HomeMy WebLinkAboutContract r
CAG-03-181
AGREEMENT
By and Between
CITY OF RENTON
and
NON-COMMISSIONED EMPLOYEES OF THE
RENTON POLICE OFFICERS' GUILD
2003 - 2005
Police Non-CommissionedMntract
2003-2005
TABLE OF CONTENTS
Preamble........................................................................................... 3
Article 1 Recognition and Bargaining Unit....................................................... 3
Article 2 Union Membership and Dues Deduction........................................... 3
Article 3 Employment Practices....................................................................... 5
Article 4 Hours of Duty and Overtime.............................................................. 6
Article5 Salaries ........................................................................................... 10
Article 6 Allowances and Premiums................................................................ 10
Article7 Sick Leave.........................................................................................13
Article8 Holidays ........................................................................................... 14
Article 9 Tuition Reimbursement..................................................................... 14
Article 10 Educational Incentive........................................................................ 15
Article 11 Personal Leave ................................................................................. 15
Article12 Longevity...........................................................................................18
Article13 Pensions ...........................................................................................18
Article 14 Insurances......................................................................................... 18
Article15 Bill of Rights ......................................................................................20
Article 16 Management Rights ..........................................................................24
Article 17 Grievance Procedure ........................................................................24
Article 18 Performance of Duty .........................................................................26
Article 19 Retention of Benefits.........................................................................26
Article20 Pay Days...........................................................................................27
Article 21 Savings Clause .................................................................................27
Article 22 Entire Agreement ..............................................................................29
Article 23 Duration of Agreement......................................................................29
AppendixA Salaries ...........................................................................................30
Appendix B Longevity/Education Premiums.........................................................32
Appendix C General Order No. 52.1 ...........................................................33
Appendix D Medical Release Form............................................................42
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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, Non-
Commissioned hereinafter referred to as the Guild, governing wages, hours, and
working conditions for certain members of the Renton Police Department.
It is intended that 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
non-commissioned employees for the purpose of bargaining with the Employer. A non-
commissioned employee is defined as outlined in RCW 41.56.030(2). The Guild
represents those classes listed in Appendix A.
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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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 toward 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 requirements 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.
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
above if an emergency exists or when such time off would unreasonably impact
departmental operations.
Section D. Dues Deduction. Upon written authorization by an employee and approval
by the Guild Executive Board, the Employer agrees to deduct from the wages of each
employee the sum certified as initiation dues and assessments twice each month as
Guild dues, and to forward the sum to the Guild Secretary or Treasurer. If any
employee does not have a check coming to him/her or the check is not large enough to
satisfy the assessments, no deductions shall be made from the employee for that
calendar month. All requests to cancel dues deductions shall be in writing to the
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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 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 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
the employee's written request) after a maximum period of two years if there is
no recurrence 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
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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 one year. 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 AND OVERTIME
Section A. Hours of Duty. The required hours of duty for employees in the bargaining
unit shall be 2080 hours per year, based on a work week of: five (5) consecutive
days on duty followed by two (2) consecutive days off duty (5/2) unless otherwise
provided in this Article.
1. The workweek for all or some employees may be revised upon mutual
agreement between the Guild and Police Administration. Mutual
agreement on revised work schedules shall be documented in written
format and a copy sent to the Human Resources & Risk Management
Administrator.
2. Jailers shall work a six (6) day on-three (3) day off schedule. Each day on
duty shall consist of an eight and one half (8 1/2) hour shift including
required briefing time with the Employer having the right to schedule the
additional half hour at either the beginning or end of the shift or of splitting
the half hour into two fifteen (15) minute intervals placed at both the
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beginning and end of the current shift. Any change in the scheduling of
this half hour may only be done during the regular staff rotation with
employees given at least fifteen (15) calendar days notice or at any time
mutually agreed upon by both the Guild and Police Administration. Mutual
agreement shall be documented in a written format and a copy sent to the
Human Resources & Risk Management Administrator.
Notwithstanding the above provisions, the Employer may schedule one (1)
day shift jailer to a five (5) consecutive days on, two (2) consecutive days
off schedule, Monday through Friday. The jail supervisor and EHD
position shall also work a five (5) consecutive days on, two (2)
consecutive days off schedule, Monday through Friday.
Jailers working a six (6) day on, three (3) day off schedule shall have a
twenty-seven (27) day work period for the purposes of computing overtime
compensation due under the FLSA.
The City and the Guild agree to enter into a MOU for a trial period of alternative
work schedules for Jailers, Jail Sergeants, Electronic Home Detention Officers
(EHD) and Evidence Technicians. The trial period shall be a minimum of six (6)
months and upon the conclusion of the trial period either the City or the Guild
shall have the right to revert back to the original schedule if either party can
articulate reasons not to continue with the alternative schedules.
The schedules shall be:
Jailers and Jail Sergeants shall work three (3) consecutive days on followed by
three (3) consecutive days off (3-3 twelve (12) hour schedule). For section 7(k)
purposes under the Fair Labor Standards Act, the work period (FLSA, 29
U.S.C.,207)(k) shall be twenty-four (24) days.
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 (2189 total hours per
year).
Electronic Home Detention Officer (EHD) shall work a 9/80 schedule. The
details will be worked out in a MOU.
Evidence Technicians shall work 4/10 schedule, ten (10) hours a day, four (4)
days a week followed by 3 days off.
If for any reason either the EHD or Evidence Technician fall below the staffing
level of two (2) officers for an extended period of time their schedule shall revert
back to a 5/2 schedule.
3. Police Service Specialists shall work a four (4) consecutive ten (10) hour
days on, followed by three (3) consecutive days off.
4. Animal Control Officers shall work four (4) consecutive ten (10) hour days
on, followed by three (3) consecutive days off.
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5. The Traffic Controller shall work a four (4) consecutive eight (8) hour days
on, followed by three (3) consecutive days off, and be available when
necessary to relieve the part-time Traffic Controller.
The part-time Traffic Controller shall work a two (2) consecutive eight (8)
hour days on, followed by five (5) consecutive days off, and be available
when necessary to relieve the Traffic Controller.
6. The Police Secretaries shall work five (5) consecutive eight (8) hour days
on, two (2) consecutive days off schedule, Monday through Friday.
7. Community Program Coordinators, Crime Analysts, and Domestic
Violence Victim's Advocate shall work five (5) consecutive eight (8) hour
days on, followed by two (2) consecutive days off schedule, Monday
through Friday.
The rotation of personnel between shifts 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 notification shall occur no later than fifteen (15)
calendar days prior to the personnel rotation, except when such employees are
probationary employees, or waive this provision in writing, or when such rotations
are needed due to a bona fide law enforcement emergency.
Section B. Overtime.
1. 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. Overtime will not be paid for hours
in excess of a scheduled shift resulting from a regularly scheduled shift rotation.
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. All employees shall be paid time and one half for each hour worked in excess of
forty (40) hours in one week, provided, these overtime hours have not already
been paid under Section B.1 above.
4. Overtime, except for training, shall be voluntary, provided that if there are not
enough volunteers to meet public safety requirements, overtime shall be
mandatory.
5. Employees may not accumulate less than fifteen (15) minute increments of
overtime.
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6. In recognition of Fair labor Standards Act (FLSA) guidelines, overtime shall be
computed on the base pay of the employee and shall include any premiums as
described in Article 6 of this Agreement in calculation of the overtime rate.
Section C. Overtime Minimums. In the event overtime is not in conjunction with
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
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 and use of such time is approved by the
Administrative Officer or Officer officially acting in that capacity.
Section E. 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 F. 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:
If the scheduled off-site training day exceeds six (6) hours and occurs on the
employee's workday, the hours of training shall constitute an entire workday,
regardless of the employee's hours of duty:
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The employee agrees to waive any overtime resulting from attendance at any training
school or session on a scheduled workday provided that the affected employee is
relieved of all police duties as follows:
(a) When the training occurs on the first scheduled workday of the shift, the
employee shall be relieved of duty sixteen (16) hours following the
conclusion of the training.
(b) When the training occurs on the last scheduled day of the work shift, the
employee shall be relieved eight (8) hours prior to reporting for
training.
(c) When the training occurs on all days between the first and last scheduled
days of the work shift, the employee shall be relieved eight (8)
hours prior to and sixteen (16) hours following the training session,
except that employees working day shift may be required to report
to work twelve (12) hours following the training session.
3. Training Requiring Overnight Accommodations:
Employees who attend training that requires overnight accommodations
shall be paid at the straight time rate for all travel and lodging time
associated with the training with a maximum of eight (8) hours per day,
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.
ARTICLE 5- SALARIES
Section A. The Employer agrees to maintain salaries in accordance with 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.
ARTICLE 6-ALLOWANCES AND PREMIUMS
Section A. Clothing Allowance.
1. Community Program Coordinators, Crime Analyst, and Domestic Violence
Victim's Advocate shall receive $450.00 per year as clothing allowance. No
clothing allowance shall be paid employees not required to maintain or wear a
uniform.
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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 an 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.
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. In the event that the Employer should change the clothing which is required by
Resolution 1669 dated March 2, 1970, during the life of the Agreement,
employees so affected by such changes shall be reimbursed for the entire cost
of three (3) issues of such new clothing.
Section B. Quartermaster System. A quartermaster system shall be in effect for
employees who wear department 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. Such required uniforms or like clothing once approved by the
Chief of Police or designated appointee may be purchased by the employee and
be reimbursed by the quartermaster system.
2. Optional uniforms and equipment may be purchased by the employees at their
own request.
3. Required and optional uniforms and equipment shall be replaced without cost to
the employee when they become unserviceable which may be determined by the
immediate supervisor or the training coordinator.
Section C. Uniform Cleaning. The Employer will provide those non-commissioned
employees participating in the quartermaster system with contract cleaning services at
the rate of two (2) cleanings per work week/cycle to an annual maximum of $6,000.00
for the entire group of non-commissioned employees participating in the quartermaster
system.
Section D Hazardous Duty Pay. Hazardous duty pay in addition to regular pay shall
be granted to certain employees in accordance with the following schedule:
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1. Crisis Communication Unit — Members assigned to the Crisis Communication
Unit will be paid at the rate of double-time with three (3) hour minimum when
called to an emergency situation to assist the Special Response Team (SRT).
Section E. Premium Pay
1. Police Service Specialists and Jailers who are assigned to train or supervise new
employees shall be compensated with one (1) hour of Field Training Officer
(FTO) pay at the straight time rate for each day of such training and/or
supervision.
Such training premium shall not be received by the Lead Police Service Specialist,
Police Services Specialist Supervisor or Jail Sergeants.
2. Bargaining unit members who pass a City approved examination for interpreters
will be compensated at the rate of 2% per month while certified. Employees who
successfully pass the initial examination will be required to recertify annually.
The City and Union agree that no more than three (3) certified interpreters shall
receive bilingual compensation at any one time.
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
within 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.
Section H. Shift Differential. Employees working the Swing shift shall receive a
$.25/hour shift differential. Employees working the Graveyard Shift shall receive a
$.40/hour shift differential. Effective 01/01/2005 if the jail staff including jail Sergeants
are working a permanent 12-hour, three days on three days off schedule, they agree to
apply their (jail staffs/Sergeants) portion of the shift differential towards the cost of a
Physical Fitness Premium. If they are not on a 12-hour shift effective 01/01/2005 they
will maintain their shift differential as stated above.
Section G. Physical Fitness. Effective January 1, 2005, if the permanent schedule of
the Jail staff including Jail Sergeants is changed to 12 hour shifts then the following
physical fitness program shall be implemented. In recognition of an employee's
personal time expended to maintain a level of fitness, the following program shall apply:
1) Non-commissioned employees who pass the Correctional Officer's entry-level
physical fitness test shall receive a fitness incentive premium for a period of one (1)
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year following the successful test. The test is voluntary and will be offered at least
three (3) times each year.
2) The testing dates/times shall be posted as soon as the City knows when a new-hire
test will be given. The City can combine testing with the Commissioned unit.
3) Employees who comply with the above shall be compensated with a 2.5% of base
pay, in the form of deferred compensation.
4) The City agrees to compensate members an additional one half percent (Y2 %) of
base pay in the form of deferred compensation. This shall be for the agreement of
testing a 3/3 twelve hour shift in the jail. An additional requirement for this one half
percent is members must pass the physical fitness standard.
ARTICLE 7- SICK LEAVE
Section A. Sick Leave.
1. Sick leave benefits under this paragraph will begin accrual upon employment
with the award of twenty-four (24) hours of sick leave. Upon completion of the
third month of employment, an additional twenty-four (24) hours of sick leave will
be awarded. Upon completion of the sixth month of employment, sick leave will
accrue at the rate of one (1) day per month to a maximum of one hundred thirty-
two (132) days (1056 hours).
2. Employees hired before January 1, 1992 shall receive cash payment for sick
leave accrued will be made upon an employee's death, retirement, or voluntary
separation while in good standing at the rate one-half (1/2) regular pay for each
hour accrued to a maximum of one hundred twenty (120) days (960 hours).
3. All employees hired after January 1, 1992 shall receive upon an employee's
death, retirement, or voluntary separation while in good standing cash payment
for accrued sick leave at the rate of one quarter (25%) regular pay for each hour
accrued to a maximum of one hundred twenty (120) days (960 hours).
4. All employees hired after January 1, 1994 shall not receive cash payment for
accrued sick leave upon separation from City employment.
5. Employees using three (3) days or less of sick leave in any calendar year shall
receive one (1) day off with pay the following year.
6. 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 spouse and/or family at the time that the
employee's spouse is giving birth to a child.
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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, 9 hours, 10 hours, 12 hours). Immediate family shall consist of
spouse, son, daughter, stepchildren, mother, stepmother, father, stepfather, 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.
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 on 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
Section A. 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
under-graduate degree (AA or BA) or other job related course work regardless of which
level of college work is performed, including masters level courses; (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.
Section B. Reimbursement in accordance with Section A above shall be made only in
the event no funds are available from other public funding sources to pay education
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costs. Any employee reimbursed by the Employer as provided in Section A who fails to
successfully complete any term or course shall repay the full reimbursement amount to
the Employer within ninety (90) days of the end of the term or course. Should an
employee fail to repay the Employer within ninety (90) days, the Police Guild will
assume responsibility for immediate repayment to the Employer. If an employee
terminates employment within the ninety (90) day period, the amount owed the
Employer shall be deducted from his/her final paycheck.
ARTICLE 10 - EDUCATIONAL INCENTIVE
Section A. Premium pay shall be awarded as an educational incentive to employees in
the bargaining unit in accordance with Appendix B of this Agreement.
Section B. 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 536 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.
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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.
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.
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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:
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.
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Section E. The number of leave hours used for each day off shall be calculated based
upon the number of hours in the employee's work day. Employees assigned to a
twelve (12) hour schedule shall use twelve (12) hours of personal leave for each day
off. Employees assigned to a ten (10) hour schedule shall use ten (10) hours of
personal leave for each day off.
ARTICLE 12- LONGEVITY
Section A. Employees shall receive premium pay for longevity in accordance with
Appendix B of this Agreement.
Section B. Longevity allowance 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. Medical coverage shall be provided in accord with the laws of the State of
Washington, RCW 41.26.150. Renton Police Officers Guild agrees to continue
participation in the Health Care Task Force and to identify and support cost
containment measures.
Section B. 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 program requires twenty-five dollar ($25) co-pays for specified medical
services, ten dollar/twenty dollar/forty dollar ($10/$20/$40) co-insurance for specified
prescription drugs and other benefits as outlined in the plan document. The monthly
premium cost shall be shared by the City and members of the bargaining unit who elect
dependent coverage. The employee shall pay monthly pre-taxed premiums, beginning
January 1, 2004, depending upon the dependent coverage outlined below.
One dependent $20.00
Two dependents $35.00
Three or more dependents $50.00
Effective January 1, 2005 the City members of the bargaining unit and their insured
eligible dependents will be provided coverage under the plan as approved by the Health
Care Task Force.
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The City and union agree to jointly manage the program during the term of this
agreement. A Task Force comprised of the Renton Police Officers Guild, other
participating unions and the City will meet at least annually to review the program
including costs associated with the program.
Members of the Task Force are authorized to make changes in the program from time
to time without further concurrence from their membership or the City Council during the
term of this agreement. Each member union, (not bargaining unit), and the City shall
have one vote when considering proposed changes to the plan(s).
Changes in the program will be determined by a majority of the votes cast by Task
Force members. A tie vote will result in no change in existing benefits.
The City will provide a 100% City paid self-funded plan through December 31, 2003.
The City agrees to contribute up to 107% of the 2004 premium toward funding the
2005program. Bargaining unit members may select Group Health coverage, however,
City paid coverage in 2005 will be limited to 107% of the previous year's premium as
outlined above for the self-funded plan.
The City and the Union recognize the Program costs may exceed a 7.0% annual
increase during the term of this agreement. If so, the Task Force of participating unions
and the City will meet and decide what action if any is necessary to address program
costs. If costs exceed 7.0% and the task force cannot agree on program changes to
reduce the increase to at least 7.0% then the Union and the City will each pay fifty
percent (50%) of the premium increase above 7.0%. The Union's share, if necessary,
will be subtracted from annual salary increases authorized in this agreement
TASK FORCE — Includes members of each participating Union. Each union member
will have a maximum of one (1) vote, i.e. the Renton Police Officers Guild has two (2)
bargaining units but only receives one (1) vote on the task force. The City only receives
one (1) vote also. If all bargaining units participate the voting bodies would be as
follows: AFSCME-2170; Firefighters-864; Police Guild and the City for a total of four (4)
votes.
PREMIUM —The self-funded plan is fully paid in 2003. The City will cover increases by
up to 7.0% in 2004 and another 7.0% in 2005. Example— Premium equals $100 in
2003. City would pay up to $107 in 2004 and $114.50 in 2005. If there is no increase
in premium in 2004, the premium for 2005 would still be calculated as if there was a
7.0% increase in 2004.
PLAN CHANGES —The members of the Task Force have full authority to make plan
design changes without further concurrence from bargaining unit members and the City
Council during the life of this agreement.
VOTING —A tie vote of the Task Force members related to a proposed plan design
change will result in continuing the current design. If no agreement can be reached on
design changes and cost increases exceed the City's agreed contribution, then the
additional cost will be split 50/50 by the City and the Members. Example — City takes
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first 7.0%; Cost increases 15.0%; City pays 50% of the additional 8.0% and members
pay 50% of the additional 8%
UNION PAYMENT— If contributions are required from Union task force members, the
contribution will result in a reduction of their respective COLA adjustment for any given
year. (i.e. 2004 COLA may be reduced below 3.0% equal to union's share of medical
cost increase above 7.0%).
Section C. Life Insurance.
1. Each employee shall receive an Employer-paid life insurance policy equal to
employee's annual salary, to nearest $1,000, including double indemnity and
limited to a maximum benefit of$50,000.
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 D. All employees will be enrolled in a city-sponsored long-term disability plan
with a benefit equal to 60% of base salary after a maximum waiting period of 90
calendar days or exhaustion of sick leave--whichever is longer. The Employer will pay
the premiums necessary to fund the benefits of the plan.
Section E. 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 F. 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.
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 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 employees 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.
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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 actions; or,
C. that he/she may not be qualified for continued employment with the
Department.
3. Any employee who becomes the subject of an investigation may have legal
counsel or a Guild representative present during all interviews. An investigation
as used elsewhere in this Article shall be interpreted as any action, which could
result in a dismissal from the Department or the filing of a criminal charge. In
any investigation that may lead to discipline, the employee is entitled to have
Guild representation to the extent permitted by law.
4. The employee under investigation must, at the time of an interview, be informed
of the name of the employee in charge of the investigation and the name of the
employee 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 apprised 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 will be furnished a copy of the completed investigation seventy-two
(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
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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 or more of the categories contained in Item
2herein.
10. The employee will not be threatened with dismissal or other disciplinary
punishment as a guise to attempt to obtain his/her resignation, nor shall he/she
be subject to abusive or offensive language or intimidation in any other manner.
No promises or rewards shall be made as an inducement to answer questions.
11. Upon the completion of the investigation and upon request, a copy of the entire
file shall be provided to the employee.
12. To balance the interest of the Employer in obtaining a psychological evaluation
of an employee to determine the employee's fitness for duty and the interest of
the employee in having those examinations being conducted, psychological
evaluations will be obtained in the least intrusive manner as possible. To protect
the employee's right to privacy the medical release form agreed upon by the
Employer and the Guild shall be signed by the employee prior to the evaluation
(see Appendix D).
13. No employee shall be required to unwillingly submit to a polygraph test or to
unwillingly answer questions for which the employee might otherwise properly
invoke the protections of any constitutional amendment against self-
incrimination. Nor shall any member be dismissed for or shall any other penalty
be imposed upon any employee for his/her failure to submit to a polygraph test,
or to answer questions for which he/she might otherwise invoke the protections
of any constitutional amendment against self-incrimination.
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.
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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 therefrom, 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. (*
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.
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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.
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.
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Employees will be unimpeded and free from unreasonable restraint or interference and
free from coercion, discrimination, or reprisal in lawfully seeking adjudication of their
grievance.
Section A. Definitions.
1. Grievance: Any issue relating to interpretation, application, or enforcement of
any provision contained in this Agreement.
2. Issue: Any dispute, complaint, problem, or question arising with respect to
working conditions or employer-employee relations of any nature or kind
whatsoever.
3. Guild Representative: A Guild member designated by the Guild President as a
bargaining representative.
Section B. Procedure. The steps set forth herein shall be followed unless the Chief of
Police and the Grievant, Guild, or individual raising the issue agree in any particular
case that the procedural steps and/or time limits should be modified. Any agreement to
modify the procedural steps and/or time limits shall be in writing. In the event that no
provision is made to modify any procedural steps an/or time limits, and either of the
parties violates them, the grievance/issue shall be considered settled in favor of the
party that is not in default at the time. If any specified participant in the steps below is
absent and thus unable to timely participate, such step(s) may be completed by the
participant's designee.
Ste 1 The employees and/or Guild Representative shall submit the
grievance/issue in writing to the Division Commander/Manager 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/Manager 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.
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Ste 4 If the grievant is not satisfied with the decision rendered, he/she shall
submit the grievance/issue in writing to the Mayor within fifteen (15) calendar days. The
Mayor shall notify the employee(s) and the Guild Representative in writing of his/her
decision, and the reasons therefore within fifteen (15) calendar days thereafter.
Consideration of the issue shall conclude at this point.
Ste 5 If the grievance has not been settled by the Mayor, either party may
submit the matter to arbitration. In any case, the matter must be referred to arbitration
within ninety (90) days from conclusion of the fifteen (15) day period of consideration by
the Mayor. A neutral arbitrator will be selected jointly by both parties. If the parties
cannot agree on an arbitrator, they will request a list of arbitrators from the American
Arbitration Association (AAA) and alternately strike names, if necessary, to pick an
arbitrator. The arbitrator selection process will not exceed ten (10) days. The total cost
of the proceedings shall be borne equally by both parties. The arbitrator's award shall
be final and binding on both parties, provided, however, that no authority is granted to
the arbitrator to modify, amend, or delete any terms of this Agreement.
When an employee or the Guild appeals a grievance to arbitration, such appeal shall be
made in writing and shall constitute an election of remedies and, to the extent allowed
by law, a waiver of any and all rights by the appealing employee or the Guild to litigate
or otherwise contest the appealed matter in any court or other available forum.
Section C. Election of Remedies. In the case of disciplinary actions that are
appealable to the Civil Service Commission, a non-probationary employee may file a
grievance under the terms of this Agreement alleging that the disciplinary action was
not for just cause. If the employee does so, it shall constitute an election of remedies
and said employee shall be barred from pursuing the issue in any other forum including,
but not limited to, the Civil Service Commission. Likewise, if an employee files litigation
in any other legal forum, including Civil Service, that employee may not grieve said
discipline and any grievance previously filed shall be deemed withdrawn and any
remedies previously granted shall be void.
ARTICLE 18 - PERFORMANCE OF DUTY
Section A. Nothing in this Agreement shall be construed to give an employee the right
to strike, and no employee shall strike or refuse to perform assigned duties to 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 41.56.120.
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.
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Section B. The Employer agrees to notify the Guild in advance of changes or hearings
affecting working conditions of any employee covered by this Agreement, except in
emergency situations and provided that the Employer is aware of the changes or
hearings.
ARTICLE 20 - PAY DAYS
Section A. Employees shall be paid twice each month and any employee who is laid
off or terminated shall be paid all monies due on the next following payday. All
employees shall be paid on the 10th and 25th day of each month. If the 10th or 25th
day of the month falls on a holiday or weekend period, the employees shall be paid on
the last business day prior to that period
If an employee is leaving on vacation, an early check request authorized by the
immediate supervisor may be granted provided the check has been processed and is
ready for disbursement.
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
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agreement) for employees in the bargaining unit.. Upon receiving notice of such
proposed changes(s) from the Civil Service commission, either party may submit a
written request to the mayor (within sixty (60) calendar days after receipt of such notice)
and the result of such bargaining shall be made a part of this Agreement.
Section C. This Agreement and any and all amendments and modifications hereafter
entered into and executed by and between the parties hereto shall be binding and inure
to the benefit of the parties' respective successors and assigns and any other
governmental entity succeeding to the City of Renton's obligations hereunder.
Section D. In case of any merger or consolidation by the Employer with another
governmental agency, either party shall have the right to reopen this Agreement for
negotiation of any positions affected by the merger or consolidation.
Section E. The Employer shall have the right to bargain any issues arising out of the
implementation of the Fair Labor Standards Act (FLSA) including any conflicts that may
arise regarding Article 19, Retention of Benefits. Statutory provisions for resolution of
impasses reached in collective bargaining, and contractual provisions for resolution of
grievances arising out of such FLSA issues shall apply.
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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 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.
ARTICLE 23 DURATION OF AGREEMENT
DURATION OF CONTRACT. JANUARY 1, 2003 - DECEMBER 31, 2005
Signed this S' day of , 2003 at Renton, Washington.
CITY OF RENTON RENTON POLICE GUILD
(NON-COMMISSIONED) Y
rPl
�Xyor Presiddnt
Police Chief Vice President
�. IN
Amin Resources & Risk anagement
Administrator
ATTEST:
City Clerk
Approved as to form:
City Attorney
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Police Non-CommissionedV.ontract
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APPENDIX A
Section A. Effective January 1, 2003, January 1, 2004 and January 1, 2005 the base
wages for all positions except Jailers and Jail Sergeants (who work in the Jail)
represented by the bargaining unit shall be increased by 3.0%. Effective January 1,
2003 and January 1, 2004 the base wages for Jailers and Jail Sergeants (who work in
the Jail) represented by the bargaining unit shall be increased by 3.0% and on January
1, 2005 shall be increased by 2.0% if they are on the 3-3 twelve hour schedule.
Section B. Effective January 1, 2003 the salary schedule shall be as follows:
12Mos 12 Mos. 12 Mos. 12 Mos. 49 + Mos.
Step A Step B Step C Step D Step E
Traffic Controller 2274 2472 2749 3053 3202
Police Secretary 2526 2728 3002 3303 3466
Police Service Specialist 2526 2728 3002 3303 3466
Police Service Specialist (7.5% over Step E of Police Service Specialist) 3726
Lead
Police Service Specialist (15.% over Step E of Police Service Specialist) 3986
Supervisor
Animal Control Officer 2924 3159 3477 3823 4013
Jailer 2924 3159 3477 3823 4013
Jail Sergeant (15% over step E of Jailer) 4616
Evidence Technician 3069 3314 3647 4013 4217
Electronic Home 3217 3475 3825 4205 4415
Detention Jailer
Police Community 3293 3558 3910 4216 4427
Program Coord.-
Domestic Violence Victim 2930 3185 3539 3889 4094
Advocate
Crime Analyst 3074 3340 3712 4079 4294
Note: The Union and City agree that $150.00 will be deducted from each member's
retroactive salary adjustment for 2003. The purpose of the deduction is to compensate
the City for maintaining low medical/prescription co-pays through December 31, 2003.
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Section C. Accreditation Premium. The Employer shall contribute one and a half
percent (1.5%) of the employee's base wage into the deferred compensation plan for
each employee as a premium for accreditation of the police department, and shall
remain in effect throughout the life of this agreement.
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Police Non-Commissioned .ontract
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APPENDIX B
2003 -2005
Employees shall receive longevity pay according to the following scale:
Completion of 5 years — 2%
Completion of 10 years —4%
Completion of 15 years — 6%
Completion of 20 years — 10%
Completion of 25 years — 12%
Employees shall receive educational pay according to the following scale:
AA degree/90 credits —4%
BA/BS Degree/Masters — 6%
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Police Non-Commissionepontract
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 allegation, the Chief of Police
will determine if the investigation is to be assigned to the
Investigations Division or elsewhere.
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B. Supervising and controlling the investigation of alleged or
suspected misconduct within the department.
1. 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;
b. Slow or no response;
C. Poor demeanor.
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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.
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
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Police Non-CommissionedV.ontract
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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;
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.
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Police Non-Commissioned Contract
2003 -2005
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
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.
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Police Non-Commissionecntract
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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 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
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Police Non-Commissioned ontract
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applicable labor agreement between the City of Renton and the Renton Police
Officer's Guild.
II. Additional investigation may be required during the course of such investigation.
The following may be requested of the principal department member upon the
approval of the Chief of Police or his designee:
A. Medical or laboratory examinations;
B. Photographs of the affected employee(s);
C. Directing the employee to participate in a lineup;
D. Requiring an employee to submit financial disclosure statements,
records;
E. Use of instruments for the detection of deception, including
polygraph.
52.1.8 Internal Investigations - Relief From Duty
I. Supervisors or command officers may temporarily relieve an employee from duty
with pay, under the following circumstances:
A. The employee is unfit for duty due to physical or psychological
reasons (i.e. intoxication, etc.).
B. Supervisors or command officers may temporarily relieve an
employee from duty, with pay, in response to serious performance related
issues, or actions pending disposition of an internal affairs investigation.
II. An employee relieved from duty will be required and directed to report to 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.
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.
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Police Non-Commissioned�ontract
2003 -2005
A. Exonerated - The alleged act occurred, but was justified, legal and
proper;
1. Proper conduct - The allegation is true. The action of the
agency or the employee was consistent with agency policy, and the
complainants suffered no harm;
2. Policy Failure - The allegation is true, though the action of
the agency or the employee was consistent with agency policy.
The complainant suffered harm.
B. Sustained - The accused employee committed the allegation of
misconduct.
C. Not Sustained - The investigation produced insufficient information
to clearly prove or disprove the allegation.
D. Unfounded - The alleged act did not occur.
E. Misconduct not based on the original complaint - This is used to
indicate the discovery of sustained acts of misconduct that were not
alleged in the original complaint. The new allegations are investigated
under the same procedures.
52.1.10 Internal Investigations - Records
I. The Renton Police Department investigates and maintains records of all
complaints made against the Department and its employees. These records
shall be maintained securely, ensuring the confidentiality of these records are
protected.
A. The Administrative Secretary maintains a complaint log of all formal
complaints, which is maintained by the office of the Chief of Police.
B. Supervisory and Command personnel are responsible to securely
maintain appropriate records of all informal complaints.
52.1.11 Internal Investigations -Annual Summary
I. The 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.
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Police Non-Commissioned'Contract
2003 -2005
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.
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Police Non-Comm issionedntract
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APPENDIX D
hereby release Dr.
To provide the following medical information to my employer. In accordance
with sections 102(c)(B), 102(c)(C) and 102(c)(4)(C) of the Americans with
Disabilities Act,the above-named doctor is required to maintain all medical
records in association with the examination of me on separate forms and in
UJ separate medical files and must treat those records as a confidential record with
the following exceptions:
Mi The above—named doctor may advise my employer regarding:
LU 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 confidential
medical records than the Americans with Disabilities Act allows, and the
UJexamining physician is instructed accordingly.
PATIENT DATE
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