your Notice of Disability must include a copy of the Social Security Administration's determination of disability.
If you provide a written notice to the Plan Administrator that does not contain all of the information and documentation
required by these Notice Procedures for Notice of Disability, such a notice will nevertheless be considered timely if all of
the following conditions are met:
4034a899.doc Page 16 of 25
• the notice is mailed or hand-delivered to the individual and address specified above;
• the notice is provided by the deadline described above;
• from the written notice provided, the Plan Administrator is able to determine that the notice relates to the
Plan and a qualified beneficiary's disability;
• from the written notice provided, the Plan Administrator is able to identify the covered employee and
qualified beneficiary(ies) and the date on which the covered employee's termination of employment or
reduction of hours occurred; and
• the notice is supplemented in writing with the additional information and documentation necessary to
meet the Plan's requirements (as described in these Notice Procedures for Notice of Disability) within 15
business days after a written or oral request from the Plan Administrator for more information (or, if
later, by the deadline for the Notice of Disability described above).
If any of these conditions is not met, the incomplete notice will be rejected and COBRA will not be extended. If all of
these conditions are met, the Plan will treat the notice as having been provided on the date that the Plan receives all of
the required information and documentation but will accept the notice as timely.
The covered employee (i.e., the employee or former employee who is or was covered under the Plan), a qualified
beneficiary who lost coverage due to the covered employee's termination or reduction of hours and is still receiving
COBRA coverage, or a representative acting on behalf of either may provide the notice. A notice provided by any of these
individuals will satisfy any responsibility to provide notice on behalf of all qualified beneficiaries who may be entitled to an
extension of the maximum COBRA coverage period due to the disability reported in the notice.
NOTICE PROCEDURES FOR NOTICE OF SECOND QUALIFYING EVENT
The deadline for providing this notice is 60 days after the later of (1) the date of the second qualifying event (i.e., a
divorce or legal separation, the covered employee's death, or a child's loss of dependent status); and (2) the date on
which the covered spouse or dependent child would lose coverage under the terms of the Plan as a result of the second
qualifying event(if this event had occurred while the qualified beneficiary was still covered under the Plan).
You must mail or hand deliver this notice to the COBRA Administrator at:
HMA,Inc.
P.O. Box 85016
Bellevue,WA 98015-5016
Attention: COBRA Unit
800/869-7093
Your notice must be in writing (using the Plan's form described below) and must be mailed or hand-
delivered. Oral notice, including notice by telephone, is not acceptable. Electronic (including e-mailed or
faxed) notices are not acceptable. If mailed, your notice must be postmarked no later than the deadline
described above. If hand-delivered, your notice must be received by the individual at the address specified
above no later than the deadline described above.
You must use the Plan's form entitled "Notice of Second Qualifying Event (Form & Notice Procedures)"to
notify the COBRA Administrator of a second qualifying event (i.e., a divorce or legal separation, the
covered employee's death, or a child's loss of dependent status), and all of the applicable items on the
form must be completed. (You may obtain a copy of the Notice of Second Qualifying Event (Form & Notice
Procedures)from the COBRA Administrator).
Your notice must contain the following information:
4034a899.doc Page 17 of 25
• the name of the Plan (City of Renton Employee Health Care Plan);
• the name and address of the employee or former employee who is or was covered under the Plan;
• the initial qualifying event that started your COBRA coverage (the covered employee's termination of
employment or reduction of hours);
• the date that the covered employee's termination of employment or reduction of hours happened;
• the name(s) and address(es) of all qualified beneficiary(ies) who lost coverage due to the termination or
reduction of hours and who are receiving COBRA coverage at the time of the notice;
• the second qualifying event(a divorce or legal separation, the covered employee's death, or a child's loss
of dependent status);
• the date that the divorce or legal separation, the covered employee's death, or a child's loss of dependent
status happened; and
• the signature, name, and contact information of the individual sending the notice.
If you are notifying the COBRA Administrator of a divorce or legal separation, your notice must include a copy of the
decree of divorce or legal separation.
If you provide a written notice to the COBRA Administrator that does not contain all of the information and
documentation required by these Notice Procedures for Notice Second Qualifying Event, such a notice will nevertheless be
considered timely if all of the following conditions are met:
• the notice is mailed or hand-delivered to the individual and address specified above;
• the notice is provided by the deadline described above;
• from the written notice provided, the COBRA Administrator is able to determine that the notice relates to
the Plan;
• from the written notice provided, the COBRA Administrator is able to identify the covered employee and
qualified beneficiary(ies), the first qualifying event(the covered employee's termination of employment or
reduction of hours), the date on which the first qualifying event occurred, the second qualifying event,
and the date on which the second qualifying event occurred; and
• the notice is supplemented in writing with the additional information and documentation necessary to
meet the Plan's requirements (as described in these Notice Procedures for Notice of Second Qualifying
Event) within 15 business days after a written or oral request from the COBRA Administrator for more
information (or, if later, by the deadline for this Notice of Second Qualifying Event described above).
If any of these conditions is not met, the incomplete notice will be rejected and COBRA will not be extended. If all of
these conditions are met, the Plan will treat the notice as having been provided on the date that the Plan receives all of
the required information and documentation but will accept the notice as timely.
The covered employee (i.e., the employee or former employee who is or was covered under the Plan), a qualified
beneficiary who lost coverage due to the covered employee's termination or reduction of hours and is still receiving
COBRA coverage, or a representative acting on behalf of either may provide the notice. A notice provided by any of these
individuals will satisfy any responsibility to provide notice on behalf of all qualified beneficiaries who may be entitled to an
extension of the maximum COBRA coverage period due to the second qualifying event reported in the notice.
If your notice was regarding a child's loss of dependent status, you must, if the COBRA Administrator requests it, provide
documentation of the date of the qualifying event that is satisfactory to the COBRA Administrator(for example, a birth
certificate to establish the date that a child reached the limiting age, a marriage certificate to establish the date that a
child married, or a transcript showing the last date of enrollment in an educational institution).This will allow the COBRA
Administrator to determine if you gave timely notice of the second qualifying event and were consequently entitled to an
extension of COBRA coverage. If you do not provide satisfactory evidence within 15 business days after a written or oral
request from the COBRA Administrator that the child ceased to be a dependent on the date specified in your Notice of
Second Qualifying Event, his or her COBRA coverage may be terminated (retroactively if applicable)as of the date that
4034a899.doc Page 18 of 25
COBRA coverage would have ended without an extension due to loss of dependent status.The Plan Administrator will
require repayment to the Plan of all benefits paid after the termination date.
If your notice was regarding the death of the covered employee, you must, if the COBRA Administrator requests it,
provide documentation of the date of death that is satisfactory to the COBRA Administrator (for example, a death
certificate or published obituary). This will allow the COBRA Administrator to determine if you gave timely notice of the
second qualifying event and were consequently entitled to an extension of COBRA coverage. If you do not provide
satisfactory evidence within 15 business days after a written or oral request from the COBRA Administrator that the date
of death was the date specified in your Notice of Second Qualifying Event, the COBRA coverage of all qualified
beneficiaries receiving an extension of COBRA coverage as a result of the covered employee's death may be terminated
(retroactively if applicable) as of the date that COBRA coverage would have ended without an extension due to the
covered employee's death. The Plan Administrator will require repayment to the Plan of all benefits paid after the
termination date.
NOTICE PROCEDURES FOR NOTICE OF OTHER COVERAGE, MEDICARE ENTITLEMENT, OR CESSATION OF
DISABILITY
If you are providing a Notice of Other Coverage (a notice that a qualified beneficiary has become covered, after electing
COBRA, under other group health plan coverage), the deadline for this notice is 30 days after the other coverage
becomes effective or, if later, 30 days after exhaustion or satisfaction of any preexisting condition exclusions for a
preexisting condition of the qualified beneficiary.
If you are providing a Notice of Medicare Entitlement (a notice that a qualified beneficiary has become entitled, after
electing COBRA, to Medicare Part A, Part B, or both), the deadline for this notice is 30 days after the beginning of
Medicare entitlement(as shown on the Medicare card).
If you are providing a Notice of Cessation of Disability (a notice that a disabled qualified beneficiary whose disability
resulted in an extended COBRA coverage period is determined by the Social Security Administration to be no longer
disabled), the deadline for this notice is 30 days after the date of the Social Security Administration's determination.
You must mail or hand deliver this notice to the COBRA Administrator at:
HMA, Inc.
P.O. Box 85016
Bellevue,WA 98015-5016
Attention: COBRA Unit
800/869-7093
Your notice must be provided no later than the deadline described above.
You should use the Plan's form entitled "Notice of Other Coverage, Medicare Entitlement, or Cessation of
Disability(Form &Notice Procedures)"to notify the COBRA Administrator of any of these events,and all of
the applicable items on the form should be completed. (You may obtain a copy of the Notice of Other Coverage,
Medicare Entitlement, or Cessation of Disability(Form &Notice Procedures)from the COBRA Administrator.)
Your notice should contain the following information:
• the name of the Plan (City of Renton Employee Health Care Plan);
• the name and address of the employee or former employee who is or was covered under the Plan;
• the name(s)and address(es) of all qualified beneficiary(ies);
• the qualifying event that started your COBRA coverage;
• the date that the qualifying event happened; and
4034a899.doc Page 19 of 25
• the signature, name, and contact information of the individual sending the notice.
If you are providing a Notice of Other Coverage, your notice should include the name and address of the qualified
beneficiary who obtained other coverage, the date that the other coverage became effective (and, if there were any
preexisting condition exclusions applicable to the qualified beneficiary, the date that these were exhausted or satisfied),
and evidence of the effective date of the other coverage (such as a copy of the insurance card or application for
coverage).
If you are providing a Notice of Medicare Entitlement, your notice should include the name and address of the qualified
beneficiary who became entitled to Medicare, the date that Medicare entitlement occurred, and a copy of the Medicare
card showing the date of Medicare entitlement. If you are providing a Notice of Cessation of Disability, your notice must
include the name and address of the disabled qualified beneficiary, the date of the Social Security Administration's
determination that he or she is no longer disabled, and a copy of the Social Security Administration's determination.
The covered employee (i.e., the employee or former employee who is or was covered under the Plan), a qualified
beneficiary with respect to the qualifying event, or a representative acting on behalf of either may provide the notice. A
notice provided by any of these individuals will satisfy any responsibility to provide notice on behalf of all related qualified
beneficiaries with respect to the other coverage, Medicare entitlement, or cessation of disability reported in the notice.
If a qualified beneficiary first becomes covered by other group health plan coverage after electing COBRA, that qualified
beneficiary's COBRA coverage will terminate (retroactively if applicable) as described above in the section entitled
"Termination of COBRA Coverage Before the End of the Maximum Coverage Period," regardless of whether or when a
Notice of Other Coverage is provided.
If a qualified beneficiary first becomes entitled to Medicare Part A, Part B, or both after electing COBRA, that qualified
beneficiary's COBRA coverage will terminate (retroactively if applicable) as described above in the section entitled
"Termination of COBRA Coverage Before the End of the Maximum Coverage Period," regardless of whether or when a
Notice of Medicare Entitlement is provided.
If a disabled qualified beneficiary is determined by the Social Security Administration to be no longer disabled, COBRA
coverage for all qualified beneficiaries whose COBRA coverage is extended due to the disability will terminate
(retroactively if applicable) as described above in the section entitled"Termination of COBRA Coverage Before the End of
the Maximum Coverage Period,"regardless of whether or when a Notice of Cessation of Disability is provi
MANDATORY CHANGE
4034a899.doc Page 20 of 25
OTHER MANDATORY CHANGES
Performance Drug List Amend to add language to On Section 8 page 1 of the Summary Plan
the prescription plan that Description, under the Prescription Drug Card
describes how the preferred Program section, add the following paragraph:
drug list works.
BRAND NAME PERFORMANCE DRUGS
An important element of your AdvancePCS
Prescription Drug Card Program is the opportunity to
select drugs from the Formulary Drug List. The
Formulary Drug List is a guide to the best values
within select therapeutic categories, which helps the
provider identify products that will provide optimal
clinical results at a lower cost. The Formulary Drug
List undergoes a thorough review and/or revision
annually. Interim changes could occur to reflect
changes in the market. These changes could include;
entry of new products or other events that alter the
clinical or economic value of the products on the
Formulary Drug List. Please see your Human
Resources Department for a copy of the Formulary
Drug List, or visit the AdvancePCS website address
http://www.druglist.com.
MANDATORY CHANGE
Coordination of Benefits Add the following to the On Section 8 page 1 of the Summary Plan
Plan does not allow Coordination of Benefits Description, under the Prescription Drug Card
Coordination of Benefits for definition: Program section, add the following paragraph:
drugs, but this is not explicitly
stated in the Summary Plan COORDINATION OF BENEFITS
Description
Coordination of Benefits does not apply to outpatient
prescription drug card programs.
MANDATORY CHANGE
Medical Plan Exclusions Enhanced language to include On Section 7 page 3 of the Summary Plan
treatment'for non-medically Description, under the General Exclusions to the
Services or supplies not necessary services to further Medical Plan, replace exclusion Medically
Medically necessary for clarify and broaden the Necessary with the following:
treatment of a disease, illness language on this exclusion.
or injury except as specifically By adding treatment', the Medically Necessary- Services and supplies not
provided for under the Plan's language will be broadened medically necessary(as defined in the Definition
Preventive Care Benefit, to encompass more than Section) for the diagnosis or treatment of an illness or
Hospice Benefit and well-baby excluding charges not injury, unless otherwise listed as covered.
nursery care covered in the medically necessary for the
hospital. diagnosis of an illness.
Additionally, the new
language will more accurately
represent what and how we MANDATORY CHANGE
are currently administering
the plans and provide clarity
to the providers and
members as to how the
benefits are administered.
4034a899.doc Page 21 of 25
MANDATORY CHANGES
ERISA Exempt Update the Qualified Medical On Section 4 page 3 of the Summary Plan
Child Support Order section Description, under the Eligibility&Enrollment
to reflect the ERISA Exempt Provisions, replace with the following:
language.
Special Enrollment for New Dependents
through Qualified Medical Child Support Order:
The Plan will honor the terms of a Qualified Medical
Child Support Order (QMCSO). The order must be
issued as a part of a judgment, order of decree or a
divorce settlement agreement related to a child
support, alimony, or the division of marital property,
issued pursuant to state law. Agreements made by
the parties, but not formally approved by a court are
not acceptable. If the child is enrolled within 31 days
of the court of state agency order, the waiting period
and pre-existing conditions exclusion period do not
apply.
MANDATORY CHANGE
ERISA Exempt Update the Applicable Law On Section 13 page 15 of the Summary Plan
language to reflect the ERISA Description, under the General Provisions, replace
Exempt language. the Applicable Law definition with the following:
APPLICABLE LAW
This Plan is a governmental (sponsored) plan and as
such it is exempt from the requirements of the
Employee Retirement Income Security Act of 1974
(also known as ERISA), which is a federal law
regulating employee welfare and pension plans. Your
rights as a participant in the Plan are governed by the
plan documents and applicable state law and
regulations.
MANDATORY CHANGE
4034a899.doc Page 22 of 25
MANDATORY CHANGES
ERISA Exempt Update the Fiduciary On Section 13 page 16 of the Summary Plan
Operation language to reflect Description, under the General Provisions, replace
the ERISA Exempt language. the Fiduciary Operation definition with the
following:
FIDUCIARY OPERATION
Each fiduciary shall discharge their duties with respect
to the Plan solely in the interest of the employees and
beneficiaries and: (1)for the exclusive purposes of
providing benefits to employees and their
beneficiaries and defraying reasonable expenses of
administering the Plan, (2) with care, skill, prudence
and diligence under the circumstances then prevailing
that a prudent person, acting in a like capacity and
familiar with such matters, would use in the conduct
of an enterprise of a like character and with like aims,
and (3) in accordance with the documents and
instruments governing the Plan.
MANDATORY CHANGE
❑ Yes,Accepted ❑ No, Decline
4034a899.doc Page 23 of 25
Write new Summary Plan Description to The re-writing fee is $1,000, plus the Write New Summary Plan
include the above approved changes, or cost of booklet printing. The cost of Description:
amend Summary Plan Description to an Amendment is $125. ® Yes, Accepted ❑ No, Decline
include the above approved changes. Document Effective Date: 01/01/05
Amend Current Summary Plan
Description:
❑ Yes, Accepted ® No, Decline
Amendment Effective Date:
4034a899.doc Page 24 of 25
Plan Document Amendment Approval Notification
It is agreed by, The City of Renton that the provisions in the Plan Document are amended and that these amendments
are acceptable and will be the basis for the administration of the Plan as described herein.
The effective date of this plan amendment will be no earlier than the first of the month following the date of signature
below.
Signed at Renton, Washington, this �day of 20_Q$�for an effective date of January 1,
2005.
Signature Title
/GAL
Print Name
4034a899.doc Page 25 of 25
OCAG-03-144 Addendum #1-04
APPENDIX"B"
The following is a comparison of the Self-Funded Medical Plan and the Group Health
Cooperative Plan for 2005. The different columns represent the monthly premium
required from employees who select the Group Health Plan.
Employee $14.86
Employee and One Child $104.90 plus $20.00 premium share=$124.90
Employee& Spouse $56.20 plus $20.00 premium share=$76.20
Employee& 2 Children $115.02 plus$35.00 premium share=$150.02
Employee,Spouse& 1 Child $146.23 plus$35.00 premium share=$181.23
Employee,Spouse& 2+Children $205.05 plus $50.00 premium share=$255.05