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HomeMy WebLinkAboutContractAGREEMENT By and Between CITY OF RENTON and RENTON POLICE GUILD REPRESENTING COMMISSIONED EMPLOYEES January 1, 2021 – December 31, 2023 CAG-22-213 Police Commissioned Contract 2021-2023 p.2 Police Commissioned Contract 2021-2023 p.3 TABLE OF CONTENTS PREAMBLE .................................................................................... 5 ARTICLE 1 – RECOGNITION AND BARGAINING UNIT .................... 5 ARTICLE 2 – UNION MEMBERSHIP AND DUES DEDUCTION .......... 6 ARTICLE 3 – EMPLOYMENT PRACTICES ........................................ 9 ARTICLE 4 – HOURS OF DUTY ..................................................... 14 ARTICLE 5 – SALARIES ................................................................. 24 ARTICLE 6 – ALLOWANCES AND PREMIUMS .............................. 25 ARTICLE 7 – SICK LEAVE .............................................................. 31 ARTICLE 8 – HOLIDAYS ................................................................ 35 ARTICLE 9 – TUITION REIMBURSEMENT ..................................... 37 ARTICLE 10 – EDUCATIONAL INCENTIVE ..................................... 38 ARTICLE 11 – PERSONAL LEAVE .................................................. 39 ARTICLE 12 – LONGEVITY ............................................................ 44 ARTICLE 13 – PENSIONS .............................................................. 45 ARTICLE 14 – INSURANCES ......................................................... 45 ARTICLE 15 – TECHNOLOGY ........................................................ 51 ARTICLE 16 – BILL OF RIGHTS ..................................................... 53 ARTICLE 17 – MANAGEMENT RIGHTS ......................................... 64 ARTICLE 18 – GRIEVANCE PROCEDURE ....................................... 65 ARTICLE 19 – PERFORMANCE OF DUTY ...................................... 69 ARTICLE 20 – RETENTION OF BENEFITS ...................................... 69 ARTICLE 21 – PAY DAYS .............................................................. 69 Police Commissioned Contract 2021-2023 p.4 ARTICLE 22 – SAVINGS CLAUSE ................................................... 70 ARTICLE 23 – ENTIRE AGREEMENT ............................................. 72 ARTICLE 24 - DURATION OF AGREEMENT ................................... 72 APPENDIX A: SALARIES ............................................................... 75 APPENDIX B: EDUCATION/LONGEVITY SCHEDULE ..................... 79 APPENDIX C – MEDICAL RELEASE ............................................... 80 APPENDIX D: M.O.U. Re: Commissioned Extra Duty Compensation ............................................................................ 81 APPENDIX E: RE-OPENER ........................................................... 82 INDEX .......................................................................................... 83 Police Commissioned Contract 2021-2023 p.5 PREAMBLE The rules contained herein constitute an Agreement between the City of Renton, hereinafter referred to as the Employer, and the Renton Police Guild, hereinafter referred to as the Guild, governing wages, hours, and working conditions for certain members of the Renton Police Department. It is intended this Agreement, achieved through the process of collective bargaining, will serve to maintain good relations between the Employer and the Guild, to promote efficient and courteous service to the public, and to protect the public interest. ARTICLE 1 – RECOGNITION AND BARGAINING UNIT 1.1 Union Recognition. The Employer recognizes the Guild as the exclusive representative of all commissioned employees below the Civil Service rank of Commander for the purpose of bargaining with the Employer. A commissioned employee is defined as outlined in RCW 41.56.030. 1.2 Union Representation. The Guild President, or any other members of the Guild appointed by the President, shall be recognized by the Employer as the official representatives of the Guild for the purpose of bargaining with the Employer. The Guild recognizes the Employer as the duly elected representative of the people of the City of Renton and agrees to negotiate only with the Employer through the negotiating agent or agents officially designated by the Mayor and City Council to act on its behalf. Police Commissioned Contract 2021-2023 p.6 1.3 Guild Representatives. The number of representatives of the Guild and the Employer at any negotiating session shall be limited to five (5) members each, unless waived by mutual agreement of the parties. The Guild will supply the City with a list of its “Official Representatives” by February 28th of each year. The Guild reserves the right to modify the list as needed. ARTICLE 2 – UNION MEMBERSHIP AND DUES DEDUCTION 2.1. Membership. The Employer recognizes that members of the Renton Police Department may, at their discretion, become members of the Guild when such membership has been duly approved in accordance with the provisions of the Guild’s Constitution and By-Laws. The Guild accepts its responsibility to fairly represent all employees in the bargaining unit regardless of membership status. 2.2. Union Security. Within thirty (30) days of hire or transfer into the bargaining unit, each employee has the choice to attend a one-hour orientation session with a designated Guild representative during working hours. The purpose of the orientation is for the Guild to provide information related to coverage under this CBA and enrollment in Guild membership. The Employer and the Guild agree that employees in positions covered under this Agreement hired on or after its effective date shall, on the thirty-first (31st) day following the beginning of such employment, make an election whether or not to become a member of the Guild in good standing. Police Commissioned Contract 2021-2023 p.7 2.2.4. Subcontract Work. The Employer agrees it will not subcontract work performed by Guild members to non- Guild personnel without the written agreement of the Guild. As of ratification of this contract, the Guild agrees that pre-employment background investigations may be contracted to outside vendors at the discretion of the Chief. 2.3. Union Officials’ Time Off. 2.3.1. Release Time for Guild Business. Official representatives of the bargaining unit shall be given time off with pay to attend meetings with City representatives or to attend Guild meetings, provided five days’ notice is given. Representatives assigned to graveyard shift may be released by 2300 hours with supervisor’s approval when necessary to attend such meetings. 2.3.2. Release Time for Training and Conferences. Official representatives of the bargaining unit shall be given time off with pay to attend Guild related conferences (not to exceed three working days for a single function). The allowable aggregate of such time off shall not exceed one hundred sixty (160) hours in one calendar year. Provided, that a copy of the agenda of the meeting is submitted to the Chief, at least 14 calendar days prior to the meeting and that the Guild waives the right to working out of classification pay should a replacement be needed to assume the duty of the Guild representative granted time off. Police Commissioned Contract 2021-2023 p.8 2.3.3. Release Time Restrictions. The Employer retains the right to restrict time off under subsections 2.3.1. and 2.3.2. if an emergency exists or when such time off would unreasonably impact department operations. 2.4. Dues Deduction. Upon written authorization by an employee and approval by the Guild Executive Board, the Employer agrees to deduct from the wages of each employee the sum certified as initiation dues and assessments twice each month as Guild dues, and to forward the sum to the Guild Secretary or Treasurer. If any employee does not have a check coming to them or the check is not large enough to satisfy the assessments, no deductions shall be made from the employee for that calendar month. All requests to cancel dues deductions shall be in writing to the Employer and require notification to the Guild by the Employer. Every effort will be made to end the deduction effective on the first payroll, but not later than the second payroll, after the Employer’s receipt of the employee’s written notice. The Guild agrees to indemnify and hold harmless the Employer for any claims, with the exception of those caused by the Employer’s negligence, arising out of the Employer’s activities to enforce the provisions of this Article. The Employer will provide a monthly written report to the Guild transmitted with transfer of deducted dues owed to the Guild (“the transferred amount”). Such report shall indicate: 1) all individuals who had dues withheld as part of the transferred amount, and the amount withheld and transmitted on behalf of that individual; 2) a list of all employees who did not have dues Police Commissioned Contract 2021-2023 p.9 withheld as part of the transferred amount; 3) a list of all employees commencing employment since the preceding report; and 4) all employees in the preceding month who requested discontinuance of payroll deduction of dues. ARTICLE 3 – EMPLOYMENT PRACTICES 3.1. Personnel Reduction. Whenever it becomes absolutely necessary through lack of finances or for any other reasonable purpose to reduce the number of employees in the bargaining unit, such reductions shall be carried out based on seniority in accordance with the following: 3.1.1. Seniority. Seniority will be determined by the employees most recent hire date in the bargaining unit. a.In the event of a tie, the determining factor will be placement on the eligibility list. b.Leaves of Absence will not be subtracted from seniority. 3.1.2. Probationary Employees. (First appointment) in reverse order of seniority; the one with the least seniority being laid off first. 3.1.3. Non-Supervisory Regular Employees. In reverse order of seniority; the one with the least seniority being laid off first. Police Commissioned Contract 2021-2023 p.10 3.1.4. Supervisors. In the event it becomes necessary to reduce the number of employees of supervisory rank, the following shall occur: a.Sergeant reduced to Officer – in reverse order of seniority in rank; the one with the least service in the position of Sergeant being reduced in rank first 3.1.5. Reinstatement. Employees laid off or reduced in rank shall be recalled to vacant positions in order of their department seniority; a.Non-Supervisory Regular Employees – the employee with the greatest seniority being recalled first. b.Supervisory Employees – The employee with the greatest seniority in rank being reinstated first. c.An employee may be recalled within two years from the date of layoff. 3.1.6. Rehires. In the event a certified employee leaves the service of the Employer due to reduction in force and within the next two years the Employer rehires said former employee into the same classification to which they were assigned at the date of reduction, such employee shall be placed at the same step in the salary range which they occupied at the time of the original reduction. 3.1.7. Re-Entry into the Guild. If, for any reason, a command-level officer of the Department returns to the Police Commissioned Contract 2021-2023 p.11 rank of Sergeant or below, they will again become a member of the Guild. Their seniority date will be their original date into the bargaining unit and all rules in Section 3.1 shall apply. Their seniority in rank shall be based on the date they re-entered the Guild. 3.2. Vacancies and Promotions. Vacancies shall be filled and promotions made in accordance with the Police Civil Service Rules and Regulations, provided, that nothing in this Agreement shall be construed to require the Employer to fill any vacancy. 3.3. Personnel Files. 3.3.1. Personnel Files Contents. The personnel files are the property of the Employer. The Employer agrees that the contents of the personnel files, including the personal photographs, shall be confidential and shall restrict the use of information in the files to internal use by the Police Department. This provision shall not restrict such information from becoming subject to due process by any court, administrative tribunal, or as required by law. Reasonable notice shall be given the employee should the Employer be required to release the personnel file. It is further agreed that information may be released to outside groups subject to the approval of the Employer; provided, that nothing in this section shall prevent an employee from viewing his/her original personnel file in its entirety upon request. Nothing shall be added to or deleted from the file unless the employee is furnished a legible copy of the same. Police Commissioned Contract 2021-2023 p.12 3.3.2. Inspection of Papers. The application and examination papers of an employee shall be available for inspection by the appointing authority, the Chief of Police, and affected employee. Employees shall be allowed to review a copy of any adverse documentation before it placed in the file. The employer shall maintain a single personnel file and there shall be no secret files. Materials for the purpose of supervisor evaluations shall be expunged if not made part of the personnel file. Such papers shall also be made available to the employee upon request, and to the elected or appointed officers of the Guild at the request of the affected employee. Written warnings shall be expunged from personnel files (at employee’s written request) after a maximum period of two years if there is no reoccurrence of misconduct for which the employee was disciplined during that period. Any record of serious discipline shall be removed from the personnel files after a maximum period of six years upon written request by the employee and if there is no reoccurrence of misconduct for which the employee is disciplined during that period. Nothing in this section shall be construed as requiring the Employer to destroy any employment records necessary to the Employer’s case if it is engaged in litigation with the employee regarding that employee’s employment at the time those records would otherwise be destroyed. The parties recognize that the Employer may retain internal investigation files, including discipline items removed from personnel files, in compliance with the state records retention schedule and RCW 40.14. Police Commissioned Contract 2021-2023 p.13 3.4. Probation. Probation periods for employees newly hired into the bargaining unit shall not exceed 18 months. Probation period for lateral officers shall not exceed 12 months. During this period, employees may be discharged without resort to the Civil Service or grievance procedure for failure to pass probation. Employees who are promoted within the bargaining unit shall serve a promotional probation period, which shall not exceed one year. During that period, employees may be reverted to their former positions without resort to the Civil Service or the grievance procedure for failure to pass probation. 3.5. Non-Discrimination. The Employer and the Guild agree that neither shall unlawfully discriminate against any person because of race, color, religion, national origin, age, gender, marital status, sexual orientation, genetic information, disability status, veteran/military status, and/or any other protected class or characteristic unless based on a bona fide occupational qualification. The Employer agrees not to discriminate against employees because of union membership or lawful union activities. It is recognized that employees who feel they have been victims of discrimination shall be entitled to seek relief or redress through the grievance procedures contained in this Agreement or through the City of Renton Fair Practices Policy. 3.6. Teleworking. The parties recognize the value of telework, however telework is not appropriate for all employees. No employee is entitled to or guaranteed the opportunity to telework. The employee and supervisor will assess the job responsibilities of the employee to determine if the job is Police Commissioned Contract 2021-2023 p.14 appropriate for teleworking. The supervisor has full discretion to deny a telework agreement if they deem it not appropriate. Telework procedures are outlined in policy #300-03. ARTICLE 4 – HOURS OF DUTY 4.1. Hours of Duty. The normal schedule for hours of duty for employees in the bargaining unit shall be five (5) consecutive days on followed by two (2) consecutive days off, with the exceptions provided in sections 4.1.1., 4.1.2., and 4.1.3. below. 4.1.1. Patrol Operations Division: Commissioned employees assigned to the Patrol Operations Division shall work a 2-2-3 schedule defined as the Pitman schedule for a total of 2189 hours in a calendar year. For section 7(k) purposes under the Fair Labor Standards Act, the work period (FLSA, 29 U.S.C, 207) (k) shall be twenty-eight (28) days, for a work period of 147 hours. a.Shift assignments shall be made by shift bidding by seniority in rank (i.e. a “fixed watch” system). The Employer shall have the right to override the results of shift bidding for legitimate operating concerns such as personality conflicts, balancing seniority, and teamwork considerations or other reasonable basis. The Department agrees to give the Guild the specific reasons for the override in writing upon the request of the Guild, and to allow a Guild representative to be Police Commissioned Contract 2021-2023 p.15 present in meetings in which the assignments are discussed and these decisions are made. The division commanders will be available to speak to individual officers who have questions regarding shift assignment and bid overrides. b. Seniority is calculated from the employee’s most recent hire date in the bargaining unit. For non- supervisory employees, seniority in rank is the same as seniority. For employees of supervisory rank, seniority in rank is calculated from the supervisor’s date of promotion to current rank. Whenever two or more employees are hired/promoted on the same day, seniority and seniority in rank shall be determined by relative position on the hiring/promotional list. 4.1.2. Patrol Services Division: Comprised of Motorcycle Officers and Accident Investigators. Employees assigned to the Patrol Services Division shall work four (4) consecutive ten (10) hour days followed by three (3) consecutive days off (4/10 schedule). 4.1.3. Special Operations Division: Comprised of the Directed Enforcement Team (DET) and the Special Enforcement Team (SET). Employees assigned to the Special Operations Division (SOD) shall work two (2) consecutive ten (10) hour days followed by two (2) consecutive eleven (11) hour days, or some combination thereof for a total of 2189 hours in a calendar year. In accordance with Fair Labor Standards Act requirements, the Police Commissioned Contract 2021-2023 p.16 work period (FLSA 29 U.S.C., 207(k) shall be twenty-eight (28)days for a work period of 147 hours. SET work days will be Tuesday through Friday with the ability to flex days and hours as needed. DET work days will be four (4) consecutive various days between Monday and Saturday with the ability to flex days and hours as needed. 4.1.4. Investigations: Employees assigned to investigations shall work four (4) consecutive, ten (10) hour days followed by three (3) consecutive days off (4/10 schedule). 4.1.5. Administrative Services: Employees assigned to Administrative Services shall work a 9/80 or 4/10 schedule as directed by management. The above work schedules may be changed by mutual agreement between the Guild and the Chief of Police. 4.2. Shift Rotations. The rotation of personnel between shifts and squads shall be minimized within the limitations of providing an adequate and efficient work force at all times. When rotation is necessary, the Employer will notify the affected employees as soon as reasonably possible. Such notifications shall occur no later than fifteen (15) calendar days prior to the personnel rotation, except when such employees are probationary officers, or waive this provision in writing, or when such rotations are needed due to a bona fide law enforcement emergency. 4.3. Overtime. Except as otherwise provided in this Article and when required by the Fair Labor Standards Act, employees shall Police Commissioned Contract 2021-2023 p.17 be paid at the rate of time and one-half for all hours worked in excess of their regular shift. 4.3.1. Pitman Patrol Schedule Overtime: Except as otherwise provided in this Article, employees shall be paid at the rate of time and one-half for all hours worked in excess of twelve (12) hours in any twenty-four (24) hour period inclusive of lunch period. 4.3.2. Employees required to work on any regular day off or approved day off shall be paid at the rate of time and one- half for the first day and double time for the second and subsequent consecutive days EXCEPT in the event of an emergency when overtime shall revert to the time and one- half rate. 4.3.3. Overtime, except for training, shall be voluntary, provided that if there are not enough volunteers to meet public safety requirements, overtime shall be mandatory. 4.3.4. Employees may not accumulate less than fifteen (15) minute increments of overtime. 4.4. Overtime Minimums. In the event overtime is not in conjunction with the beginning or end of a regularly scheduled shift, the minimum payment shall be as set forth herein. The rate of pay for minimums shall be time and one-half. However, when Sub-section 4.3.2 applies, the employee may choose either the double time rate for all hours worked or the time and one-half Police Commissioned Contract 2021-2023 p.18 rate for the applicable minimum. Court minimums shall not overlap. 4.4.1. Three (3) hours for any court or related hearing located in Renton. 4.4.2. Four (4) hours for any court or related hearing outside the City of Renton. 4.4.3. Four (4) hours for any required court attendance within nine (9) hours of the end of a graveyard shift within the City of Renton and five (5) hours outside the City of Renton. 4.4.4. Two (2) hours for any other unspecified overtime including in-person meetings with the prosecutor’s office or defense counsel. 4.4.5. Eight (8) hours court minimum when an employee is required to appear one or more times in court on any given day, and all the employee’s court responsibilities for that day have not been completed within five hours after the employee’s first court appearance on that day. 4.4.6. Three (3) hours when an employee is requested to report for duty as a result of an investigation call out. To be eligible, the employee must have been off-duty for at least one (1) hour preceding the call back. 4.5. Compensatory Time. The Employer shall pay all authorized overtime requests on a cash basis, provided that employees shall Police Commissioned Contract 2021-2023 p.19 be allowed to elect compensatory time in lieu of overtime cash payment up to a maximum accrual of eighty (80) hours. Nothing in this section shall be construed as to prohibit the employee his/her option of requesting compensatory time off in lieu of paid overtime; provided that the accumulation of such time is approved by the Administration Officer or Officer officially acting in that capacity. In December of each year, the Employer has the option of purchasing all or part of compensatory time accumulated by employees. 4.6. Early Release. 4.6.1. Employees working the Pitman schedule who are required to report to work for any reason other than in- service training between two (2) graveyard shifts or following a graveyard shift, shall be relieved from duty at least eight hours prior to having to report to duty without loss of time or overtime minimums. Employees working the Pitman schedule who appear in court five (5) hours or more between two graveyard shifts may be relieved from duty until 2300 hours on the night after appearance, without loss of time or court overtime minimums. It is the Employer’s desire to not have an employee work more than sixteen (16) hours in a workday. Except in an emergency situation, the employer will make every effort to Police Commissioned Contract 2021-2023 p.20 ensure that employees do not work more than sixteen (16) hours in a workday. 4.6.2. Personnel called out for work, other than court, prior to the beginning of their normally scheduled hours, shall be allowed to start their regularly scheduled shift at the time notified of the call out. Work hours spent on the call out will be at the overtime rate. Once the call out is complete or the employee’s regular start time arrives, the employee may elect to flex the remainder of their shift pending supervisor approval. Regular or flex shift hours will be paid at the straight time rate. 4.7. Standby and On-Call 4.7.1. Standby. The Employer and the Guild agree that the use of standby time shall be minimized. Standby assignments shall be for a fixed, predetermined period of time. Employees placed on standby status by a member of the Police Department Command Staff, shall be compensated on the basis of one (1) hour straight time pay for each two (2) hours of standby or fraction thereof. If the employee is actually called to work, standby pay shall cease at that moment and normal overtime rules shall apply. 4.7.1. On-Call. Employees assigned to on-call status shall be subject to on call assignment for a period of one week during which time they shall be required to respond within sixty (60) minutes and be available by telephone at all times. For the week that employees assigned the on-call status shall receive five (5) Police Commissioned Contract 2021-2023 p.21 hours compensation at the overtime rate of time and one-half. The respective Division Commanders shall individually determine which employees shall be subject to on-call status provided that not less than five (5) employees shall be on-call each week. The following assignments are subject to being on-call: Detectives, SET and Traffic. 4.8. Compensation for Training. The Employer shall have a reasonable obligation to attempt to schedule training during the employee’s regular shift. 4.8.1. Training on a Scheduled Work Day, Not Requiring Overnight Accommodations. The employees agree to waive any overtime resulting from attendance at any training school or session of less than eight (8) hours on a scheduled work day, and to adjust work schedules on an hour for hour basis. The employees agree to waive any overtime resulting from attendance of any training day scheduled for eight (8) hours or more on a scheduled work day provided that the affected employee is relieved of all police duties as follows: a.If the scheduled training day is scheduled for eight (8) hours or more, the hours of training shall constitute an entire workday, regardless of the employee’s hours of duty. b.Employees assigned to graveyard patrol (3A or 3B) shall be relieved of duty the shift preceding the day of Police Commissioned Contract 2021-2023 p.22 training, if the training is scheduled for eight (8) hours or more. 4.8.2. Training Trade Days. Employees will be compensated at time and one half for all training, whether they are the trainee or the trainer, approved, scheduled, and attended on a day off or consecutive days off with the following exception: Employees assigned to the Special Weapons and Tactics (SWAT), Hostage Negotiations Team), and Civil Disturbance Unit (CDU) agree to shift adjust (or “training trade days”) with at least thirty (30) days notice for all department training associated with the three assignments. If staffing does not allow for training trade days, then the Employer shall either deny the training, or compensate the employee at the overtime rate. Training trade days not associated with these three (3) assignments must be mutually agreed upon and completed within the FLSA work period. 4.8.3. Training Requiring Overnight Accommodations. Employees who attend training that requires overnight accommodations shall adjust their work schedule at the straight time rate for all travel and lodging time associated with the training with a maximum of eight (8), ten (10), or twelve (12) hours per day, depending on the employee’s work schedule, provided they are traveling during a regularly scheduled work day, or if on a day off the training was specifically required by the Employer. For employees Police Commissioned Contract 2021-2023 p.23 on a day off where training was voluntary, no compensation will be paid for travel and lodging time. 4.8.4. Per diem. Members shall receive per diem in accordance with City Policy 210-01. 4.9. Overtime. When the Police Department Administration and the Guild agree to a regularly scheduled shift, the payment of overtime compensation will commence with the hours worked by those affected employees in excess of that mutually agreed upon shift or schedule. 4.10. Overtime Calculation. In recognition of FLSA guidelines, overtime shall be computed on the base pay of the employee and shall include any allowances or premiums as described in Article 6 of this agreement in calculation of the overtime rate. 4.11. In-Service Training Overtime. Employees shall be compensated at the straight time rate for up to thirty (30) hours of in-service training regardless of whether training occurs on the employee’s scheduled day off. This training is for all commissioned personnel and is developed and administered through the Administrative Services Division. Topics may include firearms, defensive tactics, blood borne and airborne pathogens, legal update or any other topic developed by the department that is administered in a monthly two-hour block of instruction. 4.12. K-9 Teams Overtime. Police Commissioned Contract 2021-2023 p.24 To compensate employees assigned as K-9 Officers for the duties related to the care and maintenance of their Police dog, in compliance with the FLSA, will receive: 4.12.1. K-9 officers are on the air driving to and from work and are available for emergency calls. Driving time to and from work is included in their hours of work (15 minutes each way). 4.12.2. Handlers will be paid eight(8) hours of overtime per pay period to compensate for bathing, grooming, feeding, cleaning of the dog’s kennel, K-9 car, and similar activities performed by the K-9 officers. 4.12.3. K-9 officers will attend briefings on occasion at the beginning of their shift. ARTICLE 5 – SALARIES The Employer agrees to maintain salaries in accordance with the attached Appendix A. Beginning January 1, 2018, the base salary for Patrol Officer II and Sergeant shall be increased by 6.25% to reflect the additional 109 hours worked in a calendar year (see Appendix A). This Agreement shall be opened for the purpose of negotiating wages, hours, and working conditions for any new classifications of employees not covered within this Agreement. Such salaries Police Commissioned Contract 2021-2023 p.25 shall become effective upon the date the new position is filled. Nothing in this section shall preclude the Employer from establishing such new positions or classifications. There is no guarantee of future corporal assignments. The right to decide whether or not to appoint corporals rests solely with the Chief of Police. ARTICLE 6 – ALLOWANCES AND PREMIUMS 6.1. Clothing Allowance. Beginning January 1, 2019, the following employees shall receive $650.00 per year as clothing allowance: 6.1.1. Employees assigned to Investigations Division 6.1.2. Employees assigned to Special Enforcement Team 6.1.3. Training Officers assigned to Administrative Services Division 6.1.4. Administrative Services Division Sergeants 6.1.5. Traffic Collision Detective assigned to Patrol Services 6.2. Clothing Allowance Usage. The purpose of such allowance is to buy, maintain and repair any equipment or clothing required by the Employer which is not furnished by the Employer. The allowance shall be included with the second paycheck in February of each year. In the event the employee does not serve the entire twelve (12) months for which such payment was made, a pro-rated deduction shall be taken from the employee’s Police Commissioned Contract 2021-2023 p.26 final paycheck, with the exception of an employee who retires, or dies, in which event no deduction shall be made. Any employee transferred to or from a non-uniformed assignment after January 1st of any calendar year shall receive a pro-rated clothing allowance for the remainder of said calendar year. 6.3. Uniforms are the Property of the City. It is agreed that all equipment and clothing issued by the City of Renton shall remain the property of the Employer and same shall be returned to the Employer upon termination or retirement. It is further agreed that nothing in this Article shall preclude the Employer from taking any authorized action to maintain the standards of appearance of the Renton Police Department. 6.4. Non-Uniformed Commissioned Employees. Non-uniformed commissioned employees, who are required to wear uniforms for City business, may be provided cleaning services at the sole discretion of the Employer. 6.5. Quartermaster System. A quartermaster system shall be in effect for employees required to wear police uniforms. The Employer will issue a list of required clothing and equipment and a description of the mechanics of the quartermaster system. Required uniforms and equipment shall be provided to each employee as follows: 6.5.1. Required uniforms and equipment shall be provided without cost to the employee as set forth in Police Department Policy as approved and/or amended by the Chief of Police. Police Commissioned Contract 2021-2023 p.27 6.5.2. Optional uniforms and equipment may be purchased by the employees at their own expense. 6.5.3. Required and optional uniforms and equipment shall be replaced without cost to the employee when they become unserviceable. 6.6. Uniform Cleaning 6.6.1. The Employer will provide those employees assigned to wear police uniforms with contract cleaning services at the rate of two pants and two shirts per designated work period (e.g. seven day or twelve day), up to a maximum cost per eligible employee of $240. 6.6.2. Commissioned employees who are assigned Plain Clothes assignment shall be authorized to use the cleaning services at the rate of two pants and two shirts (or suits) per designated work period (e.g. seven days), up to a maximum cost per eligible employee of $240. 6.6.3. This is based upon agreement that the cost for uniform cleaning shall not exceed $4,800 per calendar year divided by the current number of employees assigned to wear police uniforms (as opposed to plainclothes). 6.6.4. The Employer will make every effort to contract with a commercial cleaning establishment for the entire term of this Agreement. However, if no commercial cleaning establishment is willing to bid for a cleaning contract at a rate that is competitive with those establishments willing to Police Commissioned Contract 2021-2023 p.28 bid on an annual basis, the Employer may enter an annual contract for cleaning services. 6.7. Hazardous Duty Pay. Hazardous duty pay in addition to regular pay shall be granted to certain employees in accordance with the following schedule: 6.7.1. Special Weapons and Tactics. Members of SWAT shall be paid at the rate of time and one half with three (3) hours minimum when called to an emergency situation requiring their expertise. 6.7.2. Hostage Negotiations Team. Members assigned to the Hostage Negotiations Team will be paid at the rate of double-time with three (3) hours minimum when called to an emergency situation requiring their expertise. 6.7.3. Civil Disturbance Unit. Members of the CDU shall be paid at the rate of double-time with three (3) hours minimum when called to an emergency situation requiring their expertise. 6.8. Premium Pay. 6.8.1. Premium Pay: In addition to regular pay, premium pay shall be granted to certain employees in accordance with the following schedule: Employee Premium Detective 4.0% per month Traffic Assignment 4.0% per month Police Commissioned Contract 2021-2023 p.29 Canine Officer 4.0% per month* Corporal Assignment 7.5% per month Training Officer 4.0% per month SWAT Assignment 4.0% per month SRO Assignment: 4.0% per month Field Training Officer 4.0% per month Motorcycles 2.0% per month *Increase to the Canine Officer Premium and the Kennel Time in Article 4.12.2 take effect the first pay period after contract ratification/Council approval. 6.8.2. 2,189 Hours Shift Assignment: Employees who work 2189 hours in a calendar year shall continue to receive the 6.25% premium (shift assignment premium) through 2017. As of January 1, 2018, the shift assignment premium shall be added to the employee’s base pay. 6.8.3. Physical Fitness: Due to calls for service limitations, employees are not allowed to exercise on duty. In recognition of an employee’s personal time expended to maintain a level of fitness, the following program shall apply: a.Employees who pass the Department approved physical fitness test shall receive the fitness incentive premium for a period of one year following the successful test. The test is voluntary and will be offered at least three (3) times each year. The elements of the test shall be recommended by a committee comprised of 2 Police Commissioned Contract 2021-2023 p.30 Administrative Officials and 1 Guild Representative. The Chief has the right to approve or deny the recommendation. b.The testing dates/times shall be posted on or before February 1st of each year. 6.8.4. Physical Fitness Deferred Compensation Contribution. Employees who comply with Section 6.8.3. shall be compensated with 3.0% of base pay in the form of deferred compensation. (Also see Appendix A.2.4.) 6.8.5. Interpreters. Bargaining unit members who pass a City approved examination for interpreters will be compensated at the rate of 3% of base pay per month while certified. Employees who successfully pass the initial examination will be required to recertify annually., The City will determine who is to receive the premium based on the need for the employee’s particular language skill. 6.8.6 Instructor Premium. Effective the first pay period after contract ratification/Council approval, the Police Chief or their designee shall designate staff to each instructor position annually. Employees designated to the instructor positions shall receive a 1% premium in recognition for the training hours and/or certifications required to maintain instructor eligibility. Regardless of the number of instructor assignments, the employee will only receive the flat 1% premium. The following is the list of established instructor assignment positions: Police Commissioned Contract 2021-2023 p.31 1.Firearms 2.Defensive Tactics 3.Emergency Vehicle Operations Course (EVOC) 4.Tactical Emergency Casualty Care (TECC) 6.9. New Positions. This Agreement shall be opened for the purpose of negotiating premium or hazardous duty pay for any new position, which is not covered with this Agreement. Such pay to be effective upon the agreement of both parties. Nothing in this Section shall preclude the Employer from establishing such new positions. 6.10. Working Out of Classification. Any employee assigned the duties normally performed by a higher paying classification shall be compensated as follows, providing the higher classified person was regularly assigned during that period. Such employee shall be paid the equivalent of 1/4 hour overtime for each two (2) hours or fraction thereof worked. Such payment shall be at the time and one-half rate. ARTICLE 7 – SICK LEAVE 7.1. Sick Leave. 7.1.1. Sick Leave Accrual Rate. Effective January 1, 2011, Commissioned officers shall accrue sick leave at the rate of ten (10) hours per month. Sick leave benefits under this Police Commissioned Contract 2021-2023 p.32 paragraph shall begin upon employment with the award of three (3) days (30 hours) of sick leave. Upon completion of the third month of employment an addition of three days (30 hours) shall be awarded. At the completion of six (6) full months of employment, the employee shall accrue sick leave at the rate of one (1) day (10 hours) per month. For each day off taken as sick leave, the employee will use the number of hours scheduled to be worked. 7.1.2. Sick Leave Annual Cash Out. , the employer will cash out at the employee’s base rate of pay at 50% of all annual sick leave accrued (but not used) over 620 hours as of December 31st of the previous year. This amount shall be placed into the employee’s HRA VEBA account, administered by the employer. Transfer of these funds shall occur at the same time as the second pay check in February is issued. 7.1.3. Sick Leave Payment at Separation. Cash payment for sick leave will not be made upon an employee’s, retirement, voluntary separation, or death, except in those instances when the death occurs in the line of duty. 7.1.4. Sick Leave Use. Employees shall be entitled to use sick leave for family medical emergencies or for illness in the immediate family. For the purposes of this section “immediate family” shall include only the employee’s children, parents, domestic partner, or family members residing with the employee. Family emergencies shall include the need for an employee to be with his/her spouse Police Commissioned Contract 2021-2023 p.33 or domestic partner and/or family at the time that the employee’s spouse or domestic partner is giving birth to a child. 7.1.5. Lateral Officer Sick Leave. Officers qualifying as lateral, hired after January 1, 2021, will be allocated 250 hours of sick leave upon date of hire. Those hired within this time that did not receive this bank of hours will be allocated the proper sum to make up the difference. 7.2. Bereavement Leave. Full time employees whose immediate family suffers a death shall receive up to three (3) days off with pay to attend to necessary arrangements. A day off is defined as the number of hours scheduled to be worked by the employee (8 hours, 10 hours, 12 hours). Immediate family shall consist of spouse, son, daughter, mother, father, brother, sister, mother-in- law, father-in-law, grandmother, grandfather, and/or grandchildren. Paid time off for bereavement leave shall not be considered sick leave. Employees shall be allowed to attend the funeral of current department employees while on duty as long as minimum staffing requirements are met. 7.3. LEOFF II On-the-Job Injury (OJI) Disability Leave Benefit. Disability leave benefits shall be provided to LEOFF II employees in accordance with the laws of the State of Washington when it has been determined that the disability is duty-related. Effective January 1, 2019, all LEOFF II personnel will receive up to six (6) calendar months of full pay and benefits for L & I qualified Police Commissioned Contract 2021-2023 p.34 duty-related disabilities. The maximum period of this benefit will not exceed six (6) calendar months. 7.3.1. The coverage begins the first day or shift of time loss. 7.3.2. The individual with the disability will not be required to use any personal sick leave if the duration of the illness or injury is six (6) calendar months or less. 7.3.3. No Personal Leave can be used during the six (6) calendar month period. 7.3.4. Employees that are released by their physician to work light duty shall inform their supervisor of the release within 24 hours. 7.3.5. This benefit will conclude when any of the following conditions occur: a.The individual is cleared for return to full duty; b.The individual remains on disability and completes their six (6) calendar months; or, c.During the six (6) months, the Department of L & I declares the individual to be ‘fixed and stable’ with a disability that permanently prevents a return to full duty. The intent of this agreement is to make an injured employee financially ‘whole’ for the duration of the recovery. The total Police Commissioned Contract 2021-2023 p.35 compensation received by an injured employee will not exceed their regular duty compensation. All benefits provided in accordance with the contract will continue to accrue while an individual is using the LEOFF II OJI benefit. Reimbursement Checks from the Third Party Administrator (TPA) sent to an individual must be submitted to the City of Renton within thirty (30) days of receipt by the employee. The employee must endorse the check to the City of Renton. Employees will be reimbursed for all approved L & I travel expenses. 7.4. Light Duty Requirement. Employees who are injured on duty, and are expected to return to full duty, will be assigned to light duty. An employee may be exempted from this light duty requirement if under the advice of his/her physician. Employees who are assigned to patrol, work the Pitman schedule and are placed on light duty, will be required to work a schedule other than Pitman to better utilize their skills in a light duty assignment and will still maintain the 2189 hours in a calendar year. ARTICLE 8 – HOLIDAYS 8.1. The following days shall be observed as legal holidays: January 1 (New Year’s Day) Third Monday in January (Martin Luther King, Jr. Day) Police Commissioned Contract 2021-2023 p.36 Last Monday in May (Memorial Day) June 19 (Juneteenth) July 4 (Independence Day) First Monday in September (Labor Day) November 11 (Veteran’s Day) Fourth Thursday in November (Thanksgiving) The Friday following the fourth Thursday in November (Day after Thanksgiving) December 25 (Christmas) When Christmas Day is observed on a Tuesday, Wednesday, or Friday, the previous day shall be a holiday for City employees. When Christmas day is observed on a Monday or Thursday, the next day shall be a holiday for City employees. Any other day proclaimed by executive order and granted to other City employees. 8.2. Any employee who works the following listed holidays shall be paid “Holiday Time” (straight time) in addition to their rate of pay for hours worked (midnight to midnight). Fourth of July Police Commissioned Contract 2021-2023 p.37 Thanksgiving Day Christmas Day For officers already scheduled to work, or it is a normally scheduled workday, will be compensated at regular time plus Holiday Time (which equals double time). Those not scheduled to work, or the day falls on a normal rotational day off, will be paid overtime (time and one half) plus Holiday Time. This will be used to fill minimum staffing requirements for mandatory positions. For holidays where the City has preplanned special events, the overtime plus Holiday Time will not apply. The day will be paid at regular time plus Holiday for a scheduled employee or double time for someone working on a non-scheduled workday. ARTICLE 9 – TUITION REIMBURSEMENT The Employer shall reimburse a non-probationary employee for eighty-five (85%) percent of the actual cost of tuition and required fees paid by an employee to an accredited college or university, provided that those expenses are incurred: (1) in a course leading to a law enforcement related Associate’s/Bachelor’s/Master’s degree that benefit the work of the City of Renton Police Department per the Chief’s discretion and approval; (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 Police Commissioned Contract 2021-2023 p.38 Washington for quarter system credits and by Washington State University for semester systems credits. The Employer shall deduct and be entitled to repayment from any such employee, for any and all such costs paid to the employee, upon their resignation from employment, pursuant to the following: 100% repayment if resigning within one (1) year of the date of reimbursement; 50% repayment if resigning within two (2) years; 25% repayment if resigning within three (3) years. The Employer is authorized herein to withhold any amounts appropriate pursuant to this Section from the employees’ final paycheck. ARTICLE 10 – EDUCATIONAL INCENTIVE Employees shall be eligible for Associate Degree or Bachelor’s Degree minimum pay allowances, as provided in Appendix B of this Agreement, when such employee has obtained an undergraduate degree from an accredited educational institution. For this section completion of 90 quarter or 60 semester credits of college level work is equivalent to eligibility of Associate Degree pay provided such credits are for academic study, and not based upon “life experience”. Police Commissioned Contract 2021-2023 p.39 ARTICLE 11 – PERSONAL LEAVE 11.1. Accrual of Personal Leave. Personal Leave as it pertains to this contract is a combination of holiday and vacation leave. Employees shall accrue paid personal leave time in accordance with the following schedule whenever they are on paid employment status: Length of Service Hours/Month Accrual Hours/Annual Accrual 0 through 5 years 16.68 200.16 6 through 10 years 20.68 248.16 11 through 15 years 22.68 272.16 16 through 20 years 24.68 296.16 21 and subsequent years 26.68 320.16 Maximum accumulation of personal leave time shall not exceed 528 hours, except when the employee is unable to use personal leave time as a result of illness, disability, or operational considerations beyond the employee’s control. In such event, an employee shall not be penalized for excess accumulation, and the Employer has the option of either allowing excess accumulation or paying the employee for the excess accumulation. Buyback of personal leave accumulation will be allowed during the term of this Agreement, subject to the approval of the Employer (based upon availability of funds) to a maximum of forty-eight (48) hours per year. Police Commissioned Contract 2021-2023 p.40 11.1.1 Lateral Officer Personal Leave. Officers qualifying as lateral, hired after January 1, 2021, will be allocated 250 hours of personal leave upon date of hire. Those hired within this time that did not receive this bank of hours will be allocated the proper sum to make up the difference. Lateral candidates are not eligible to cash out personal leave from the bank of 250 hours prior to three (3) years of service. 11.2. Personal Leave Time. Shall be subject to the following rules: 11.2.1. Temporary or intermittent employees who leave the employment of the Employer and are later reemployed shall, for the purpose of this article, have an adjusted date of actual service effective with the date of reemployment. 11.2.2. For the purpose of this Article, “actual service” shall be determined in the same manner as for salary purposes. 11.2.3. As of January 1, 2018, employees, who are laid off, retired, dismissed, or who resign shall be paid for all accrued but unused personal leave time at the employees’ hourly base rate at the time of separation. 11.2.4. In the event of an employee’s death while in active service, any accrued but unused personal leave time shall be paid at the base rate to the employee’s estate. 11.2.5. An employee granted an extended leave of absence, which includes the next succeeding calendar year, Police Commissioned Contract 2021-2023 p.41 shall be given proportionate personal leave earned in the current year before being separated from the payroll. 11.2.6. An employee returning from military leave of absence, as defined by law, shall be given a personal leave allowance for the previous calendar year as if they had been employed. 11.2.7. In the event that an employee becomes ill or injured while they are on personal leave, the day or days that they are sick shall be treated as sick rather than personal leave, and they will be treated as though they were off solely for the reason of their illness or injury. The employee shall submit medical documentation of the illness or injury from the attending physician to establish that the employee was incapacitated due to illness or injury. 11.3. Scheduling and Using Personal Leave Time. The following rules shall govern the scheduling and usage of personal leave time. 11.3.1. The minimum personal leave allowance to be taken by an employee shall be in fifteen (15) minute increments. 11.3.2. Employee shall have the option to designate leave requests as “vacation bids” when the request is for a period of time exceeding seven consecutive calendar days in length (including both requested days off and regularly scheduled days off) and is submitted more than thirty-one (31) days in advance of the requested time off. Police Commissioned Contract 2021-2023 p.42 11.3.3. The employee’s request for time off shall be approved or denied within eight (8) days of notifying their supervisor that the request has been entered into Telestaff. All requests for time off occurring between March 1 and December 31 of any given year and submitted prior to January 14 of that year shall be considered for all purposes (including 11.3.4(a) below) to have been submitted on January 14 of that year. 11.3.4. In the event that multiple employees request the same day(s) off, and the Employer is not able to accommodate all of the requests due to minimum staffing limitations, then the Employer will use the following criteria, in order, to determine who is granted the leave time: a.Requests submitted on an earlier date shall have precedence over those submitted later. b.If the requests are submitted on the same effective date, then vacation bids shall have precedence over requests that are not vacation bids; c.When the requests are otherwise equal, then the request from the employee with more seniority shall have precedence. Seniority shall be determined according to Article 3. 11.3.5. The Employer and the Guild acknowledge that the Employer has a legitimate interest in maintaining proper staffing levels for public safety purposes, and that Police Commissioned Contract 2021-2023 p.43 employees have a legitimate interest in taking their time off at times convenient to them. The Employer shall have the right to set different short-term minimum staffing levels in all work units for special events. Special events are city festivals and unusual occurrences where additional law enforcement staffing for maintaining order is required. The Employer will notify the employees by January 1 each year of changes to the long-term minimum staffing levels. 11.4. Cancellation of Scheduled Leave. The Employer will make reasonable effort to avoid cancellation of approved employee leave time, and to notify employees as soon as possible after the decision to cancel. In the event that the Employer cancels the approved leave time of an employee, the following rules shall apply. 11.4.1. If the employee’s request was submitted more than thirty-one (31) days in advance of the scheduled leave, and approved, the Employer may cancel that time off without penalty if at least thirty (30) days notice is given prior to the scheduled leave. 11.4.2. If the employee’s request was submitted less than thirty (30) days in advance, but more than nine (9) days, and approved, the Employer may cancel the time off without penalty if at least eight (8) days notice is given. 11.4.3. If the request is submitted with eight (8) days’ notice or less, and approved, the Employer may cancel the time off at any time without penalty. Police Commissioned Contract 2021-2023 p.44 11.4.4. The Employer agrees not to cancel an approved vacation bid except in the event of an extreme emergency condition. 11.4.5. For purposes of this section, “penalty” shall refer to the overtime pay provisions of Article 4. 11.5. Personal Leave Hours Used. The number of leave hours used for each day off shall be calculated based upon the number of hours in the employee’s work day. Employees assigned to a twelve (12) hour schedule shall use twelve (12) hours of personal leave for each day off. Employees assigned to a ten (10) hour schedule shall use ten (10) hours of personal leave for each day off. ARTICLE 12 – LONGEVITY 12.1. Premium Pay. Employees shall receive premium pay for longevity in accordance with Appendix B of this Agreement. 12.2. Longevity Allowance. Longevity allowances shall be payable on the first payday following the anniversary of the employee. 12.3. Determination of Longevity. Longevity will be based on the employee’s last date of hire in the bargaining unit. A transfer within from one position in the City to another will not constitute a “date of hire”. Police Commissioned Contract 2021-2023 p.45 ARTICLE 13 – PENSIONS Pensions for employees and contributions to pension funds will be governed by applicable Washington State Statutes. ARTICLE 14 – INSURANCES 14.1. Definitions: REHBT: Renton Employees’ Healthcare Board of Trustees REHP: Renton Employees’ Healthcare Plan Funding Goal: It is the responsibility of the Renton Employees’ Healthcare Board of Trustees to establish and maintain fund goals in relationship to the Renton Employees’ Healthcare Plan. Plan Member: An eligible Renton employee, along with their dependents, that is covered under the Renton Employees’ Healthcare Plan. Premiums: The contributions made to the REHP by both the City and the employees to cover the total cost of purchasing the REHP. Contributions made by employees for co-pays, lab fees, ineligible charges, etc., are not considered premiums for the purpose of this Article. 14.2. Health Insurance. Police Commissioned Contract 2021-2023 p.46 14.2.1. Participation. The City and the Local/Union/Guild agree to jointly manage the REHP during the term of this agreement. The REHBT is comprised of AFSCME Local 2170; Police Guild; and the City, and will meet at least quarterly to review the REHP including costs associated with the REHP. Medical coverage shall be provided in accord with the laws of the State of Washington, RCW 41.26.150 and federal plans: Patient Protection and Affordable Care Act and the Health Care and Education Affordability Reconciliation Act of 2010. The Local/Union/Guild agrees to continue participation in the REHBT and to identify and support cost containment measures. 14.2.2. Plan Coverage. The City will provide a medical/dental, vision, and prescription drug insurance plan for all eligible employees including all bargaining unit members and their eligible dependents. 14.2.3. Premiums. For the calendar years 2021 through calendar year 2023, the total cost of the plan shall be divided as follows: Year City Employees 2021 91% 9% 2022 91% 9% 2023 91% 9% Police Commissioned Contract 2021-2023 p.47 Employee premiums will be based upon the following categories: •Employee •Employee/Spouse or Domestic Partner •Employee/Spouse or Domestic Partner/1 •Employee/Spouse or Domestic Partner/2+ •Employee/1 •Employee/2+ 14.2.4. Projected Costs. The plan contributions shall be calculated by the percentage of actual plan cost increase that occurred in the previous year and based on consideration of Actuarial projections. The year in review shall be from July 1st to June 30th. 14.2.5. Alternative Plan Coverage. City contributions for the alternative plan will be at the same cost share percentage as the self-funded plan, capped at the dollar amount contributed for the self-funded plan. 14.2.6. Renton Employees’ Healthcare Board of Trustees. The REHBT includes members from each participating Union. Each union will have a maximum of one (1) vote, the Police Guild has two (2) bargaining units but only receives one (1) vote on the REHBT. The City only receives one (1) vote also. If all bargaining units participate, the voting bodies would be as follows: AFSCME – 2170; Police Guild; and the City for a total of three (3) votes. Police Commissioned Contract 2021-2023 p.48 14.2.7. Plan Changes. The members of the REHBT shall have full authority to make plan design changes without further concurrence from bargaining unit members and the City Council during the life of this agreement. 14.2.8. Voting. Changes in the REHP will be determined by a majority of the votes cast by REHBT members. A tie vote of the REHBT members related to a proposed plan design change will result in continuing the current design. 14.2.9. Surplus. Any surplus in the Medical Plan shall remain available only for use by the Renton Employees’ Health Plan Board of Trustees for either improvements in the Plan, future costs, increase offsets, rebates to participants, or reduction in employee contributions. 14.3. Life Insurance. The Employer shall furnish to the employee a group term life insurance policy in the amount of the employee’s annual salary including double indemnity. The Employer shall furnish a group term life insurance policy for $1,000 for the employee’s spouse and $1,000 for each dependent. 14.4. Federal/State Healthcare Options. In the event of a Federal/State healthcare option, the REHBT shall have the option to review the proposed Federal/State option and take appropriate actions. 14.5. COBRA. When an employee or dependent’s health care benefits ceases based on a qualifying event, the employee or Police Commissioned Contract 2021-2023 p.49 dependent shall be offered medical and dental benefits under the provision of Consolidated Omnibus Budget Reconciliation Act (COBRA) for a period of eighteen (18) months. 14.6. LEOFF II Disability Insurance Policy. The Employer shall provide a payroll deduction for each LEOFF II employee who authorizes the Employer to deduct monies from the employee’s paycheck to help defray the cost of a Guild designated on-duty disability insurance policy. 14.7. False Arrest and Criminal Defense Coverage. False arrest and criminal defense coverage shall be provided by the Employer for all employees. The Employer shall indemnify and defend any employee against any claim or suit, where such claim or suit arises because such employee performs his/her duty as an employee of the Renton Police Department. The Employer shall pay on behalf of any employee any sums which the employee shall be legally obligated to pay as a result of that employee’s reasonable or lawful activities and exercise of authority within the scope of his/her duties and responsibilities as an employee of the Renton Police Department. Indemnity and defense shall not be provided by the Employer for any dishonest, fraudulent, criminal or malicious act or for any suit brought against the employee by or on behalf of the Employer. 14.8. Department Contracted Extra-duty Employment. All department contracted extra-duty law-enforcement employment as a Renton Police Officer shall be authorized by the Chief of Police or designee prior to such employment. In order to ensure that officers who engage in extra-duty employment as Renton Police Commissioned Contract 2021-2023 p.50 Police Officers, have adequate liability coverage, the City will pay officers so employed at the rates established by the Memorandum of Understanding attached to this collective bargaining agreement in Appendix D. The overtime provisions of this Agreement shall not apply to such employment. Time in excess of one hour shall be paid in pro rata 15-minute segments. The parties agree to make such changes in the wording of this provision as may be required to comply with the FLSA. Any officer working as a Renton Police Officer without the permission of the Department and paid directly by an employer other than the City of Renton shall not have Employer paid liability coverage and shall not be authorized to wear the Renton Police Department uniform. 14.9. Change in Benefits. If for reasons beyond the control of the Employer or Guild a benefit of any one of the provisions agreed to in this Article is abolished, changed, or modified as to reduce the benefit, the Employer agrees to replace it with a like benefit prior to the effective date of the change. In the event a like benefit cannot be obtained by the Employer, the parties will bargain regarding replacement of the benefit and related matters. 14.10. VEBA. One percent (1%) of employee’s base pay to fund a City selected and contracted VEBA plan/vendor. Funding of the VEBA will occur in each pay period where the employee has pay from the City for at least half of their scheduled hours and the City will handle the transfer of funds. During a pay period where the employee does not have pay for at least half of their scheduled hours, they will not have the VEBA contribution Police Commissioned Contract 2021-2023 p.51 (except for leaves covered by FMLA and/or PFML). These funds are provided by the employer, and are a Mandatory Employee Contribution to VEBA. ARTICLE 15 – TECHNOLOGY 15.1. Video. 15.1.1 Video Reviews. Imagery recorded by the Video system will not be routinely or randomly reviewed to monitor officer performance. A supervisor may conduct a review of a specific incident on an officer’s recorded imagery only when there is an articulable reason justifying such review. Articulable reasons for reviewing an officer’s video include, but are not limited to: (1) capturing specific evidence for use in a criminal prosecution, (2) a civil claim has been filed against the City involving the incident, (3) a citizen complaint has been made against an officer regarding the incident, (4) the incident included a use of force, (5) the incident included a vehicle pursuit, (6) the incident included a vehicular collision, or (7) the incident involved a serious injury or death. Notwithstanding the other provisions of this section, Field Training Officers may review the videos of probationary trainees in the Field Training Program. Furthermore, officers involved in lethal force incidents shall be allowed to review any videos pertaining to the incident that the department utilizes or has access to upon request. Police Commissioned Contract 2021-2023 p.52 15.1.2. Video Review Log. Prior to the review, notice of the review must be provided to the subject officer and the Vice President of the Renton Police Guild (Guild) via the appropriate form to their department mailboxes. An video review log will be kept and must be accessible to the president and vice-president of the Renton Police Guild. The log must include the date, time, reviewing supervisor, and an articulable reason for the review. 15.1.3. Video Evidence. The Department may use recorded imagery as evidence in an official Department investigation provided the imagery is of a specific incident as outlined in Section 15.1. 15.2. Automatic Vehicle Locator (AVL). 15.2.1 AVL Queries. AVL queries will not be routinely or randomly used to monitor officer performance. A supervisor may review AVL data of a specific incident only when there is an articulable reason justifying such review. Articulable reasons for reviewing an officer’s AVL data include, but are not limited to: (1) capturing specific evidence for use in a criminal prosecution, (2) a civil claim has been filed against the City involving the incident, (3) a citizen complaint has been made against an officer regarding the incident (4) the incident included a use of force, (5) the incident included a vehicle pursuit, (6) the incident included a vehicular collision, (7) the incident involved a serious injury or death, or (8) the incident involves officer safety. Notwithstanding the other Police Commissioned Contract 2021-2023 p.53 provisions of this section, Field Training Officers may review AVL data of probationary trainees in the Field Training Program; and any commissioned personnel can advise dispatch to broadcast AVL data when an articulable reason exists (for example, locating an officer for safety purposes). 15.2.2. AVL Review Log. Prior to the review, notice of the review must be provided to the subject officer and the Vice President of the Renton Police Officer’ Guild (Guild) via the appropriate form to their department mailboxes. An AVL review log will be kept and must be accessible to the president and vide-president of the Guild. The log must include the date, time, reviewing supervisor, and an articulable reason for the review. 15.2.3. AVL Evidence. The Department may use AVL data as evidence in an official Department investigation providing the data is of a specific incident as outline in Section 15.2. 15.3. Equipment Safety. Any equipment issued that affects officer safety should be documented and forwarded to the Chief of Police through the Chain of Command. The Chief of Police or designee will have five (5) business days to acknowledge receipt of the complaint to the Vice President of the Renton Police Guild. ARTICLE 16 – BILL OF RIGHTS 16.1. Just Cause Employer Rights. The Employer retains the right to adopt rules for the operation of the Renton Police Department and the conduct of its employees provided that such rules do not Police Commissioned Contract 2021-2023 p.54 conflict with the City Ordinances, City and State Civil Service Rules and Regulations as they exist, or any provision of this Agreement. It is agreed that the Employer has the right to discipline, suspend, or discharge any employee for just cause subject to the provisions of the City Ordinances, City and State Civil Service Rules and Regulations as they exist, and terms of this Agreement. 16.2. Bill of Rights. In an effort to ensure that investigations, as designated by the Chief of Police of the Renton Police Department, are conducted in a manner which is conducive to good order and discipline, the Renton Police Guild shall be entitled to the protection of what shall hereafter be termed as the “Police Officers’ Bill of Rights.” 16.2.1. The City and the Guild agree that all employees should work in an environment that fosters mutual respect and professionalism. The parties agree that inappropriate behavior in the workplace does not promote the City’s business, employee well-being, or productivity. All employees are responsible for contributing to such an environment and are expected to treat others with courtesy and respect. Inappropriate workplace behavior by employees, supervisors, and/or managers will not be tolerated. If an employee and/or the employee’s Guild representative believes the employee has been subjected to inappropriate workplace behavior, the employee and/or the employee’s representative is encouraged to report this behavior to the Police Commissioned Contract 2021-2023 p.55 employee’s supervisor, a manager in the employee’s chain of command, and/or the Human Resources Office. The City will follow the investigatory procedures outlined in City Policy and Procedure 340-02and take appropriate action as necessary. The employee and/or Guild representative will be notified upon conclusion. This section is not subject to the grievance procedure in Article 18, but is subject to the City’s complaint process. 16.2.2. If an employee becomes the suspect in an internal that could result in criminal charges, that investigation may be investigated by another agency outside the City of Renton. 16.2.3. Employees will not be under any type of electronic surveillance by any employee of the Renton Police Department without authorization of the Chief of Police or designee. 16.2.4. Any employee who becomes the subject of an internal investigation, or an investigatory interview, shall be advised in writing of the following within three business days of the date of their first interview: a.General orders violated and the nature of the matter in sufficient detail to reasonably apprise them of the matter (unless suspected of committing a criminal offense); Police Commissioned Contract 2021-2023 p.56 b.Misconduct that would be grounds for termination, suspension, or other disciplinary action; and c.That they may not be qualified for continued employment with the Department. An “investigatory interview” occurs when a supervisor knows or reasonably should know that they are questioning an employee about something that could result in an economic sanction. 16.2.5. Any employee who becomes the subject of an investigation may have legal counsel or a Guild representative present during all interviews. The interviewer must provide at least three business days for the employee to have legal counsel or have a Guild representative present during the interview. An investigation as used elsewhere in this Article shall be interpreted as any action which could result in a dismissal from the Department or the filing of a criminal charge. 16.2.6. The employee under investigation must, at the time of an interview, be informed of the name of the officer in charge of the investigation and the name of the officer who will be conducting the interview. See LEXIPOL Policy 907. Revisions to Policy 907 will be discussed with the Guild 16.2.7. Employees have Weingarten Rights during all interviews where they reasonably believe they could be subject to discipline. Police Commissioned Contract 2021-2023 p.57 16.2.8. The employee shall be informed in writing as to whether they are a witness or suspect. Should the witness in an investigation become the suspect of an investigation during the investigatory interview, the Employer agrees to stop the interview to allow the employee to obtain Guild Representation. See LEXIPOL Policy 907. Revisions to Policy 907 will be discussed with the Guild 16.2.9. The interview of any employee shall be at a reasonable hour, preferably when the employee is on duty. Whenever possible, interviews shall be scheduled during the normal workday of the Employer. The employee will be required to answer any questions involving non-criminal matters under investigation and will be afforded all rights and privileges to which they are entitled under the laws of the State of Washington or the United States. 16.2.10. The employee or Employer may request that a formal investigation interview be recorded. There can be no “off the record” questions. Upon request, the employee under formal investigation shall be provided an exact copy of any written statement they have signed. The employee shall be furnished a copy of the completed investigation 72 hours prior to any pre-disciplinary Loudermill hearings. 16.2.11. Interviewing shall be completed within a reasonable time and shall be done under circumstances devoid of intimidation or coercion. In all investigation interviews that may result in discipline, the employee shall be afforded an opportunity and facilities to contact and Police Commissioned Contract 2021-2023 p.58 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 they shall request for personal necessities, meals, telephone calls and rest periods. 16.2.12. All interviewing shall be limited in scope to activities, circumstances, or events which pertain to the incident which is the subject of the investigation. Nothing in this section shall prohibit the Employer from questioning the employee about information which is developed during the course of the interview. 16.2.13. The employee will not be threatened with dismissal or other disciplinary punishment as a guise to attempt to obtain his/her resignation, nor shall they be subject to abusive or offensive language or intimidation in any other manner. No promises or rewards shall be made as an inducement to answer questions. 16.2.14. Upon the completion of the investigation and upon request, a copy of the entire file shall be provided to the employee. 16.2.15. To balance the interest of the Employer in obtaining a psychological evaluation of an employee to determine the employee’s fitness for duty and the interest of the employee in having those examinations being conducted, psychological evaluations will be obtained in the least intrusive manner as possible. To protect the Police Commissioned Contract 2021-2023 p.59 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 C). 16.2.16. No employee shall be required to unwillingly submit to a polygraph test or to unwillingly answer questions for which the employee might otherwise properly invoke the protections of any constitutional amendment against self-incrimination. Nor shall any member be dismissed for or shall any other penalty be imposed upon any employee for his/her failure to submit to a polygraph test. 16.2.17. Should any section, sub-section, paragraph, sentence, clause, or phrase in this Article be declared unconstitutional or invalid, for any reason, such decision shall not affect the validity of the remaining portions of this Article. 16.2.18. Any employee involved in the use of lethal force shall not be formally interviewed immediately following the incident. The policy and procedure outlined in the Unusual Occurrences Manual (Department Response to Line of Duty Death or Other Critical Incidents) will govern the response to issues regarding use of lethal force. 16.2.19. Investigations of known members by the Renton Police Department shall be completed in a timely manner with a goal of completion within 30 days. Police Commissioned Contract 2021-2023 p.60 16.2.20. The right for an employee to add commentary during the Loudermill or at the end of the internal investigation process will be maintained. 16.3. Brady Language. A punitive action, or denial of promotion on grounds other than merit, shall not be undertaken by the City against any officer solely because that officer’s name has been placed on a Brady list, or that the officer’s name may otherwise be subject to disclosure pursuant to Brady. 16.3.1. The provisions of subsection 16.3. shall not prohibit the City from taking punitive action, denying a promotion on grounds other than merit, or taking other personnel action against an officer based on the underlying acts or omissions for which that officer’s name was placed on a Brady list, or may otherwise be subject to disclosure pursuant to Brady, if the actions taken by the City otherwise conform to this agreement. 16.3.2. Evidence that an officer’s name has been placed on a Brady list, or may otherwise be subject to disclosure pursuant to Brady, shall not be introduced for any purpose in any administrative appeal of a punitive action, except as provided in subsection 16.3.3. 16.3.3. Evidence that an officer’s name was placed on a Brady list may only be introduced if, during the administrative appeal of a punitive action against an officer, the underlying act or omission for which that officer’s name was placed on a Brady list is proven and the officer is found Police Commissioned Contract 2021-2023 p.61 to be subject to some form of punitive action. If the arbitrator or other administrative appeal tribunal finds or determines that an officer has committed the underlying acts or omissions that will result in a punitive action, denial of a promotion on grounds other than merit, or any other adverse personnel action, and evidence exists that an officer’s name has been placed on a Brady list, or may otherwise be subject to disclosure pursuant to Brady, then the evidence shall be introduced for the sole purpose of determining the type or level of punitive action to be imposed. 16.3.4. For purposes of these subsections, “Brady list” means any system, index, list, or other record containing the names of officers whose personnel files are likely to contain evidence of dishonesty or bias, which is maintained. 16.4. Drug And Alcohol Testing. The Employer considers its employees its most valuable asset. The Employer and the Guild share concern for the safety, health and well being of police department members. This community and all City employees have the absolute right to expect persons employed by the Employer will be free from the effects of drugs and alcohol. 16.4.1. Before an employee may be tested for drugs, the Employer shall have individualized reasonable suspicion based on objective facts and reasonable inferences drawn there from, that a particular employee has engaged or is engaged in the use of illegal drugs and/or abuse of legal drugs (including alcohol). Police Commissioned Contract 2021-2023 p.62 16.4.2. Drug and alcohol* tests shall be performed by a HHS certified laboratory or hospital or clinic certified by the State of Washington to perform such tests. (* Initial alcohol testing may be performed by a Certified Breath Alcohol Technician or any other person approved to operate an Evidential Breath Testing device.) 16.4.2.1. Drug Testing. a.An initial drug screen shall be performed using the Immunoassay (IA) method. b.Any positive results on the initial drug- screening list shall be confirmed through use of Gas Chromatography/Mass Spectrometry. c.The drug panel and cut off standards shall be as defined by 49 CFR Part 40 which sets forth the procedures for drug testing in the Department of Transportation (DOT). d.Confirmed positive drug test results shall be sent to a licensed physician who, as Medical Review Officer (MRO), will review the affected 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 Police Commissioned Contract 2021-2023 p.63 who will notify the designated department representative and employee of the test results. 16.4.2.2. Alcohol Testing. Alcohol test results shall be released to the employee and department upon conclusion of the test. For the purpose of determining whether the employee is under the influence of alcohol, test results of .02 or more based upon the results of an Evidential Breath Testing device shall be considered positive. 16.4.2.3. Confirmation of Test Results. a.Employees notified of a positive alcohol test result may request the opportunity to have a blood sample drawn for analysis at either a hospital or certified testing lab as chosen by the Employer. b.Employees notified of a positive drug test may request that the Medical Review Officer send a portion of their first sample to the hospital or HHS certified laboratory of the employee’s choice for testing by gas chromatography/mass spectrometry. c.The cost of employee requested tests are the responsibility of the employee. If the test results are negative, the Employer will reimburse the employee for the cost of the test. Police Commissioned Contract 2021-2023 p.64 ARTICLE 17 – MANAGEMENT RIGHTS 17.1. Recognition. The Guild recognizes the prerogative of the Employer and the Chief of Police to operate and manage Police Department affairs in all respects, in accordance with its responsibilities and the powers of authority which the Employer has not officially abridged, delegated, or modified by this Agreement. 17.2. Rights of Employer. Subject to the provisions of this Agreement, the Employer reserves the right to: 17.2.1. Recruit, assign, transfer, and promote members to the positions within the Department; 17.2.2. Suspend, demote, discharge, or take other disciplinary action against members for just cause; 17.2.3. Relieve members from duties because of lack of work, lack of funds, the occurrence of conditions outside Department control; or when the continuation of work would be wasteful and unproductive; 17.2.4. Determine methods, means, and personnel necessary for departmental operations; 17.2.5. Control the department budget; Police Commissioned Contract 2021-2023 p.65 17.2.6. Take whatever actions are necessary in emergencies in order to assure the proper functioning of the Department; 17.2.7. Determine classification, status, and tenure of employees; and 17.2.8. Perform all other functions not limited by this Agreement. ARTICLE 18 – GRIEVA NCE PROCEDURE The Employer recognizes the importance and benefit of settling grievances promptly and fairly in the interest of better employee relations and morale. To this end, the following procedure is outlined. Every effort will be made to settle grievances at the lowest level of supervision. Employees will be unimpeded and free from unreasonable restraint or interference and free from coercion, discrimination, or reprisal in lawfully seeking adjudication of their grievance. 18.1. Definitions. 18.1.1. Grievance: Any issue relating to interpretation, application, or enforcement of any provision contained in this Agreement. 18.1.2. Issue: Any dispute, complaint, problem, or question arising with respect to working conditions or employer- employee relations of any nature or kind whatsoever. Police Commissioned Contract 2021-2023 p.66 18.1.3. Guild Representative: A Guild member designated by the Guild President as a bargaining representative. 18.2. Grievance Procedure. The steps set forth herein shall be followed unless the Chief of Police and the Grievant, Guild, or individual raising the issue agree in any particular case that the procedural steps and/or time limits should be modified. Any agreement to modify the procedural steps and/or time limits shall be in writing. In the event that no provision is made to modify any procedural steps and/or time limits, and either of the parties violates them, the grievance/issue shall be considered settled in favor of the party that is not in default at the time. If any specified participant in the steps below is absent and thus unable to timely participate, such step(s) may be completed by the participant’s designee. Step 1 The employee(s) and/or Guild Representative shall submit the grievance/issue in writing to the Division Commander within twenty (20) calendar days from the date that the grievant knew or reasonably should have known of the action precipitating the grievance/issue. The Division Commander shall notify the Employee(s) and the Guild Representative in writing of his/her decision and the reasons therefore within fifteen (15) calendar days thereafter. Step 2 If the grievant is not satisfied with the decision rendered, they 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 Police Commissioned Contract 2021-2023 p.67 initiated at Step (2) of the grievance process within fifteen (15) calendar days from the date the Guild knew or reasonably should have known of the action precipitating the grievance/issue. The Deputy Chief shall notify the employee(s) and the Guild Representative in writing of his/her decision and the reasons therefore within fifteen (15) calendar days thereafter. Step 3 If the grievant is not satisfied with the decision rendered, they shall submit the grievance/issue in writing to the Chief of Police within fifteen (15) calendar days. The Chief of Police shall notify the employee(s) and the Guild Representative in writing of his/her decision and the reasons therefore within fifteen (15) calendar days thereafter. Step 4 If the grievant is not satisfied with the decision rendered, they shall submit the grievance/issue in writing to the Mayor within fifteen (15) calendar days. The Mayor shall notify the employee(s) and the Guild Representative in writing of his/her decision and the reasons therefore within fifteen (15) calendar days thereafter. Consideration of the issue shall conclude at this point. Step 5 If the grievance has not been settled by the Mayor, either party may submit the matter to arbitration. In any case, the matter must be referred to arbitration within ninety (90) days from conclusion of the fifteen (15) day period of consideration by the Mayor. A neutral Police Commissioned Contract 2021-2023 p.68 arbitrator will be selected jointly by both parties. If the parties cannot agree on an arbitrator, they will request a list of arbitrators from the American Arbitration Association (AAA) and alternately strike names, if necessary, to pick an arbitrator. The arbitrator selection process will not exceed ten (10) days. The total cost of the proceedings shall be borne equally by both parties. The arbitrator’s award shall be final and binding on both parties, provided, however, that no authority is granted to the arbitrator to modify, amend, or delete any terms of this Agreement. When an employee or the Guild appeals a grievance to arbitration, such appeal shall be made in writing and shall constitute an election of remedies and, to the extent allowed by law, a waiver of any and all rights by the appealing employee or the Guild to litigate or otherwise contest the appealed matter in any court or other available forum. 18.3. Election of Remedies. In the case of disciplinary actions that are appealable to the Civil Service Commission, a non- probationary employee may file a grievance under the terms of this Agreement alleging that the disciplinary action was not for just cause. If the employee does so, it shall constitute an election of remedies and said employee shall be barred from pursuing the issue in any other forum including, but not limited to, the Civil Service Commission. Police Commissioned Contract 2021-2023 p.69 ARTICLE 19 – PERFORMANCE OF DUTY Nothing in this Agreement shall be construed to give an employee the right to strike, and no employee shall strike or refuse to perform assigned duties to the best of his/her ability. It is further agreed that no employee shall refuse to cross the picket line of any other union during his/her scheduled work shift. The parties recognize and agree to abide by the provisions of RCW 41.56.490. ARTICLE 20 – RETENTION OF BENEFITS Wages, hours, benefits, and working conditions constituting mandatory subjects of bargaining in effect on the effective date of this Agreement shall be maintained unless changed by mutual agreement between the Employer and the governing body of the Guild. An interest arbitrator may also change contract provisions legally before them in an interest arbitration. The Employer agrees to notify the Guild in advance of changes or hearings affecting working conditions of any employee covered by this Agreement, except in emergency situations and provided that the Employer is aware of the changes or hearings. ARTICLE 21 – PAY DAYS 21.1. Pay Dates. Employees shall be paid twice each month and any employee who is laid off or terminated shall be paid all monies due on the next following payday. All employees shall be Police Commissioned Contract 2021-2023 p.70 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. 21.2. Online Pay Stubs. Effective upon ratification of this contract the employer shall no longer issue paper stubs to employees. Employees will receive instructions regarding online viewing of their individual pay stubs prior to implementation. 21.3. Direct Deposit. All employees will participate with direct deposit of paychecks. ARTICLE 22 – SAVINGS CLAUSE 22.1. Savings Clause. If any article of this Agreement or any addenda hereto should be held invalid by operation of law or by any tribunal of competent jurisdiction or if compliance with or enforcement of any article should be restrained by such tribunal, the remainder of this Agreement and Addenda shall not be affected thereby, and the parties shall enter, within ten (10) calendar days, into collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement or modification of such Article held invalid. 22.2. Contract/Civil Service. Any conflict between the provisions of this Agreement and current Civil Service Rules and Regulations shall be resolved as set forth herein. It is further understood that (a) to the extent the labor agreement does not address a matter (e.g., discipline, seniority, layoffs, etc.) and Civil Police Commissioned Contract 2021-2023 p.71 Service does, then Civil Service shall prevail; (b) to the extent the labor agreement does address a matter (e.g., discipline, seniority, layoffs, etc.) and Civil Service also does so, the labor agreement shall prevail. The Employer and Guild otherwise retain their statutory rights to bargain changes in Civil Service Rules and Regulations (i.e. changes initiated after the effective date of this agreement) for employees in the bargaining unit. Upon receiving notice of such proposed change(s) from the Civil Service commission, either party may submit a written request to the Mayor (within sixty (60) calendar days after receipt of such notice) and the result of such bargaining shall be made a part of this Agreement. 22.3. Successor Agreement. This Agreement and any and all amendments and modifications hereafter entered into and executed by and between the parties hereto shall be binding and inure to the benefit of the parties’ respective successors and assigns and any other governmental entity succeeding to the City of Renton’s obligations hereunder. In case of any merger or consolidation by the Employer with another governmental agency, either party shall have the right to reopen this Agreement for negotiation of any positions affected by the merger or consolidation. 22.4. FLSA Disputes. The Employer shall have the right to bargain any issues arising out of the implementation of the Fair Labor Standards Act (FLSA) including any conflicts that may arise regarding Article20, Retention of Benefits. Statutory provisions for resolution of impasses reached in collective bargaining, and Police Commissioned Contract 2021-2023 p.72 contractual provisions for resolution of grievances arising out of such FLSA issues shall apply. ARTICLE 23 – ENTIRE AGREEMENT 23.1. The Agreement expressed herein in writing constitutes the entire agreement between the parties, and no oral statement shall add up to or supersede any of its provisions. The parties acknowledge that each has had the unlimited right and opportunity to make demands and proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this Agreement. Therefore, except as otherwise provided in this Agreement, the Employer and the Guild for the duration of this Agreement each voluntarily and unqualifiedly agrees to waive the right to oblige the other party to bargain with respect to any subject or matter not specifically referred to or covered in this Agreement. ARTICLE 24 - DURATION OF AGREEMENT Unless otherwise agreed, this Agreement shall become effective January 1, 2021, and shall remain in force until December 31, 2023. Police Commissioned Contract 2021-2023 /5 7!' -:-,,· Signed this ______ day of �/M1, e..Renton, Washington. CITY OF RENTON , 2022, at Bill Judd, Spokesperson/Member �--Brian Sandler, Sr. Employee Relations Analyst p.73 f61;f::f!!: Police Commissioned Contract 2021-2023 p.74 ATTEST: Jason Seth, City Clerk APPROVED AS TO LEGAL FORM: Shane Moloney, City Attorney Police Commissioned Contract 2021-2023 p.75 APPENDIX A: SALARIES A.1. – Salary Schedule. A.1.1. Effective January 1, 2021, the base wages for all positions in the bargaining unit shall be increased by 3% over the wages in effect December 31, 2020. A.1.2. January 1, 2021, Salary Schedule Classification Start 12 Months 24 Months 36 Months 48 Months Police Sergeant $9666 $ 10149 Patrol Officer I $5911 $6412 $6916 $7411 $7911 Patrol Officer II $6280 $6812 $7348 $7,875 $8406 Police Commissioned Contract 2021-2023 p.76 A.1.3. Effective January 1, 2022, the base wages for all positions in the bargaining unit shall be increased by 7% over the wages in effect December 31, 2021. Note: This percentage increase would be effective and reflected on paychecks for active members the 1st full pay period after Guild ratification and Council adoption of the 2021-2023 contract. A.1.4 Effective January 1, 2023, the base wages for all positions in the bargaining unit shall be increased by 5% over the wages in effect December 31, 2022. A.1.5 Retro payments shall be provided to those Guild commissioned employees that had hours paid on or after January 1, 2021. The retro payment will be included on a regular paycheck no later than September 23, 2022. A.1.6 Retention Pay: total of $6,000, made over 3 installments, based on the following: $2,000.00 paid out to on the 1st paycheck following ratification and council approval to active officers with a hire date prior to 6/1/2021. $2,000.00 paid out in December 2022 to active officers with a hire date prior to 6/1/2022. Payment will be included in the December 23, 2022 paycheck. Police Commissioned Contract 2021-2023 p.77 $2,000.00 paid out in December 2023 to active officers with a hire date prior to 6/1/2023. Payment will be included in the December 22, 2023 paycheck. A.1.7 The City will advertise and hire entry-level candidates at the B step of Patrol Officer I. Upon Academy completion, they will move to step B of Patrol Officer II. Step A will be frozen during the life of the contract starting the first pay period after Council adoption of the agreement. A.2. Deferred Compensation Contributions. A.2.1. Accreditation Premium. The Employer will deposit one percent (1.0%) of the employee’s base wage into the deferred compensation plan for each employee as a premium for accreditation of the police department. A.2.2. In-Service Training. In exchange for thirty (30) hours of in-service training under Article 4 of this Agreement at the prevailing straight time rate, the Employer shall make a contribution equal to one-half percent (0.5%) of the employee’s base wage toward the employee’s deferred compensation plan. A.2.3. Deferred Compensation. In exchange for savings realized through modifying the salary scale, effective January 1, 1997, the Employer shall contribute one-half Police Commissioned Contract 2021-2023 p.78 percent (0.5%) of the employee’s base wage into the employee’s deferred compensation plan. The combined deferred compensation contribution from the above Sections of this Appendix shall be 2.0%. A.2.4. Physical Fitness. Employees who comply with Section 6.8.3 shall be compensated with 3.0% of base pay in the form of deferred compensation, in accordance with Section 6.8.4. Police Commissioned Contract 2021-2023 p.79 APPENDIX B: EDUCATION/LO NGEVITY SCHEDULE Employees shall receive longevity pay according to the following scale: Completion of 5 years – 2% of base wage Completion of 10 years – 4% of base wage Completion of 15 years – 6% of base wage Completion of 20 years – 10% of base wage Completion of 25 years – 12% of base wage Completion of 30 years – 14% of base wage Employees shall receive educational pay according to the following scale: AA Degree/90 Credits – 4% of base wage BA Degree/Masters – 6% of base wage Police Commissioned Contract 2021-2023 p.80 APPENDIX C – MEDICAL RELEASE APPENDIX C – MEDICAL RELEASE I, ________________________, hereby release Dr.___________________________ to provide the following medical information to my employer. Psychological or physical fitness to perform all the essential functions of my current job classification; If unable to perform all those functions, the duties that I am able to perform and which duties I am not able to perform; If unable to work at this time, when I can reasonably be expected to return to work at my regular duties; Any necessary restrictions on my work or duties; Any necessary accommodations which may be required to allow me to perform the essential functions of my current job classification; and Any recommendation for psychotherapy or other form of therapy, counseling and/or medical treatment. This Release is intended to grant no further access to my confidential medical beyond what is listed above. __________________ _____________________ PATIENT DATE Police Commissioned Contract 2021-2023 p.81 APPENDIX D: M.O.U. Re: Commissioned Extra Duty Compensation Police Commissioned Contract 2021-2023 p.82 APPENDIX E: RE-OPENER Upon the Union’s request, the parties agree to meet and negotiate these articles of the contract: 3.3.2 Inspection of Papers 14.8 False Arrest and Criminal Defense Coverage 16 Bill of Rights 18.2 Grievance Procedure Police Commissioned Contract 2021-2023 p.83 INDEX A accrual of personal leave ............. 39 actual service ............................... 40 alcohol .................................... 61, 62 allowance .............. 23, 25, 26, 38, 41 allowances ................................... 44 Appendix A .................................. 75 Appendix B ................................... 79 Appendix C ................................... 80 Appendix D .................................. 81 application .............................. 12, 65 arbitration ............................... 67, 69 B bereavement leave ...................... 33 Bill of Rights ............................ 53, 54 buyback ....................................... 39 C cancellation of scheduled leave ... 43 Canine Officer .............................. 29 cash out ....................................... 32 cash payment............................... 19 Cash payment .............................. 32 CCU ......................................... 22, 28 CDU ......................................... 22, 28 Christmas ..................................... 36 Civil Disturbance Unit ............. 22, 28 civil service.............................. 11, 13 Civil Service ................... 5, 54, 68, 70 Civil Service commission .............. 71 Civil Service Commission .............. 68 cleaning ............................ 24, 26, 27 clothing allowance .................. 25, 26 COBRA ......................................... 49 commercial cleaning .................... 27 compensation for training ........... 21 Compensatory Time ..................... 18 Consolidated Omnibus Budget Reconciliation Act ..................... 49 corporal ....................................... 25 Corporal Assignment.................... 29 court minimums...................... 18, 19 criminal defense .......................... 49 Crisis Communication Unit ........... 28 D deferred compensation .......... 30, 77 Deferred Compensation- Accreditation Premium ............. 77 Deferred Compensation-Annual Contribution ............................. 77 Deferred Compensation-In-service Training ..................................... 77 deferred compensation-physical fitness ....................................... 30 Deferred Compensation-Physical Fitness Contribution ................. 78 Police Commissioned Contract 2021-2023 p.84 department contracted extra-duty law-enforcement employment . 49 dependent .............................. 46, 48 dependents .................................. 45 Detective ..................................... 28 direct deposit ............................... 70 disability ................................. 34, 39 disability insurance policy ............ 49 discipline ................................. 54, 70 discriminate ................................. 13 discrimination ......................... 13, 65 double indemnity ......................... 48 double time ................................. 17 drug ............................................. 62 drug and alcohol testing .............. 61 dues deduction .............................. 6 E early release ................................ 19 education and longevity............... 79 educational incentive ................... 38 election of remedies .................... 68 employment practices ................... 9 entire agreement ......................... 72 examination ............................ 12, 30 examinations ............................... 58 executive order ............................ 36 extra-duty employment ............... 49 F Fair Labor Standards Act ... 15, 16, 71 Fair Practices Policy ..................... 13 false arrest ................................... 49 Field Training .......................... 29, 51 FLSA ...................... 16, 22, 23, 50, 71 G graveyard ...................... 7, 18, 19, 21 grievance .................... 13, 65, 66, 68 Grievance Procedure ................... 65 grievance procedures .................. 13 grievance/issue ....................... 66, 67 Guild President ......................... 5, 66 Guild representative ........... 7, 14, 56 Guild Representative ................... 66 H hazardous duty ............................ 28 hazardous duty pay ...................... 31 Hazardous Duty Pay ..................... 28 Health Insurance .......................... 45 holidays ....................................... 35 hours of duty .................... 14, 21, 35 I Immunoassay (IA) ........................ 62 Independence Day ....................... 36 in-service training ............. 19, 23, 77 inspection of papers .................... 12 insurance plan ............................. 46 insurances .................................... 45 internal investigation .............. 12, 55 interpreters .................................. 30 investigation ..................... 52, 56, 58 Investigations Division ................. 25 issue ............................................. 26 Police Commissioned Contract 2021-2023 p.85 Issue............................................. 65 J July 4 ............................................ 36 K K-9 ............................................... 23 L L & I ........................................ 33, 34 Labor Day ..................................... 36 layoffs .......................................... 71 LEOFF II ............................. 33, 35, 49 lethal force ................................... 59 life insurance ............................... 48 light duty................................. 34, 35 light duty requirement ................. 35 longevity ................................. 44, 79 longevity allowances .................... 44 M management rights ...................... 64 medical premiums ....................... 32 Medical Review Officer ........... 62, 63 medical/dental ............................. 46 Memorial Day .............................. 36 military leave ............................... 41 misconduct .................................. 12 Misconduct .................................. 56 motorcycle officers ...................... 15 MRO............................................. 62 N new positions ............................... 25 New Positions .............................. 31 New Year’s Day ............................ 35 non-discrimination ....................... 13 non-supervisory employees ......... 15 non-supervisory regular employees 9 O OJI ........................................... 33, 35 on-the-job injury .......................... 33 overtime ... 16, 17, 18, 20, 23, 24, 31, 44, 50 overtime minimums ..................... 19 Overtime Minimums .................... 17 P pay days ....................................... 69 penalty .................................... 43, 59 pensions ...................................... 45 per diem ...................................... 23 performance of duty .................... 69 personal leave ......................... 34, 39 personal leave time ................ 39, 41 personnel files ............................. 12 Personnel Files ............................. 11 personnel files contents ............... 11 personnel reduction....................... 9 physical fitness ............................. 80 Physical Fitness ............................ 29 physical fitness test ...................... 29 picket ........................................... 69 plain clothes................................. 27 plan changes ................................ 48 Preamble ....................................... 5 premium ..................... 23, 30, 44, 77 Police Commissioned Contract 2021-2023 p.86 premium pay ............................... 28 premiums.......................... 25, 45, 46 prescription ................................. 46 probation ..................................... 13 probationary employees ................ 9 promotions .................................. 11 Q quartermaster system.................. 26 R Recognition and Bargaining Unit .... 5 REHBT ............................... 45, 46, 47 rehires ......................................... 10 REHP ....................................... 45, 48 reinstatement .............................. 10 Renton Employees’ Health Plan Board of Trustees...................... 48 Renton Employees’ Healthcare Board of Trustees................. 45, 47 Renton Employees’ Healthcare Plan ................................................. 45 retention of benefits ............... 69, 71 rules and regulations .............. 11, 70 Rules and Regulations .................. 54 S salaries ......................................... 24 Salary Schedule ............................ 75 savings clause .............................. 70 seniority ........................ 9, 14, 42, 70 Seniority ...................................... 15 sergeant .................................. 10, 25 shift assignments ......................... 14 sick leave .......................... 31, 32, 34 SOD .............................................. 15 Special Operations Division .......... 15 Special Weapons and Tactics .. 22, 28 SRO .............................................. 29 standby ........................................ 20 strike ....................................... 68, 69 supervisors................................... 10 supervisory employees ................ 10 suspect......................................... 57 SWAT ................................ 22, 28, 29 T Thanksgiving ................................ 36 third party administrator ............. 35 time and one-half ................... 17, 31 time off ......................... 7, 33, 41, 43 Traffic Assignment ....................... 28 training ....................... 17, 21, 22, 23 Training Officer ............................ 29 tuition .......................................... 37 tuition reimbursement ................. 37 U uniform cleaning .......................... 27 Union Membership and Dues Deduction ................................... 6 Union officials’ time off .................. 7 union security ................................ 6 V vacancies ..................................... 11 Police Commissioned Contract 2021-2023 p.87 vacation bids ................................ 41 Veteran’s Day .............................. 36 vision ........................................... 46 vote ............................................. 47 voting ........................................... 47 W witness......................................... 57 working out of classification ........ 31 working out of classification pay .... 7