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Home My WebLink About06-06-2011_Council Meeting Packet Arlington City Council June 6, 2011 – 7 PM City Council Chambers 110 E. Third SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required. CALL TO ORDER / PLEDGE OF ALLEGIANCE/ROLL CALL APPROVAL OF THE AGENDA INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS -Presentation to Kaitlyn Scott for Girl Scout Bronze Award PUBLIC COMMENT For members of the public to speak to the Council regarding matters NOT on the agenda. Please limit remarks to three minutes CONSENT AGENDA 1. Minutes of the May 16 & 23, 2011 meetings ATTACHMENT A 2. Accounts Payable PUBLIC HEARING UNFINISHED BUSINESS NEW BUSINESS 1. Authority to contract with Snohomish County for road striping ATTACHMENT B 2. Resolution to surplus equipment ATTACHMENT C 3. Ordinance adopting revisions to AMC Title 8 ATTACHMENT D 4. Ordinance to correct a typographical error in AMC 2.32.040 ATTACHMENT E 5. Collective Bargaining Agreement with the Arlington Police ATTACHMENT F Officers Association 6. Collective Bargaining Agreement with the IAFF Local No. 3728 ATTACHMENT G DISCUSSION ITEMS INFORMATION ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT COUNCIL MEMBER REPORTS – OPTIONAL EXECUTIVE SESSION -Discussion of pending or potential litigation [RCW 42.30.110(1)(i)] RECONVENE ADJOURNMENT DRAFT Page 1 of 3 Council Chambers 110 East Third May 16, 2011 City Council Members Present by Roll Call: Dick Butner, Sally Lien, Scott Solla, Marilyn Oertle, Chris Raezer, Linda Byrnes, and Steve Baker Council Members Absent: There were no Council members absent. City Staff Present: Mayor Larson, Allen Johnson, Kristin Banfield, Paul Ellis, Jim Chase, Police Chief Nelson Beazley, Fire Chief Bruce Stedman, Jim Kelly, Public Works Personnel Cristy Brubaker, Jeff Pitman, Katie Kelleher, Jay Downing, Linda Taylor, Reta Shepard, Kent Pruitt, Eric Scott, Larry Mills, Kris Wallace, and Abe Calderon, Jan Bauer, Steve Peiffle – City Attorney Also Known to be Present: Representative Kirk Pearson, Ken Klein, Neil Knutson, Mike Hopson, Walt Riebe, Megan Scott, and Kari Ilonummi Mayor Larson called the meeting to order at 7:00PM, and the pledge of allegiance to the flag followed. APPROVAL OF THE AGENDA Steve Baker moved to approve the Agenda. Sally Lien seconded the motion which passed with a unanimous vote. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Community Transit Update, Todd Morrow Mr. Morrow distributed Community Transit information, and with the use of an overhead presentation he spoke to transportation services provided, those who use transit services, the services that would be cut, and the need for additional funding due to a loss in revenue. At the conclusion of his presentation Mr. Morrow addressed Council questions and comments. National Public Works Week Recognition Public W orks Director Jim Kelly introduced employees present from the Public Works Department and spoke to some of the jobs that these folks do for the City. Each employee self introduced. Representative Kirk Pearson briefly addressed those in attendance in regard to several pieces of legislation. PUBLIC COMMENT Kari Ilonummi addressed ways in which to calm the current economic crisis in the United States. CONSENT AGENDA Steve Baker moved and Chris Raezer seconded the motion to approve the Consent Agenda which was unanimously carried to approve the following Consent Agenda items: 1. Minutes of the May 2 & 9, 2011 meetings 2. Accounts Payable Electronic Payments and Claims Checks #73395 through #73532 dated May 3, 2011 through May 16, 2011 in the amount of $650,180.80 3. National Public Works Week Proclamation 4. Proclamation for Arlington Relay for Life, June 4-5, 2011 Minutes of the Arlington City Council Meeting Minutes of the City of Arlington City Council Meeting DRAFT May 16, 2011 Page 2 of 3 Scott Solla spoke in support of, and gave information on, Arlington’s Relay for Life occurring on the first week in June. PUBLIC HEARING There was no Public Hearing. UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS Resolution to Surplus 1994 Ambulance and Sell to Fire District #24 Fire Chief Bruce Stedman gave accolades to the Public Works Department and then addressed the request to surplus a 1994 ambulance. Sally Lien moved to approve the proposed Resolution to surplus the 1994 Ford ambulance and sell it to Snohomish County Fire Department #24 (Darrington) for $1.00. Steve Baker seconded the motion which passed with a unanimous vote. Authorization to Accept the Pacific Mobile Proposal for the Utility Administration Office Building Special Projects Manager Paul Ellis, along with Public Works Director Jim Kelly, addressed the mobile building scheduled to be replaced, and they gave a brief description of the replacement building and how it would be funded. Mr. Ellis and Mr. Kelly then answered Council questions and concerns. Dick Butner moved to authorize the Mayor to sign a purchase contract with KCDA Purchasing for the procurement and installation of a modular office building from Pacific Mobile that will house the Public Works Utility Administration Department. Sally Lien seconded the motion which passed with a majority vote, with Steve Baker casting the vote in opposition. Authority to Bid Cemetery Office Remodel & Approve Water Rights Sale Jim Kelly described the present Cemetery Office building and spoke to the reasons for the need of a new building. Scott Solla moved to authorize staff to advertise for construction services to remodel the Cemetery Office building and approve the sale of 23 acre feet of Cemetery water rights to the Water Utility at a price of $2,000 per acre foot to finance the cemetery Office Remodel and other Cemetery capital expenditures. Marilyn Oertle seconded the motion which passed with a unanimous vote. Authority to Bid Washington/Lenore Prior to the meeting Mr. Kelly distributed information on next three issues that he would be addressing and with the use of a power point presentation Jim Kelly spoke of the need to replace the water line on Washington and Lenore Streets. Water line replacement would occur in tandem with area street paving. Dick Butner moved to authorize staff to advertise for construction of the Washington St. and Lenore St. Water Main Replacement Project. Sally Lien seconded the motion which passed with a unanimous vote. Authority to Bid Stillaguamish Avenue Paving Project Continuing the power point presentation, Mr. Kelly addressed the Stillaguamish Avenue Paving Project. He then answered Council questions. Scott Solla moved to authorize staff to advertise for construction of the Stillaguamish Avenue Paving Project. Marilyn Oertle seconded the motion which passed with a unanimous vote. Authority to Contract with Snohomish County for the Stillaguamish Avenue Cape Sea Using the power point presentation Mr. Kelly spoke to the request for aCape Seal pavement preservation. Minutes of the City of Arlington City Council Meeting DRAFT May 16, 2011 Page 3 of 3 Scott Solla moved to approve Resolution XXX authorization for the City to issue a Work Order to Snohomish County for installation of a Cape Seal on Stillaguamish Avenue between Maple and 1st Streets. Sally Lien seconded the motion which passed with a unanimous vote. Resolution to Reject All Slurry Seal Bids and Authorize Staff to Rebid Mr. Kelly asked that all bids be rejected and then reopened for new bids. City Attorney Steve Peiffle Scott Solla moved to approve the Resolution rejecting all bids received for the 2011 Slurry Seal project and authorize staff to rebid the project. Dick Butner seconded the motion which passed with a unanimous vote. Authority for the Mayor to Sign the Skagit Valley Humane Society Animal Shelter Contract Police Chief Nelson Beazley gave a brief history of the animal control issue and asked for Council approval of the Skagit Valley Shelter Contract. Sally Lien moved to authorize the Mayor to sign the Commercial Agreement with the Humane Society of Skagit Valley to provide for the care, detention and destruction of stray animals. Marilyn Oertle seconded the motion which passed with a unanimous vote. Authority for the Mayor to Sign the Renewal of the Snohomish Regional Drug Taskforce I Chief Beazley asked for support of this request. Sally Lien moved to authorize the Mayor to sign the Interlocal Agreement with the Snohomish Regional Drug and Gang Task Force. Dick Butner seconded the motion which passed with a unanimous vote. Resolution to Surplus Police Department Cars Chief Beazley asked for support of the surplus of two police vehicles no longer viable for fleet use. Sally Lien moved to approve the resolution to dispose of the two vehicles as surplus and deposit the proceeds into the equipment rental replacement fund for the future purchase of police department vehicles. Marilyn Oertle seconded the motion which passed with a unanimous vote. INFORMATION City Administrator Allen Johnson noted the new Yellow Pages format and noted that the AMC is nearly finished and ready for use. In Mr. Johnson’s upcoming absence, Assistant Administrator Kristin Banfield and Capital Projects Manager Paul Ellis will be in charge. MAYOR’S REPORT Mayor Larson reported on events she had recently attended. COUNCIL MEMBER REPORTS – OPTIONAL Dick Butner, Sally Lien, Scott Solla, Marilyn Oertle, Linda Byrnes, and Steve Baker gave brief reports while Chris Raezer had nothing to report at this time. GIS (Geographical Information System) Analyst Katy Kelleher gave a description of her job. EXECUTIVE SESSION City Attorney announced that there would not be the need for an Executive Session. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 8:29PM. ____________________________ Margaret Larson, Mayor DRAFT Page 1 of 2 Council Chambers 110 East Third Street May 23, 2011 Dick Butner Sally Lien, Scott Solla, Marilyn Oertle, Chris Raezer, Steve Baker, Mayor Larson, Allen Johnson, Kristin Banfield, Jim Chase, David Kuhl, Bill Blake, Vic Ericson, Paul Ellis, Jan Bauer, Steve Peiffle – City Attorney Council Members Absent: Linda Byrnes Also Known to be Present: Bruce Angell – Planning Commission Chair, Neil Knutson, Mike Hopson, Ken Klein, Jim Rankin – Retired Fire Chief, and Deborah Nelson - DABA President Mayor Larson called the meeting to order at 7:00PM and the pledge of allegiance to the flag followed. Steve Baker moved to approve the Agenda, and Sally Lien seconded the motion, which passed with a unanimous vote approving the Workshop Agenda. WORKSHOP ITEMS ~ NO FINAL ACTION WAS TAKEN Riverfront Planning With the use of a power point presentation Natural Resources Manager Bill Blake presented a package of maps on the subject of Riverfront Master Planning that could be shared with partners in area development featuring where we are today, proximity to the water system, and other pertinent information. Community Development Director David Kuhl also joined in the presentation and gave further information at the conclusion of the presentation. Discussion followed. Planning Commission Chair Bruce Angell addressed the Council had questions about the plan process for development, encouraging the inclusion of stakeholders in that process. Revisions to AMC Title 8 – Animals Assistant City Administrator Kristin Banfield addressed the Code updates. She reviewed the changes that had been made. Throughout the presentation Ms. Banfield addressed Council questions, and a lengthy discussion and clarification followed regarding dogs, chickens and bees. Revision to AMC Section 2.32 to Correct a Typographical Error Ms. Banfield noted one typographical error and its correction. SR 530/Smokey Point Boulevard Signage Ms. Banfield located the sign in question on information she distributed prior to the meeting, and then shared the four suggested sign options, noting that the Downtown Arlington Business Association preferred option 2, the historic downtown Arlington. A lengthy discussion followed. Minutes of the Arlington City Council Workshop Minutes of the City of Arlington City Council Meeting DRAFT May 24, 2011 Page 2 of 2 Economic Development Update Special Projects Manager Paul Ellis, David Kuhl and Economic Development Manager Vic Ericson distributed the Economic Development Update – First Quarter 2011 each giving an update of new businesses that have been established since the first of the year or that are in the making, also new construction, events, and economic activities planned for the future. 2011 Goals Status Report - Handout With the use of a power point presentation Kristin Banfield gave an update on each of the 2011 City Council goals, as of May 23, 2011. Miscellaneous Council Items The Council Retreat date is scheduled to take place on June 24 in the early evening. ADJOURNMENT The meeting was adjourned at 8:25PM. ____________________________ Margaret Larson, Mayor City of Arlington Council Agenda Bill AGENDA ITEM: New Business #1 ATTACHMENT B COUNCIL MEETING DATE: June 6, 2011 SUBJECT: Authority to Contract with Snohomish County for City road striping 2011 DEPARTMENT OF ORIGIN: Public Works – Jim Kelly ATTACHMENTS: • Proposal from Snohomish County EXPENDITURES REQUESTED: $ 47,000 (approx estimate) BUDGET CATEGORY: Streets Fund 101 – a 2011 budgeted line item LEGAL REVIEW: City Attorney will provide a final review of the Snohomish County work order DESCRIPTION: Request authorization for the City to issue a Work Order to Snohomish County for completing road striping on various City streets for 2011. HISTORY: The City is responsible for striping all of the roads in Arlington; this is a big task to complete with a limited annual budget. As such, the City tries to utilize the most cost effective approach to ensure all scheduled striping is completed on time and at the best price. Staff solicited quotes for striping from qualified contractors on the small works roster. Staff also contacted Snohomish County who not only came in with the lowest price but will also provide a better product. However, the proposed amount exceeds the $10,000 limit for the existing Inter-local Agreement between the City and Snohomish County. This Council Agenda Bill requests authorization to exceed the existing Inter-local agreement amount and contract with Snohomish County for road striping. ALTERNATIVES: Do not authorize the City to contract with Snohomish County – remand to staff for further review. RECOMMENDED ACTION: Motion to approve the City to issue a Work Order to Snohomish County for the 2011 scheduled City road striping. RESOLUTION NO. XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON , WHEREAS, the City of Arlington is obligated to follow competitive bidding statutes as defined by state law; and WHEREAS, RCW 35.77.020 authorizes a City to contract directly with Snohomish County for repair and maintenance of city streets, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: 1. Findings. The City Council finds as follows: A. The City of Arlington needs to perform necessary striping, secondary striping, and thermoplastics on designated City streets for 2011. B. The City of Arlington and Snohomish County entered into a Mutual Aid Agreement for Street Projects and Municipal Services in June 1998. C. Snohomish County Department of Public Works can perform the necessary striping, secondary striping, and thermoplastics per specifications, schedule, and cost acceptable to the City. 2. Declaration. Pursuant to the authorization provided by RCW 35.77.020 and RCW 47.24.050 and based upon the preceding findings of fact, the City Council of the City of Arlington hereby authorizes the contracting with Snohomish County for the performance necessary striping, secondary striping, and thermoplastics on designated City streets for 2011. APPROVED by the Mayor and City Council of the City of Arlington this ____ day of _____________________, 2011. CITY OF ARLINGTON ____________________________________ Margaret Larson, Mayor RESOLUTION NO. XXX 2 ATTEST: _________________________________ Kristin Banfield, City Clerk PPROVED AS TO FORM: __________________________________ Steven J. Peiffle, City Attorney City of Arlington Council Agenda Bill AGENDA ITEM: New Business #3 ATTACHMENT C COUNCIL MEETING DATE: May 9, 2011 SUBJECT: Approval of a proposed Resolution to surplus vehicles and equipment from Public Works DEPARTMENT OF ORIGIN: Public Works / Executive Contact: Jim Kelly, 360-403-3505 Kristin Banfield, 360-403-3444 ATTACHMENTS: - Proposed Resolution to authorize staff to surplus certain Public Works vehicles & equipment EXPENDITURES REQUESTED: None BUDGET CATEGORY: None LEGAL REVIEW: City Attorney reviewed the proposed resolution DESCRIPTION: Public Works M&O staff has been assessing their current equipment to determine if some equipment could be repurposed or declared surplus. This evaluation is now complete and staff requests that the attached resolution and list of vehicles and equipment be approved so the equipment can be made surplus. ALTERNATIVES: Do not approve the proposed resolution. RECOMMENDED MOTION: I move that Council approve the proposed resolution to surplus vehicles and equipment. RESOLUTION NO. 2011-xxx RESOLUTION NO. 2011-xxx A RESOLUTION OF THE CITY OF ARLINGTON DECLARING CERTAIN PROPERTY AS SURPLUS AND AUTHORIZING ITS SALE WHEREAS, the City has purchased the equipment listed on the attached Exhibit “A”; and WHEREAS, the equipment identified on Exhibit “A” is surplus to the needs of the City; and NOW, THEREFORE, the City of Arlington, acting by and through its City Council, does hereby resolve as follows: 1. The equipment/property described on the attached Exhibit “A” is declared surplus to the needs of the City. 2. Staff is instructed to sell all items for the best available price or properly dispose of items that it is unable to sell. Passed by the City Council of the City of Arlington at a regular meeting on the ____ day of ________________, 2011. ________________________________ Margaret Larson, Mayor ATTEST: ___________________________ Kristin Banfield, City Clerk APPROVED AS TO FORM: ___________________________ Steven J. Peiffle, City Attorney Exhibit A Tag / Asset Number Make / Model Description 02451 Toro Model #M20036 S/N 220010843 Mower 02067 John Deere JS63 S/N GXJ563X025624 Mower 02295 Kubota B7300 S/N 13301 Mower 02538 Toro Model #455 S/N 210000321 Mower 02297 John Deere JX85 S/N GXJX85X031716 Mower 02539 John Deere JX75 S/N GXJX75X130151 Mower A18 1994 Ford Aerostar VIN #: 1FMCA11UXRZA09939 Passenger van (maroon) S-74 - 1988 Stanley HP-1 Hydraulic Power Unit (Orange) Serial# HP18202 Jackhammer C-70 1982 Mazda B2200 VIN# JM2UD2218C0506571 Diesel Pickup (White) 1977 Layton VIN# 88031- B-7 Tow Paver (Green) A-78 1977 Ford Tractor and Loader Attachment (Yellow) VIN# C527927 Tractor & Loader Attachment (Yellow) City of Arlington Council Agenda Bill AGENDA ITEM: New Business #3 ATTACHMENT D COUNCIL MEETING DATE: June 6, 2011 SUBJECT: Ordinance amending, repealing, and adding sections to AMC Title 8 regarding Animals DEPARTMENT OF ORIGIN: Executive Contact: Kristin Banfield, 360-403-3444 ATTACHMENTS: - Ordinance amending, repealing, and adding sections to AMC Title 8 regarding Animals EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: LEGAL REVIEW: City Attorney and Prosecuting Attorney review is complete DESCRIPTION: City Council amended AMC Title 8 in 2010 as part of the Municipal Code update project. The City’s Prosecutor has requested staff make additional amendments to AMC Chapter 8.10 to make the chapter enforceable. Staff is also recommending additional changes to Title 8 to further clarify definitions and align with the RCWs. Additional changes to AMC Chapter 8.17 regarding chickens will be reviewed by the Council separately. HISTORY: The City has been updating the Arlington Municipal Code over the course of the past 18 months. The AMC is now available in a searchable format on the City’s website. The newly recodified. ALTERNATIVES: Remand to staff for further revision. Council is requested to provide specific guidance should further revision be requested. RECOMMENDED MOTION: I move that Council adopt the proposed Ordinance amending, repealing, and adding sections to AMC Title 8 regarding Animals. ORDINANCE NO. 2011-xxx 1 ORDINANCE NO. 2011-xxx AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING, REPEALING, AND ADDING CERTAIN SECTIONS TO TITLE 8 OF THE ARLINGTON MUNICIPAL CODE RELATING TO ANIMALS WHEREAS, the City of Arlington, Washington has the authority to adopt ordinances for the general welfare of its citizens; and WHEREAS, certain provisions of the Arlington Municipal Code are outdated and require revision; and WHEREAS, the City Council of the City of Arlington adopted some revisions to Arlington Municipal Code Title 8 in February 2010; and WHEREAS, the City Council of the City of Arlington has requested further revisions to Arlington Municipal Code Title 8; NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby ordain as follows: Section 1. Arlington Municipal Code section 8.05.030 is amended to read as follows: 8.05.030 Definitions. As used in this chapter, unless the context clearly indicates otherwise, words in the present tense include the future; the singular includes the plural; plural usage includes the singular; "shall" means mandatory, not directory; the masculine gender includes the feminine; and certain words and phrases are defined as follows: "Abatement" means the termination of any violation of this title by lawful and reasonable means, in order that a person or persons presumed to be the owner of an animal comply with this title. "Abandon" means the act of leaving an animal without food, water or necessary medical care for twenty-four hours or more; or any situation where the conditions present an immediate, direct and serious threat to the life, safety or health of the animal. “Adult dog or cat” means any dog or cat six months of age or older. "Allow" means to permit by neglecting or failing to restrain or prevent. "Animal" shall have its customary common meaning and shall include any member of the classes: reptile, amphibian, bird or mammal, except human. "Animal control authority" means any person or entity or any individual under the direct ORDINANCE NO. 2011-xxx 2 supervision and control of the chief of Arlington police department, or any person employed, contracted with, or appointed by the chief of the Arlington police department as the animal control authority, whether acting alone or in concert with the police department, for enforcement of the city and state animal control laws as they pertain to the shelter and welfare of animals. "Animal shelter" means any facility operated by an organization or government agency with whom the city has a contractual relationship with for the purpose of impound, care or destruction of animals. "At large" means when an animal is outside the premises of the owner and not under the physical control of the owner or other person designated by the owner. "Damage to property" means, for the exclusive purpose of this chapter, the actual cost of materials and/or the labor actually paid to persons to make repairs to restore the property to its original condition, if the same exceeds one hundred dollars. "Dangerous animal" or "dangerous dog" means any dog that according to the records of the appropriate authority: (1) Has inflicted severe injury including transmission of an infectious or contagious disease on a human being without provocation on public or private property; (2) Has killed a domestic animal without provocation while off the owner's property; or (3) Has been previously found to be potentially dangerous, the owner having received notice of such, and the animal having again bitten, attacked, or endangered the safety of humans or domestic animals. Excluded from this definition is a dog investigated as potentially dangerous when the threat, injury, or damage is determined to have been sustained by a person who committed a willful trespass on the owner's property; tormented, abused or assaulted the dog or has done so in the past; or committed or attempted to commit a crime. "Dog" means any member of one or more species of the genus Canis. "Domestic animal" means any animal that is usually tamed and bred for the uses of humans, including dogs, cats, rabbits, horses, mules, cattle, lambs and sheep. "Enclosure" means a physical structure that prevents the animal from coming into contact with humans, preventing the entry by young children, preventing escape and prevents the spread of a communicable disease. The enclosure shall have four sides and a top and protect the animal from the elements. "Exotic, wild or dangerous animal" means any member of the animal kingdom which is not commonly domesticated or which is not common to North America, or which, irrespective of geographic origin, is of a wild or predatory nature, or any domesticated animal which, because of its size, vicious nature or other similar characteristics would constitute a danger to human life or property if not kept, maintained or confined in a safe and secure manner. ORDINANCE NO. 2011-xxx 3 Incorporated by reference here are the state game department regulations, principally the following: WAC 232-12-015, 232-12-030, 232-12-040, 232-12-050 and 232-12-060. "Fowl" means all feathered birds, including all birds kept domestically and all fowl normally raised for meat or eggs, and includes, but is not limited to, chicken, turkeys, ducks, roosters, carrier pigeons, homing pigeons, racing pigeons and geese. This definition excludes birds kept as household pets, including but not limited to parrots and canaries. "Grooming parlor" means an establishment that does not keep animals overnight or during any time when the business is closed; rather animals are kept only for a reasonable time in order to perform the business of grooming and only during normal business hours. "Guard or attack dog" means any dog, except those dogs owned or used by a government agency for law enforcement purposes, which has been trained and is used for purposes of protection of persons or property by exhibiting hostile or aggressive propensities, or which will attack on signal or command. "Harboring" means to provide a place or any premises on which an animal customarily remains, or to which it customarily returns daily for food and care for a period of ten days. The owner of such a place or premises is presumed to be harboring or keeping the animal within the meaning of this chapter. "Kennel" means: (1) A commercial business operation that provides food and shelter for the purpose other than medical care or engages in the commercial breeding of animals, but not including licensed veterinary hospitals or clinic, pet shops or grooming parlors; (2) Keeping of more than three adult dogs, more than three adult cats or any combination of cats and dogs where the total exceeds seven, exclusive of fish, insects or birds as household pets; (3) Keeping two or more litters of juvenile animals; (4) The keeping of animals for a commercial purpose which includes making a profit from the products of the animal, rearing, breeding, sale or lease of an animal; (5) Any confined outdoor place where the keeping of animals has destroyed the vegetative cover and material infiltration capacity of the soil or caused an adverse impact upon the water quality within the watershed; or (6) Commercial advertising is used on the premises and pertains to the animal on the premises. "Livestock" means animals usually found on farms, including but not limited to horses, mules, bovine animals, sheep, goats, llamas, ostriches and swine. Except, livestock shall not mean miniature pot-bellied pigs as defined in this section. "Miniature pot-bellied pig" means a type of swine commonly known as the North American ORDINANCE NO. 2011-xxx 4 Vietnamese, Chinese, or Asian pot-bellied pig (Sus scrofa vittatus) that is no more than twenty-two inches in height at the should and no more than one hundred fifty pounds in weight and is an in-house pet. "Nuisance" means any act or situation by an animal that is injurious to the health, safety or welfare of the public. This specially includes, but not limited to: (1) Being vicious or by its action potentially vicious; (2) Chasing or harassing any person; (3) Chasing a vehicle; (4) Damaging property that is not the animal's owners, excluding shared fences; (5) Attacking other domestic animals; (6) Excreting on the private property other than the animal's owner; (7) Biting or attacking a person; (8) Having a communicable disease; or (9) Injuring or killing a wild animal that is not posing a threat to persons or property. "Owner" or "keeper" means any person or legal entity having a possessory interest in an animal or who harbors, cares for, exercises control over, or knowingly permits any animal to remain on premises occupied by him. Any actions exercisable against an owner in this chapter shall also be exercisable against a keeper. This includes the financial responsibility to care for an animal including, providing food, shelter, and medical care and paying fees for confinement and impounding. "Person" means any individual, corporation, association or any other legal entity, a partnership, and any other unincorporated association. "Pet shop" is any licensed establishment or premises maintained for the purchase, sale, or exchange of pets of any type. "Physical control" means the use of a leash, cord, chain, or other device that is no longer than eight feet long. However, for training purposes, these may be up to twenty feet long. "Police dog" means a dog employed by a law enforcement agency that is specially trained for law enforcement work and under the control of a police dog handler. "Potentially dangerous animal" or "potentially dangerous dog" means any animal or dog that when unprovoked: (1) Inflicts bites on a human or domestic animal either on public or private property; or (2) Chases or approaches a person upon the streets, sidewalks, or any public grounds ORDINANCE NO. 2011-xxx 5 in a menacing fashion or apparent attitude of attack. Police dogs in the line of duty and guard dogs that are protecting property are excluded from this definition. "Potentially dangerous wild animal" means one of the following types of animals, whether bred in the wild or in captivity, and any or all hybrids thereof: (1) Class mammalian a. Order carnivore i. Family felidae, only lions, tigers, captive-bred cougars, jaguars, cheetahs, leopards, snow leopards, and clouded leopards; ii. Family canidae, wolves, excluding wolf-hybrids; iii. Family ursidae, all bears; iv. Family hyaenidae, such as hyenas; b. Order perissodactyla, only rhinoceroses; c. Order primates, all nonhuman primate species; d. Order proboscidae, all elephant species; (2) Class reptilian a. Order squamata i. Family atractaspidae, all species; ii. Family colubridae, only dispholidus typus; iii. Family elapidae, all species, such as cobras, mambas, kraits, coral snakes, and Australian tiger snakes; iv. Family hydrophiidae, all species, such as sea snakes; v. Family varanidae, only water monitors and crocodile monitors; vi. Family viperidae, all species, such as rattlesnakes, cottonmouths, bushmasters, puff adders, and gaboon vipers; b. Order crocodilian, all species, such as crocodiles, alligators, caimans, and gavials. "Premises" means all the real property under one ownership inside the inner line of a sidewalk or, if there is no sidewalk, inside of the curb, ditch, or shoulder marking the edge of the used public right-of-way. "Premises" also means the inside of a closed motor vehicle. "Service animal" means an animal that is trained for the purposes of assisting or accommodating a disabled person's sensory, mental or physical disability. ORDINANCE NO. 2011-xxx 6 "Severe injury" means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery. "Wild animal" means any animal living in its natural state and native to the United States and not normally domesticated, raised, or bred by humans. Section 2. Arlington Municipal Code section 8.05.040 is hereby added to read as follows: 8.05.040 – Financial Responsibility of animal owner. The owner of any animal confiscated or impounded under Title 8 AMC shall pay the assessed penalties and all fees and costs associated with apprehension, transportation, and impoundment specified in AMC 8.13.050, and any veterinary costs incurred as a result of the confiscation or impoundment whether or not the animal is redeemed. Relinquishment of the animal by its owner does not constitute a waiver of the fees or costs incurred under this section or fines otherwise imposed. The city may collect the penalties, fees, and expenses by use of appropriate legal remedies. Section 3. Arlington Municipal Code section 8.09.130 is hereby added to read as follows: 8.09.130 – Penalties – Infraction unless otherwise designated. Unless otherwise set forth in this chapter, a violation of any provision of this chapter shall constitute a Class I civil infraction pursuant to Chapter 7.80 RCW. Issuance and disposition of infractions issued for violations of this chapter shall be in accordance with Chapter 7.80 RCW. The penalty for violation of this chapter shall be $100.00. The penalty for a second or subsequent offense in violation of the provision of this chapter within two years shall be $250.00. Section 4. Arlington Municipal Code section 8.09.200 is hereby repealed in its entirety. Section 5. Arlington Municipal Code section 8.10.030 is amended to read as follows: 8.10.030 - Number of dogs and cats permitted. No person shall keep more than three adult dogs, more than three adult cats, or any combination of cats and dogs where the total exceeds seven on any premises in the city except as described in commercial animal kennel regulations. Section 6. Arlington Municipal Code section 8.10.040 is amended to read as follows: 8.10.040 - Potentially dangerous dog. (a) Declaration. Upon declaration by the animal control authority that a dog is a potentially dangerous dog as defined in AMC 8.05.030, the owner shall be served with a ORDINANCE NO. 2011-xxx 7 potentially dangerous dog declaration. (b) Declaration – Final Determination Unless Appealed. The service of a potentially dangerous dog declaration shall, unless timely appealed, be a final determination that the dog is a potentially dangerous dog. (c) Notice – Service. Service of the potentially dangerous dog declaration upon the owner of the animal may be made either by personal service to the owner, by posting such notice at the residence of the owner or by certified mail to the last known address of the owner. (d) Appeal. An appeal of a potentially dangerous dog declaration must be served upon the city of Arlington police chief within five days of service of the potentially dangerous dog declaration. Appeals shall be heard by the judge of the Marysville municipal court and conducted in accordance with AMC 8.10.140. Section 7. Arlington Municipal Code section 8.10.045 is hereby added to read as follows: 8.10.045 - Dangerous dog. (a) Declaration. Upon declaration by the animal control authority that a dog is a dangerous dog as defined in AMC 8.05.030, the owner shall be served with a dangerous dog declaration. (b) Declaration – Final Determination Unless Appealed. The service of a dangerous dog declaration shall, unless timely appealed, be a final determination that the dog is a dangerous dog. (c) Notice – Contents of Dangerous Dog Declaration. A dangerous dog declaration shall contain: 1. The name and address, if known, of the owner of the animal; 2. The license number, if available, and description of the animal or dog; 3. A statement that the animal control authority has found the animal to be a dangerous dog as defined in AMC 8.05.030 and a concise description explaining why the declaration has been made; 4. A statement that service of the dangerous dog declaration is a final determination unless appealed and that an appeal must be filed within five days of service of the dangerous dog. 5. A copy of AMC 8.10.140 Regarding appeal procedures. 6. A copy of AMC 8.10.150 Regarding disposition of seized and removed animals. (d) Notice - Service. Service of the dangerous dog declaration upon the owner of the animal may be made either by personal service to the owner, by posting such notice at the residence of the owner or by certified mail to the last known address of the owner. ORDINANCE NO. 2011-xxx 8 (e) Appeal. An appeal of a dangerous dog declaration must be served upon the city of Arlington police chief within five days of service of the potentially dangerous dog declaration. Appeals shall be heard by the judge of the Marysville municipal court and conducted in accordance with AMC 8.10.140. (f) License prohibited. Dogs that are determined to be dangerous by any competent jurisdiction are prohibited within the city limits of the City of Arlington and licensing these animals is prohibited. (g) Requirements for Dangerous Dogs. Strict compliance with each of the following conditions is required if a dog is declared dangerous. An owner of a dangerous dog shall have fifteen (15) days to comply with the requirements contained in this chapter unless otherwise ordered by the court after appeal. (h) Options of an owner of a dangerous dog living in the City limits 1. Dangerous dogs are prohibited from residing within City limits. If a dangerous dog is sold, given away, or moved to another location, the owner shall provide the name, address, and telephone number of the new owner, or the address and telephone number of the new location if retained by the same owner, to the animal control agency within fifteen (15) days of the declaration being served or otherwise ordered by the court. Compliance with RCW 16.08, as well as any applicable city code, shall be required of any dangerous dog owner. Upon notice that the dangerous dog is being relocated, the animal control agency shall notify the new jurisdiction of the dangerous dog’s relocation. 2. The owner may choose to surrender the dangerous dog to the Arlington Police Department by signature on an Animal Surrender Agreement, stating that upon surrender they relinquish the right to obtain any information about this animal, forfeit all claims of this animal, and will, in no way, hold the Arlington Police Department responsible for the final disposition of the animal. (i) Failure to Comply with Dangerous Dog Requirements. Any dangerous dog shall be seized and removed by the animal control authority if within fifteen (15) days of service of the order or unless otherwise ordered by the court: 1. The owner has not surrendered the dog to the City; or 2. The owner has not provided animal control with proof and compliance documentation that the dog was sold, given away, or moved to another location; or 3. The owner has failed to comply with any other provision in subsection (h). (j) Penalty. Failing to comply with any dangerous dog requirement is a gross misdemeanor. A dangerous dog seized and removed in violation of dangerous dog requirements shall not be released during investigation of, or prosecution for, failure to comply with dangerous dog requirements. Any person convicted of failing to comply with dangerous dog requirements shall make restitution to the city of Arlington for all costs incurred in boarding and disposition of such dog and shall forfeit any interest in such dog. ORDINANCE NO. 2011-xxx 9 (k) The provisions of this section shall not apply to dogs used by law enforcement officials for police work. Section 8. Arlington Municipal Code section 8.10.140 is hereby added to read as follows: 8.10.140 - Appeal. (a) Filing. A notice of appeal, substantially in the form prescribed, shall be filed with the Marysville Municipal Court and the chief of police not more than five business days after service of the order to abate a nuisance, potentially dangerous dog declaration, or dangerous dog declaration. Failure to timely file a notice of appeal shall constitute a waiver of the right to appeal the determination of the order to abate a nuisance, potentially dangerous dog declaration, or dangerous dog declaration. (b) Form. An appeal pursuant to this chapter shall be written and shall conform substantially to the following requirements: 1. A caption reading: “Appeal of ____,” giving the names of all appellants participating in the appeal; 2. A brief statement setting forth the legal interest of each of the appellants involved in the notice and order; 3. A brief statement in concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant; 4. A brief statement in concise language of the relief sought, and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside; 5. Signatures of all parties named as appellants, and their official mailing addresses; and 6. Certification (by signature of the appellant) that the appellant has read the appeal, and that to the best of the appellant’s knowledge, information, and belief, the appeal is well grounded in fact. (c) Scheduling of Hearing. Upon receipt of a timely filed notice of appeal, a hearing shall be scheduled not more than 60 days from the date of the filing of the notice of appeal. Written notice of the date of the hearing shall be sent to the appellant and respondent at least 10 days prior to the scheduled hearing date. The failure of the appellant to appear at the hearing shall result in a denial of the appeal and upholding of the order to abate a nuisance, potentially dangerous dog declaration, or declaration of dangerous dog. ORDINANCE NO. 2011-xxx 10 (d) Enforcement Stayed During Pendency of Appeal. Unless otherwise determined by the judge of the Marysville municipal court, enforcement of the order to abate a nuisance or declaration of dangerous dog shall be stayed during the pendency of the appeal. However, if a dog is declared dangerous and impounded by animal control, the court may require the continued impoundment of the dog during the pendency of the appeal, or set conditions for the dogs release. If the appeal is denied, the owner shall be liable for all costs incurred by the City for the impound. (e) Presentation of Evidence. At the appeal hearing, the judge shall take evidence relevant to the order to abate a nuisance, potentially dangerous dog declaration, or dangerous dog declaration. Testimony may be provided in the form of a signed written statement pursuant to RCW 9A.72.085. (f) Decision of the Court. The judge of the Marysville municipal court may uphold, dismiss, or modify the order to abate a nuisance, potentially dangerous dog declaration, or declaration of dangerous dog. A written order shall be prepared and signed by the judge. The decision of the judge of the Marysville municipal court shall be a final administrative decision appealable to the Snohomish County superior court within 30 days of the final written order. Section 9. Arlington Municipal Code section 8.10.150 is hereby added to read as follows: 8.10.150 - Disposition of seized and removed animals – Bond requirements. Any owner whose domestic animal is seized and removed pursuant to AMC 8.21.010 (Humane Care); 8.21.020 (Animal cruelty), AMC 8.10.040 (Potentially Dangerous) or AMC 8.10.045 (Dangerous dogs) shall, upon a finding of probable cause by the Marysville municipal court, be required to post a bond or security within five (5) days of such probable cause finding in an amount sufficient to provide for the animal’s care for a minimum of sixty (60) days from the seizure date. Failure to post such bond or security shall authorize the city of Arlington or its agent to euthanize the animal or find a responsible person to adopt the animal. The city of Arlington may euthanize severely injured, diseased, or suffering animals at any time. Section 10. Arlington Municipal Code section 8.10.160 is hereby added to read as follows: 8.10.160 Impound procedures. (a) Authority. The animal control authority and its authorized representatives are authorized to apprehend and impound any animals in violation of this chapter. If in the judgment of any licensed veterinarian an impounded animal is in need of immediate medical attention, such medical procedures shall take place and the cost of such procedure(s) shall be at the sole expense of the owner. ORDINANCE NO. 2011-xxx 11 (b) Notice of Impound. When any licensed animal is impounded, the officer or department impounding such animal shall notify the owner of the impoundment and the reason therefore by mail, telephone or by leaving written notice at the address contained in the license application. It shall be the owner’s responsibility to take such measures for redeeming such animal. Neither the city nor any officer or agent of the city shall be legally or financially responsible for failing to notify an animal owner under this chapter. Should an unlicensed animal be impounded, animal control shall take reasonable attempts to notify the owner of the impoundment and the reason therefore by mail, telephone or by leaving written notice at the address where the animal was impounded. (c) Redemption of Animals by Owner. Unless otherwise provided in this chapter, the owner of an impounded animal may redeem the animal at any time prior to the release for adoption or disposal by the city and shall be entitled to the possession thereof upon payment of all legal charges and expenses incidental to impound and keeping of said animal. To redeem an unlicensed animal the owner shall provide proof of ownership and license the animal prior to redemption. (d) Adoption of Impounded Animals. If an impounded animal is known to belong to someone who has been unable to claim the animal within 72 hours the animal control authority may, at its discretion, extend the impound period for up to 10 days prior to release of the animal for adoption. (e) Disposition. Any animal not redeemed or adopted may be destroyed or otherwise disposed of by the animal control authority. The mayor is authorized to enter into contracts for disposal with appropriate agencies, not including vivisectionists. (f) Disposal of Certain Animals. It is lawful for any police officer or animal control officer to kill any dangerous or vicious dog or other animal found at large which cannot, in their judgment, be safely taken up and impounded. (g) Impounding Sick or Injured Animals. When in the judgment of a licensed veterinarian or the animal control authority, an animal should be destroyed for humane reasons; such animal may not be redeemed. The animal control authority or its agents shall not be held liable for the destruction of said animal. (h) Hindrance to Impounding. No person shall willfully: 1. Prevent or hinder the impounding of any animal found in violation of this chapter; 2. Remove the animal from the designated shelter without the authority of the chief of police, the animal control authority or the officer in charge of the designated shelter; ORDINANCE NO. 2011-xxx 12 3. Remove the animal from the designated shelter without paying all lawful charges against the animal; or 4. Resist or obstruct the animal control authority or its officers in the performance of its duties. Section 11. Arlington Municipal Code section 8.10.170 is hereby added to read as follows: 8.10.170 Penalties – Infraction unless otherwise designated. Unless otherwise set forth in this chapter, a violation of any provision of this chapter shall constitute a Class I civil infraction pursuant to Chapter 7.80 RCW. Issuance and disposition of infractions issued for violations of this chapter shall be in accordance with Chapter 7.80 RCW. The penalty for violation of a provision of this chapter shall be $100.00. The penalty for a second or subsequent offense in violation of the provision of this chapter within two years shall be $250.00. Section 12. Arlington Municipal Code section 8.10.200 is hereby repealed in its entirety. Section 13. Arlington Municipal Code section 8.13.070 is amended to read as follows: 8.13.070 - Chasing vehicles or cyclists. It is unlawful for an owner of a dog to fail to prevent the dog from chasing or jumping on or at moving vehicles or cyclists lawfully using any public rights-of-way or public properties. Any such dog is declared to be a nuisance and may be immediately seized and impounded. The owner of said dog shall be subject to the penalty provided for in AMC Section 8.13.100. Section 14. Arlington Municipal Code section 8.13.080 is amended to read as follows: 8.13.080 - Threat to pedestrians or cyclists. It is unlawful for an owner of a dog to fail to prevent the dog from snarling, growling, snapping at, or threatening any passersby or other domestic animals lawfully upon any public rights-of-way or public properties. Any such dog is declared to be a nuisance and may be immediately seized and impounded. The owner of said dog shall be subject to the penalty provided for in Section 8.13.100 of this chapter. Section 15. Arlington Municipal Code section 8.13.100 is hereby added to read as follows: 8.13.100 Penalties – Infraction unless otherwise designated. Unless otherwise set forth in this chapter, a violation of any provision of this chapter shall constitute a Class I civil infraction pursuant to Chapter 7.80 RCW. Issuance and disposition of infractions issued for violations of this chapter shall be in accordance with Chapter 7.80 ORDINANCE NO. 2011-xxx 13 RCW. The penalty for violation of a provision of this chapter shall be $100.00. The penalty for a second or subsequent offense in violation of the provision of this chapter within two years shall be $250.00. Section 16. Arlington Municipal Code section 8.13.200 is hereby repealed in its entirety. Section 17. Arlington Municipal Code section 8.17.020 is amended to read as follows: 8.17.020 - Potentially dangerous wild animals—Prohibited. (a) A person shall not own, possess, keep, harbor, or have custody or control of a potentially dangerous wild animal, except as provided in subsection (c) of this section. (b) A person shall not breed a potentially dangerous wild animal. (c) A person in legal possession of a potentially dangerous wild animal prior to July 22, 2007, and who is the legal possessor of the animal may keep possession of the animal for the remainder of the animal's life. The person must maintain veterinary records, acquisition papers for the animal, if available, or other documents or records that establish that the person possessed the animal prior to July 22, 2007, and present the paperwork to an animal control or law enforcement authority upon request. The person shall have the burden of proving that he or she possessed the animal prior to July 22, 2007. Section 18. Arlington Municipal Code section 8.17.100 is hereby added to read as follows: 8.17.100 Penalties – Infraction unless otherwise designated. Unless otherwise set forth in this chapter, a violation of any provision of this chapter shall constitute a Class I civil infraction pursuant to Chapter 7.80 RCW. Issuance and disposition of infractions issued for violations of this chapter shall be in accordance with Chapter 7.80 RCW. The penalty for violation of a provision of this chapter shall be $100.00. The penalty for a second or subsequent offense in violation of the provision of this chapter within two years shall be $250.00. Section 19. Arlington Municipal Code section 8.17.200 is hereby repealed in its entirety. Section 20. Severability. If any such provision, section, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 21. Effective Date. A summary of this Ordinance consisting of its title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication. ORDINANCE NO. 2011-xxx 14 PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this ______ day of _____________________, 2011. CITY OF ARLINGTON ____________________________________ Margaret Larson, Mayor ATTEST: ___________________________________ Kristin Banfield, City Clerk APPROVED AS TO FORM: ___________________________________ Steven J. Peiffle, City Attorney City of Arlington Council Agenda Bill AGENDA ITEM: New Business #4 ATTACHMENT E COUNCIL MEETING DATE: June 6, 2011 SUBJECT: Revision to AMC Section 2.32.040 to correct a typographical error DEPARTMENT OF ORIGIN: Executive Contact: Kristin Banfield, 360-403-3444 ATTACHMENTS: - AMC Chapter 2.32 - Proposed Ordinance to amend AMC Section 2.32.040 to correct a typographical error EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: LEGAL REVIEW: City Attorney has completed his review. DESCRIPTION: City Council amended AMC Title 2 in 2010 as part of the Municipal Code update project. Recently, a typographical error was brought to our attention in AMC Section 2.32.040. Since the Council adopted amendments to this section more than 1 year ago, it is recommended that the Council adopt an ordinance that corrects this typographical error. HISTORY: The City has been updating the Arlington Municipal Code over the course of the past 18 months. The AMC is now available in a searchable format on the City’s website. The newly recodified AMC will be featured on the website in the coming weeks. ALTERNATIVES: Remand to staff for further revision. Council is requested to provide specific guidance should further revision be requested. RECOMMENDED MOTION: I move that Council approves the proposed ordinance revising AMC Section 2.32.040 to correct a typographical error. ORDINANCE NO. 2011-XXX ORDINANCE NO. 2011-XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING ARLINGTON MUNICIPAL CODE SECTION 2.32.040 TO CORRECT A TYPOGRAPHICAL ERROR WHEREAS, the City of Arlington, Washington, has the authority to adopt ordinances for the general welfare of its citizens; and WHEREAS, the City previously adopted Ordinance No. 1476, which contained a typographical error; and WHEREAS, the City wishes to amend Ordinance No. 1476 to correct the error; NOW, THEREFORE, the City Council of the City of Arlington, Washington, do ordain as follows: Section 1. Arlington Municipal Code section 2.32.040 shall be amended to read as follows: 2.32.040 - Appointment of personnel. Subject to civil service laws and city ordinances the police chief will recommend to the mayor the appointments of police department personnel as may be appropriate and necessary for the proper performance of the duties of the police department. Section 2. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional, or otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 3. Effective Date. A summary of this Ordinance consisting of its title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication. PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this ______ day of _____________________, 2011. CITY OF ARLINGTON ____________________________________ Margaret Larson, Mayor ORDINANCE NO. 2011-XXX ATTEST: ___________________________________ Kristin Banfield, City Clerk APPROVED AS TO FORM: ___________________________________ Steven J. Peiffle, City Attorney City of Arlington Council Agenda Bill AGENDA ITEM: New Business #5 ATTACHMENT F COUNCIL MEETING DATE: June 6, 2011 SUBJECT: Authorize the Mayor to sign the 2010-2012 Collective Bargaining Agreement with the Arlington Police Officers Association DEPARTMENT OF ORIGIN: Executive ATTACHMENTS: Collective Bargaining Agreement with the Arlington Police Officers Association (strikeout and clean) EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: City Attorney reviewed Collective Bargaining Agreement DESCRIPTION: Council is requested to authorize the Mayor to sign the 2010-2012 Collective Bargaining Agreement with the Arlington Police Officers Association, representing uniformed Police Officers of the City of Arlington. HISTORY: The City and the APOA began negotiations on a successor Collective Bargaining Agreement in August 2009. Parties were unable to reach an agreement during negotiations and requested mediation. Mediation was unsuccessful and the parties were to begin arbitration proceedings in May 2011. Negotiations were reopened in April 2011 and the attached Tentative Agreement was reached. ALTERNATIVES: Do not authorize the Mayor to sign the 2010-2012 Collective Bargaining Agreement with the Arlington Police Officers Association and direct staff to return to the bargaining table for further negotiations. RECOMMENDED MOTION: I move Council authorize the Mayor to sign the 2010-2012 Collective Bargaining Agreement with the Arlington Police Officers Association. City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2007 2010 through December 31, 20092012 1 AGREEMENT by and between THE CITY OF ARLINGTON, WASHINGTON and ARLINGTON POLICE OFFICERS’ ASSOCIATION (Representing the Law Enforcement Officers) January 01, 2007 2010 through December 31, 20092012 THIS AGREEMENT is entered into by and between the City of Arlington, Washington, hereinafter referred to as the Employer, and the Arlington Police Officers’ Association hereinafter referred to as the Association. ARTICLE I RECOGNITION, ASSOCIATION MEMBERSHIP AND PAYROLL DEDUCTION 1.1 Recognition - The Employer recognizes the Association as the exclusive bargaining representative for all employees in the bargaining unit, which is described as all full-time and regular part-time uniformed officers of the City of Arlington Police Department, excluding supervisors, confidential employees, lieutenants and all other employees as determined by the Public Employment Relations Commission in Case 16843-E-02-2783. 1.2 Union Membership - All employees who are or who hereafter become members in good standing in the Association on or after the effective date of this Agreement, shall maintain their membership in good standing in the Association as a condition of continued employment. All employees who are not members in the Association and/or all new employees hereinafter employed shall, within thirty-one (31) days from the effective date of this Agreement, whichever is later, become and remain members in good standing in the Association as a condition of continued employment. 1.3 Payroll Deduction - The Employer shall deduct from the pay of each employee covered by this Agreement, upon their written authorization, the dues and fees of the Association, and shall remit to said Association all such deductions monthly. The Association shall indemnify, defend and hold the Employer harmless against any claims made and against any suit instituted against the Employer on account of any check-off of dues and fees for the Association. The Association shall refund to the Employer any amounts paid to it in error on account of this check-off provision upon presentation of proper evidence thereof. 1.4 Association Notification - Within seven (7) days from the date of hire of a new employee, the Employer shall provide the Association the name, address and Social Security Number of the employee. The Employer shall promptly notify the Association of all employees leaving its employment. City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2007 2010 through December 31, 20092012 2 ARTICLE II NON-DISCRIMINATION 2.1 No employee shall be discriminated against for upholding Association principles or serving on an Association Committee. The Employer and the Association shall not unlawfully discriminate against any individual with respect to his hiring, compensation, terms or conditions of employment because of such individual's race, color, religion, sex, national origin, Vietnam - era veteran status, marital status or the presence of any physical, mental or sensory handicap, or age, nor anything which is not a bona fide occupational qualification, nor shall they limit, segregate or classify employees in any way to deprive any individual employee of his employment opportunities, except for a bona fide occupational qualification. 2.2 Wherever words denoting a specific gender are used in this Agreement, they are intended and shall be construed so as to apply equally to either gender. 2.3 Any alleged violations of Article II may only be processed through the appropriate governmental agency and not through Article XV, Grievance Procedure, of this Agreement. ARTICLE III ASSOCIATION OFFICIALS AND BULLETIN BOARD 3.1 Association Official - One Association official who is an employee in the bargaining unit who shall be identified to the Chief, may be granted time off while conducting business vital to the employees in the bargaining unit provided; a. The Association or the employee notifies the Employer in writing a minimum of forty- eight (48) hours prior to the start of the requested time-off period. b. The Employer is able to properly staff the employee's job duties during the time-off period. c. The wage cost to the Employer is no greater than the cost that would have been incurred had the Association official not taken the time off. 3.1.1 Association officials shall not transact Association business while working on shift which in any way interferes with the operation or normal routine of the Police Department. The Association shall be afforded the same ability to utilize City facilities as other bargaining units within the City for the purpose of holding Association meetings and communicating with members. 3.1.2 The Association shall provide the City and the Police Department with the names of its officials authorized by the Association to act on its behalf. 3.2 Bulletin Board - The Employer shall provide suitable space for an Association furnished bulletin board on its premises in an area frequented by all employees within the bargaining unit. The Association shall limit its posting of notices and bulletins to such bulletin boards. 3.3 Labor – Management Committee. A Labor-Management Committee shall be established for the sole purpose of resolving pre-grievance level issues arising from this agreement. In no case shall meetings of the Labor- Management Committee be used for purposes of continued negotiation. Meetings of the Labor-Management Committee shall occur once a quarter or as otherwise mutually agreed upon by the parties. City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2007 2010 through December 31, 20092012 3 ARTICLE IV PROBATION, SENIORITY, LAYOFF AND RECALL 4.1 Probation Period - New employees shall be subject to a probation period commencing with their first work shift through one (1) year following graduation from the Washington State Criminal Justice Training Commission Academy. The probationary period for lateral entry employees shall be one (1) year from the date of hire. During this period such employee shall be evaluated by the Employer and may be terminated at the sole discretion of the Employer. 4.2 Seniority - An employee's seniority shall be defined as that period from the employee's most recent first day of compensated work within the bargaining unit. 4.3 Layoff/Recall - The Employer shall notify the Association of the need to reduce the number of employees who are on the payroll within the bargaining unit at least sixty (60) calendar days before the effective date of layoff. Such notice shall be given in writing, addressed to the Association and hand delivered to an Association officer or by registered U.S. mail. The notice shall disclose the number of positions affected. Immediately after issuing the notice, the Employer shall give the Association a reasonable period of time, of no less than ten (10) calendar days within which it will meet and confer with the Association to discuss such action. 4.3.1 Each employee who is to be laid off as a consequence of a reduction in force shall be given written notice, at least thirty (30) calendar days, running concurrently with the notice provided in Section 4.3, before such action is to occur, of the date, purpose and nature of the action that is to be taken with regard to him. The notice shall also state the reason for the action and any rights the employee may have under the City Human Resource Policy and Procedures Manual, Civil Service rules, or this Agreement with regard to his/her employment. A copy of the notice shall be timely delivered to the Association within the thirty (30) calendar day notification period. In the event a reduction in force is necessary, the reduction shall proceed in the following order: a. Employees shall be laid off in reverse order of the Departmental seniority list; the least senior employee in the Department shall be laid off first without regard to rank or classification. b. An employee who is laid off shall be paid for all accrued leave time, including vacation and holiday pay, based on the employee’s straight-time rate of pay as of the date of separation. c. All employees who are reduced in rank or laid off shall not suffer any loss in benefits or entitlement accrued prior to the date of the action,, e.g. holiday, vacation, personal leave, pension, and overtime, earned, accumulated, and unused at the time of reduction in rank or layoff. 4.3.2 In the event of a tie in seniority, the tie shall be broken by the final score on the civil service examination. 4.3.3 The Civil Service Commission and City Human Resource Department shall maintain a list, known as a “rehire list,” of all persons who are laid off. In the event that vacancies occur within the Department while persons remain on the rehire list, the order of the recall shall be determined City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2007 2010 through December 31, 20092012 4 by reference to the rehire list. The rehire list(s) shall remain in effect for twenty four (24) calendar months after the date of a layoff, unless extended by the Civil Service Commission and shall be used to offer employment that may become available by seniority to all persons who have been laid off, before any person is hired or transferred (from another City department) to become new employees of the Police Department. No person may be hired, nor may any person be transferred from another City Department while any person in that rank remains in a reduced rank or on the rehire list. Any persons who are returned to their former positions shall be placed in the pay step of their former position. 4.3.4 Notice of recall to the employee’s former position shall be given to the employee in writing at his last known mailing address, it being the employee’s obligation to notify the City Human Resource Department of any change in address while on layoff status. The notice shall be by certified mail, return receipt requested. The employee shall be given thirty (30) calendar days to accept an offer of reinstatement, in which case written acceptance shall be sufficient if filed in any form with the Human Resource Department. Any employee who fails to respond to an offer to return to work may be terminated. 4.3.5 If an employee is on layoff status, seniority shall not accrue. Upon returning to work after such leave or layoff, the employee shall be granted the level of seniority previously accrued and shall return at the pay step they attained immediately prior to the layoff. ARTICLE V SERGEANTS 5.1 Minimum qualifications for Sergeant – An officer must have a minimum of 5 years experience as a commissioned Police Officer and a minimum of 3 years as a Police Officer with the City of Arlington to be eligible to be a Sergeant. 5.2 Promotional testing shall be in accordance with the City’s Civil Service guidelines and procedures. 5.3 The examinations utilized for forming a Sergeant’s promotional list shall be as follows: Written examination, to comprise 40% of the total score Oral board examination, to comprise 60% of the total score 5.4 The Civil Service Commission shall certify the Sergeant promotional list upon the completion of the testing and verification by the Civil Service Examiner. The list shall remain in effect for one year or such time as the list is depleted, whichever occurs first. 5.5 The Chief of Police shall use the “Rule of 7” in selecting Officers from the certified Sergeant promotional list. 5.6 Announcements of the promotional exams shall be posted in the Police Department at least 30 days prior to the test dates. 5.7 Relevant study materials shall be made available to interested employees at the time of posting. City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2007 2010 through December 31, 20092012 5 5.8 The Sergeant monthly rates of pay are reflected in Appendix A. 5.9 Master Patrol Officers 5.9.1 Upon the selection and appointment of Sergeants, the title and classification of Master Patrol Officer shall be eliminated. 5.9.2 If a current employee serving as Master Patrol Officer (Step A) is selected from the certified Sergeant promotional list, the employee shall begin as a Sergeant (Step B). If a current employee serving as Master Patrol Officer (Step B) is selected from the certified Sergeant promotional list, the employee shall begin as a Sergeant (Step C). 5.9.3 If a current employee serving as Master Patrol Officer is not selected from the certified Sergeant promotional list, the employee will return to the title of Patrol Officer, but shall remain at his/her rate of pay until the top step Police Officer pay reaches or exceeds that rate of pay. Employees in this situation shall receive any annual cost of living adjustments (COLA) awarded to the bargaining unit. 5.10 Working out of classification: i.e. Acting Sergeant, Acting Commander 5.10.1 At the sole discretion of the Police Chief or designee, an employee may be assigned to perform work in a higher classification (i.e. Sergeant, Commander), if the Police Chief determines that replacing the higher classification position is in the best interests of the City. 5.10.2 Any employee assigned to perform work in a higher classification (i.e. Sergeant, Commander) shall be paid at the higher classification in the pay step, which is the lowest step in the higher classification that still provides an increase over the employee’s regular pay scale. Compensation for work in a higher classification shall become payable on the completion of at least four (4) hours and one (1) minute of one (1) shift in the higher classification per incidence of such out of class work. A shift is defined as the normal work shift of the officer. 5.10.3 This section shall not be construed so as to require the City to assign higher-level duties to anyone. 5.11 Sergeants shall be eligible for additional specialty pay should they hold one of the following specialty positions as outlined in Appendix A, Section A.5 of the current Collective Bargaining Agreement: Detective (4%) Rangemaster (4%) EVOC (4%) City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2007 2010 through December 31, 20092012 6 Field Training Officer (4%) Defensive Tactics Instructor (4%) 5.12 Officers currently holding the position of School Resource Officer or Airport Resource Officer (Canine Officer) shall be eligible to test for the position of Sergeant, if they meet the minimum qualifications set in Section 5.1. If a School Resource Officer or Airport Resource Officer (Canine Officer) is selected from the certified Sergeant promotional list, that officer must either give up their current position as SRO or ARO or decline the Sergeant promotion. 5.13 Vacancies: The parties acknowledge the value to both the City and the Officers of 24-hour supervision. To effect this purpose to insure the presence of a Sergeant for each patrol team on each shift, the parties agree as follows: 5.13.1 This section shall not be construed so as to require the City to assign higher level duties to anyone if the vacancy is less than four (4) hours. 5.13.2 In the event of an absence or vacancy, either planned or unplanned, the Police Chief or his designee shall, at their sole discretion, assign an employee to fill the open shift. ARTICLE VI HOURS OF WORK/OVERTIME 56.1 Shift Schedules – Shift schedules shall be determined by the Employer. Employees may trade shifts with the permission of the Chief of Police or designee. Notwithstanding the foregoing and subject to Section 5.1.1 and 5.1.2 below, the Employer shall have the right to schedule probationary employees to any shift at the sole discretion of the Employer. For purposes of this Agreement, the following shift schedules shall apply: Patrol Officers shall work two consecutive twelve (12) hour shifts followed by two (2) consecutive days off, followed by three (3) consecutive twelve (12) hour shifts, followed by two (2) consecutive days off, followed by two (2) consecutive days on, followed by three (3) consecutive days off. 5.1.16.1.1 Master Patrol OfficersSergeants are generally deployed to patrol teams. Master Patrol OfficersSergeants are generally deployed on each day shift and night shift on each patrol team. In order to ensure even MPO Sergeant coverage, MPOs Sergeants shall bid work shifts first, prior to other officers. MPOs Sergeants shall bid for one of the two patrol teams and either dayshift or graveyard shift on that patrol team. Thereafter, officers will bid work shifts in order of seniority with the most senior MPO Sergeant bidding first. For purposes of seniority, MPOs Sergeants shall be considered a separate classification. Seniority as an MPO Sergeant shall be determined from the date of promotion to an MPOSergeant. 5.1.26.1.2 Officers shall bid shifts in October of each year to determine work shifts for the following year. Employees without collateral duties shall bid for an available team by seniority. Once teams have been selected, available shift assignments will be bid upon by seniority. Employees with collateral duty assignments, defined herein as Field Training Officers, School Resource Officer, City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2007 2010 through December 31, 20092012 7 Detectives, Airport Resource Officers/K9 and Anti-Crime Team (“Collateral Duty Officers”) who have the same assignment, shall not be on the same patrol team. The Employer and the Association recognize that operational requirements may necessitate changes in the published shift schedule, as determined by the Chief of Police or designee. 56.2 Work shifts shall be from 6:00 AM to 6:00 PM, 6:00 PM to 6:00 AM or 3:00PM to 3:00 AM. Once bid, work shifts shall not be altered absent a vacancy. In such event, the least senior patrol officer shall be moved to fill the vacancy. In no event may work shifts be altered absent 7 days notice or agreement of the parties. 56.2.1 Officers not assigned to patrol may be scheduled to work 5/8, 5/2 - 5/3, 4/10, 3/12 or other schedules as may be mutually agreed between the Employer and the Association. The School Resource Officer shall work Monday through Friday beginning at 7:00 AM and ending at 3:00 PM during the period of time that school is in session, except as mutually agreed or as necessitated by changes in the school schedule. During the period of time that school is in recess, the SRO shall be assigned to day shift or other shift as mutually accepted by the parties. 56.2.2 Alternate work schedules may be implemented by mutual agreement between the Employer and the Association. 56.3 Meal and Rest Periods - A work shift shall include a thirty (30) minute paid meal period and three (3) fifteen (15) minute paid rest periods. Such rest periods shall not be added to the normal meal period or taken at the end of a work shift. Employees shall be subject to immediate call during meal and rest periods for which no overtime or additional compensation shall be paid. 56.4 Overtime/Compensatory Time - All work assigned and authorized in advance by the Chief of Police or his designee in excess of the regular workweek shall be paid at one and one-half (1 - 1/2) times the employee's straight-time rate of pay, or the employee may elect to accrue compensatory time off at one and one-half (1-1/2) times the actual overtime hours worked in lieu of overtime pay. Such compensatory time off shall be scheduled with the approval of the Chief of Police or designee, normally within the next regular calendar monthly pay period. In the event such compensatory time off cannot be so scheduled, the employee shall be paid for the overtime as specified above. Employees may accrue up to a maximum of forty-eightninety six (4896) hours of compensatory time. Any hours accrued in excess of said forty-eightninety-six (4896) hours shall be paid in accordance with this Section. 56.5 The Employer shall not reschedule regular work shifts with less than seven (7) calendar days advance notice, except for emergency conditions, defined as situations in which the Employer is unable to fulfill the present scheduling commitments and basic law enforcement responsibilities without interrupting the present regular work schedule. Emergency conditions shall normally not include holidays, vacations, court appearances, training sessions, school classes or functions and/or other special events that could otherwise be foreseen and scheduled seven (7) days in advance. ARTICLE VII CALLBACK, COURT TIME STANDBY PAY AND TRAINING/MEETINGS 67.1 Callback - An employee who is called back to work, including for training and Departmental meetings, after having completed his normal shift and having left the premises, shall receive callback pay of a minimum of three (3) hours at the overtime rate of pay; provided however, an City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2007 2010 through December 31, 20092012 8 employee who is required to report to work prior to his normal shift and is compensated for all time prior to commencement of his regular shift, shall be compensated for such pre-shift hours at one and one-half (1 -1/2) times the employee's regular straight-time rate of pay. 67.2 Court Appearances - Required off-duty appearances in any court or hearing shall be compensated for the actual time required for the appearance with a minimum of three (3) hours at one and one- half (1-1/2) times the employee's straight-time rate of pay. ARTICLE VIII WAGES AND DEFERRED COMPENSATION PLAN 78.1 Wages - Employees covered by this Agreement shall receive the rates of pay as set forth in Appendix "A" to this Agreement which by this reference shall be incorporated herein as if set forth in full. Wage steps shall be 4.5%. Appendix “A” shall reflect the following wages increases: a. Effective January 1, 20072010, the wages in Appendix “A” reflect wage increases of 50%. b. Effective January 1, 20082011, wage rates shall be increased by 4.0% c. Effective January 1, 20092012, wage rates shall be increased by the CPI-U (July 2010-June 2011 for Seattle-Tacoma-Bremerton) , with a minimum of 0% and a maximum of 32.5%. 78.2 Deferred Compensation Plan - The employee shall have the option of participating in any deferred compensation plan offered by the City. ARTICLE VIIIIX HOLIDAYS 89.1 The following days are recognized as holidays: New Year's Day Labor Day Martin Luther King's Day Veteran's Day President's Day Thanksgiving Day Memorial Day Day After Thanksgiving Day Independence Day Christmas Day Two (2) Personal Holidays for 12 hour employees or Three (3) Personal Holidays for 8 hour employees 89.2 Payment for all holidays shall be made once a year on the first regular payday of November. Payments for those employees with less than twelve (12) consecutive months of continuous employment as of November 30th shall be prorated. Employees who permanently change assignments shall receive pro-rated holiday benefits based on the number of holidays remaining in the year from the date of reassignment. Employees (other than those assigned to patrol) required to work on a holiday shall be paid at one and one-half (1-1/2) their straight-time rate of pay. 89.3 Employees assigned to patrol required to work on a holiday shall be compensated at their regular straight-time rate of pay. Employees assigned to patrol shall receive one hundred forty-four (144) hours of pay annually in lieu of holidays. City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2007 2010 through December 31, 20092012 9 8.49.4 Employees may schedule and observe their personal holidays (either two 12 hour shifts or three 8 hour shifts) with the prior approval of the Chief of Police or designee following six (6) months of continuous employment. Employees hired June 1st or after in any one (1) year shall be eligible for the equivalent of twelve personal holiday hours or pay for that year. Eligible employees who elect the option to observe all their Personal Holidays as days off shall only receive one-hundred and twenty (120) hours of the pay specified in Section 8.2. ARTICLE IX VACATIONS 910.1 Regular full-time employees shall accrue vacation time as set forth below based on the employee's continuous length of service as of the most recent anniversary date of his employment. An employee shall not be eligible to take accrued vacation time off with less than six (6) months continuous employment since his most recent date of employment. Length of Continuous Employment Monthly Accrual Yearly Accrual 0 to 12 months 8 hours 96 hours 13 through 24 months 10 hours 120 hours 25 through 36 months 12 hours 144 hours 37 through 48 months 14 hours 168 hours 49+ months 16 hours 192 hours The maximum amount of vacation to be carried over from one calendar year to the next is 300 hours. 910.2 Vacation periods shall be selected by seniority. Vacation requests shall be submitted in writing by January 1st for proper scheduling. Vacation requests submitted after January 1st shall be responded to by the Chief of Police or designee within two (2) weeks following submittal. After the January 1st date any vacation requests shall be subject to availability. 910.3 In no event shall an employee's combined vacation and sick leave benefits payable upon termination or retirement exceed two-hundred forty (240) hours in accordance with RCW 41.50.150. 910.4 During the term of this Agreement, the Chief of Police or designee will on an ongoing basis evaluate and determine the ability of the Department to absorb military leave time in determining the number of employees scheduled off on vacation. 10.5 Vacation Cashout a. In May 2012, employee’s shall be allowed to cashout vacation hours, not to exceed forty (40) hours. In order to be eligible to cashout vacation hours, employees must have a minimum of eighty (80) hours of vacation hours available after cashout. b. The bargaining unit must provide a list of employees wishing to cashout vacation hours and the amount of hours to the City’s Finance Department no later than April 30, 2012. c. The cashout of vacation hours shall be done through the City’s payroll system and is subject to all applicable taxes and deductions. ARTICLE XI SICK LEAVE, FAMILY LEAVE AND FUNERAL LEAVE City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2007 2010 through December 31, 20092012 10 1011.1 Sick Leave - Regular full-time employees (regular part-time employees prorated) shall accumulate sick leave with pay at the rate of twelve (12) hours per month of service; provided however, no employee shall be credited with an accumulation greater than one thousand (1,000) hours. 1011.1.1 Accrued sick leave may be utilized in the event of an employee's personal illness, accident or disability, or that of a member of the employee's immediate family as defined by Section 10.2.1 below. 1011.1.2 Sick Leave may be utilized for care of dependent children eighteen (18) years of age or younger living within the household in accordance with applicable state statutes. 1011.1.3 Upon voluntary quit, disability retirement or retirement, employees shall be paid for unused sick leave on the basis of eight (8) hours for every twenty-four (24) hours of accumulated sick leave, subject to Section 10.1.4. 1011.1.4 In no event shall an employee receive combined sick leave and vacation benefits payable upon termination or retirement exceeding two hundred forty (240) hours in accordance with RCW 41.50.150. 10.111.5 Sick leave shall not be charged against an employee on a regularly scheduled day off. 1011.1.6 Sick leave shall be granted upon application before or within reasonable time after the absence, depending on the circumstance of each case. Each employee shall use sick leave solely for the purposes permitted by this Article or by state law. Utilization of sick leave for any other purpose shall be cause for disciplinary action. The Employer may require that the employee, after three (3) days of concurrent illness, furnish a physician’s proof of illness. 1011.1.7 Sick leave benefits shall run concurrently with Law Enforcement Officers and Fire Fighters (LEOFF) provisions and in no case shall there be application of benefits which would exceed the maximum(s) outlined in the LEOFF Act. No sick leave shall be accrued during disability leave. 1011.1.8 In the event employees are absent for reasons which are covered by State Industrial Insurance, the Employer shall pay the employee an amount equal to the difference between the amount paid the employee by the Department of Labor and Industries and the amount the employee would have otherwise been eligible to receive in sick leave. Such payment(s) to the employee shall be made at such times as the difference is reasonably determinable. A deduction shall be made from the employee's accumulated sick leave in accordance with the amount paid to the employee by the Employer until such time as the employee’s accumulated sick leave is depleted. Employees shall have the option of using or not using accrued sick leave in conjunction with State Industrial. 1011.2 Emergency Leave - In the event of a death or critical illness in the employee's "immediate family", he may be granted leave of absence not to exceed three (3) working days with pay. 1011.2.1 The term "immediate family" shall be defined as spouse and children of the employee and/or grandmother, grandfather, mother, father, brother, sister, father-in-law, mother-in-law. City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2007 2010 through December 31, 20092012 11 1011.2.2 An employee on shift may be excused by the Chief of Police or designee to attend funeral services of a deceased City employee without loss of pay. 1011.3 Family Leave - Notwithstanding any provision to the contrary that may be contained elsewhere within this Agreement, employees shall be entitled to up to twelve (12) weeks unpaid, job protected leave during any twelve (12) month period for any of the following reasons: (1) the birth or placement of a child for adoption or foster care; (2) to care for an immediate family member with a serious health condition; or (3) to take medical leave when the employee is unable to work due to a serious health condition. During such leave period the Employer shall continue the employee's health insurance benefits on the same basis as active employees. EFFECTIVE JANUARY 1, 2011 THROUGH JULY 31, 2011, ARTICLE XI SHALL READ AS FOLLOWS: ARTICLE XII HEALTH AND WELFARE INSURANCE BENEFITS 1112.1 General - Eligibility and continued employee and dependent participation in any group insurance or other financially based benefit plan provided by the Employer shall be in accordance with the applicable Group Insurance Plan Document or Master Plan Agreement. 1112.2 Employee Group Medical - The Employer shall provide such group medical insurance coverage, for those employees to whom it applies, as mandated by RCW 41.26, the Law Enforcement and Fire Fighter Retirement System Laws of 1969, as revised and/or amended. 1112.2.1 The Employer shall pay one hundred percent (100%) of those premiums necessary to maintain coverage under the AWC Employee Benefit Trust, Plan A, for enrolled employees during the term of this Agreement. Both parties acknowledge that AWC has indicated its intention to terminate the AWC Employee Benefit Trust, Part A. In the event that occurs during the term of this agreement, the parties shall renegotiate the terms of this article. 1112.3 Dependent Group Medical - The Employer shall pay ninety percent (90%) and the employee shall pay ten percent (10%) of the required premiums necessary for eligible enrolled dependents of employees covered by this Agreement in the AWC Employee Benefit Trust, Plan A. 1112.4 Group Dental - The Employer shall pay one hundred percent (100%) of the premiums for eligible enrolled employees and their dependents for coverage under the AWC Group Dental Plan during the term of this Agreement. 1112.5 Group Vision - The Employer shall pay one hundred percent (100%) of the premiums for eligible enrolled employees and their dependents for coverage under the AWC Group Vision Care Plan during the term of this Agreement. 1112.6 Group Long Term Disability - The Employer shall pay one-hundred percent (100%) of the premiums for eligible enrolled employees only for coverage under the AWC Group Long Term Disability Insurance Plan during the term of this Agreement. 1112.7 Group Life and Accidental Death and Dismemberment Insurance (AD&D) - The Employer shall pay one hundred percent (100%) for the premiums for eligible enrolled employees only for coverage under the AWC Group Life and AD&D Insurance Plan during the tern of his Agreement. City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2007 2010 through December 31, 20092012 12 1112.8 The Employer reserves the right to change group insurance carriers at any time at its sole discretion, providing a generally comparable level of benefits are provided. In the event that State or Federal Mandated group medical and/or dental program is available at lower cost to the Employer during the term of this Agreement, the Employer shall have the right to implement such plan upon its availability. EFFECTIVE AUGUST 1, 2011, ARTICLE 13 SHALL READ AS FOLLOWS: Article XII HEALTH AND WELFARE INSURANCE BENEFITS 12.1 General – Eligibility and continued employee and dependent participation in any group insurance or other financially based benefit plan provided by the Employer shall be in accordance with the applicable Group Insurance Plan Document or Master Plan Agreement. 12.2 Medical and Dental Benefit The Employer agrees to pay the premium cost for all employees and their dependents for the medical, dental and life insurance coverage mutually agreed upon by the Union and the Employer less 1% of top step police officer, which will be paid by the Employee. 12.2.1 The Union and the Employer agree that the medical insurance will be through LEOFF Health and Welfare Trust. 12.2.2 The Union and the Employer agree that the dental insurance will be through Washington Dental Service. 12.2.3 The Union and the Employer agree that the life insurance will be through The Standard Insurance Company. 12.3 Health Reimbursement Arrangement (HRA): 12.3.1 The City has adopted the Voluntary Employees’ Beneficiary Association Medical Expense Plan for Public Employees in the Northwest (“Plan”) as the HRA for the bargaining group. The Employer will establish a single account for each employee which holds all HRA funds. All costs associated with the account are Employer costs. Monthly, the Employer shall fund the HRA account with real dollars for each bargaining unit member as follows: Employee with no spouse or dependent $166.00 Employee with spouse and/or dependent $333.00 12.3.2 The HRA may be used for all IRS allowable expenses. 12.3.3 Accumulated balances will rollover each year with no cap on accumulated account totals. 12.3.4 Individual account funds shall rollover accumulated amounts as indicated above and shall include a survivorship option in the event of the Employees death and have continued reimbursement rights until all funds are used. 12.3.5 Individuals separating from the Employer shall continue to have access to their HRA balance (until depleted) as provided above. Employees separating with a negative HRA balance shall have the amount deducted from their final pay. City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2007 2010 through December 31, 20092012 13 12.4 HRA Third Party Administrator - The HRA Third Party Administrator (TPA) shall be VEBA Service Group LLC. All costs associated with the TPA are Employer costs. 12.5 Benefits while on leave without pay or separation (within COBRA): The Employer will make available to the Employee on leave without pay or separated from the Employer the current medical and dental benefits at no cost to the Employer to the extent allowed under COBRA Law. 12.6 Benefit while on Disability Leave: The Employer will provide Employees on disability leave the benefit outlined in this Article. 12.7 The Employer reserves the right to change group insurance carriers at any time at its sole discretion, providing a generally comparable level of benefits are provided. In the event that State or Federal Mandated group medical and/or dental program is available at lower cost to the Employer during the term of this Agreement, the Employer shall have the right to implement such plan upon its availability. ARTICLE XIII UNIFORM, CLOTHING ALLOWANCE AND CLEANING ALLOWANCE ACCOUNT 1213.1 The Employer shall provide each new regular full-time police officer with the following list of uniform, weapon, handcuffs, leather goods and other equipment authorized and required. UNIFORM ITEMS Shirts - Long Sleeve 3 each Shirts - Short Sleeve 3 each Trousers 3 each Jumpsuit 1 each Hat (dress) 1 each Stocking cap / beanie 1 each Ties 2 each Tie Pin 1 each Jacket (utility) 1 each Approved Chemical Agent 1 each Chemical Agent Holder 1 each Baton 1 each Baton Holder 1 each Handcuffs 1 each Handcuff Holder 1 each Holster 1 each Magazine Holder 2 each Uniform Belt 1 each Underbelt 1 each Keeper 2 each Flashlight Holder 1 each Radio Holder and Ear Piece 1 each Body Armor 1 each Weapon 1 each Lock Box 1 each City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2007 2010 through December 31, 20092012 14 Shoes 1 pair Boots 1 pair Collar “Mike” 1 each Patrol Gloves (Department Selected) 1 pair Equipment Belt 1 each Raincoat 1 each 1213.2 Uniform Cleaning - All uniform cleaning shall be done by a cleaning service vendor selected and paid for by the Employer at the Employer’s sole discretion. 1213.3 Uniform Replacement - The Employer shall replace or repair all approved uniforms and equipment as necessary as determined in the discretion of the Employer and at the Employer’s sole cost and expense. 1213.4 Other - All initial issue and replacement uniforms and equipment items and vendor(s) shall be approved in advance by the Chief of Police or designee. 1213.5 The Chief of Police or designee shall determine the appropriate uniform for each work shift. 1213.6 All uniforms and equipment issued by the Employer to each employee shall remain the property of the Employer. 1213.7 The Chief of Police or designee shall determine the appropriate uniform for each work shift. ARTICLE XIIIXIV MISCELLANEOUS 13.14.1 Civil Service - The Employer shall furnish each employee covered by this Agreement with a copy of the current City of Arlington Civil Service Commission Rules and Regulations. 1314.2 Beneficiary - In the event of the death of an employee covered by this Agreement, all wages and benefits payable shall be paid to the designated beneficiary(s) or estate. 1314.3 Accreditation - Should the Arlington Police Department seek accreditation by the Washington Association of Sheriffs and Police Chiefs (WASPC), the Association and employees covered by this agreement pledge their full cooperation toward the Department obtaining said accreditation. 1314.4 Outside Employment - All outside employment by members of the bargaining unit must be approved in advance by the Chief of Police or designee. 1314.5 Physical Fitness - The City agrees to make available to any bargaining unit member discounts available to other City employees at health and fitness facilities. In addition, the City will make available to bargaining unit members the exercise facilities at the Arlington Fire Department and the Arlington High School. 1314.6 Firearm Training Ammunition - Employees shall be furnished fifty (50) rounds of ammunition per month for use in training with their Department issued side weapon. The employee shall be required to turn in to the Chief of Police or his designee, or all expended brass of the same caliber in order to receive the second and subsequent monthly training ammunition allotments. ARTICLE XIV DISCIPLINE City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2007 2010 through December 31, 20092012 15 1415.1 The Employer shall not discipline an employee who has completed the probation period without just cause, but in respect to discharge or suspension shall be given at least one (1) warning letter of the complaint against such employee to the employee in writing and a copy of the same to the Association, except that no warning letter need be given to an employee before he is discharged or suspended if the cause of such discharge or suspension is for theft, gross insubordination and/or drunkenness on duty, and/or issues of parallel magnitude. Warning letters to be considered as valid, shall be issued within thirty (30) days after the occurrence or knowledge of the occurrence of this violation by the Employer in such warning letter, or other reasonable time, unless the nature of the offense or the complexity of the investigation makes this procedure impractical. 1415.2 An employee may have an Association representative or another employee present at all meetings with the Employer during disciplinary or discharge proceedings. 1415.3 Disciplinary action or measures may include oral reprimand, written warning, loss of leave, suspension or discharge, or other appropriate action. 1415.4 All employees have the right to view their entire personnel file. Employees wishing to view their files shall give the City advanced notice and establish an agreed time and place to view said file. An employee shall be permitted to read any disciplinary material before it is placed in his/her file. The employee shall be able to rebut such material in writing and the rebuttal will be placed in the file. The City will notify employees before any disciplinary or otherwise negative materials are added to their files. ARTICLE XVI GRIEVANCE PROCEDURE 1516.1 All matters pertaining to the proper application and interpretation of any and all of the provisions of this Agreement shall be adjusted by utilizing the following procedure or referral to the City of Arlington Civil Service Commission for resolution. 1516.2 STEP 1 - The Association and/or employee shall promptly attempt to resolve the grievance informally with the Chief of Police or designee. If the matter is not resolved informally the Association may refer the grievance in writing to the City Administrator or designee within thirty (30) days of its occurrence or the date the employee should have reasonably known of its occurrence. The written grievance shall include a statement of the facts of the matter, the Article of the Agreement allegedly violated, and the remedy sought. The City Administrator or designee shall notify the employee and the Association within fourteen (14) work days of his or her decision on the matter. If no resolution to the grievance is reached after the City Administrator’s decision, the Association and the Employer may mutually agree to submit the grievance to mediation. Within fourteen (14) calendar days, the two (2) parties shall agree upon a mediator drawn from a panel of neutral mediators trained in grievance mediation. The mediator will attempt to assure that all necessary facts and considerations are disclosed, but will not have authority to compel resolution of the grievance. The parties will not be limited solely to the facts and arguments presented at the earlier steps of the grievance procedure. No transcript or record of the mediation conference will be made, nor will formal rules of evidence be followed. City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2007 2010 through December 31, 20092012 16 1516.3 STEP 2 - If the grievance is not settled in STEP 1, the Association may refer the grievance to arbitration. If the Employer and the Association cannot mutually agree to a neutral arbitrator, the parties shall jointly request a list of nine (9) names of qualified arbitrators from the Public Employment Relations Commission. The Association and the Employer shall alternately strike names from the list until only one (1) name remains, which shall serve as the neutral arbitrator. The right to strike first shall be determined by the flip of a coin. The arbitrator shall hold a hearing and issue a decision which shall be final and binding on both parties; provided however, the arbitrator shall have no power to render a decision that will add to, subtract from, alter, change or modify the terms of this Agreement, and the arbitrator's power shall be limited to interpretation and application of the express terms of this Agreement. 1516.4 It is expressly acknowledged that bargaining unit members have the option of pursuing certain grievances through the Arlington Civil Service Commission. The Association shall not pursue a grievance through the grievance procedure of this Agreement concerning any matter filed by an individual employee with the Civil Service Commission. Such filing with the Civil Service Commission constitutes an election of remedies. 1516.5 Each party shall bear the cost of presenting its own case. The expenses of the arbitrator shall be shared equally by the Employer and the Association. 1516.6 Time limits may be waived by mutual agreement of the parties. ARTICLE XVII MANAGEMENT RIGHTS 1617.1 All management rights, power, authority and functions, whether heretofore or hereafter exercised, and regardless of the frequency or infrequency of their exercise, shall remain vested exclusively in the Employer. It is expressly recognized that such rights, powers, authority and functions include, but are by no means whatever limited to the full and exclusive control, management and operation of its business and its activities, business to be transacted, functions to be performed and method pertaining thereto; the location of its offices, places of business and equipment to be utilized and the layout thereof; subject to the terms of this Agreement and any statutory obligation to bargain the right to establish or change shift schedules of work, evaluations and standards of performance; the right to establish, change, combine or eliminate jobs, positions, job classifications and descriptions; the right to establish compensation for new or change jobs or positions; the right to establish new or change existing procedures, methods, processes, facilities, or make technological changes; the right to maintain order and efficiency; consistent with existing practice the right to contract or subcontract any work; the right to designate the work and functions to be performed by the employees covered by this Agreement and the places where it is to be performed; the determination of the number, size and locations of its office and other places of business of any part hereof, the right to make and enforce safety and security rules and rules of conduct; the determination of the number of employees and the direction of the employees, including but by no means whatever limited to hiring, selecting, assigning and training of new employees, disciplining, suspending or discharging for just cause. 1617.2 The Employer and the Association agree that the agreement statement of management rights shall be for illustrative purposes only and is not to be construed or interpreted so as to exclude those prerogatives not mentioned which are inherent to management including those prerogatives not granted by law. It is the intention of the Employer and the Association that the rights, powers, authority and functions of management shall remain exclusively vested in the Employer except insofar as expressly and specifically surrendered or limited by the express provisions of City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2007 2010 through December 31, 20092012 17 the Agreement. The exercise of these rights shall not be subject to the grievance procedure of this Agreement. The Employer and the Association further agree that nothing contained in this Article shall be deemed to waive the Association’s rights under RCW 41.56 et seq to bargain changes in mandatory subjects of bargaining. ARTICLE XVIII NO STRIKES OR LOCKOUTS 1718.1 The Employer and the Association recognize that the public interest requires the efficient and uninterrupted performance of all Employers’ services and to this end pledge their best efforts to avoid or eliminate any conduct contrary to this objective. During the term of this Agreement the Association shall not cause or condone any work stoppage, strike, slowdown or other interference with Employer functions by employees under this agreement, and should same occur, the Association shall take all steps to end such interference immediately. Employees who engage in any of the afore-referenced actions may be subject to disciplinary action up to and including discharge. The Employer shall not lock out any employee during the life of this Agreement. Any claim by the Employer that the Association has violated this Article shall not be subject to the grievance procedure of this Agreement and the Employer shall have the right to submit such claims to the courts. ARTICLE XVIIIXIX SEPARABILITY AND SAVINGS 1819.1 Should any provision of this Agreement be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance or enforcement of any provisions should be restrained by such tribunal pending a final determination as to its validity, the remainder of this Agreement as it relates to persons or circumstances other than those to which it has been held invalid shall not be affected thereby. In the event that any provision of this Agreement is held invalid or enforcement of or compliance with the same has been restrained, as hereinafter set forth, the Employer and the Association shall enter into immediate collective bargaining negotiations, upon the written request of either party, for the purpose of arriving at a mutually satisfactory replacement for such provision during the period of invalidity or restraint. ARTICLE XIX DURATION 1920.1 This Agreement shall be effective January 01, 20072010, unless otherwise provided for herein, and shall remain in full force and effect through December 31, 20092012, and year to year thereafter, unless written notice is given by the Employer to the Association or the Association to the Employer not later than September 01, 2009 2012 to the effect that the Employer or the Association wishes to terminate or modify the Agreement. ARLINGTON POLICE OFFICERS’ ASSOCIATION CITY OF ARLINGTON, WASHINGTON By _______________________________________ By ________________________________ Kay SchanderRory Bolter, President Margaret Larson, Mayor Date _____________________________________ Date ______________________________ City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2007 2010 through December 31, 20092012 18 City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2007 2010 through December 31, 20092012 19 APPENDIX "A" to the AGREEMENT by and between THE CITY OF ARLINGTON, WASHINGTON and ARLINGTON POLICE OFFICERS ASSOCIATION (Representing the Law Enforcement Officers) January 01, 2007 2010 through December 31, 20092012 THIS APPENDIX is supplemental to the AGREEMENT by and between the CITY OF ARLINGTON, WASHINGTON, hereinafter referred to as the Employer, and ARLINGTON POLICE OFFICERS ASSOCIATION, hereinafter referred to as the Association. A.1 Effective January 01, 20072010, the monthly rates of pay for employees covered by this Agreement shall be as follows STEP A STEP B STEP C STEP D STEP E STEP F 0-12 months 13-24 months 25-36 months 37-48 months 49-60 months 61 + months Police Officer $ 4,117 $ 4,311 $ 4,514 $ 4,727 $ 4,950 $ 5,183 STEP A STEP B 0-24 months 25+ months Master Patrol Officer $ 5,417 $ 5,661 (appointed by Chief) POLICE OFFICER STEP A STEP B STEP C STEP D STEP E STEP F 0-12 M 13-24 M 25-36 M 37-48 M 49 60 M 61+ M 4,609 4,825 5,054 5,292 5,541 5,802 SERGEANT STEP A STEP B STEP C STEP D STEP E STEP F 0-12 M 13-24 M 25-36 M 37-48 M 49 60 M 61+ M 6,383 6,670 6,970 7,283 7,611 7,954 A.2 Wage Step Increases - Any wages STEP increase shall become effective the first of the month coincident with or next following the employee's anniversary date of employment. City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2007 2010 through December 31, 20092012 20 A.3 Master Patrol Officer – The Association and the City agree to meet and negotiate changes in the Master Patrol Officer position with the intent of drafting a memorandum of understanding concerning the position. A.3.1 In the event an employee classified as Master Patrol Officer who is on disciplinary status becomes otherwise eligible for a wage increase in accordance with Section A.1, such increase shall not be granted until the employee has been removed from such status by the Chief of Police or designee. There shall be no retroactive pay adjustment in such circumstance. A.4 Longevity Pay - Longevity pay shall be administered as follows: A.4.1. Starting with the 6th year of service: 2% Starting with the 9th year of service: 4% Starting with the 12th year of service: 6% Starting with the 18th year of service, 8% A.4.2. Longevity shall be calculated from the employee’s base monthly salary, not including any incentive pay for education or specialties A.4.3. Longevity shall be added to the employee’s base monthly salary. A.4.4. Longevity adjustments shall become effective the first of the month, coincident with or next following the employee’s anniversary date of employment. using the following scale, and is to be added to the employee's base monthly salary. Years reflected shall be accumulated full-time continuous service with the Employer. After five (5) years - $25.00 a month For each year of full-time continuous service after the first five (5) years, the monthly amount shall increase by five dollars ($5.00) to a maximum of one hundred dollars ($100.00) a month. Longevity adjustments shall become effective the first of the month, coincident with or next following the employee's anniversary date of employment. A.5 Specialty Pay - An employee assigned the duty of Rangemaster, EVOC, Defensive Tactics Instructors, Field Training Officers, School Resource Officer, Detective, Airport Resource Officer and Anti-Crime Team shall receive a premium equal to four percent (4%) of his/her base rate of pay during the period of such assignment. A.6 Education Incentive Pay – A.6.1 Employees covered by this Agreement with an Associate of Arts or Science degree in the Criminal Justice field, Behavioral Science(s), Public Administration or an allied field subject to the approval of the City Administrator or his or her designee shall receive an extra two percent (2%) of the applicable wage rate in Section A.1 or as amended. A.6.2 Employees covered by this Agreement with a Bachelor of Arts or Science degree in the Criminal Justice field, Behavioral Science(s), Public Administration or an allied field approved by the City Administrator or designee shall receive an extra four percent (4%) of the applicable wage rate in Section A.1 or as amended. City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2007 2010 through December 31, 20092012 21 A.6.3 Employees covered by this Agreement with a Masters of Arts or Science degree in the Criminal Justice field, Behavioral Science(s), Public Administration or an allied field approved by the City Administrator or designee shall receive an extra six percent (6%) of the applicable wage rate in Section A.1 or as amended. A.7 Employees wishing to pursue higher education (i.e., AA, BA/BS, MA/MS, etc.) may apply for education assistance for courses taken at an accredited college or university. Approval must be obtained prior to commencement of each course per semester. Generally, approval for reimbursement of educational expenses requires that the course be directly related to the employee’s present position or to a career path that reasonably relates to similar types of positions or bargaining unit work. Initial approval of a course does not obligate the City to future/continued approval of courses in that field of study. A.8 Non-Pyramiding. Premium and Overtime Pay shall not be duplicated or pyramided except as may be required by the Fair Labor Standards Act. In no event shall premium or overtime pay be based on other than the employee’s regular straight time hourly rate of pay. If an employee holds more than one specialty pay title (e.g., Rangemaster and EVOC), that employee shall receive no more than one (1) four percent (4%) pay increase under paragraph A.5, above. A.9 Detective Clothing Allowance A.9.1. Detectives, by virtue of the nature of their assignment, are required to dress in “plainclothes” while on duty. Further, this attire must be suitable for both routine duties and for appearance in Court and other legal proceedings. A.9.2. In order to compensate Detectives for the purchase, cleaning and wear and tear on their clothes while on duty, Detectives shall receive a yearly clothing allowance/of $650.00 per year. /A.9.3. The Detective clothing allowance shall be paid by separate check in January of each year for employees currently assigned as Detective. A.9.4. Employees newly assigned to a Detective position shall receive the clothing allowance prior to the start of their assignment. A.10 Canine Officers A.10.1. On average, K-9 Officers spend approximately thirty (30) minutes per day in compensable off-duty time for the routine duty related care and maintenance of an assigned dog. For purposes of compensating K-9 Officers for this off-duty work, the parties agree that K-9 Officers shall be compensated at the rate of three and one-half (3 ½) hours per week at the Officer’s regular rate of pay for purposes of full compensation for routine care and maintenance of the dog. A.10.2. In the event of serious injury or illness of the dog requiring multiple visits to the veterinarian and/or extended home care by the K-9 Officer, the K-9 Officer shall be paid for actual hours worked off duty necessary to care for the dog. The regular rate of pay for this work shall be the Officer’s regular rate of pay. The K-9 Officer shall notify the Chief of Police or his/her designee in the event such a circumstance arises. A.10.3. The provisions of this agreement apply exclusively to the off-duty, at- home care and maintenance of the dog. All other provisions of the collective bargaining City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2007 2010 through December 31, 20092012 22 agreement between the parties relating to compensation shall remain in full force and effect and are not modified by this agreement. A.10.4. The City reserves the right to remove the K-9 from service and relieve the K-9 Officer from the responsibility to care for the K-9 at any time. Provided, if the K-9 is removed from service with the City, the K-9 Officer shall have the option to purchase the dog from the City for $1.00. A.11. Traffic Officer A.11.1 The Traffic Services Officer position is intended to assist in the reduction of traffic collisions and traffic-related issues, and to improve safety for motorists on roadways in the City of Arlington. The Traffic Services Officer assignment may include, but is not limited to: traffic violation enforcement, commercial vehicle enforcement, collision investigation, public awareness education, city employee driving training, emergency vehicle operation course instruction, speed measuring device instruction, acting as a liaison to Washington State traffic enforcement programs, and obtaining traffic safety grants. A.11.2 Work Days/work hours: The Traffic Services Officer(s) shifts will be mutually agreed upon as outlined in the current Collective Bargaining Agreement. The work hours will be determined by the Chief or his designee and Traffic Service Officer and notice of a schedule adjustment will follow the current collective bargaining agreement. A.11.3 Traffic Officers will receive an additional premium equal to four percent (4%) of their base monthly pay. / ARLINGTON POLICE OFFICERS ASSOCIATION CITY OF ARLINGTON, WASHINGTON By _______________________________________ By ________________________________ Kay SchanderRory Bolter, President Margaret Larson, Mayor Date _____________________________________ Date ______________________________ City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2007 2010 through December 31, 20092012 23 APPENDIX "B" to the AGREEMENT by and between THE CITY OF ARLINGTON, WASHINGTON and ARLINGTON POLICE OFFICERS ASSOCIATION (Representing the Law Enforcement Officers) January 01, 2010 through December 31, 2012 THIS APPENDIX is supplemental to the AGREEMENT by and between the CITY OF ARLINGTON, WASHINGTON, hereinafter referred to as the Employer, and ARLINGTON POLICE OFFICERS ASSOCIATION, hereinafter referred to as the Association. B.1. In recognition of the economic factors facing the City, the Association membership has accepted a 0% COLA for 2010 and 2011. In recognition of this sacrifice, the City agrees to pay each bargaining unit member a $500 signing bonus. This bonus shall be payable in the first payroll after the contract and all appendices have been ratified by all parties. City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2010 through December 31, 2012 1 AGREEMENT by and between THE CITY OF ARLINGTON, WASHINGTON and ARLINGTON POLICE OFFICERS’ ASSOCIATION (Representing the Law Enforcement Officers) January 01, 2010 through December 31, 2012 THIS AGREEMENT is entered into by and between the City of Arlington, Washington, hereinafter referred to as the Employer, and the Arlington Police Officers’ Association hereinafter referred to as the Association. ARTICLE I RECOGNITION, ASSOCIATION MEMBERSHIP AND PAYROLL DEDUCTION 1.1 Recognition - The Employer recognizes the Association as the exclusive bargaining representative for all employees in the bargaining unit, which is described as all full-time and regular part-time uniformed officers of the City of Arlington Police Department, excluding supervisors, confidential employees, lieutenants and all other employees as determined by the Public Employment Relations Commission in Case 16843-E-02-2783. 1.2 Union Membership - All employees who are or who hereafter become members in good standing in the Association on or after the effective date of this Agreement, shall maintain their membership in good standing in the Association as a condition of continued employment. All employees who are not members in the Association and/or all new employees hereinafter employed shall, within thirty-one (31) days from the effective date of this Agreement, whichever is later, become and remain members in good standing in the Association as a condition of continued employment. 1.3 Payroll Deduction - The Employer shall deduct from the pay of each employee covered by this Agreement, upon their written authorization, the dues and fees of the Association, and shall remit to said Association all such deductions monthly. The Association shall indemnify, defend and hold the Employer harmless against any claims made and against any suit instituted against the Employer on account of any check-off of dues and fees for the Association. The Association shall refund to the Employer any amounts paid to it in error on account of this check-off provision upon presentation of proper evidence thereof. 1.4 Association Notification - Within seven (7) days from the date of hire of a new employee, the Employer shall provide the Association the name, address and Social Security City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2010 through December 31, 2012 2 Number of the employee. The Employer shall promptly notify the Association of all employees leaving its employment. ARTICLE II NON-DISCRIMINATION 2.1 No employee shall be discriminated against for upholding Association principles or serving on an Association Committee. The Employer and the Association shall not unlawfully discriminate against any individual with respect to his hiring, compensation, terms or conditions of employment because of such individual's race, color, religion, sex, national origin, Vietnam - era veteran status, marital status or the presence of any physical, mental or sensory handicap, or age, nor anything which is not a bona fide occupational qualification, nor shall they limit, segregate or classify employees in any way to deprive any individual employee of his employment opportunities, except for a bona fide occupational qualification. 2.2 Wherever words denoting a specific gender are used in this Agreement, they are intended and shall be construed so as to apply equally to either gender. 2.3 Any alleged violations of Article II may only be processed through the appropriate governmental agency and not through Article XV, Grievance Procedure, of this Agreement. ARTICLE III ASSOCIATION OFFICIALS AND BULLETIN BOARD 3.1 Association Official - One Association official who is an employee in the bargaining unit who shall be identified to the Chief, may be granted time off while conducting business vital to the employees in the bargaining unit provided; a. The Association or the employee notifies the Employer in writing a minimum of forty-eight (48) hours prior to the start of the requested time-off period. b. The Employer is able to properly staff the employee's job duties during the time- off period. c. The wage cost to the Employer is no greater than the cost that would have been incurred had the Association official not taken the time off. 3.1.1 Association officials shall not transact Association business while working on shift which in any way interferes with the operation or normal routine of the Police Department. The Association shall be afforded the same ability to utilize City facilities as other bargaining units within the City for the purpose of holding Association meetings and communicating with members. 3.1.2 The Association shall provide the City and the Police Department with the names of its officials authorized by the Association to act on its behalf. City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2010 through December 31, 2012 3 3.2 Bulletin Board - The Employer shall provide suitable space for an Association furnished bulletin board on its premises in an area frequented by all employees within the bargaining unit. The Association shall limit its posting of notices and bulletins to such bulletin boards. 3.3 Labor – Management Committee. A Labor-Management Committee shall be established for the sole purpose of resolving pre-grievance level issues arising from this agreement. In no case shall meetings of the Labor- Management Committee be used for purposes of continued negotiation. Meetings of the Labor-Management Committee shall occur once a quarter or as otherwise mutually agreed upon by the parties. ARTICLE IV PROBATION, SENIORITY, LAYOFF AND RECALL 4.1 Probation Period - New employees shall be subject to a probation period commencing with their first work shift through one (1) year following graduation from the Washington State Criminal Justice Training Commission Academy. The probationary period for lateral entry employees shall be one (1) year from the date of hire. During this period such employee shall be evaluated by the Employer and may be terminated at the sole discretion of the Employer. 4.2 Seniority - An employee's seniority shall be defined as that period from the employee's most recent first day of compensated work within the bargaining unit. 4.3 Layoff/Recall - The Employer shall notify the Association of the need to reduce the number of employees who are on the payroll within the bargaining unit at least sixty (60) calendar days before the effective date of layoff. Such notice shall be given in writing, addressed to the Association and hand delivered to an Association officer or by registered U.S. mail. The notice shall disclose the number of positions affected. Immediately after issuing the notice, the Employer shall give the Association a reasonable period of time, of no less than ten (10) calendar days within which it will meet and confer with the Association to discuss such action. 4.3.1 Each employee who is to be laid off as a consequence of a reduction in force shall be given written notice, at least thirty (30) calendar days, running concurrently with the notice provided in Section 4.3, before such action is to occur, of the date, purpose and nature of the action that is to be taken with regard to him. The notice shall also state the reason for the action and any rights the employee may have under the City Human Resource Policy and Procedures Manual, Civil Service rules, or this Agreement with regard to his/her employment. A copy of the notice shall be timely delivered to the Association within the thirty (30) calendar day notification period. In the event a reduction in force is necessary, the reduction shall proceed in the following order: City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2010 through December 31, 2012 4 a. Employees shall be laid off in reverse order of the Departmental seniority list; the least senior employee in the Department shall be laid off first without regard to rank or classification. b. An employee who is laid off shall be paid for all accrued leave time, including vacation and holiday pay, based on the employee’s straight-time rate of pay as of the date of separation. c. All employees who are reduced in rank or laid off shall not suffer any loss in benefits or entitlement accrued prior to the date of the action,, e.g. holiday, vacation, personal leave, pension, and overtime, earned, accumulated, and unused at the time of reduction in rank or layoff. 4.3.2 In the event of a tie in seniority, the tie shall be broken by the final score on the civil service examination. 4.3.3 The Civil Service Commission and City Human Resource Department shall maintain a list, known as a “rehire list,” of all persons who are laid off. In the event that vacancies occur within the Department while persons remain on the rehire list, the order of the recall shall be determined by reference to the rehire list. The rehire list(s) shall remain in effect for twenty four (24) calendar months after the date of a layoff, unless extended by the Civil Service Commission and shall be used to offer employment that may become available by seniority to all persons who have been laid off, before any person is hired or transferred (from another City department) to become new employees of the Police Department. No person may be hired, nor may any person be transferred from another City Department while any person in that rank remains in a reduced rank or on the rehire list. Any persons who are returned to their former positions shall be placed in the pay step of their former position. 4.3.4 Notice of recall to the employee’s former position shall be given to the employee in writing at his last known mailing address, it being the employee’s obligation to notify the City Human Resource Department of any change in address while on layoff status. The notice shall be by certified mail, return receipt requested. The employee shall be given thirty (30) calendar days to accept an offer of reinstatement, in which case written acceptance shall be sufficient if filed in any form with the Human Resource Department. Any employee who fails to respond to an offer to return to work may be terminated. 4.3.5 If an employee is on layoff status, seniority shall not accrue. Upon returning to work after such leave or layoff, the employee shall be granted the level of seniority previously accrued and shall return at the pay step they attained immediately prior to the layoff. City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2010 through December 31, 2012 5 ARTICLE V SERGEANTS 5.1 Minimum qualifications for Sergeant – An officer must have a minimum of 5 years experience as a commissioned Police Officer and a minimum of 3 years as a Police Officer with the City of Arlington to be eligible to be a Sergeant. 5.2 Promotional testing shall be in accordance with the City’s Civil Service guidelines and procedures. 5.3 The examinations utilized for forming a Sergeant’s promotional list shall be as follows: Written examination, to comprise 40% of the total score Oral board examination, to comprise 60% of the total score 5.4 The Civil Service Commission shall certify the Sergeant promotional list upon the completion of the testing and verification by the Civil Service Examiner. The list shall remain in effect for one year or such time as the list is depleted, whichever occurs first. 5.5 The Chief of Police shall use the “Rule of 7” in selecting Officers from the certified Sergeant promotional list. 5.6 Announcements of the promotional exams shall be posted in the Police Department at least 30 days prior to the test dates. 5.7 Relevant study materials shall be made available to interested employees at the time of posting. 5.8 The Sergeant monthly rates of pay are reflected in Appendix A. 5.9 Master Patrol Officers 5.9.1 Upon the selection and appointment of Sergeants, the title and classification of Master Patrol Officer shall be eliminated. 5.9.2 If a current employee serving as Master Patrol Officer (Step A) is selected from the certified Sergeant promotional list, the employee shall begin as a Sergeant (Step B). If a current employee serving as Master Patrol Officer (Step B) is selected from the certified Sergeant promotional list, the employee shall begin as a Sergeant (Step C). 5.9.3 If a current employee serving as Master Patrol Officer is not selected from the certified Sergeant promotional list, the employee will return to the title of Patrol Officer, but shall remain at his/her rate of pay until the top step Police Officer pay reaches or exceeds that rate of pay. Employees in this situation shall receive any annual cost of living adjustments (COLA) awarded to the bargaining unit. City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2010 through December 31, 2012 6 5.10 Working out of classification: i.e. Acting Sergeant, Acting Commander 5.10.1 At the sole discretion of the Police Chief or designee, an employee may be assigned to perform work in a higher classification (i.e. Sergeant, Commander), if the Police Chief determines that replacing the higher classification position is in the best interests of the City. 5.10.2 Any employee assigned to perform work in a higher classification (i.e. Sergeant, Commander) shall be paid at the higher classification in the pay step, which is the lowest step in the higher classification that still provides an increase over the employee’s regular pay scale. Compensation for work in a higher classification shall become payable on the completion of at least four (4) hours and one (1) minute of one (1) shift in the higher classification per incidence of such out of class work. A shift is defined as the normal work shift of the officer. 5.10.3 This section shall not be construed so as to require the City to assign higher-level duties to anyone. 5.11 Sergeants shall be eligible for additional specialty pay should they hold one of the following specialty positions as outlined in Appendix A, Section A.5 of the current Collective Bargaining Agreement: Detective (4%) Rangemaster (4%) EVOC (4%) Field Training Officer (4%) Defensive Tactics Instructor (4%) 5.12 Officers currently holding the position of School Resource Officer or Airport Resource Officer (Canine Officer) shall be eligible to test for the position of Sergeant, if they meet the minimum qualifications set in Section 5.1. If a School Resource Officer or Airport Resource Officer (Canine Officer) is selected from the certified Sergeant promotional list, that officer must either give up their current position as SRO or ARO or decline the Sergeant promotion. 5.13 Vacancies: The parties acknowledge the value to both the City and the Officers of 24-hour supervision. To effect this purpose to insure the presence of a Sergeant for each patrol team on each shift, the parties agree as follows: 5.13.1 This section shall not be construed so as to require the City to assign higher level duties to anyone if the vacancy is less than four (4) hours. 5.13.2 In the event of an absence or vacancy, either planned or unplanned, the Police Chief or his designee shall, at their sole discretion, assign an employee to fill the open shift. City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2010 through December 31, 2012 7 ARTICLE VI HOURS OF WORK/OVERTIME 6.1 Shift Schedules – Shift schedules shall be determined by the Employer. Employees may trade shifts with the permission of the Chief of Police or designee. Notwithstanding the foregoing and subject to Section 5.1.1 and 5.1.2 below, the Employer shall have the right to schedule probationary employees to any shift at the sole discretion of the Employer. For purposes of this Agreement, the following shift schedules shall apply: Patrol Officers shall work two consecutive twelve (12) hour shifts followed by two (2) consecutive days off, followed by three (3) consecutive twelve (12) hour shifts, followed by two (2) consecutive days off, followed by two (2) consecutive days on, followed by three (3) consecutive days off. 6.1.1 Sergeants are generally deployed to patrol teams. Sergeants are generally deployed on each day shift and night shift on each patrol team. In order to ensure even Sergeant coverage, Sergeants shall bid work shifts first, prior to other officers. Sergeants shall bid for one of the two patrol teams and either dayshift or graveyard shift on that patrol team. Thereafter, officers will bid work shifts in order of seniority with the most senior Sergeant bidding first. For purposes of seniority, Sergeants shall be considered a separate classification. Seniority as an Sergeant shall be determined from the date of promotion to a Sergeant. 6.1.2 Officers shall bid shifts in October of each year to determine work shifts for the following year. Employees without collateral duties shall bid for an available team by seniority. Once teams have been selected, available shift assignments will be bid upon by seniority. Employees with collateral duty assignments, defined herein as Field Training Officers, School Resource Officer, Detectives, Airport Resource Officers/K9 and Anti-Crime Team (“Collateral Duty Officers”) who have the same assignment, shall not be on the same patrol team. The Employer and the Association recognize that operational requirements may necessitate changes in the published shift schedule, as determined by the Chief of Police or designee. 6.2 Work shifts shall be from 6:00 AM to 6:00 PM, 6:00 PM to 6:00 AM or 3:00PM to 3:00 AM. Once bid, work shifts shall not be altered absent a vacancy. In such event, the least senior patrol officer shall be moved to fill the vacancy. In no event may work shifts be altered absent 7 days notice or agreement of the parties. 6.2.1 Officers not assigned to patrol may be scheduled to work 5/8, 5/2 - 5/3, 4/10, 3/12 or other schedules as may be mutually agreed between the Employer and the Association. The School Resource Officer shall work Monday through Friday beginning at 7:00 AM and ending at 3:00 PM during the period of time that school is in session, except as mutually agreed or as necessitated by changes in the school schedule. During the period of time that school is in recess, the SRO shall be assigned to day shift or other shift as mutually accepted by the parties. 6.2.2 Alternate work schedules may be implemented by mutual agreement between the Employer and the Association. City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2010 through December 31, 2012 8 6.3 Meal and Rest Periods - A work shift shall include a thirty (30) minute paid meal period and three (3) fifteen (15) minute paid rest periods. Such rest periods shall not be added to the normal meal period or taken at the end of a work shift. Employees shall be subject to immediate call during meal and rest periods for which no overtime or additional compensation shall be paid. 6.4 Overtime/Compensatory Time - All work assigned and authorized in advance by the Chief of Police or his designee in excess of the regular workweek shall be paid at one and one-half (1 -1/2) times the employee's straight-time rate of pay, or the employee may elect to accrue compensatory time off at one and one-half (1-1/2) times the actual overtime hours worked in lieu of overtime pay. Such compensatory time off shall be scheduled with the approval of the Chief of Police or designee, normally within the next regular calendar monthly pay period. In the event such compensatory time off cannot be so scheduled, the employee shall be paid for the overtime as specified above. Employees may accrue up to a maximum of ninety six (96) hours of compensatory time. Any hours accrued in excess of said ninety-six (96) hours shall be paid in accordance with this Section. 6.5 The Employer shall not reschedule regular work shifts with less than seven (7) calendar days advance notice, except for emergency conditions, defined as situations in which the Employer is unable to fulfill the present scheduling commitments and basic law enforcement responsibilities without interrupting the present regular work schedule. Emergency conditions shall normally not include holidays, vacations, court appearances, training sessions, school classes or functions and/or other special events that could otherwise be foreseen and scheduled seven (7) days in advance. ARTICLE VII CALLBACK, COURT TIME STANDBY PAY AND TRAINING/MEETINGS 7.1 Callback - An employee who is called back to work, including for training and Departmental meetings, after having completed his normal shift and having left the premises, shall receive callback pay of a minimum of three (3) hours at the overtime rate of pay; provided however, an employee who is required to report to work prior to his normal shift and is compensated for all time prior to commencement of his regular shift, shall be compensated for such pre-shift hours at one and one-half (1 -1/2) times the employee's regular straight-time rate of pay. 7.2 Court Appearances - Required off-duty appearances in any court or hearing shall be compensated for the actual time required for the appearance with a minimum of three (3) hours at one and one-half (1-1/2) times the employee's straight-time rate of pay. City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2010 through December 31, 2012 9 ARTICLE VIII WAGES AND DEFERRED COMPENSATION PLAN 8.1 Wages - Employees covered by this Agreement shall receive the rates of pay as set forth in Appendix "A" to this Agreement which by this reference shall be incorporated herein as if set forth in full. Wage steps shall be 4.5%. Appendix “A” shall reflect the following wages increases: a. Effective January 1, 2010, the wages in Appendix “A” reflect wage increases of 0%. b. Effective January 1, 2011, wage rates shall increase by 0%. c. Effective January 1, 2012, wage rates shall be increased by the CPI-U (July 2010-June 2011 for Seattle-Tacoma-Bremerton), with a minimum of 0% and a maximum of 2.5%. 8.2 Deferred Compensation Plan - The employee shall have the option of participating in any deferred compensation plan offered by the City. ARTICLE IX HOLIDAYS 9.1 The following days are recognized as holidays: New Year's Day Labor Day Martin Luther King's Day Veteran's Day President's Day Thanksgiving Day Memorial Day Day After Thanksgiving Day Independence Day Christmas Day Two (2) Personal Holidays for 12 hour employees or Three (3) Personal Holidays for 8 hour employees 9.2 Payment for all holidays shall be made once a year on the first regular payday of November. Payments for those employees with less than twelve (12) consecutive months of continuous employment as of November 30th shall be prorated. Employees who permanently change assignments shall receive pro-rated holiday benefits based on the number of holidays remaining in the year from the date of reassignment. Employees (other than those assigned to patrol) required to work on a holiday shall be paid at one and one-half (1-1/2) their straight-time rate of pay. 9.3 Employees assigned to patrol required to work on a holiday shall be compensated at their regular straight-time rate of pay. Employees assigned to patrol shall receive one hundred forty-four (144) hours of pay annually in lieu of holidays. 9.4 Employees may schedule and observe their personal holidays (either two 12 hour shifts or three 8 hour shifts) with the prior approval of the Chief of Police or designee following City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2010 through December 31, 2012 10 six (6) months of continuous employment. Employees hired June 1st or after in any one (1) year shall be eligible for the equivalent of twelve personal holiday hours or pay for that year. Eligible employees who elect the option to observe all their Personal Holidays as days off shall only receive one-hundred and twenty (120) hours of the pay specified in Section 8.2. ARTICLE X VACATIONS 10.1 Regular full-time employees shall accrue vacation time as set forth below based on the employee's continuous length of service as of the most recent anniversary date of his employment. An employee shall not be eligible to take accrued vacation time off with less than six (6) months continuous employment since his most recent date of employment. Length of Continuous Employmen Monthly Accrual Yearly Accrual 0 to 12 months 8 hours 96 hours 13 through 24 months 10 hours 120 hours 25 through 36 months 12 hours 144 hours 37 through 48 months 14 hours 168 hours 49+ months 16 hours 192 hours The maximum amount of vacation to be carried over from one calendar year to the next is 300 hours. 10.2 Vacation periods shall be selected by seniority. Vacation requests shall be submitted in writing by January 1st for proper scheduling. Vacation requests submitted after January 1st shall be responded to by the Chief of Police or designee within two (2) weeks following submittal. After the January 1st date any vacation requests shall be subject to availability. 10.3 In no event shall an employee's combined vacation and sick leave benefits payable upon termination or retirement exceed two-hundred forty (240) hours in accordance with RCW 41.50.150. 10.4 During the term of this Agreement, the Chief of Police or designee will on an ongoing basis evaluate and determine the ability of the Department to absorb military leave time in determining the number of employees scheduled off on vacation. 10.5 Vacation Cashout a. In May 2012, employee’s shall be allowed to cashout vacation hours, not to exceed forty (40) hours. In order to be eligible to cashout vacation hours, employees must have a minimum of eighty (80) hours of vacation hours available after cashout. City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2010 through December 31, 2012 11 b. The bargaining unit must provide a list of employees wishing to cashout vacation hours and the amount of hours to the City’s Finance Department no later than April 30, 2012. c. The cashout of vacation hours shall be done through the City’s payroll system and is subject to all applicable taxes and deductions. ARTICLE XI SICK LEAVE, FAMILY LEAVE AND FUNERAL LEAVE 11.1 Sick Leave - Regular full-time employees (regular part-time employees prorated) shall accumulate sick leave with pay at the rate of twelve (12) hours per month of service; provided however, no employee shall be credited with an accumulation greater than one thousand (1,000) hours. 11.1.1 Accrued sick leave may be utilized in the event of an employee's personal illness, accident or disability, or that of a member of the employee's immediate family as defined by Section 10.2.1 below. 11.1.2 Sick Leave may be utilized for care of dependent children eighteen (18) years of age or younger living within the household in accordance with applicable state statutes. 11.1.3 Upon voluntary quit, disability retirement or retirement, employees shall be paid for unused sick leave on the basis of eight (8) hours for every twenty-four (24) hours of accumulated sick leave, subject to Section 10.1.4. 11.1.4 In no event shall an employee receive combined sick leave and vacation benefits payable upon termination or retirement exceeding two hundred forty (240) hours in accordance with RCW 41.50.150. 11.1.5 Sick leave shall not be charged against an employee on a regularly scheduled day off. 11.1.6 Sick leave shall be granted upon application before or within reasonable time after the absence, depending on the circumstance of each case. Each employee shall use sick leave solely for the purposes permitted by this Article or by state law. Utilization of sick leave for any other purpose shall be cause for disciplinary action. The Employer may require that the employee, after three (3) days of concurrent illness, furnish a physician’s proof of illness. 11.1.7 Sick leave benefits shall run concurrently with Law Enforcement Officers and Fire Fighters (LEOFF) provisions and in no case shall there be application of benefits which would exceed the maximum(s) outlined in the LEOFF Act. No sick leave shall be accrued during disability leave. 11.1.8 In the event employees are absent for reasons which are covered by State Industrial Insurance, the Employer shall pay the employee an amount equal to the difference City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2010 through December 31, 2012 12 between the amount paid the employee by the Department of Labor and Industries and the amount the employee would have otherwise been eligible to receive in sick leave. Such payment(s) to the employee shall be made at such times as the difference is reasonably determinable. A deduction shall be made from the employee's accumulated sick leave in accordance with the amount paid to the employee by the Employer until such time as the employee’s accumulated sick leave is depleted. Employees shall have the option of using or not using accrued sick leave in conjunction with State Industrial. 11.2 Emergency Leave - In the event of a death or critical illness in the employee's "immediate family", he may be granted leave of absence not to exceed three (3) working days with pay. 11.2.1 The term "immediate family" shall be defined as spouse and children of the employee and/or grandmother, grandfather, mother, father, brother, sister, father-in-law, mother-in- law. 11.2.2 An employee on shift may be excused by the Chief of Police or designee to attend funeral services of a deceased City employee without loss of pay. 11.3 Family Leave - Notwithstanding any provision to the contrary that may be contained elsewhere within this Agreement, employees shall be entitled to up to twelve (12) weeks unpaid, job protected leave during any twelve (12) month period for any of the following reasons: (1) the birth or placement of a child for adoption or foster care; (2) to care for an immediate family member with a serious health condition; or (3) to take medical leave when the employee is unable to work due to a serious health condition. During such leave period the Employer shall continue the employee's health insurance benefits on the same basis as active employees. EFFECTIVE JANUARY 1, 2011 THROUGH JULY 31, 2011, ARTICLE XII SHALL READ AS FOLLOWS: ARTICLE XII HEALTH AND WELFARE INSURANCE BENEFITS 12.1 General - Eligibility and continued employee and dependent participation in any group insurance or other financially based benefit plan provided by the Employer shall be in accordance with the applicable Group Insurance Plan Document or Master Plan Agreement. 12.2 Employee Group Medical - The Employer shall provide such group medical insurance coverage, for those employees to whom it applies, as mandated by RCW 41.26, the Law Enforcement and Fire Fighter Retirement System Laws of 1969, as revised and/or amended. 12.2.1 The Employer shall pay one hundred percent (100%) of those premiums necessary to maintain coverage under the AWC Employee Benefit Trust, Plan A, for enrolled City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2010 through December 31, 2012 13 employees during the term of this Agreement. Both parties acknowledge that AWC has indicated its intention to terminate the AWC Employee Benefit Trust, Part A. In the event that occurs during the term of this agreement, the parties shall renegotiate the terms of this article. 12.3 Dependent Group Medical - The Employer shall pay ninety percent (90%) and the employee shall pay ten percent (10%) of the required premiums necessary for eligible enrolled dependents of employees covered by this Agreement in the AWC Employee Benefit Trust, Plan A. 12.4 Group Dental - The Employer shall pay one hundred percent (100%) of the premiums for eligible enrolled employees and their dependents for coverage under the AWC Group Dental Plan during the term of this Agreement. 12.5 Group Vision - The Employer shall pay one hundred percent (100%) of the premiums for eligible enrolled employees and their dependents for coverage under the AWC Group Vision Care Plan during the term of this Agreement. 12.6 Group Long Term Disability - The Employer shall pay one-hundred percent (100%) of the premiums for eligible enrolled employees only for coverage under the AWC Group Long Term Disability Insurance Plan during the term of this Agreement. 12.7 Group Life and Accidental Death and Dismemberment Insurance (AD&D) - The Employer shall pay one hundred percent (100%) for the premiums for eligible enrolled employees only for coverage under the AWC Group Life and AD&D Insurance Plan during the tern of his Agreement. 12.8 The Employer reserves the right to change group insurance carriers at any time at its sole discretion, providing a generally comparable level of benefits are provided. In the event that State or Federal Mandated group medical and/or dental program is available at lower cost to the Employer during the term of this Agreement, the Employer shall have the right to implement such plan upon its availability. EFFECTIVE AUGUST 1, 2011, ARTICLE XII SHALL READ AS FOLLOWS: Article XII HEALTH AND WELFARE INSURANCE BENEFITS 12.1 General – Eligibility and continued employee and dependent participation in any group insurance or other financially based benefit plan provided by the Employer shall be in accordance with the applicable Group Insurance Plan Document or Master Plan Agreement. 12.2 Medical and Dental Benefit The Employer agrees to pay the premium cost for all employees and their dependents for the medical, dental and life insurance coverage mutually agreed upon by the Union and the Employer less 1% of top step police officer, which will be paid by the Employee. City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2010 through December 31, 2012 14 12.2.1 The Union and the Employer agree that the medical insurance will be through LEOFF Health and Welfare Trust. 12.2.2 The Union and the Employer agree that the dental insurance will be through Washington Dental Service. 12.2.3 The Union and the Employer agree that the life insurance will be through The Standard Insurance Company. 12.3 Health Reimbursement Arrangement (HRA): 12.3.1 The City has adopted the Voluntary Employees’ Beneficiary Association Medical Expense Plan for Public Employees in the Northwest (“Plan”) as the HRA for the bargaining group. The Employer will establish a single account for each employee which holds all HRA funds. All costs associated with the account are Employer costs. Monthly, the Employer shall fund the HRA account with real dollars for each bargaining unit member as follows: Employee with no spouse or dependent $166.00 Employee with spouse and/or dependent $333.00 12.3.2 The HRA may be used for all IRS allowable expenses. 12.3.3 Accumulated balances will rollover each year with no cap on accumulated account totals. 12.3.4 Individual account funds shall rollover accumulated amounts as indicated above and shall include a survivorship option in the event of the Employees death and have continued reimbursement rights until all funds are used. 12.3.5 Individuals separating from the Employer shall continue to have access to their HRA balance (until depleted) as provided above. Employees separating with a negative HRA balance shall have the amount deducted from their final pay. 12.4 HRA Third Party Administrator - The HRA Third Party Administrator (TPA) shall be VEBA Service Group LLC. All costs associated with the TPA are Employer costs. 12.5 Benefits while on leave without pay or separation (within COBRA): The Employer will make available to the Employee on leave without pay or separated from the Employer the current medical and dental benefits at no cost to the Employer to the extent allowed under COBRA Law. 12.6 Benefit while on Disability Leave: The Employer will provide Employees on disability leave the benefit outlined in this Article. 12.7 The Employer reserves the right to change group insurance carriers at any time at its sole discretion, providing a generally comparable level of benefits are provided. In the event City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2010 through December 31, 2012 15 that State or Federal Mandated group medical and/or dental program is available at lower cost to the Employer during the term of this Agreement, the Employer shall have the right to implement such plan upon its availability. ARTICLE XIII UNIFORM, CLOTHING ALLOWANCE AND CLEANING ALLOWANCE ACCOUNT 13.1 The Employer shall provide each new regular full-time police officer with the following list of uniform, weapon, handcuffs, leather goods and other equipment authorized and required. UNIFORM ITEMS Shirts - Long Sleeve 3 each Shirts - Short Sleeve 3 each Trousers 3 each Jumpsuit 1 each Hat (dress) 1 each Stocking cap / beanie 1 each Ties 2 each Tie Pin 1 each Jacket (utility) 1 each Approved Chemical Agent 1 each Chemical Agent Holder 1 each Baton 1 each Baton Holder 1 each Handcuffs 1 each Handcuff Holder 1 each Holster 1 each Magazine Holder 2 each Uniform Belt 1 each Underbelt 1 each Keeper 2 each Flashlight Holder 1 each Radio Holder and Ear Piece 1 each Body Armor 1 each Weapon 1 each Lock Box 1 each Shoes 1 pair Boots 1 pair Collar “Mike” 1 each Patrol Gloves (Department Selected) 1 pair Equipment Belt 1 each Raincoat 1 each City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2010 through December 31, 2012 16 13.2 Uniform Cleaning - All uniform cleaning shall be done by a cleaning service vendor selected and paid for by the Employer at the Employer’s sole discretion. 13.3 Uniform Replacement - The Employer shall replace or repair all approved uniforms and equipment as necessary as determined in the discretion of the Employer and at the Employer’s sole cost and expense. 13.4 All initial issue and replacement uniforms and equipment items and vendor(s) shall be approved in advance by the Chief of Police or designee. 13.5 The Chief of Police or designee shall determine the appropriate uniform for each work shift. 13.6 All uniforms and equipment issued by the Employer to each employee shall remain the property of the Employer. 13.7 The Chief of Police or designee shall determine the appropriate uniform for each work shift. ARTICLE XIV MISCELLANEOUS 14.1 Civil Service - The Employer shall furnish each employee covered by this Agreement with a copy of the current City of Arlington Civil Service Commission Rules and Regulations. 14.2 Beneficiary - In the event of the death of an employee covered by this Agreement, all wages and benefits payable shall be paid to the designated beneficiary(s) or estate. 14.3 Accreditation - Should the Arlington Police Department seek accreditation by the Washington Association of Sheriffs and Police Chiefs (WASPC), the Association and employees covered by this agreement pledge their full cooperation toward the Department obtaining said accreditation. 14.4 Outside Employment - All outside employment by members of the bargaining unit must be approved in advance by the Chief of Police or designee. 14.5 Physical Fitness - The City agrees to make available to any bargaining unit member discounts available to other City employees at health and fitness facilities. In addition, the City will make available to bargaining unit members the exercise facilities at the Arlington Fire Department and the Arlington High School. 14.6 Firearm Training Ammunition - Employees shall be furnished fifty (50) rounds of ammunition per month for use in training with their Department issued side weapon. The employee shall be required to turn in to the Chief of Police or his designee, or all City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2010 through December 31, 2012 17 expended brass of the same caliber in order to receive the second and subsequent monthly training ammunition allotments. ARTICLE XV DISCIPLINE 15.1 The Employer shall not discipline an employee who has completed the probation period without just cause, but in respect to discharge or suspension shall be given at least one (1) warning letter of the complaint against such employee to the employee in writing and a copy of the same to the Association, except that no warning letter need be given to an employee before he is discharged or suspended if the cause of such discharge or suspension is for theft, gross insubordination and/or drunkenness on duty, and/or issues of parallel magnitude. Warning letters to be considered as valid, shall be issued within thirty (30) days after the occurrence or knowledge of the occurrence of this violation by the Employer in such warning letter, or other reasonable time, unless the nature of the offense or the complexity of the investigation makes this procedure impractical. 15.2 An employee may have an Association representative or another employee present at all meetings with the Employer during disciplinary or discharge proceedings. 15.3 Disciplinary action or measures may include oral reprimand, written warning, loss of leave, suspension or discharge, or other appropriate action. 15.4 All employees have the right to view their entire personnel file. Employees wishing to view their files shall give the City advanced notice and establish an agreed time and place to view said file. An employee shall be permitted to read any disciplinary material before it is placed in his/her file. The employee shall be able to rebut such material in writing and the rebuttal will be placed in the file. The City will notify employees before any disciplinary or otherwise negative materials are added to their files. ARTICLE XVI GRIEVANCE PROCEDURE 16.1 All matters pertaining to the proper application and interpretation of any and all of the provisions of this Agreement shall be adjusted by utilizing the following procedure or referral to the City of Arlington Civil Service Commission for resolution. 16.2 STEP 1 - The Association and/or employee shall promptly attempt to resolve the grievance informally with the Chief of Police or designee. If the matter is not resolved informally the Association may refer the grievance in writing to the City Administrator or designee within thirty (30) days of its occurrence or the date the employee should have reasonably known of its occurrence. The written grievance shall include a statement of the facts of the matter, the Article of the Agreement allegedly violated, and the remedy sought. The City Administrator or designee shall notify the employee and the Association within fourteen (14) work days of his or her decision on the matter. City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2010 through December 31, 2012 18 If no resolution to the grievance is reached after the City Administrator’s decision, the Association and the Employer may mutually agree to submit the grievance to mediation. Within fourteen (14) calendar days, the two (2) parties shall agree upon a mediator drawn from a panel of neutral mediators trained in grievance mediation. The mediator will attempt to assure that all necessary facts and considerations are disclosed, but will not have authority to compel resolution of the grievance. The parties will not be limited solely to the facts and arguments presented at the earlier steps of the grievance procedure. No transcript or record of the mediation conference will be made, nor will formal rules of evidence be followed. 16.3 STEP 2 - If the grievance is not settled in STEP 1, the Association may refer the grievance to arbitration. If the Employer and the Association cannot mutually agree to a neutral arbitrator, the parties shall jointly request a list of nine (9) names of qualified arbitrators from the Public Employment Relations Commission. The Association and the Employer shall alternately strike names from the list until only one (1) name remains, which shall serve as the neutral arbitrator. The right to strike first shall be determined by the flip of a coin. The arbitrator shall hold a hearing and issue a decision which shall be final and binding on both parties; provided however, the arbitrator shall have no power to render a decision that will add to, subtract from, alter, change or modify the terms of this Agreement, and the arbitrator's power shall be limited to interpretation and application of the express terms of this Agreement. 16.4 It is expressly acknowledged that bargaining unit members have the option of pursuing certain grievances through the Arlington Civil Service Commission. The Association shall not pursue a grievance through the grievance procedure of this Agreement concerning any matter filed by an individual employee with the Civil Service Commission. Such filing with the Civil Service Commission constitutes an election of remedies. 16.5 Each party shall bear the cost of presenting its own case. The expenses of the arbitrator shall be shared equally by the Employer and the Association. 16.6 Time limits may be waived by mutual agreement of the parties. ARTICLE XVII MANAGEMENT RIGHTS 17.1 All management rights, power, authority and functions, whether heretofore or hereafter exercised, and regardless of the frequency or infrequency of their exercise, shall remain vested exclusively in the Employer. It is expressly recognized that such rights, powers, authority and functions include, but are by no means whatever limited to the full and exclusive control, management and operation of its business and its activities, business to be transacted, functions to be performed and method pertaining thereto; the location of its offices, places of business and equipment to be utilized and the layout thereof; subject to the terms of this Agreement and any statutory obligation to bargain the right to establish or change shift schedules of work, evaluations and standards of performance; the right to City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2010 through December 31, 2012 19 establish, change, combine or eliminate jobs, positions, job classifications and descriptions; the right to establish compensation for new or change jobs or positions; the right to establish new or change existing procedures, methods, processes, facilities, or make technological changes; the right to maintain order and efficiency; consistent with existing practice the right to contract or subcontract any work; the right to designate the work and functions to be performed by the employees covered by this Agreement and the places where it is to be performed; the determination of the number, size and locations of its office and other places of business of any part hereof, the right to make and enforce safety and security rules and rules of conduct; the determination of the number of employees and the direction of the employees, including but by no means whatever limited to hiring, selecting, assigning and training of new employees, disciplining, suspending or discharging for just cause. 17.2 The Employer and the Association agree that the agreement statement of management rights shall be for illustrative purposes only and is not to be construed or interpreted so as to exclude those prerogatives not mentioned which are inherent to management including those prerogatives not granted by law. It is the intention of the Employer and the Association that the rights, powers, authority and functions of management shall remain exclusively vested in the Employer except insofar as expressly and specifically surrendered or limited by the express provisions of the Agreement. The exercise of these rights shall not be subject to the grievance procedure of this Agreement. The Employer and the Association further agree that nothing contained in this Article shall be deemed to waive the Association’s rights under RCW 41.56 et seq to bargain changes in mandatory subjects of bargaining. ARTICLE XVIII NO STRIKES OR LOCKOUTS 18.1 The Employer and the Association recognize that the public interest requires the efficient and uninterrupted performance of all Employers’ services and to this end pledge their best efforts to avoid or eliminate any conduct contrary to this objective. During the term of this Agreement the Association shall not cause or condone any work stoppage, strike, slowdown or other interference with Employer functions by employees under this agreement, and should same occur, the Association shall take all steps to end such interference immediately. Employees who engage in any of the afore-referenced actions may be subject to disciplinary action up to and including discharge. The Employer shall not lock out any employee during the life of this Agreement. Any claim by the Employer that the Association has violated this Article shall not be subject to the grievance procedure of this Agreement and the Employer shall have the right to submit such claims to the courts. ARTICLE XIX SEPARABILITY AND SAVINGS 19.1 Should any provision of this Agreement be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance or enforcement of any provisions should be restrained by such tribunal pending a final determination as to its validity, the City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2010 through December 31, 2012 20 remainder of this Agreement as it relates to persons or circumstances other than those to which it has been held invalid shall not be affected thereby. In the event that any provision of this Agreement is held invalid or enforcement of or compliance with the same has been restrained, as hereinafter set forth, the Employer and the Association shall enter into immediate collective bargaining negotiations, upon the written request of either party, for the purpose of arriving at a mutually satisfactory replacement for such provision during the period of invalidity or restraint. ARTICLE XX DURATION 20.1 This Agreement shall be effective January 01, 2010, unless otherwise provided for herein, and shall remain in full force and effect through December 31, 2012, and year to year thereafter, unless written notice is given by the Employer to the Association or the Association to the Employer not later than September 01, 2012 to the effect that the Employer or the Association wishes to terminate or modify the Agreement. ARLINGTON POLICE OFFICERS ASSOCIATION CITY OF ARLINGTON By _____________________________________ By ________________________________ Rory Bolter, President Margaret Larson, Mayor Date ___________________________________ Date ______________________________ City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2010 through December 31, 2012 21 APPENDIX "A" to the AGREEMENT by and between THE CITY OF ARLINGTON, WASHINGTON and ARLINGTON POLICE OFFICERS ASSOCIATION (Representing the Law Enforcement Officers) January 01, 2010 through December 31, 2012 THIS APPENDIX is supplemental to the AGREEMENT by and between the CITY OF ARLINGTON, WASHINGTON, hereinafter referred to as the Employer, and ARLINGTON POLICE OFFICERS ASSOCIATION, hereinafter referred to as the Association. A.1 Effective January 01, 2010, the monthly rates of pay for employees covered by this Agreement shall be as follows: POLICE OFFICER STEP A STEP B STEP C STEP D STEP E STEP F 0-12 M 13-24 M 25-36 M 37-48 M 49 60 M 61+ M 4,609 4,825 5,054 5,292 5,541 5,802 SERGEANT STEP A STEP B STEP C STEP D STEP E STEP F 0-12 M 13-24 M 25-36 M 37-48 M 49 60 M 61+ M 6,383 6,670 6,970 7,283 7,611 7,954 A.2 Wage Step Increases - Any wages STEP increase shall become effective the first of the month coincident with or next following the employee's anniversary date of employment. A.3 Longevity Pay - Longevity pay shall be administered as follows: A.3.1. Starting with the 6th year of service: 2% Starting with the 9th year of service: 4% Starting with the 12th year of service: 6% Starting with the 18th year of service, 8% A.3.2. Longevity shall be calculated from the employee’s base monthly salary, not including any incentive pay for education or specialties City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2010 through December 31, 2012 22 A.3.3. Longevity shall be added to the employee’s base monthly salary. A.3.4. Longevity adjustments shall become effective the first of the month, coincident with or next following the employee’s anniversary date of employment. A.4 Specialty Pay - An employee assigned the duty of Rangemaster, EVOC, Defensive Tactics Instructors, Field Training Officers, School Resource Officer, Detective, Airport Resource Officer and Anti-Crime Team shall receive a premium equal to four percent (4%) of his/her base rate of pay during the period of such assignment. A.5 Education Incentive Pay – A.5.1 Employees covered by this Agreement with an Associate of Arts or Science degree in the Criminal Justice field, Behavioral Science(s), Public Administration or an allied field subject to the approval of the City Administrator or his or her designee shall receive an extra two percent (2%) of the applicable wage rate in Section A.1 or as amended. A.5.2 Employees covered by this Agreement with a Bachelor of Arts or Science degree in the Criminal Justice field, Behavioral Science(s), Public Administration or an allied field approved by the City Administrator or designee shall receive an extra four percent (4%) of the applicable wage rate in Section A.1 or as amended. A.5.3 Employees covered by this Agreement with a Masters of Arts or Science degree in the Criminal Justice field, Behavioral Science(s), Public Administration or an allied field approved by the City Administrator or designee shall receive an extra six percent (6%) of the applicable wage rate in Section A.1 or as amended. A.6 Employees wishing to pursue higher education (i.e., AA, BA/BS, MA/MS, etc.) may apply for education assistance for courses taken at an accredited college or university. Approval must be obtained prior to commencement of each course per semester. Generally, approval for reimbursement of educational expenses requires that the course be directly related to the employee’s present position or to a career path that reasonably relates to similar types of positions or bargaining unit work. Initial approval of a course does not obligate the City to future/continued approval of courses in that field of study. A.7 Non-Pyramiding. Premium and Overtime Pay shall not be duplicated or pyramided except as may be required by the Fair Labor Standards Act. In no event shall premium or overtime pay be based on other than the employee’s regular straight time hourly rate of pay. If an employee holds more than one specialty pay title (e.g., Rangemaster and EVOC), that employee shall receive no more than one (1) four percent (4%) pay increase under paragraph A.5, above. City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2010 through December 31, 2012 23 A.8 Detective Clothing Allowance A.8.1. Detectives, by virtue of the nature of their assignment, are required to dress in “plainclothes” while on duty. Further, this attire must be suitable for both routine duties and for appearance in Court and other legal proceedings. A.8.2. In order to compensate Detectives for the purchase, cleaning and wear and tear on their clothes while on duty, Detectives shall receive a yearly clothing allowanceof $650.00 per year. A.8.3. The Detective clothing allowance shall be paid by separate check in January of each year for employees currently assigned as Detective. A.8.4. Employees newly assigned to a Detective position shall receive the clothing allowance prior to the start of their assignment. A.9 Canine Officers A.9.1. On average, K-9 Officers spend approximately thirty (30) minutes per day in compensable off-duty time for the routine duty related care and maintenance of an assigned dog. For purposes of compensating K-9 Officers for this off-duty work, the parties agree that K-9 Officers shall be compensated at the rate of three and one-half (3 ½) hours per week at the Officer’s regular rate of pay for purposes of full compensation for routine care and maintenance of the dog. A.9.2. In the event of serious injury or illness of the dog requiring multiple visits to the veterinarian and/or extended home care by the K-9 Officer, the K-9 Officer shall be paid for actual hours worked off duty necessary to care for the dog. The regular rate of pay for this work shall be the Officer’s regular rate of pay. The K-9 Officer shall notify the Chief of Police or his/her designee in the event such a circumstance arises. A.9.3. The provisions of this agreement apply exclusively to the off-duty, at- home care and maintenance of the dog. All other provisions of the collective bargaining agreement between the parties relating to compensation shall remain in full force and effect and are not modified by this agreement. A.9.4. The City reserves the right to remove the K-9 from service and relieve the K-9 Officer from the responsibility to care for the K-9 at any time. Provided, if the K-9 is removed from service with the City, the K-9 Officer shall have the option to purchase the dog from the City for $1.00. A.10. Traffic Officer A.10.1 The Traffic Services Officer position is intended to assist in the reduction of traffic collisions and traffic-related issues, and to improve safety for motorists on roadways in the City of Arlington. The Traffic Services Officer assignment may include, but is not limited to: traffic violation enforcement, commercial vehicle enforcement, collision investigation, public awareness education, city employee driving training, emergency vehicle operation course instruction, speed measuring device instruction, acting as a liaison to Washington State traffic enforcement programs, and obtaining traffic safety grants. City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2010 through December 31, 2012 24 A.10.2 Work Days/work hours: The Traffic Services Officer(s) shifts will be mutually agreed upon as outlined in the current Collective Bargaining Agreement. The work hours will be determined by the Chief or his designee and Traffic Service Officer and notice of a schedule adjustment will follow the current collective bargaining agreement. A.10.3 Traffic Officers will receive an additional premium equal to four percent (4%) of their base monthly pay. ARLINGTON POLICE OFFICERS ASSOCIATION CITY OF ARLINGTON By _____________________________________ By ________________________________ Rory Bolter, President Margaret Larson, Mayor Date ___________________________________ Date ______________________________ City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2010 through December 31, 2012 25 APPENDIX "B" to the AGREEMENT by and between THE CITY OF ARLINGTON, WASHINGTON and ARLINGTON POLICE OFFICERS ASSOCIATION (Representing the Law Enforcement Officers) January 01, 2010 through December 31, 2012 THIS APPENDIX is supplemental to the AGREEMENT by and between the CITY OF ARLINGTON, WASHINGTON, hereinafter referred to as the Employer, and ARLINGTON POLICE OFFICERS ASSOCIATION, hereinafter referred to as the Association. B.1. In recognition of the economic factors facing the City, the Association membership has accepted a 0% COLA for 2010 and 2011. In recognition of this sacrifice, the City agrees to pay each bargaining unit member a $500 signing bonus. This bonus shall be payable in the first payroll after the contract and all appendices have been ratified by all parties. ARLINGTON POLICE OFFICERS ASSOCIATION CITY OF ARLINGTON By _____________________________________ By ________________________________ Rory Bolter, President Margaret Larson, Mayor Date ___________________________________ Date ______________________________ City of Arlington Council Agenda Bill AGENDA ITEM: New Business #6 ATTACHMENT G COUNCIL MEETING DATE: June 6, 2011 SUBJECT: Authorize the Mayor to sign the 2011-2013 Collective Bargaining Agreement with IAFF Local No. 3728 DEPARTMENT OF ORIGIN: Executive ATTACHMENTS: Collective Bargaining Agreement with IAFF Local No. 3728 (strikeout and clean) EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: City Attorney reviewed Collective Bargaining Agreement DESCRIPTION: Council is requested to authorize the Mayor to sign the 2011-2013 Collective Bargaining Agreement with IAFF Local No. 3728, representing uniformed Firefighters of the City of Arlington. HISTORY: The City and the IAFF Local No. 3728 began negotiations on a successor Collective Bargaining Agreement in August 2010. Negotiations concluded in April 2011 with the attached Tentative Agreement. ALTERNATIVES: Do not authorize the Mayor to sign the 2011-2013 Collective Bargaining Agreement with IAFF Local No. 3728 and direct staff to return to the bargaining table for further negotiations. RECOMMENDED MOTION: I move Council authorize the Mayor to sign the 2011-2013 Collective Bargaining Agreement with IAFF Local No. 3728. Ratified Collective Bargaining Agreement 2008 2011 – 2010 2013 IAFF Local No. 3728 AGREEMENT by and between THE CITY OF ARLINGTON and ARLINGTON FIREFIGHTERS ORGANIZATION LOCAL NO. 3728 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS January 1, 2008 2011 through December 31, 20102013 Ratified Collective Bargaining Agreement 2008 2011 – 2010 2013 IAFF Local No. 3728 2 TABLE OF CONTENTS Article 1 Preamble . . . . . . . 4 Article 2 Recognition and Union Membership . . . . 4 Article 3 Duration . . . . . . . 5 Article 4 Management Rights . . . . . . 5 Article 5 Non-Discrimination . . . . . . 6 Article 6 No Strikes or Lockouts . . . . . . 6 Article 7 Separability and Savings . . . . . 7 Article 8 Mergers, Acquisitions, Alliances, or Consolidations . . 7 Article 9 Union Business and Bulletin Board . . . . 7 Article 10 Discipline . . . . . . . 8 Article 11 Grievance Procedure . . . . . . 9 Article 12 Hours of Work . . . . . . . 11 Article 13 Health and Welfare Insurance . . . . . 13 Article 14 Acting Pay . . . . . . . 14 Article 15 Incentive Pay . . . . . . . 14 Article 16 Longevity Pay . . . . . . . 15 Article 17 Callback Pay / Overtime . . . . . 16 Article 18 Shift Vacancies . . . . . . . 16 Article 19 Holidays . . . . . . . 16 Article 20 Vacation Leave . . . . . . . 17 Article 21 Sick Leave . . . . . . . 19 Article 22 Shared Leave . . . . . . . 20 Article 23 Military Leave . . . . . . . 20 Article 24 Family & Medical Leave . . . . . 20 Ratified Collective Bargaining Agreement 2008 2011 – 2010 2013 IAFF Local No. 3728 3 Article 25 Jury Duty . . . . . . . 20 Article 26 Bereavement Leave . . . . . . 20 Article 27 Personal Leaves of Absence . . . . . 21 Article 28 Probation Periods . . . . . . 21 Article 29 Seniority . . . . . . . 21 Article 30 Legal Protection . . . . . . 21 Article 31 Prevailing Rights . . . . . . 22 Article 32 Light Duty . . . . . . . 22 Article 33 Shift Bids . . . . . . . 22 Article 34 Personnel Reduction . . . . . . 23 Article 35 Physical Fitness . . . . . . . 25 Article 36 Shift Exchanges . . . . . . . 26 Article 37 Promotions . . . . . . . 27 Article 38 Paramedic Vesting . . . . . . 27 Article 39 Medical Certification and Training . . . . 28 Article 40 Uniforms and Clothing . . . . . . 29 Article 41 Training Captain . . . . . . 29 Article 42 EMS Lead . . . . . 30 Article 4342 Deferred Compensation . . . . . . 30 Article 4443 Term of AgreementLateral Transfer Employees 31 Appendix A . . . . . . . . . 32 Appendix B . . . . . . . . . 34 Appendix C xx Ratified Collective Bargaining Agreement 2008 2011 – 2010 2013 IAFF Local No. 3728 4 Article 1 PREAMBLE 1.1 This Agreement is entered into effective January 1, 20082011, between the City of Arlington and Local No. 3728, International Association of Firefighters. The parties recognize that the Mayor is the Chief Executive Officer and the Fire Chief, or designee, is the official of the day-to-day operations of the Fire Department. Accordingly, the term “Employer” and “City” shall be used herein and shall apply interchangeably to those officials or their authorized designees. Local No. 3728, IAFF, shall herein be referred to as the “Union” or “Bargaining Unit Members.” 1.2 The Employer and the Union recognize the need to provide efficient service to the public and to enhance the quality of service. Further, both parties agree to the need for establishing and maintaining a sound labor-management relationship and mutually agree to continue working toward this goal. Each party has been afforded the opportunity to put forth all its proposals and to bargain in good faith and both parties agree that this Agreement expresses the results of their negotiations. Therefore, to ensure the stability of this Agreement, no new provisions shall be proposed during the term of the Agreement, unless provided for elsewhere in this Agreement or such specific proposal is entertained by mutual agreement of the parties in writing. Article 2 RECOGNITION AND UNION MEMBERSHIP 2.1 The Employer recognizes the Union as the sole and exclusive bargaining agent for all regular full-time uniformed Fire And Emergency Medical Service employees of the City of Arlington Fire Department, excluding supervisors, confidential employees, part-time employees, per diem personnel and non-uniformed employees, consistent with Public Employment Relations Commission Decision 5814, Case 12858-E-96-2152, dated January 30, 1997. 2.2 All employees covered by this Agreement shall, as a condition of continued employment, within thirty-one (31) days of employment become and remain members of the Union in good standing. Any employee who fails to comply shall be terminated. 2.3 If, due to religious conviction, an employee does not wish to be a member of the Union, the employee may at their option do one of the following 2.3.1 Pay each month a service charge equal to regular union dues and assessments to the Union; OR 2.3.2 Pay an amount equal to the monthly Union dues and assessments to the Union who shall then transmit that amount to a non-religious charity in the Arlington area agreeable to the employee affected and the Union. The employee’s desired charity shall be stated in writing, signed by the employee, and submitted to the Union president. Ratified Collective Bargaining Agreement 2008 2011 – 2010 2013 IAFF Local No. 3728 5 2.4 Payroll Deduction – The Employer shall deduct from the pay of each employee covered by this Agreement, upon their written authorization, the dues and fees of the Union, and shall remit to said Union all such deductions monthly. The Union shall indemnify, defend, and hold the Employer harmless against any claims made and against any suit instituted against the Employer on account of any check-off of dues and fees for the Union. Changes in the amount of said deduction shall be made twice annually, January 1 and July 1. Exceptions shall be for new employees, as needed. The Union shall refund to the Employer any amounts paid to it in error on account of this check-off provision upon presentation of proper evidence thereof. Article 3 DURATION This Agreement shall become effective January 1, 2008 2011 and shall remain in full force through December 31, 20102013. It shall be automatically extended for successive one (1) year periods, unless either party gives written notice to the other not later than July 1, in the year of expiration of its desire to terminate, modify, amend, or change this Agreement for the subsequent year(s). A notice shall specify the Articles subject to negotiation. Article 4 MANAGEMENT RIGHTS 4.1 All the functions, rights, powers, and authority that are not specifically abridged, delegated, or modified by this Agreement are recognized by the Union as being retained by the Employer. These rights include, but are not limited to the following: 4.1.1 To maintain efficiency and to make, alter, and enforce reasonable rules and regulations to be observed by employees, provided such rules and regulations are not contrary to the terms and conditions set forth in this Agreement. 4.1.2 To direct, hire, promote, demote, transfer, and for just cause suspend, discipline or dismiss employees. 4.1.3 To evaluate jobs, classify positions, establish qualifying requirements of employees and specify employee duties. 4.1.4 To manage and operate the service in all respects and without restricting the generality of the foregoing, to determine the number and location of establishments, the services to be rendered, the methods, the work procedures, the kinds and locations of instruments and equipment to be used; to select, control, and direct the use of all materials required in the operation of services to be provided and performed; to schedule work; to make, alter, and enforce regulations governing the use of materials, equipment, and services as may be deemed necessary by the Employer, Ratified Collective Bargaining Agreement 2008 2011 – 2010 2013 IAFF Local No. 3728 6 provided that such regulations are not contrary to the terms and conditions set forth in this Agreement. 4.2 . Any conflict between the provisions of this Agreement and the City of Arlington Civil Service Rules and Regulations shall be resolved as follows: (a) to the extent the Agreement does not address a matter (i.e., discipline, seniority, lay offs, etc.), and Civil Service does, then Civil Service shall prevail; and (b) to the extent the Agreement addresses a matter (i.e., discipline, seniority, lay offs, etc.) and Civil Service also does so, the Agreement shall prevail. 4.3 The Employer and the Union agree that the statement of management rights contained in this Article 4, shall be for illustrative purposes only and is not to be construed or interpreted so as to exclude those prerogatives not mentioned which are inherent to management including those prerogatives not granted by law. It is the intention of the Employer and the Union that the rights, powers, authority and functions of management shall remain exclusively vested in the Employer, except insofar as expressly and specifically surrendered or limited by the express provisions of the Agreement. The exercise of these rights shall not be subject to the grievance procedure of this Amendment. Article 5 NON-DISCRIMINATION 5.1 No employee shall be discriminated against for upholding Union principles or serving on a Union Committee. The Employer and the Union shall not unlawfully discriminate against any individual with respect to hishis/her hiring, compensation, terms or conditions of employment because of such individual’s race, color, religion, sex, national origin, Vietnam-era veteran status, marital status, or the presence of any physical, mental or sensory handicap, or age, unless such is a bona fide occupational qualification, nor shall they limit, segregate, or classify employees in any way to deprive any individual employee of hishis/her employment opportunities, except as such may be a bona fide occupational qualification. 5.2 Wherever words denoting a specific gender are used in this Agreement, they are intended and shall be construed so as to apply equally to either gender. Article 6 NO STRIKES OR LOCKOUTS 6.1 The Employer and the Union recognize that the public interest requires the efficient and uninterrupted performance of all Employer’s services and to this end pledge their best efforts to avoid or eliminate any conduct contrary to this objective. Ratified Collective Bargaining Agreement 2008 2011 – 2010 2013 IAFF Local No. 3728 7 6.2 During the term of this Agreement, the Union shall not cause or condone any work stoppage, strike, slowdown or other interference with Employer functions by employees under this Agreement, and should same occur, the Union shall take all steps to end such interference immediately. Employees who engage in any of the afore-referenced actions may be subject to disciplinary action up to and including discharge. The Employer shall not lock out any employee during the life of this Agreement. 6.3 Any claim by the Employer that the Union has violated this Article shall not be subject to the grievance procedure of this Agreement and the Employer shall have the right to submit such claims to the courts. Article 7 SEPARABILITY AND SAVINGS Should any provision(s) of this Agreement be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance or enforcement of any provision(s) should be restrained by such tribunal pending a final determination as to its validity, the remainder of this Agreement as it relates to persons or circumstances other than those to which it has been held invalid shall not be affected thereby. In the event that any provision of this Agreement is held invalid or enforcement of or compliance with has been restrained, as hereinafter set forth, the Employer and the Union shall enter into immediate collective bargaining negotiations upon the written request of either party for the purpose of arriving at a mutually satisfactory replacement for such provisions during the period of invalidity or restraint. Said negotiations shall be confined to the provision(s) held to be invalid unless mutually agreed to by the City and the Union. Article 8 MERGERS, ACQUISITIONS, ALLIANCES OR CONSOLIDATIONS In the event the City elects to combine, consolidate, acquire or relinquish any Fire or EMS services during the term of this Agreement, the City shall negotiate the affects of such action(s) with the Union pertaining to the wages, hours, and working conditions of the present members of the bargaining unit. Article 9 UNION BUSINESS AND BULLETIN BOARD 9.1 One Union official, who is an employee in the bargaining unit, may be granted time off while conducting business vital to the employees of the bargaining unit provided: a. The Union or the employee notifies the Employer in writing a minimum of forty-eight (48) hours prior to the start of the requested time-off period. b. The Employer is able to properly staff the employee’s job duties during the time-off period. c. The wage cost to the Employer is no greater than the cost that would have been incurred, had the Union official not taken the time off. Ratified Collective Bargaining Agreement 2008 2011 – 2010 2013 IAFF Local No. 3728 8 9.2 Union officials shall not transact Union business while working on shift, which in any way interferes with the operation or normal routine of the Fire Department. 9.3 The Union shall be allowed to hold its regular monthly meetings at either Fire Station. On-duty personnel may attend the meetings and shall remain in service and be alarm ready. 9.4 The Employer shall provide suitable space for a Union furnished bulletin board at each station location in an area frequented by all employees within the bargaining unit. The Union shall limit its posting of notices and bulletins to such bulletin boards. Article 10 DISCIPLINE 10.1 Employees may be disciplined or discharged in good faith and for just cause. Discipline should be applied at progressive levels to allow the employee proper notice of misconduct and an opportunity to improve performance. The level or degree of discipline imposed shall be appropriately based on the employee’s severity of offense, the employee’s prior record of discipline and other relevant factors. 10.2 The Employer shall notify an employee of an investigation. The notification shall occur at the point in time that the Employer believes the potential for discipline exists. The notification shall include an e-mail and an official letter. The Employer shall also notify the Local President in the same manner. At the time the employee or the Local President acknowledges the notification, the timeline specified in 10.3 shall begin. 10.3 The Employer shall have fifteen (15) working days (non-weekend, non-holiday, non-furlough) to conduct an investigation related to potential discipline in 10.2. The investigation may be extended in five (5) day increments if mutually agreed upon by the Employer and the employee. In the absence of the employee, the Local may speak on behalf of the employee with regard to extensions of an investigation. 10.4 The Employer shall issue a written complaint within fifteen (15) working days (non-weekend, non-holiday, non-furlough) of the conclusion of said investigation. 10.5 Prior to the imposition of discipline or discharge, the employee shall be provided a copy of the alleged violation and all relevant, non-attorney-client privileged documents the Employer has in its possession related to the discipline being imposed. 10.6 The Employer shall hold a pre-disciplinary hearing no later than fifteen (15) working days (non-weekend, non-holiday, non-furlough) from the time the employee was provided with the written complaint. At the hearing the employee will be given an opportunity to present his/her side of the issue. Ratified Collective Bargaining Agreement 2008 2011 – 2010 2013 IAFF Local No. 3728 9 10.7 The employee shall have the right to legal and/or Union representation present at any meeting held with the Employer to discuss potential disciplinary action. 10.8 The Employer may suspend an employee with pay pending the final decision as to the appropriate discipline resulting from the pre-disciplinary hearing. 10.9 Disciplinary action or measure shall include only the following: (a) verbal counseling, (b) written reprimand, (c) up to fourteen (14) calendar day suspension without pay (maximum five (5) shifts for twenty-four (24) hour shift employees), (d) demotion of pay class in accordance with Section 10.9.1 and 10.9.2 below, and (e) discharge. 10.9.1 Demotions of officers (Captains, Lieutenants) shall be based on the provisions of Section 10.1 of this Agreement, and be permanent, except that any officer demoted shall be eligible for any future promotions. 10.9.2 Demotions of non-officers shall be temporary and last no longer than six (6) months, provided employee is meeting all performance standards as outlined in performance evaluations and established expectations, as evaluated by the Fire Chief or designee. Demotions will be for one class in pay. Article 11 GRIEVANCE PROCEDURE 11.1 Definition – A grievance is any dispute between the Employer and an employee or the Union that may arise because of interpretation, application, or alleged violation of any specific terms or provisions of this Agreement. Whenever possible, grievances should be settled on an informal basis with an employee’s immediate supervisor. 11.2 Grievances may be processed through either the Grievance Procedure or City of Arlington Civil Service Rules and Regulations. The choice of the administrative process shall preclude the utilization of the other. 11.3 Step 1 – If the grievance cannot be settled informally, the grievant shall present hishis/her grievance to the Union President, who may appoint a committee to inquire into the facts and/or circumstances of the complaint. If the complaint is found to be valid, the President and/or grievance committee shall, within fifteen (15) working days (non-weekend, non-holiday, non-furlough) of the act giving rise to the complaint, or when the grievant should have reasonably known of the act giving rise to the complaint, submit the grievance in writing to the Fire Chief or designee. The written grievance shall include the following information: a. The Article(s) of the Agreement allegedly violated b. The facts of the matter c. The remedy sought Ratified Collective Bargaining Agreement 2008 2011 – 2010 2013 IAFF Local No. 3728 10 The Fire Chief or hishis/her designee shall issue a written response including hishis/her decision and reasons therefore within ten (10) working days (non- weekend, non-holiday, non-furlough) of receipt of the complaint. If settlement is not reached, the grievant may submit an appeal of the grievance to the City Administrator or designee for further consideration. Such appeal, including all paperwork pertinent to the case, shall be submitted within ten (10) working days (non-weekend, non-holiday, non-furlough) of the Fire Chief or designee’s decision. 11.4 Step 2 – The City Administrator or designee shall investigate the matter and issue a written response within ten (10) working days (non-weekend, non-holiday, non- furlough) of his/her receipt of the grievance. If settlement is not reached, the grievant may submit the matter to the Mayor for further consideration. Such appeal, including all paperwork pertinent to the case, shall be submitted within ten (10) working days (non-weekend, non-holiday, non-furlough) of the City Administrator or designee’s decision. 11.5 Step 3 – The Mayor or designee shall investigate the matter and issue a written response within ten (10) working days (non-weekend, non-holiday, non-furlough) of receipt of the grievance. 11.6 If settlement is not reached in Step 3, the Union may submit the matter to mediation by providing notice to Employer of the desire for mediation in the notice of appeal provided for in Step 2 or may submit the matter directly to arbitration according to Section 11.7 below. Within fifteen (15) working days (non-weekend, non-holiday, non-furlough) of the Union’s notification to Employer of the Union’s desire to mediate, the two (2) parties shall agree upon a mediator drawn from a panel of neutral mediators trained in grievance mediation. Such mediator may be from PERC or other public or private mediation service. The mediator will attempt to assure that all necessary facts and considerations are disclosed, but will not have authority to compel resolution of the grievance. The parties will not be limited solely to the facts and arguments presented at the earlier steps of the grievance procedure. No transcript or record of the mediation conference will be made, nor will formal rules of evidence be followed. 11.7 Arbitration – The Union may notify the Employer within ten (10) working days (non-weekend, non-holiday, non-furlough) of the Mayor or designee’s decision, or, if mediation is used, the end of mediation, in writing of the decision to submit the matter to arbitration and the parties shall submit a joint request to the FMCS or other mutually agreed to arbitration organization for a list of seven (7) arbitrators from which the parties shall select a neutral using the traditional striking method. The initial strike shall be determined by coin toss between the two parties. Nothing herein shall prevent the parties from mutually agreeing to another method of arbitrator selection. Ratified Collective Bargaining Agreement 2008 2011 – 2010 2013 IAFF Local No. 3728 11 11.7.1 The arbitrator thus chosen shall hear both sides of the issue in closed hearing and shall issue a decision which shall be final and binding to both parties within thirty (30) calendar days. 11.7.2 The arbitrator shall be limited to determining whether there has been a violation, misinterpretation, or improper application of the terms and conditions of this Agreement and the appropriate remedy. 11.7.3 Expenses and compensation for arbiter services and the proceedings shall be shared equally by both parties; provided, however, that each party shall be completely responsible for all costs of preparing and presenting its own case. If either party desires a record of the proceedings, it shall solely bear the costs of obtaining such records. 11.8 It is the intent of the parties that all time limits shall be complied with; provided, however, time limits may be extended by mutual written consent of both parties. 11.9 If no response is received from the Employer by the end of the time limit for its consideration of the grievance, the grievant, or where applicable under Sections 11.6 and 11.7 above, the Union, may advance the grievance to the next Step. 11.10 If the grievant does not meet the time limits prescribed for its action, the grievance shall be considered withdrawn. Article 12 HOURS OF WORK 12.1 The City and the Union recognize that as the Fire Department grows, the need for a variety of shifts and staffing patterns will need to change to best serve the public within budget limitations. 12.2 Unless otherwise agreed to by the parties, personnel assigned to non-shift duty will work either an eight (8) hour work shift consisting of five (5) consecutive workdays, followed by two (2) consecutive days off or a ten (10) hour shift consisting of four (4) consecutive workdays followed by three (3) days off. The standard schedule for each eight (8) hour shift shall begin on Monday mornings at a time specified by the Fire Chief or designee and last eight (8) consecutive hours unless otherwise mutually agreed upon by the parties. Each ten (10) hour shift shall normally begin at 0700 and end at 1700 hours unless otherwise mutually agreed upon by the Union and the City consistent with the provisions of the Fair Labor Standards Act. 12.3 Currently, D Shift is working 0600 to 1800 on Sunday, Monday, Tuesday and every other Saturday. E Shift is working Wednesday, Thursday, Friday and every other Saturday. This schedule shall remain in effect unless another schedule can be mutually agreed upon by both parties. Any such new schedule must be consistent with the requirements of the Fair Labor Standards Act. Ratified Collective Bargaining Agreement 2008 2011 – 2010 2013 IAFF Local No. 3728 12 12.4 The standard twenty-four (24) hour shift shall consist of the following nine (9) day twenty-four (24) day cycle: 24 48 HOURS = ON DUTY 24 96 HOURS = OFF DUTY 24 48 HOURS = ON DUTY 24 96 HOURS = OFF DUTY 24 48 HOURS = ON DUTY 96 HOURS = OFF DUTY 48 HOURS = ON DUTY 96 HOURS = OFF DUTY Thus completing the nine (9) day cycle, otherwise known as the “MODIFIED DETROIT 56 HOUR WORKWEEK”.twenty-four (24) day cycle. This shift shall begin at 0700 hours. 12.5 Each twenty-four (24) hour employee on the nine (9) twenty-four (24) day cycle shall be entitled to a total of fourteen (14) “Kelly” shifts. One annual “Kelly” shift sign up schedule will be posted following the annual vacation sign up schedule. The employee shall be allowed to choose fifty percent (50%) plus one (1) for an odd number of “Kelly” shifts following the guidelines of the Fire Chief or designee. All “Kelly” shift sign ups shall be based on seniority. The remaining “Kelly” shifts shall be assigned by the Fire Chief or designee as to not cause hardship on the Fire Department. 12.6 Effective JanuaryMay 1, 20121, each twenty-four (24) hour employee on the twenty four (24) day cycle shall receive an additional Kelly day, raising the number of Kelly shifts to a total of fifteen (15). For 2011, this additional Kelly shifts shall be scheduled so as not to cause any overtime. A Kelly Day and may be used to replace a previously approved vacation day. 12.7 For 2012 and 2013, each twenty-four (24) hour employee on the twenty-four (24) day cycle shall be entitled to a total of fifteen (15) “Kelly” shifts. One annual “Kelly” shift sign up schedule will be posted following the annual vacation sign up schedule. The employee shall be allowed to choose fifty percent (50%) plus one (1) for an odd number of “Kelly” shifts following the guidelines of the Fire Chief or designee. All “Kelly” shift sign ups shall be based on seniority. The remaining “Kelly” shifts shall be assigned by the Fire Chief or designee as to not cause hardship on the Fire Department. 12.512.8 Other shift arrangements and schedules, such as a 48-96 work schedule, may be established by the Fire Chief or designee, with input from the Union. 12.612.9 Changes in an individual work schedule shall begin at the start of the next Kelly cycle following notification to the affected employee and the Union. Schedules may be changed on shorter notice in the event of emergency conditions or if the affected employee agrees to the schedule change on a shorter timeline. Ratified Collective Bargaining Agreement 2008 2011 – 2010 2013 IAFF Local No. 3728 13 Such schedule changes will be made for demonstrated need and offered to members that qualify for the position by seniority. 12.712.10 Management has the right to establish shift arrangements. The scheduling of days to work and days off shall go with the job and not the employee. 12.812.11 The work schedule shall be published by December 15 for the following year. 12.10 The Employer recognizes the need to maintain coverage on each twenty-four (24) hour work shift as necessary in order to accommodate the vacation schedule and other operational requirements as determined by the Fire Chief or designee. In the event the City would like to utilize the floating shift in the future, the City and the Union agree to negotiate the impact of any such move prior to its implementation. 12.9 As a result, the parties agree to institute a special 24 hour “floating” shift under the specific, limited circumstances that are described below. Except as set forth below, employees who are assigned to this “floating” shift shall follow the provisions of other twenty-four (24) hour shift employees. a. Based upon the staffing levels that are in place as of the date(s) when this Agreement is executed by each party, the Employer may only assign one (1) Employee to a “floater” schedule; provided, however, that effective in January, 2006, the Training Captain position referred to in Article 41 shall be a second “floating” shift position. Should the Employer increase overall staffing levels for bargaining unit positions at some time in the future during the term of this Agreement (as opposed to merely filling a future vacancy in a currently existing position, or otherwise modifying current staffing levels in a manner which does not increase overall staffing levels), then the Employer may assign a maximum of one (1) newly hired Employee as an additional “floater”. Should the Employer hire a new employee who is to be assigned as a “floater” in the middle of the calendar year, that newly hired Employee shall be assigned a “floater” shift only until the next shift bid amongst Employees occurs. In no case during the term of this Agreement shall there be more than three (3) Employees, including the Training Captain, assigned as “floaters” at any time. In all cases, in the event no personnel volunteer to work the “floater” schedule, the least senior Employee will be assigned this shift. EFFECTIVE JANUARY 1, 2011 THROUGH JULY 31, 2011, ARTICLE 13 SHALL READ AS FOLLOWS: Article 13 HEALTH AND WELFARE INSURANCE BENEFITS 13.1 General – Eligibility and continued employee and dependent participation in any group insurance or other financially based benefit plan provided by the Employer shall be in accordance with the applicable Group Insurance Plan Document or Master Plan Agreement. Ratified Collective Bargaining Agreement 2008 2011 – 2010 2013 IAFF Local No. 3728 14 13.2 Group Medical – The Employer shall pay 100% of the premiums that are necessary in order to maintain coverage under the AWC Employee Benefit Trust, Plan A, for enrolled employees and their qualifying dependents, EXCEPT THAT, each employee to whom group medical insurance coverage applies shall pay the Employer, on a monthly basis, an amount that will applied by the Employer towards the above-referenced premiums, and that is equal to one percent (1.0%) of the base monthly salary of a Firefighter 1st Class. Both parties acknowledge that AWC has indicated its intention to terminate the AWC Employee Benefit Trust, Plan A. In the event that occurs during the term of this agreement, the parties shall renegotiate the terms of this article. 13.3 Group Dental – The Employer shall pay one hundred percent (100%) of the premiums for eligible enrolled employees and their dependents for coverage under the AWC Group Dental Care Plan during the term of this agreement. 13.4 Group Vision – The Employer shall pay one hundred percent (100%) of the premiums for eligible enrolled employees and their dependents for coverage under the AWC Group Vision Care Plan during the term of this Agreement. 13.5 Group Life and Accidental Death and Dismemberment Insurance (AD&D) – The Employer shall pay one hundred percent (100%) of the premiums for eligible enrolled employees only for coverage under the AWC Group Life and AD&D Insurance Plan during the term of this Agreement. 13.6 Disability Insurance – The Union shall make available to each member of the bargaining unit, a short and long-term group disability insurance policy administered by the Washington State Council of Firefighters. The City shall contribute twenty-five dollars ($25) per month for each enrolled bargaining unit member during the term of this Agreement, in lieu of any City sponsored group disability insurance plan. The City shall require proof of individual employee coverage. 13.7 WSCFF Medical Trust. The City will contribute Sixty and No/100 Dollars ($60.00) per month on behalf of each bargaining unit member toward the Washington State Council of Fire Fighters Post Retirement Medical Trust. EFFECTIVE AUGUST 1, 2011, ARTICLE 13 SHALL READ AS FOLLOWS: Article 13 HEALTH AND WELFARE INSURANCE BENEFITS 13.1 General – Eligibility and continued employee and dependent participation in any group insurance or other financially based benefit plan provided by the Employer shall be in accordance with the applicable Group Insurance Plan Document or Master Plan Agreement. 13.2 Medical and Dental Benefit Ratified Collective Bargaining Agreement 2008 2011 – 2010 2013 IAFF Local No. 3728 15 The Employer agrees to pay the premium cost for all employees and their dependents for the medical, dental and life insurance coverage mutually agreed upon by the Union and the Employer less 1% of top step firefighter, which will be paid by the Employee. 13.2.1 The Union and the Employer agree that the medical insurance will be through LEOFF Health and Welfare Trust. 13.2.2 The Union and the Employer agree that the dental insurance will be through XXWashington Dental Service. 13.2.3 The Union and the Employer agree that the life insurance will be through XXThe Standard Insurance Company. 13.3 Health Reimbursement Arrangement (HRA): 13.3.1 The City has adopted the Voluntary Employees’ Beneficiary Association Medical Expense Plan for Public Employees in the Northwest (“Plan”) as the HRA for the bargaining group. The Employer will establish a single account for each employee which holds all HRA funds. All costs associated with the account are Employer costs. Monthly, the Employer shall fund the HRA account with real dollars for each bargaining unit member as follows: Employee with no spouse or dependent $166.00 Employee with spouse and/or dependent $333.00 13.3.2 The HRA may be used for all IRS allowable expenses. 13.3.3 Accumulated balances will rollover each year with no cap on accumulated account totals. 13.3.4 Individual account funds shall rollover accumulated amounts as indicated above and shall include a survivorship option in the event of the Employees death and have continued reimbursement rights until all funds are used. 13.3.5 Individuals separating from the Employer shall continue to have access to their HRA balance (until depleted) as provided above. Employees separating with a negative HRA balance shall have the amount deducted from their final pay. 13.4 HRA Third Party Administrator - The HRA Third Party Administrator (TPA) shall be VEBA Service Group LLC. All costs associated with the TPA are Employer costs. 13.5 Benefits while on leave without pay or separation (within COBRA): The Employer will make available to the Employee on leave without pay or separated from the Employer the current medical and dental benefits at no cost to the Employer to the extent allowed under COBRA Law. Ratified Collective Bargaining Agreement 2008 2011 – 2010 2013 IAFF Local No. 3728 16 13.6 Benefit while on Disability Leave: The Employer will provide Employees on disability leave the benefit outlined in this Article. 13.7 Disability Insurance – The Union shall make available to each member of the bargaining unit, a short and long-term group disability insurance policy administered by the Washington State Council of Firefighters. The City shall contribute twenty-five dollars ($25) per month for each enrolled bargaining unit member during the term of this Agreement, in lieu of any City sponsored group disability insurance plan. The City shall require proof of individual employee coverage. 13.8 WSCFF Medical Trust. The City will contribute Sixty and No/100 Dollars ($60.00) per month on behalf of each bargaining unit member toward the Washington State Council of Fire Fighters Post Retirement Medical Trust. Article 13 HEALTH AND WELFARE INSURANCE BENEFITS 13.1 General – Eligibility and continued employee and dependent participation in any group insurance or other financially based benefit plan provided by the Employer shall be in accordance with the applicable Group Insurance Plan Document or Master Plan Agreement. 13.2 Group Medical – The Employer shall pay 100% of the premiums that are necessary in order to maintain coverage under the AWC Employee Benefit Trust, Plan A, for enrolled employees and their qualifying dependents, EXCEPT THAT, each employee to whom group medical insurance coverage applies shall pay the Employer, on a monthly basis, an amount that will applied by the Employer towards the above-referenced premiums, and that is equal to one percent (1.0%) of the base monthly salary of a Firefighter 1st Class. Both parties acknowledge that AWC has indicated its intention to terminate the AWC Employee Benefit Trust, Plan A. In the event that occurs during the term of this agreement, the parties shall renegotiate the terms of this article. 13.3 Group Dental – The Employer shall pay one hundred percent (100%) of the premiums for eligible enrolled employees and their dependents for coverage under the AWC Group Dental Care Plan during the term of this agreement. 13.4 Group Vision – The Employer shall pay one hundred percent (100%) of the premiums for eligible enrolled employees and their dependents for coverage under the AWC Group Vision Care Plan during the term of this Agreement. 13.5 Group Life and Accidental Death and Dismemberment Insurance (AD&D) – The Employer shall pay one hundred percent (100%) of the premiums for eligible enrolled employees only for coverage under the AWC Group Life and AD&D Insurance Plan during the term of this Agreement. 13.6 The employer reserves the right to change group insurance carriers at any time at its sole discretion, providing a generally comparable level of benefits are provided. In the event that State or Federal Mandated group medical and/or dental Ratified Collective Bargaining Agreement 2008 2011 – 2010 2013 IAFF Local No. 3728 17 program is available at a lower cost to the Employer during the term of this Agreement, the Employer shall have the right to implement such plan upon its availability. 13.7 Disability Insurance – The Union shall make available to each member of the bargaining unit, a short and long-term group disability insurance policy administered by the Washington State Council of Firefighters. The City shall contribute twenty-five dollars ($25) per month for each enrolled bargaining unit member during the term of this Agreement, in lieu of any City sponsored group disability insurance plan. The City shall require proof of individual employee coverage. WSCFF Medical Trust. The City will contribute Sixty and No/100 Dollars ($60.00) per month on behalf of each bargaining unit member toward the Washington State Council of Fire Fighters Post Retirement Medical Trust. 13.1 Article 14 ACTING PAY 14 .1 Any employee covered by this Agreement who is required to accept the responsibilities and duties of an Acting Officer shall be compensated the flat dollar amount that represents the difference between the then in effect Firefighter First Class rate of pay and 50% of the incentive premium of that position for the duration of the assignment. This shall not apply unless the position needs to be filled for a time greater than eight (8) hours. 14.2 The following criteria shall be used for assignments to acting in the capacity as a Captain: a. In the event there is an Acting Officer list, the vacancy shall be offered in the order of the highest test score to the available on-shift Firefighter/EMT’s who are on the list. If not filled in this manner, the vacancy shall be filled by assignment in reverse seniority order. b. In the event there is no available on-shift Firefighter/EMT on the Acting Officer list, the vacancy shall be filled using the Department Overtime list by assignment of the next qualified individual. c. In the event there is no certified list for Acting Officer, the vacancy shall be filled at the discretion of the Fire Chief or designee. Firefighter/EMT’s who once are on the Civil Service Captain eligibility list shall be considered to be on the Acting Officer list. Ranking on the Acting Officer list shall be at the head of said Acting Officer list and shall be based on the individuals score attained on the Captain’s test. 14.3 An Acting Officer eligibility list shall be valid for a period of one (1) year with a possible six (6) month extension as set forth by the City’s Civil Service guidelines and procedures. Ratified Collective Bargaining Agreement 2008 2011 – 2010 2013 IAFF Local No. 3728 18 Article 15 INCENTIVE PAY 15.1 Employees holding an EMT/Intermediate (IV – Airway) EMT – Intravenous Therapy Technician certification shall be entitled to an additional two percent (2%) of the individual’s base rate per month compensation as a uniformed full- time Firefighter. 15.2 EMT/Paramedic: EMT/Paramedics in their first certification cycle (1st 3 year period as a Paramedic) shall receive an additional ten and one-quarter percent (10.25%) of the individual’s base straight time rate of pay as a uniformed full- time Firefighter. EMT/Paramedics in their second certification cycle and beyond (at least 4 years as a certified Paramedic) shall receive an additional twelve percent (12%) of the individual’s base straight time rate of pay as a uniformed full-time Firefighter. 15.3 Fire Mechanic Incentive: An Employee assigned and performing the job responsibilities of a Fire Mechanic shall be entitled to an additional 3% of the individual's base rate of pay as a full-time uniformed Firefighter. 15.4 EMS Lead: An Employee serving as an EMS Lead shall be entitled to an additional 3% of the individual’s base rate of pay as a full-time uniformed Firefighter. Effective May 1, 2011, the EMS Lead position and associated incentive pay shall be eliminated. 15.4 15.5 Notwithstanding any other provision of this Agreement, incentive pay discussed in Sections 15.1 through 15.3 of this Agreement and/or any future classifications or disciplines eligible for incentive pay shall be based on an individual’s base rate of pay as a full-time uniformed firefighter. An individual can receive incentive pay for each individual classification and/or discipline as long as they retain active, certified status. In the event a paramedic is promoted to an officer rank, the impact shall be negotiated to determine the incentive pay that shall be given to said assignment.employees entitled to the incentive pay discussed in Sections 15.1 through Section 15.3 of this Agreement shall also be entitled to the EMS Lead and educational incentive pay discussed in Sections 15.4 and 15.6 of this Agreement but shall not be permitted to duplicate or pyramid additional incentive pay outside of that the employee is entitled to under Sections 15.1-15.3 and 15.6. 15.6 Educational Incentive 15.6.1 Employees covered by this Agreement with an Associates of Arts or Science degree in Fire Science and/or Administration or an allied field subject to the approval of the Fire Chief or designee shall receive an additional two (2.0%) of the individual’s base rate of pay. 15.6.2 Employees covered by this Agreement with an Bachelor of Arts or Science degree in Fire Science and/or Administration or an allied field subject to the approval of Ratified Collective Bargaining Agreement 2008 2011 – 2010 2013 IAFF Local No. 3728 19 the Fire Chief or designee shall receive an additional four (4.0%) of the individual’s base rate of pay. 15.6.3 Employees covered by this Agreement with an Master of Arts or Science degree in Fire Science and/or Administration or an allied field subject to the approval of the Fire Chief or designee shall receive an additional six (6.0%) of the individual’s base rate of pay. 15.7 EMS incentive pay shall not apply to the classification of Captain. Article 16 LONGEVITY PAY 16.1 Longevity pay shall be administered, using the following scale, and is to be added to the employee’s base monthly salary after five (5) years of accumulated full- time continuous service with the City at the following rate: After five (5) years - $25 a month1% After ten (10) years – 2% After fifteen (15) years – 3% 16.2 After each year of accumulated full-time continuous service with the City following the first five (5) years, the monthly amount shall increase in each subsequent year by $5 a month to a maximum of $100 a month.Longevity shall be calculated from the employee’s base monthly salary, not including any incentive pay for education or specialties. 16.3 Longevity pay adjustments shall become effective the first of the month, coincident with or next following the employee’s anniversary date of employment. Article 17 CALLBACK PAY / OVERTIME 17.1 An employee who is called back to work after having completed hishis/her normal shift shall receive hishis/her standard overtime rate of pay, subject to one (1) hour minimum. Time shall be accumulated in half-hour increments. 17.2 Department training or meetings required off-duty shall be compensated at their overtime rate of pay, subject to a one (1) hour minimum. Time shall be accumulated in half-hour increments. 17.3 All accumulated overtime hours will be paid as overtime at the appropriate rate of pay. Article 18 SHIFT VACANCIES Ratified Collective Bargaining Agreement 2008 2011 – 2010 2013 IAFF Local No. 3728 20 18.1 A shift vacancy is one that occurs as a result of such situations as death, resignation, removal, reassignment, transfer, promotion, permanent disability or a modification in staffing patterns. 18.2 Shift vacancies or other positions offered shall be filled by the Fire Chief or designee based on individual training, experience and demonstrated capability with consideration of seniority. In the event of a Paramedic shift vacancy requiring special qualifications above the duties of a Firefighter/EMT, the Employer’s shift vacancy posting shall list such special required qualifications. 18.3 Posting of shift vacancies shall be in each Fire Station for a period of thirty (30) calendar days. Any employee desiring to bid for the shift vacancy shall submit hishis/her request in writing to the Fire Chief or designee prior to the end of the posting period. Article 19 HOLIDAYS 19.1 The City and the Union agree to recognize 12 designated holidays each year. Holiday Date Observed New Year’s Day January 1st Martin Luther King Jr. Day 3rd Monday of January President’s Day 3rd Monday of February Memorial Day Last Monday of May Independence Day July 4th Labor Day 1st Monday of September Veteran’s Day November 11th Thanksgiving Day 4th Thursday of November Day after Thanksgiving Day 4th Friday of November Christmas Day December 25th 2 floating holidays Employee’s choice, with approval of Chief or designee 19.2 If a holiday is observed on an unscheduled day of work, the employee may observe that holiday on another day within the pay period next following the date the holiday is observed. 19.319.2 New employees shall qualify for paid holidays observed following date of hire. New employees shall be eligible to observe the floating holidays, based on a minimum of four (4) months’ continuous service with the Department. 19.4 The employee shall receive regular pay equivalent to their regularly scheduled hours for the holiday not worked. 19.519.3 Twenty-four (24) hour shift and twelve (12) hour shift employees whose normal work schedule includes work on a City designated holiday (19.1 above), shall earn holiday compensation pay at the rate of ten (10) hours per completed Ratified Collective Bargaining Agreement 2008 2011 – 2010 2013 IAFF Local No. 3728 21 month of continuous service in lieu of observing holidays. Payment for holidays shall be made once per year on the first regular payday in October. Payment shall be prorated for employees hired since the preceding January 1st. 19.619.4 The employee shall receive their straight-time rate of pay for holidays not worked. 19.719.5 When personnel are required to work on New Year’s Day, Thanksgiving Day, and Christmas Day as specified in Section 19.1 above, the responsibilities of that day will be restricted to emergency responses, apparatus checks, and immediate Fire Department needs. Article 20 VACATION LEAVE 20.1 All full-time employees scheduled to work eight (8), ten (10), or twelve (12) hour work shifts shall earn vacation allowances and shall be eligible for paid vacation time as follows: Completed Months of Continuous Employment Monthly Accrual Yearly Accrual Up to 12 months 8 hours 96 hours 13 – 24 months 10 hours 120 hours 25-36 months 12 hours 144 hours 37-48 months 14 hours 168 hours 49 months to 120 months 16 hours 192 hours 121 months and up 18 hours 216 hours 20.2 All full-time twenty-four (24) hour employees shall earn vacation allowances and shall be eligible for paid vacation time as follows: Completed Months of Continuous Employment Monthly Accrual Yearly Accrual Up to 12 months 8 hours 96 hours 13 – 60 months 12 hours 144 hours 61 – 120 months 16 hours 192 hours 121 months and up 20 hours 240 hours 20.3 New employees shall accrue vacation benefits from date of employment for use following six (6) calendar months of continuous employment. 20.4 One annual vacation sign-up schedule will be posted from November 1st through November 30th of the previous year, coordinated by the Fire Chief or designee. Sign-ups will be on a seniority basis and eligible employees will be allowed to Ratified Collective Bargaining Agreement 2008 2011 – 2010 2013 IAFF Local No. 3728 22 sign up for a maximum of ninety-six (96) hours before allowing the less senior members to sign up. 20.5 No more than one two (12) 24-hour employee (A, B or C shift) and one (1) 12- hour Employee (D or E shift) in operations shall be off on any combination of vacation , holidays or Kelly Days unless authorized by the Fire Chief or designee. except as follows: (a) In 2005 and 2006, each A, B and C shift employee may schedule a total of two (2) twenty-four (24) hour days off at the same time as another twenty- four (24) hour employee is off; and 20.5 (b) In 2007, each A, B and C shift employee may schedule a total of three (3) twenty-four hour days off at the same time as another twenty-four (24) hour employee is off. 20.6 After all personnel have signed up for their initial ninety-six (96) hours of vacation time in accordance with Section 20.4 above, the sign up process starts again for another ninety-six (96) hour block of eligible hours. This second block shall be on a seniority basis. Once the second sign-up round has been completed, the “Kelly” shift calendar will then be scheduled. Then any additional vacation signups will be on a first-come, first-serve basis. 20.7 Vacation schedules shall be authorized by the Fire Chief or designee as to not cause hardship on the Fire Department. After November 30th cancellation of days off or changes to prior requests shall be submitted to the Fire Chief or hishis/her designee not less than thirteen (13) calendar days in advance, unless approved by Employer. Employer will approve requests made less than thirteen (13) days in advance if the request does not involve overtime expense and the request is otherwise reasonable. 20.8 Employees may accumulate up to four hundred eighty (480) hours of vacation time in each year of this Agreement. The maximum allowable accumulation of unused vacation time to be carried over from calendar the last day of the last Kelly cycle in any given year to calendar the first Kelly cycle of the following year is two hundred fortythree hundred (240300) hours. Any vacation earned which exceeds the maximum accumulation allowable shall be scheduled by the Employer and the employee, subject to the operating efficiency of the Department as determined by the Fire Chief or designee. 20.9 The maximum amount of unused vacation time to be paid to the employee upon separation from the City will be two hundred forty (240) hours. Ratified Collective Bargaining Agreement 2008 2011 – 2010 2013 IAFF Local No. 3728 23 Article 21 SICK LEAVE 21.1 All employees covered by this Agreement shall accrue sick leave at a rate of eight (8) hours per month for all eight (8) and ten (10) hour shift personnel. All twelve (12) and twenty-four (24) hour shift personnel shall accrue sick leave at the rate of twelve (12) hours per month. Effective at the time of their hiring date, each new employee hired by the Department shall receive an initial sick leave bank equal to Seventy-Two (72) hours of accrued time (“New Employee Sick Leave”). Any New Employee Sick Leave used by a new employee during that employee’s first (1st) six (6) calendar months of employment will be drawn against that employee’s regular sick leave accrual under the terms of this Section 21.1 such that if a new employee does not take any New Employee Sick Leave during that new employee’s first (1st) six (6) months, at the end of that six (6) month period, the new employee will have Seventy-Two (72) hours of accrued sick leave. 21.2 When an employee switches shifts (i.e. eight (8) hours to twenty-four (24) hours), hishis/her sick leave accrual shall be adjusted to meet the new schedule, either increased or decreased. 21.3 Employees may accumulate up to one thousand four hundred forty (1440) hours of sick leave. 21.4 The maximum amount of unused sick leave to be paid to the employee upon separation from the City will be three hundred thirty (330) hours. Employees that are terminated for cause shall not be entitled to the above outlined sick leave cash out. 21.5 Definition of coverage, eligibility, reporting and use, and termination/ retirement, shall be in accordance with the most current adopted city policies and proceduresCity Human Resource Management Policy and Procedure 3-3, issue C. 21.6 LEOFF Buyback – LEOFF employees will be allowed to buy back sick leave with their Industrial Insurance check and their Salary Protection Insurance check. Article 22 SHARED LEAVE Shared leave shall be in accordance with the most current adopted city policies and procedures. City Human Resource Management Policy and Procedure 3-7, issue A. Article 23 MILITARY LEAVE Military leave shall be in accordance with the most current adopted city policies and procedures.City Human Resource Management Policy and Procedure 3-5, issue D. Article 24 FAMILY & MEDICAL LEAVE Ratified Collective Bargaining Agreement 2008 2011 – 2010 2013 IAFF Local No. 3728 24 Family and Medical leaves shall be in accordance with the most current adopted city policies and procedures.City Human Resource Management Policy and Procedure 3-6, issue A. Article 25 JURY DUTY The City of Arlington encourages employees who are selected for jury duty to attend. Paid time off for jury duty is in accordance with the most current adopted city policies and procedures.City Human Resource Management Policy and Procedure 3-5, issue D. Article 26 BEREAVEMENT LEAVE 26.1 Full-time employees assigned to a twenty-four (24) hour work schedule shall be eligible to initially receive up to twenty-four (24) scheduled work hours as bereavement leave due to a death in the immediate family. Consideration shall be given to granting up to an additional twenty-four (24) scheduled work hours depending on the location, date and time of the funeral, internment or memorial service. Actual time approved by the Fire Chief or designee shall be consistent with the intent of the most current adopted city policies and procedures.Human Resource Policy and Procedure 3-5, Issue D. 26.2 In the event of extenuating circumstances and at the discretion of the Fire Chief or designee, approved time in addition to that provided by Section 26.1 above may be used as accrued vacation, or as leave without pay, or sick leave if warranted. 26.3 Bereavement Leave for full-time employees assigned to other than twenty-four (24) hour work shifts shall be in accordance with the most current adopted city policies and procedures.City Human Resource Policy and Procedure 3-4, Issue B. Article 27 PERSONAL LEAVES OF ABSENCE 27.1 Authorized personal leaves of absence shall be in accordance with the most current adopted city policies and procedures.Human Resource Management Policy and Procedure 3-5, issue D. 27.2 During the period that any employee is on an authorized leave of absence with or without pay, seniority shall accrue. Article 28 PROBATION & EVALUATION PERIODS 28.1 Probation Period – New employees shall be subject to a twelve (12) month probation period following successful completion of recruit training as determined by the Fire Chief or designee. During this period, such employee shall be evaluated by the Employer and may be terminated at the sole discretion of the Employer. Ratified Collective Bargaining Agreement 2008 2011 – 2010 2013 IAFF Local No. 3728 25 28.2 Promoted employees shall be subject to a six (6) month probationary twelve (12) month evaluation period subject to an extension of an additional six (6) months at the discretion of the Fire Chief or designee. In the event a promoted employee does not successfully complete said probationary evaluation period, the employee shall be returned to hishis/her former rank and appropriate rate of pay. 28.3 Employees serving an initial promotional or extended promotional probationary evaluation period shall receive written performance appraisals on or about every ninety (90) days during said period(s) by the Fire Chief or designee. 28.4 Employees with the same date of hire shall be assigned a seniority order, based on the individual’s total score from the entire testing process of the employer (i.e.: Civil Service and the Department). The higher the total score, the higher the seniority ranking. Article 29 SENIORITY 29.1 A seniority list shall be maintained by the Employer and shall be brought up to date prior to January 31st of each year. This list shall be forwarded to the Secretary of the Union. The list shall show date of hire and date promoted, if any. 29.2 An employee’s seniority shall be defined as that period from the employee’s most recent first day of uniformed full-time compensated work with the Arlington Fire Department. Article 30 LEGAL PROTECTION The City shall hold personally harmless any employee from any action, claim or proceeding arising out of the performance, purported performance, or failure of performance, in good faith of duties for, or employment with the City and hold these employees harmless from any expenses connected with the defense, settlement, or monetary judgments from such actions, claims or proceedings. Article 31 PREVAILING RIGHTS 31.1 The Employer and the Union recognize the City maintains a Human Resource Management City Policy and Procedure Manual. In the event this Agreement does not address particular issues and topics that are addressed in the Manual, the most current edition of the City Policy and Procedure Manual the Manual in effect the date this Agreement is executed shall apply. 31.2 New policies and procedures developed during the term of this Agreement shall be reviewed with the Union prior to implementation. Article 32 LIGHT DUTY 32.1 An employee who is injured and is subsequently unable to perform hishis/her normal duties may be assigned to light duty upon examination of the employee’s Ratified Collective Bargaining Agreement 2008 2011 – 2010 2013 IAFF Local No. 3728 26 own physician. The City reserves the right, at its own expense, to have the employee examined by a City-appointed physician. An person’s employee’s salary while on light duty shall be at the employee’s straight-time rate of pay. 32.2 Light duty may be considered if there is work suitable for such position. Assigned light duty positions shall not affect the minimum staffing requirements of the Department, as determined by the Fire Chief or designee. The employee shall be assigned non-combat duty in such areas as Fire Prevention, Training, or as determined by the Chief or designee. Light duty work shall be performed on a five (5) day, eight (8) hours per day schedule, during normal administrative hours. Other work schedules may be arranged by mutual agreement between the employee and the Fire Chief or designee. 32.3 The position of light duty shall not exceed a period of four (4) weeks and may be extended by an additional four (4) weeks at the discretion of the Fire Chief or designee. If the illness or injury requires additional time off, the Fire Chief or designee may extend the light duty period, if there are sufficient and compatible non-combat duties to be performed. Additional light duty will be assigned in thirty (30) day increments with evaluation at the end of each thirty (30) day period by the Fire Chief or designee. At no time will a duty assignment be for a period of A light duty assignment may last, but may not exceed six (6) months total. If the employee cannot return to their normal duties after this six (6) month period, the employee must use accumulated sick leave, unpaid leave or disability. Article 33 SHIFT BIDS 33.1 The shift selection process shall be administered by the Fire Chief or designee and be completed on or before November 1. The shift selection shall be effective on the first Kelly cycle after January 2nd of each year. 33.2 Individual shift selection shall be for a minimum of three (3) years and a maximum of five (5) years. The Employer retains the right to move employees for operational or justified reasons. The employee retains the right to request a transfer from a shift for justified reasons. If a change is requested by either party, the Employer and the Union shall bargain the effects and legitimacy of the request prior to a change occurring unless it is deemed an emergency situation by the Employer. The final decision shall be rendered by the Employer. 33.3 Probationary positions may be assigned by the Employer prior to shift selections. Duration for probationary assigned periods shall be for the length of the current shift selection cycle. 33.4 The Employer and the Local shall agree prior to the end of the three (3) year cycle whether to extend the shift selection cycle to a maximum of five (5) years. 33.5 The Union will provide shift selection forms upon an employee’s request. Upon completion of all the forms, the Union shall fill all positions on a seniority based Ratified Collective Bargaining Agreement 2008 2011 – 2010 2013 IAFF Local No. 3728 27 process and return a copy of all forms to the Fire Chief or designee within thirty (30) calendar days. 33.6 The Fire Chief or designee shall have the authority to implement minimum standards for positions within the department. Article 34 PERSONNEL REDUCTION 34.1 The Employer shall notify the Union of the need to reduce the number of employees who are on the payroll within the bargaining unit at least sixty (60) calendar days before the effective date of layoff. Such notice shall be given in writing, addressed to the Union and hand delivered to a Union officer or by registered U.S. mail. The notice shall disclose the number of positions affected and the rank of each person affected. Immediately after issuing the notice, the Employer shall give the Union a reasonable period of time, of no less than ten (10) calendar days within which it will meet and confer with the Union to discuss such action. The Employer shall respond to any proposals which the Union may make in response to the subject of notice. 34.2 Each employee who is to be reduced in rank or laid off as a consequence of a reduction in force shall be given written notice, at least thirty (30) calendar days before such action is to occur, of the date, purpose and nature of the action that is to be taken with regard to him. The notice shall also state the reason for the action and any rights the employee may have under the City Human Resource Policy and Procedures Manual, Civil Service rules, or this Agreement with regard to hishis/her employment. A copy of the notice shall be timely delivered to the Union within the thirty (30) calendar day notification period. 34.3 All reductions in force shall be established by seniority in the Department within the thirty (30) calendar day notification period. Seniority in rank shall be established from the date that the employee was promoted into the rank which he or she currently occupies. 34.4 In the event of a tie in seniority, the tie shall be broken by the final score on the employment or promotional examination. 34.5 In the event a reduction in force is necessary, the reduction shall proceed in the following order: a. Employees shall be laid off in reverse order of the Departmental seniority list; the least senior employee in the Department shall be laid off first without regard to rank or classification. b. In the event a reduction in force results in the need for a redistribution of employees to a lesser rank, such reduction in rank shall be accomplished by reducing in rank those employees with the least tenure in the affected rank counting from the employee’s date of promotion. Ratified Collective Bargaining Agreement 2008 2011 – 2010 2013 IAFF Local No. 3728 28 c. An employee who is laid off shall be paid for all accrued leave time, including vacation and holiday pay, based on the employee’s straight-time rate of pay as of the date of separation. All employees who are reduced in rank or laid off shall not suffer any loss in benefits or entitlement accrued prior to the date of the action, e.g. holiday, vacation, personal leave, pension, and overtime, earned, accumulated, and unused at the time of reduction in rank or layoff. 34.6 If an employee is reduced in rank due to redistribution in force, that employee shall receive the maximum salary for the lower grade. 34.7 The Civil Service Commission and City Human Resource Department shall maintain a list, known as a “rehire list,” of all persons who are reduced in rank or laid off. In the event that vacancies occur within the Department while persons remain on the rehire list, the order of the recall shall be determined by reference to the rehire list. The rehire list(s) shall remain in effect for thirty-six (36) calendar months after the date of a layoff, unless extended by the Civil Service Commission and shall be used to offer employment that may become available by seniority to all persons who have been reduced or laid off, before any employees are promoted from one rank to another or any persons hired or transferred (from another City department) to become new employees of the Fire Department. No person may be hired, nor may any person be transferred from another City department, while any person in that rank remains in a reduced rank or on the rehire list. Any persons who are returned to their former positions shall be placed in the pay grade of their former rank, restored to the straight-time rate of pay that they would have received had they not been reduced in rank or placed on a rehire list. Employees shall receive no service credit for any period of time while on layoff status. 34.8 Notice of recall to the employee’s former position shall be given to the employee in writing at hishis/her last known mailing address, it being the employee’s obligation to notify the City Human Resource Department of any change in address while on layoff status. The notice shall be by certified mail, return receipt requested. The employee shall be given thirty (30) calendar days to accept an offer of the reinstatement, in which case written acceptance shall be sufficient if filed in any form with the Human Resource Department. 34.9 Any employee who fails to return to work upon official notice of rehire or recall by the City shall be terminated. 34.10 If an employee is on layoff status, seniority shall not accrue. Upon returning to work after such leave or layoff, the employee shall be granted the level of seniority previously accrued. Article 35 PHYSICAL FITNESS Ratified Collective Bargaining Agreement 2008 2011 – 2010 2013 IAFF Local No. 3728 29 35.1 The City and the Union recognize the physical and mental health of bargaining unit employees is of vital importance in fulfilling the responsibilities of the job of Firefighter. The City and the Fire Department consider physical fitness as a high priority and as such workout periods shall be accommodated in the daily activity schedule. The physical fitness program is a mandatory, non-punitive program. All employees are expected to utilize the workout time allotted to them daily. 35.2 It is the intent of the City and the Union to define and establish a mandatory, non- punitive, occupational wellness and fitness program. It is intended that the program will model the IAFC/IAFF joint labor-management wellness-fitness initiative. Prior to starting the program, a baseline health evaluation will be conducted for all personnel by an Occupational Medical clinic and will include respiratory and cardiac tests. The results of these evaluations will remain confidential and will not be shared with the City, unless a potentially life threatening condition is discovered. If such a condition is discovered, the City will expect the employee to disclose this information. It is understood that the Union will be responsible for training “peer assessors” to assist personnel in establishing a comprehensive workout program. 35.2.1 Employees will have the option of going to their own doctor to complete the baseline health evaluation, provided the following procedures are followed: 35.2.1.1 The doctor shall be familiar with the job, duties, and activities that a Firefighter performs and the doctor must be familiar with the baseline health components that must be evaluated during the examination. 35.2.1.2 The employee must understand and accept the fact that be going to their own doctor rather than the Occupational Medical clinic, the employee will bear all costs associated with the examination and any follow-up visits to the doctor as a result of the examination. 35.3 The City has applied for grant funding through the 2007 Assistance to Firefighter Grant (AFG) program to establish the physical fitness program. If the AFG grant is not awarded, the City will develop budget recommendations to the Council to purchase the necessary equipment and fund the costs for the baseline medical evaluations. In the event these items are not funded by the Council, the existing Physical Fitness program shall remain in place. 35.4 Until the fitness equipment and medical evaluations are provided, it is agreed that it is in the best interest of the individual employee and shift teams to fully participate in any established physical fitness program on a regular and continuing basis. 35.4.135.2 Physical fitness activities may be scheduled at any time during a shift provided said physical fitness periods shall not interfere with scheduled shift work such as drills, training, inspections, or emergency responses. Scheduled time for physical fitness shall normally be between the hours of 0800 and 1700. All shift Ratified Collective Bargaining Agreement 2008 2011 – 2010 2013 IAFF Local No. 3728 30 employees shall be allowed ninety (90) minutes per shift for physical fitness activities. 35.4.2 Scheduled time for physical fitness shall normally be between the hours of 0800 and 1700, provided said physical fitness periods shall not interfere with scheduled shift work such as drills, training, inspections, or emergency responses. Article 36 SHIFT EXCHANGES 36.1 Employees shall have the right to exchange shifts when the exchange does not interfere with the operation of the Fire Department. Shift exchanges shall result in no additional cost to the City nor interfere with the operation of the Department as determined by the Fire Chief or designee. 36.2 All shift exchanges shall be submitted in writing and approved forty-eight (48) hours in advance by the affected supervisor (including paybacks) unless deemed an emergency nature by the Department. Supervisors shall have the right to approve/disapprove all shift trades. 36.3 It is understood by both parties that “no additional cost” means that the City will not cover any cost to maintain minimum staffing. 36.4 It is further understood that a shift exchange is a private contract entered into between two independent parties and that the individual requesting the shift exchange is responsible to make certain that his/her shift will be covered. It is the responsibility of the original person scheduled to work and who is requesting the shift exchange is obligated to find a third party to work the shift if the party agreeing to the shift exchange is not able to report for duty. 36.5 If a third party cannot be found, then the person originating the request for the shift exchange must report for their scheduled shift, or agree to being docked the full cost of any overtime needed to fill the vacancy. 36.6 In the event that the originator of the shift exchange request is “out-of-town” or otherwise cannot be reached, the shift will be filled using overtime. Under this scenario, the originator of the shift exchange will have two opportunities to “pay back” the cost of overtime to the City as follows: 36.6.1 Be “docked” the full overtime cost; or, 36.6.2 Agree to work a shift equal to the time lost as scheduled by the Department. The scheduled overtime will not, unless there is no other alternative, be a “mandatory” overtime situation. Article 37 PROMOTIONS 37.1 Promotional testing shall be in accordance with the City’s Civil Service guidelines and procedures as set forth in this Agreement. Ratified Collective Bargaining Agreement 2008 2011 – 2010 2013 IAFF Local No. 3728 31 37.2 The City and Union agree that the specific qualifications for all promotional positions, such as education, experience and time-in-grade shall be discussed and agreed upon by the Department and Union through the regular Labor- Management meeting process. 37.3 The City and the Union agree that announcements of promotional exams shall be posted at all City Fire Stations in accordance with the timeframes discussed and agreed upon by the Department and Union through the regular Labor- Management meeting process. 37.4 Relevant study materials shall be made available to interested employees at the time of posting. 37.5 In the event that no promotional candidate passes the promotional examination, the City and Union agree to discuss and agree upon meet and confer about an alternative selection process. Article 38 PARAMEDIC VESTING 38.1 The City recognizes that from time to time employees serving as Firefighter / Paramedic may request to be reassigned permanently to the position of Firefighter / EMT. The employee must have served in the position of Firefighter/Paramedic with the City for a minimum of five (5) years. This request for permanent reassignment is differentiated from periodic requests for temporary assignments to an engine company as a relief from Paramedic duties. 38.2 The request will be handled on a first-come, first-serve basis in conjunction with the needs of the City. The request shall be provided to the Fire Chief or designee a minimum of six (6) months prior to the requested date of reassignment. The City will notify the employee requesting transfer within twenty (20) calendar days whether the request has been approved, and of an anticipated date for the return to Firefighter / EMT. 38.3 Assignment to engine company duties is dependent on the existence of an open position in the Firefighter / EMT ranks. An open position shall be defined as a vacant authorized Firefighter / EMT position which may occur as a result of routine turnover, addition of positions, or promotions. 38.4 Employees serving as Firefighter / Paramedic that are reassigned as a Firefighter/ EMT following the process detailed in Sections 38.1 through 38.3 will be entitled to a portion of their Paramedic incentive pay in the following manner: 5 years as Paramedic 50% of ALS premium 6 years as Paramedic 60% of ALS premium 7 years as Paramedic 70% of ALS premium 8 years as Paramedic 80% of ALS premium Ratified Collective Bargaining Agreement 2008 2011 – 2010 2013 IAFF Local No. 3728 32 9 years as Paramedic 90% of ALS premium 10 years + as Paramedic 100% of ALS premium 38.5 The newly assigned Firefighter/EMT shall have hishis/her pay, including COLAs and step increases, frozen until the Firefighter First Class pay meets the pay received by the newly assigned Firefighter/EMT. Article 39 MEDICAL CERTIFICATION AND TRAINING 39.1 This Article refers to all initial certification and continuing education, required by the Employer, Snohomish County, and the State of Washington to maintain all levels of Emergency Medical Technician (“EMT”) and Paramedic certification. 39.2 All books, tuition, instructor fees, and material required for certification shall be provided by the Employer. Reimbursement for all related expenses will be according to City Policies and Procedures 3.8 and 5.1the most current edition of the City Policy and Procedure manual. 39.3 The Employer shall provide all initial EMT training on-duty or on an overtime basis. Any employee allowed to advance their skills to the next level shall receive their training on-duty or an overtime basis. 39.4 The Employer shall make available to all employees either on-duty or on an overtime basis all training required to maintain their certification. 39.5 Employees having difficulty with the EMT or Paramedic certification shall be given counseling, additional on-duty study time, and any reasonable support needed by the employee to certify or maintain certification. 39.6 Employees who fail to certify or re-certify twice (2 times) consecutively shall retake the course and examination on their own time and expense 39.7 Any employee failing to certify after a third (3rd) failure to certify or re-certify completing the above procedure may be demoted or terminated by the Fire Chief or designee. Article 40 UNIFORMS AND CLOTHING 40.1 The Employer shall provide each new regular full-time employee covered by this Agreement with the following list of uniform / clothing items, including appropriate insignias (i.e. patches, badge, silk-screening, etc.):  3 work pants  6 tee shirts  4 work shirts  2 sweatshirts  1 belt  1 pair work boots Ratified Collective Bargaining Agreement 2008 2011 – 2010 2013 IAFF Local No. 3728 33  1 winter weight jacket  1 baseball style cap  1 Class A Dress Uniform.  Helmet with eye protection  Bunker jacket  Bunker pants  Protective hood  Suspenders  Gloves  Boots  Flashlight 40.2 The Department shall utilize a uniform quartermaster system administered by the Fire Chief or designee that allows for the approval and distribution of initial and replacement uniforms. A chain of command order system shall be established and replacement gear issued when worn out gear has been turned in. 40.3 Other – All initial issue and replacement uniform items and vendor(s) shall be approved in advance by the Fire Chief or designee. 40.4 All uniforms and equipment issued by the Employer to each employee shall remain the property of the Employer. 40.5 The Fire Chief or designee shall determine the appropriate uniform for each work shift. Article 41 TRAINING CAPTAIN 41.1 The Training Captain position shall report directly to the Fire Chief or designee. His/her primary responsibility shall be coordinating department training and serving as the Department’s Health & Safety Officer. He/she shall have other training and safety responsibilities as directed by the Chief. 41.2 If during the term of this agreement the City establishes a training captain position (other than the current arrangement) the Union agrees to negotiate the impacts of the position with the City.The hours of work for the Training Captain position shall be a “floating” shift consistent with Article 12.9 of the contract. Effective on January 9, 2006, the bargaining unit member filling the Training Captain position shall be entitled to receive holiday pay and to otherwise be treated as a 24 hour shift employee as set forth in Article 12.9 of the contract. 41.3 The position of Training Captain shall be assigned by seniority except as set forth below. On each occasion when the Training Captain position becomes available, the highest senior current Captain who has not yet held the position of Training Captain shall be given the first opportunity to fill the position. On the first occasion when a Captain is provided with the opportunity to fill the Training Captain position, the Captain may, on that occasion only, defer that opportunity. Ratified Collective Bargaining Agreement 2008 2011 – 2010 2013 IAFF Local No. 3728 34 If unfilled because of deferral, then the position shall be filled by the next highest senior current Captain. If a Captain has previously exercised his or her right of deferral as provided for herein, then that Captain must fill the Training Captain position on the next occasion when the position becomes available. Notwithstanding the above language, a qualified Captain may serve as Training Captain if that employee volunteers for that duty. If volunteering, the Captain must serve in the position for two years. If, after that voluntary two year cycle, no other Captain volunteers to fill the position, the seniority selection process shall apply. 41.4 The duration of the position shall be for a minimum of two (2) years and may be extended for an additional one (1) year if mutually agreed upon by the Chief and Training Captain. Once a person has finished the allotted time he/she shall not be eligible again until all remaining Captains have rotated through. Under no circumstances shall the same Captain work two (2) rotations consecutively. Article 42 EMS LEAD 42.1 The Medical Services Officer (MSO) designation shall be replaced with one (1) EMS Lead per shift. EMS Leads shall be non-probationary full-time Firefighters. The position of EMS Lead is a special assignment position receiving incentive pay as outlined in Article 15 of this agreement. 42.2 The specific duties, roles, and responsibilities for the EMS Lead position shall be determined through the regular Labor-Management meeting process. These duties shall may be reviewed during the course of the first year of this agreement as needed to ensure the position is meeting the needs of the department. 42.3 The selection process for the EMS Lead position shall be determined through the regular Labor-Management meeting process. 42.4 The EMS Lead position shall report to the Shift Officer for regular shift duties and assignments, but shall report to the Medical Services Administrator for EMS duties and responsibilities as determined through the regular Labor-Management meeting process. 42.442.5 Effective May 1, 2011, the EMS Lead position shall be eliminated. 43.1 Article 43 DEFERRED COMPENSATION PROGRAM 43.1 Regular full-time employees shall be eligible to participate in a matching program known as the state of Washington Deferred Compensation Program, herein after known as the “Program”, as an alternative to participating in Social Security. Enrollment and continued participation shall be in accordance with the rules and regulations of the Program and the City-wide administrative requirements of the Employer. Ratified Collective Bargaining Agreement 2008 2011 – 2010 2013 IAFF Local No. 3728 35 43.2 43.2 Conditions for participation in the Program shall include, but not be limited to the following: 43.3 43.3 The Program shall be a dollar for dollar match between employee and Employer, with the Employer share not to exceed the amount that it would ordinarily contribute to the Social Security program. 43.243.4 Contribution amounts shall be adjusted as changes in the Social Security rate occur. 43.343.5 The amount of the Employer’s contribution shall be based on the employee’s gross base wage. The gross base wage includes base salary and educational incentives. 43.443.6 Employees may choose to increase their portion of the contribution should they choose to defer the maximum allowable. However, the total amount deferred monthly may not exceed the maximum allowable per the Program regulations. 43.543.7 It is the responsibility of the employee to contact the State of Washington Deferred Compensation Program in order to initiate changes to their monthly- deferred amounts. Sufficient time must also be given to the City’s Finance Department for processing. Article 44 TERM OF AGREEMENTLATERAL TRANSFER EMPLOYEESThe terms of this Agreement shall become effective January 1, 2008, unless otherwise specified herein, and shall remain in effect through December 31, 2010. 44.1 Lateral transfer employees must meet the minimum medical and health requirements of LEOFF Retirement System as administered by the State of Washington Department of Retirement Systems. 44.2 At the time of application, the lateral transfer will be a full-time paid member of a Fire Department with at least three (3) years of continuous employment. The transfer applicant will possess all certifications, training, and license(s) as required by Washington State and the City of Arlington, as outlined by the Civil Service Commission. 44.3 The lateral transfer applicant must be a member of good standing with the International Association of Fire Fighters. The applicant shall have no disciplinary action pending or in place with his/her current employer. 44.4 The lateral transfer applicant shall be enter the payscale at the level of a Firefighter Second Class. Longevity pay will apply to the time served with the City of Arlington Fire Department. 44.5 Every three (3) years of service the applicant has served with their current employer will count as one (1) year of service with the City for the purpose of Ratified Collective Bargaining Agreement 2008 2011 – 2010 2013 IAFF Local No. 3728 36 determining vacation and sick leave accrual. A sick leave bank of seventy-two (72) hours will be established at the time of hire. 44.6 Any other concerns shall be discussed and agreed upon through the regular Labor-Management process. Executed this __________ day of ___________________, 20072011. Arlington Firefighters Organization City of Arlington Local #3728, IAFF By:_________________________ By:___________________________ President Mayor Date:________________________ Date:_________________________ Ratified Collective Bargaining Agreement 2008 2011 – 2010 2013 IAFF Local No. 3728 37 APPENDIX “A” to the AGREEMENT By and between The City of Arlington and Arlington Firefighters Organization, Local #3728, IAFF January 1, 2008 2011 through December 31, 20102013 This Appendix “A” is supplemental to the Agreement by and between the City of Arlington, Washington, hereinafter referred to as the Employer, and the Arlington Firefighters Organization, Local #3728, IAFF, hereinafter referred to as the Union. A.1 Effective January 1, 20082011, the following rates of pay for employees covered by the Agreement shall be as follows: (2007 rate plus 100% CPI-U (Seattle- Tacoma-Bremerton) July 2006-June 2007, plus 1%. In no event shall the aggregate wage increase be more than 4.5%, nor less than 2.5%.) Classification Completed month of Continuous Employment Salary per Month Probationary Firefighter (75%) 0-6 months $ 4246 4548 Firefighter Fifth Class (80%) 7-12 months $ 4529 4851 Firefighter Fourth Class (85%) 13-24 months $ 4813 5156 Firefighter Third Class (90%) 25-36 months $ 5096 5458 Firefighter Second Class (95%) 37-48 months $ 5379 5762 Firefighter First Class (100%) 49+ months $ 5662 6065 Lieutenant (110%) ------------------------------- $ 6228 6671 Captain (120%) ------------------------------- $ 6794 7278 A.2 Wage Increases – Any wage increase shall become effective the first of the month, coincident with or next following the employee’s anniversary date of employment. A.3 Effective May 1, 2011, the wage rates contained in Section A.1 shall be increased as follows: Classification Completed month of Continuous Employment Salary per Month Probationary Firefighter (75%) 0-6 months $ 4564 Firefighter Fifth Class (80%) 7-12 months $ 4868 Ratified Collective Bargaining Agreement 2008 2011 – 2010 2013 IAFF Local No. 3728 38 Firefighter Fourth Class (85%) 13-24 months $ 5172 Firefighter Third Class (90%) 25-36 months $ 5477 Firefighter Second Class (95%) 37-48 months $ 5781 Firefighter First Class (100%) 49+ months $ 6085 Lieutenant (110%) ------------------------------- $ 6694 Captain (120%) ------------------------------- $ 7302 A.3 Effective January 1, 2012, the wage rates contained in Section A.1 shall be increased by 100% CPI-U (Seattle-Tacoma-Bremerton) July 2010 – June 2011, with a minimum of 0% and a maximum of 1.5%.. A.3 Effective January 1, 2009, the wage rates contained in Section A.1 shall be increased by 100% CPI-U (Seattle-Tacoma-Bremerton) July 2007-June 2008, plus 1%. In no event shall the aggregate wage increase be more than 4.5%, nor less than 2.5%. A.4 Effective January 1, 2013, the wage rates described in Section A.3 shall be increased by 100% CPI-U (Seattle-Tacoma-Bremerton) July 2011 – June 2012., with a minimum of 0% and a maximum of 1.5%. A.4. Effective January 1, 2010, the wage rates described in Section A.3 shall be increased by 100% CPI-U (Seattle-Tacoma-Bremerton) July 2008-June 2009, plus 1%. In no event shall the aggregate wage increase be more than 4.5%, nor less than 2.5%. A.5 In the event an employee is on disciplinary status becomes otherwise eligible for a wage increase in accordance with Sections A.2 ,A.3 or A.4, such increases shall not be granted until the employee has been removed from such status by the Fire Chief or designee. There shall be no retroactive pay adjustment under such circumstances. A.6 Nothing herein shall prohibit the Employer from paying wage rates above those contained in this Appendix A. Executed this __________ day of ___________________, 20072011. Arlington Firefighters Organization City of Arlington Local No.3728, IAFF By:_________________________ By:___________________________ President Mayor Date:________________________ Date:_________________________ Ratified Collective Bargaining Agreement 2008 2011 – 2010 2013 IAFF Local No. 3728 39 APPENDIX “B” to the AGREEMENT By and between The City of Arlington And Arlington Firefighters Organization, Local #3728, IAFF January 1, 2008 2011 through December 31, 20102013 This Appendix “B” is supplemental to the Agreement by and between the City of Arlington, Washington, hereinafter referred to as the Employer, and the Arlington Firefighters Organization, Local #3728, IAFF, hereinafter referred to as the Union. B.1 Effective January 1, 20082011, the following comparables shall be used: Marysville Fire District/Snohomish County Fire District No. 12 Snohomish County Fire District No. 3, Monroe City of Mukilteo Fire Department Snohomish County Fire District No. 4, Snohomish Snohomish County Fire District No 8, Lake Stevens City of Tumwater Fire Department East Pierce Fire & Rescue Executed this __________ day of ___________________, 20072011. Arlington Firefighters Organization City of Arlington Local No.3728, IAFF By:_________________________ By:___________________________ President Mayor Date:________________________ Date:_________________________ Ratified Collective Bargaining Agreement 2011 – 2013 IAFF Local No. 3728 AGREEMENT by and between THE CITY OF ARLINGTON and ARLINGTON FIREFIGHTERS ORGANIZATION LOCAL NO. 3728 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS January 1, 2011 through December 31, 2013 Ratified Collective Bargaining Agreement 2011 – 2013 IAFF Local No. 3728 2 TABLE OF CONTENTS Article 1 Preamble . . . . . . . 4 Article 2 Recognition and Union Membership . . . . 4 Article 3 Duration . . . . . . . 5 Article 4 Management Rights . . . . . . 5 Article 5 Non-Discrimination . . . . . . 6 Article 6 No Strikes or Lockouts . . . . . . 6 Article 7 Separability and Savings . . . . . 7 Article 8 Mergers, Acquisitions, Alliances, or Consolidations . . 7 Article 9 Union Business and Bulletin Board . . . . 7 Article 10 Discipline . . . . . . . 8 Article 11 Grievance Procedure . . . . . . 9 Article 12 Hours of Work . . . . . . . 11 Article 13 Health and Welfare Insurance . . . . . 12 Article 14 Acting Pay . . . . . . . 15 Article 15 Incentive Pay . . . . . . . 16 Article 16 Longevity Pay . . . . . . . 17 Article 17 Callback Pay / Overtime . . . . . 17 Article 18 Shift Vacancies . . . . . . . 17 Article 19 Holidays . . . . . . . 18 Article 20 Vacation Leave . . . . . . . 19 Article 21 Sick Leave . . . . . . . 20 Article 22 Shared Leave . . . . . . . 21 Article 23 Military Leave . . . . . . . 21 Article 24 Family & Medical Leave . . . . . 21 Ratified Collective Bargaining Agreement 2011 – 2013 IAFF Local No. 3728 3 Article 25 Jury Duty . . . . . . . 21 Article 26 Bereavement Leave . . . . . . 21 Article 27 Personal Leaves of Absence . . . . . 22 Article 28 Probation Periods . . . . . . 22 Article 29 Seniority . . . . . . . 22 Article 30 Legal Protection . . . . . . 22 Article 31 Prevailing Rights . . . . . . 23 Article 32 Light Duty . . . . . . . 23 Article 33 Shift Bids . . . . . . . 23 Article 34 Personnel Reduction . . . . . . 24 Article 35 Physical Fitness . . . . . . . 26 Article 36 Shift Exchanges . . . . . . . 26 Article 37 Promotions . . . . . . . 27 Article 38 Paramedic Vesting . . . . . . 27 Article 39 Medical Certification and Training . . . . 28 Article 40 Uniforms and Clothing . . . . . . 29 Article 41 Training Captain . . . . . . 30 Article 42 EMS Lead . . . . . . 30 Article 43 Deferred Compensation 31 Article 44 Lateral Transfer Employees 31 Appendix A . . . . . . . . . 33 Appendix B . . . . . . . . . 35 Ratified Collective Bargaining Agreement 2011 – 2013 IAFF Local No. 3728 4 Article 1 PREAMBLE 1.1 This Agreement is entered into effective January 1, 2011, between the City of Arlington and Local No. 3728, International Association of Firefighters. The parties recognize that the Mayor is the Chief Executive Officer and the Fire Chief, or designee, is the official of the day-to-day operations of the Fire Department. Accordingly, the term “Employer” and “City” shall be used herein and shall apply interchangeably to those officials or their authorized designees. Local No. 3728, IAFF, shall herein be referred to as the “Union” or “Bargaining Unit Members.” 1.2 The Employer and the Union recognize the need to provide efficient service to the public and to enhance the quality of service. Further, both parties agree to the need for establishing and maintaining a sound labor-management relationship and mutually agree to continue working toward this goal. Each party has been afforded the opportunity to put forth all its proposals and to bargain in good faith and both parties agree that this Agreement expresses the results of their negotiations. Therefore, to ensure the stability of this Agreement, no new provisions shall be proposed during the term of the Agreement, unless provided for elsewhere in this Agreement or such specific proposal is entertained by mutual agreement of the parties in writing. Article 2 RECOGNITION AND UNION MEMBERSHIP 2.1 The Employer recognizes the Union as the sole and exclusive bargaining agent for all regular full-time uniformed Fire And Emergency Medical Service employees of the City of Arlington Fire Department, excluding supervisors, confidential employees, part-time employees, per diem personnel and non-uniformed employees, consistent with Public Employment Relations Commission Decision 5814, Case 12858-E-96-2152, dated January 30, 1997. 2.2 All employees covered by this Agreement shall, as a condition of continued employment, within thirty-one (31) days of employment become and remain members of the Union in good standing. Any employee who fails to comply shall be terminated. 2.3 If, due to religious conviction, an employee does not wish to be a member of the Union, the employee may at their option do one of the following 2.3.1 Pay each month a service charge equal to regular union dues and assessments to the Union; OR 2.3.2 Pay an amount equal to the monthly Union dues and assessments to the Union who shall then transmit that amount to a non-religious charity in the Arlington area agreeable to the employee affected and the Union. The employee’s desired charity shall be stated in writing, signed by the employee, and submitted to the Union president. Ratified Collective Bargaining Agreement 2011 – 2013 IAFF Local No. 3728 5 2.4 Payroll Deduction – The Employer shall deduct from the pay of each employee covered by this Agreement, upon their written authorization, the dues and fees of the Union, and shall remit to said Union all such deductions monthly. The Union shall indemnify, defend, and hold the Employer harmless against any claims made and against any suit instituted against the Employer on account of any check-off of dues and fees for the Union. Changes in the amount of said deduction shall be made twice annually, January 1 and July 1. Exceptions shall be for new employees, as needed. The Union shall refund to the Employer any amounts paid to it in error on account of this check-off provision upon presentation of proper evidence thereof. Article 3 DURATION This Agreement shall become effective January 1, 2011 and shall remain in full force through December 31, 2013. It shall be automatically extended for successive one (1) year periods, unless either party gives written notice to the other not later than July 1, in the year of expiration of its desire to terminate, modify, amend, or change this Agreement for the subsequent year(s). A notice shall specify the Articles subject to negotiation. Article 4 MANAGEMENT RIGHTS 4.1 All the functions, rights, powers, and authority that are not specifically abridged, delegated, or modified by this Agreement are recognized by the Union as being retained by the Employer. These rights include, but are not limited to the following: 4.1.1 To maintain efficiency and to make, alter, and enforce reasonable rules and regulations to be observed by employees, provided such rules and regulations are not contrary to the terms and conditions set forth in this Agreement. 4.1.2 To direct, hire, promote, demote, transfer, and for just cause suspend, discipline or dismiss employees. 4.1.3 To evaluate jobs, classify positions, establish qualifying requirements of employees and specify employee duties. 4.1.4 To manage and operate the service in all respects and without restricting the generality of the foregoing, to determine the number and location of establishments, the services to be rendered, the methods, the work procedures, the kinds and locations of instruments and equipment to be used; to select, control, and direct the use of all materials required in the operation of services to be provided and performed; to schedule work; to make, alter, and enforce regulations governing the use of materials, equipment, and services as may be deemed necessary by the Employer, provided that such regulations are not contrary to the terms and conditions set forth in this Agreement. Ratified Collective Bargaining Agreement 2011 – 2013 IAFF Local No. 3728 6 4.2 . Any conflict between the provisions of this Agreement and the City of Arlington Civil Service Rules and Regulations shall be resolved as follows: (a) to the extent the Agreement does not address a matter (i.e., discipline, seniority, lay offs, etc.), and Civil Service does, then Civil Service shall prevail; and (b) to the extent the Agreement addresses a matter (i.e., discipline, seniority, lay offs, etc.) and Civil Service also does so, the Agreement shall prevail. 4.3 The Employer and the Union agree that the statement of management rights contained in this Article 4, shall be for illustrative purposes only and is not to be construed or interpreted so as to exclude those prerogatives not mentioned which are inherent to management including those prerogatives not granted by law. It is the intention of the Employer and the Union that the rights, powers, authority and functions of management shall remain exclusively vested in the Employer, except insofar as expressly and specifically surrendered or limited by the express provisions of the Agreement. The exercise of these rights shall not be subject to the grievance procedure of this Amendment. Article 5 NON-DISCRIMINATION 5.1 No employee shall be discriminated against for upholding Union principles or serving on a Union Committee. The Employer and the Union shall not unlawfully discriminate against any individual with respect to his/her hiring, compensation, terms or conditions of employment because of such individual’s race, color, religion, sex, national origin, Vietnam-era veteran status, marital status, or the presence of any physical, mental or sensory handicap, or age, unless such is a bona fide occupational qualification, nor shall they limit, segregate, or classify employees in any way to deprive any individual employee of his/her employment opportunities, except as such may be a bona fide occupational qualification. 5.2 Wherever words denoting a specific gender are used in this Agreement, they are intended and shall be construed so as to apply equally to either gender. Article 6 NO STRIKES OR LOCKOUTS 6.1 The Employer and the Union recognize that the public interest requires the efficient and uninterrupted performance of all Employer’s services and to this end pledge their best efforts to avoid or eliminate any conduct contrary to this objective. 6.2 During the term of this Agreement, the Union shall not cause or condone any work stoppage, strike, slowdown or other interference with Employer functions by employees under this Agreement, and should same occur, the Union shall take all steps to end such interference immediately. Employees who engage in any of the afore-referenced actions may be subject to disciplinary action up to and Ratified Collective Bargaining Agreement 2011 – 2013 IAFF Local No. 3728 7 including discharge. The Employer shall not lock out any employee during the life of this Agreement. 6.3 Any claim by the Employer that the Union has violated this Article shall not be subject to the grievance procedure of this Agreement and the Employer shall have the right to submit such claims to the courts. Article 7 SEPARABILITY AND SAVINGS Should any provision(s) of this Agreement be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance or enforcement of any provision(s) should be restrained by such tribunal pending a final determination as to its validity, the remainder of this Agreement as it relates to persons or circumstances other than those to which it has been held invalid shall not be affected thereby. In the event that any provision of this Agreement is held invalid or enforcement of or compliance with has been restrained, as hereinafter set forth, the Employer and the Union shall enter into immediate collective bargaining negotiations upon the written request of either party for the purpose of arriving at a mutually satisfactory replacement for such provisions during the period of invalidity or restraint. Said negotiations shall be confined to the provision(s) held to be invalid unless mutually agreed to by the City and the Union. Article 8 MERGERS, ACQUISITIONS, ALLIANCES OR CONSOLIDATIONS In the event the City elects to combine, consolidate, acquire or relinquish any Fire or EMS services during the term of this Agreement, the City shall negotiate the affects of such action(s) with the Union pertaining to the wages, hours, and working conditions of the present members of the bargaining unit. Article 9 UNION BUSINESS AND BULLETIN BOARD 9.1 One Union official, who is an employee in the bargaining unit, may be granted time off while conducting business vital to the employees of the bargaining unit provided: a. The Union or the employee notifies the Employer in writing a minimum of forty-eight (48) hours prior to the start of the requested time-off period. b. The Employer is able to properly staff the employee’s job duties during the time-off period. c. The wage cost to the Employer is no greater than the cost that would have been incurred, had the Union official not taken the time off. 9.2 Union officials shall not transact Union business while working on shift, which in any way interferes with the operation or normal routine of the Fire Department. Ratified Collective Bargaining Agreement 2011 – 2013 IAFF Local No. 3728 8 9.3 The Union shall be allowed to hold its regular monthly meetings at either Fire Station. On-duty personnel may attend the meetings and shall remain in service and be alarm ready. 9.4 The Employer shall provide suitable space for a Union furnished bulletin board at each station location in an area frequented by all employees within the bargaining unit. The Union shall limit its posting of notices and bulletins to such bulletin boards. Article 10 DISCIPLINE 10.1 Employees may be disciplined or discharged in good faith and for just cause. Discipline should be applied at progressive levels to allow the employee proper notice of misconduct and an opportunity to improve performance. The level or degree of discipline imposed shall be appropriately based on the employee’s severity of offense, the employee’s prior record of discipline and other relevant factors. 10.2 The Employer shall notify an employee of an investigation. The notification shall occur at the point in time that the Employer believes the potential for discipline exists. The notification shall include an e-mail and an official letter. The Employer shall also notify the Local President in the same manner. At the time the employee or the Local President acknowledges the notification, the timeline specified in 10.3 shall begin. 10.3 The Employer shall have fifteen (15) working days (non-weekend, non-holiday, non-furlough) to conduct an investigation related to potential discipline in 10.2. The investigation may be extended in five (5) day increments if mutually agreed upon by the Employer and the employee. In the absence of the employee, the Local may speak on behalf of the employee with regard to extensions of an investigation. 10.4 The Employer shall issue a written complaint within fifteen (15) working days (non-weekend, non-holiday, non-furlough) of the conclusion of said investigation. 10.5 Prior to the imposition of discipline or discharge, the employee shall be provided a copy of the alleged violation and all relevant, non-attorney-client privileged documents the Employer has in its possession related to the discipline being imposed. 10.6 The Employer shall hold a pre-disciplinary hearing no later than fifteen (15) working days (non-weekend, non-holiday, non-furlough) from the time the employee was provided with the written complaint. At the hearing the employee will be given an opportunity to present his/her side of the issue. 10.7 The employee shall have the right to legal and/or Union representation present at any meeting held with the Employer to discuss potential disciplinary action. Ratified Collective Bargaining Agreement 2011 – 2013 IAFF Local No. 3728 9 10.8 The Employer may suspend an employee with pay pending the final decision as to the appropriate discipline resulting from the pre-disciplinary hearing. 10.9 Disciplinary action or measure shall include only the following: (a) verbal counseling, (b) written reprimand, (c) up to fourteen (14) calendar day suspension without pay (maximum five (5) shifts for twenty-four (24) hour shift employees), (d) demotion of pay class in accordance with Section 10.9.1 and 10.9.2 below, and (e) discharge. 10.9.1 Demotions of officers (Captains, Lieutenants) shall be based on the provisions of Section 10.1 of this Agreement, and be permanent, except that any officer demoted shall be eligible for any future promotions. 10.9.2 Demotions of non-officers shall be temporary and last no longer than six (6) months, provided employee is meeting all performance standards as outlined in performance evaluations and established expectations, as evaluated by the Fire Chief or designee. Demotions will be for one class in pay. Article 11 GRIEVANCE PROCEDURE 11.1 Definition – A grievance is any dispute between the Employer and an employee or the Union that may arise because of interpretation, application, or alleged violation of any specific terms or provisions of this Agreement. Whenever possible, grievances should be settled on an informal basis with an employee’s immediate supervisor. 11.2 Grievances may be processed through either the Grievance Procedure or City of Arlington Civil Service Rules and Regulations. The choice of the administrative process shall preclude the utilization of the other. 11.3 Step 1 – If the grievance cannot be settled informally, the grievant shall present his/her grievance to the Union President, who may appoint a committee to inquire into the facts and/or circumstances of the complaint. If the complaint is found to be valid, the President and/or grievance committee shall, within fifteen (15) working days (non-weekend, non-holiday, non-furlough) of the act giving rise to the complaint, or when the grievant should have reasonably known of the act giving rise to the complaint, submit the grievance in writing to the Fire Chief or designee. The written grievance shall include the following information: a. The Article(s) of the Agreement allegedly violated b. The facts of the matter c. The remedy sought The Fire Chief or his/her designee shall issue a written response including his/her decision and reasons therefore within ten (10) working days (non-weekend, non- holiday, non-furlough) of receipt of the complaint. If settlement is not reached, Ratified Collective Bargaining Agreement 2011 – 2013 IAFF Local No. 3728 10 the grievant may submit an appeal of the grievance to the City Administrator or designee for further consideration. Such appeal, including all paperwork pertinent to the case, shall be submitted within ten (10) working days (non-weekend, non- holiday, non-furlough) of the Fire Chief or designee’s decision. 11.4 Step 2 – The City Administrator or designee shall investigate the matter and issue a written response within ten (10) working days (non-weekend, non-holiday, non- furlough) of his/her receipt of the grievance. If settlement is not reached, the grievant may submit the matter to the Mayor for further consideration. Such appeal, including all paperwork pertinent to the case, shall be submitted within ten (10) working days (non-weekend, non-holiday, non-furlough) of the City Administrator or designee’s decision. 11.5 Step 3 – The Mayor or designee shall investigate the matter and issue a written response within ten (10) working days (non-weekend, non-holiday, non-furlough) of receipt of the grievance. 11.6 If settlement is not reached in Step 3, the Union may submit the matter to mediation by providing notice to Employer of the desire for mediation in the notice of appeal provided for in Step 2 or may submit the matter directly to arbitration according to Section 11.7 below. Within fifteen (15) working days (non-weekend, non-holiday, non-furlough) of the Union’s notification to Employer of the Union’s desire to mediate, the two (2) parties shall agree upon a mediator drawn from a panel of neutral mediators trained in grievance mediation. Such mediator may be from PERC or other public or private mediation service. The mediator will attempt to assure that all necessary facts and considerations are disclosed, but will not have authority to compel resolution of the grievance. The parties will not be limited solely to the facts and arguments presented at the earlier steps of the grievance procedure. No transcript or record of the mediation conference will be made, nor will formal rules of evidence be followed. 11.7 Arbitration – The Union may notify the Employer within ten (10) working days (non-weekend, non-holiday, non-furlough) of the Mayor or designee’s decision, or, if mediation is used, the end of mediation, in writing of the decision to submit the matter to arbitration and the parties shall submit a joint request to the FMCS or other mutually agreed to arbitration organization for a list of seven (7) arbitrators from which the parties shall select a neutral using the traditional striking method. The initial strike shall be determined by coin toss between the two parties. Nothing herein shall prevent the parties from mutually agreeing to another method of arbitrator selection. 11.7.1 The arbitrator thus chosen shall hear both sides of the issue in closed hearing and shall issue a decision which shall be final and binding to both parties within thirty (30) calendar days. Ratified Collective Bargaining Agreement 2011 – 2013 IAFF Local No. 3728 11 11.7.2 The arbitrator shall be limited to determining whether there has been a violation, misinterpretation, or improper application of the terms and conditions of this Agreement and the appropriate remedy. 11.7.3 Expenses and compensation for arbiter services and the proceedings shall be shared equally by both parties; provided, however, that each party shall be completely responsible for all costs of preparing and presenting its own case. If either party desires a record of the proceedings, it shall solely bear the costs of obtaining such records. 11.8 It is the intent of the parties that all time limits shall be complied with; provided, however, time limits may be extended by mutual written consent of both parties. 11.9 If no response is received from the Employer by the end of the time limit for its consideration of the grievance, the grievant, or where applicable under Sections 11.6 and 11.7 above, the Union, may advance the grievance to the next Step. 11.10 If the grievant does not meet the time limits prescribed for its action, the grievance shall be considered withdrawn. Article 12 HOURS OF WORK 12.1 The City and the Union recognize that as the Fire Department grows, the need for a variety of shifts and staffing patterns will need to change to best serve the public within budget limitations. 12.2 Unless otherwise agreed to by the parties, personnel assigned to non-shift duty will work either an eight (8) hour work shift consisting of five (5) consecutive workdays, followed by two (2) consecutive days off or a ten (10) hour shift consisting of four (4) consecutive workdays followed by three (3) days off. The standard schedule for each eight (8) hour shift shall begin on Monday mornings at a time specified by the Fire Chief or designee and last eight (8) consecutive hours unless otherwise mutually agreed upon by the parties. Each ten (10) hour shift shall normally begin at 0700 and end at 1700 hours unless otherwise mutually agreed upon by the Union and the City consistent with the provisions of the Fair Labor Standards Act. 12.3 Currently, D Shift is working 0600 to 1800 on Sunday, Monday, Tuesday and every other Saturday. E Shift is working Wednesday, Thursday, Friday and every other Saturday. This schedule shall remain in effect unless another schedule can be mutually agreed upon by both parties. Any such new schedule must be consistent with the requirements of the Fair Labor Standards Act. 12.4 The standard twenty-four (24) hour shift shall consist of the following twenty- four (24) day cycle: 48 HOURS = ON DUTY 96 HOURS = OFF DUTY Ratified Collective Bargaining Agreement 2011 – 2013 IAFF Local No. 3728 12 48 HOURS = ON DUTY 96 HOURS = OFF DUTY 48 HOURS = ON DUTY 96 HOURS = OFF DUTY 48 HOURS = ON DUTY 96 HOURS = OFF DUTY Thus completing the twenty-four (24) day cycle. This shift shall begin at 0700 hours. 12.5 In 2011, each twenty-four (24) hour employee on the twenty-four (24) day cycle shall be entitled to a total of fourteen (14) “Kelly” shifts. One annual “Kelly” shift sign up schedule will be posted following the annual vacation sign up schedule. The employee shall be allowed to choose fifty percent (50%) plus one (1) for an odd number of “Kelly” shifts following the guidelines of the Fire Chief or designee. All “Kelly” shift sign ups shall be based on seniority. The remaining “Kelly” shifts shall be assigned by the Fire Chief or designee as to not cause hardship on the Fire Department. 12.6 Effective May 1, 2011, each twenty-four (24) hour employee on the twenty four (24) day cycle shall receive an additional Kelly day, raising the number of Kelly shifts to a total of fifteen (15). For 2011, this additional Kelly shift shall be scheduled so as not to cause any overtime and may be used to replace a previously approved vacation day. 12.7 For 2012 and 2013, each twenty-four (24) hour employee on the twenty-four (24) day cycle shall be entitled to a total of fifteen (15) “Kelly” shifts. One annual “Kelly” shift sign up schedule will be posted following the annual vacation sign up schedule. The employee shall be allowed to choose fifty percent (50%) plus one (1) for an odd number of “Kelly” shifts following the guidelines of the Fire Chief or designee. All “Kelly” shift sign ups shall be based on seniority. The remaining “Kelly” shifts shall be assigned by the Fire Chief or designee as to not cause hardship on the Fire Department. 12.8 Other shift arrangements and schedules, may be established by the Fire Chief or designee, with input from the Union. 12.9 Changes in an individual work schedule shall begin at the start of the next Kelly cycle following notification to the affected employee and the Union. Schedules may be changed on shorter notice in the event of emergency conditions or if the affected employee agrees to the schedule change on a shorter timeline. Such schedule changes will be made for demonstrated need and offered to members that qualify for the position by seniority. 12.10 Management has the right to establish shift arrangements. The scheduling of days to work and days off shall go with the job and not the employee. Ratified Collective Bargaining Agreement 2011 – 2013 IAFF Local No. 3728 13 12.11 The work schedule shall be published by December 15 for the following year. 12.10 The Employer recognizes the need to maintain coverage on each twenty-four (24) hour work shift as necessary in order to accommodate the vacation schedule and other operational requirements as determined by the Fire Chief or designee. In the event the City would like to utilize the floating shift in the future, the City and the Union agree to negotiate the impact of any such move prior to its implementation. EFFECTIVE JANUARY 1, 2011 THROUGH JULY 31, 2011, ARTICLE 13 SHALL READ AS FOLLOWS: Article 13 HEALTH AND WELFARE INSURANCE BENEFITS 13.1 General – Eligibility and continued employee and dependent participation in any group insurance or other financially based benefit plan provided by the Employer shall be in accordance with the applicable Group Insurance Plan Document or Master Plan Agreement. 13.2 Group Medical – The Employer shall pay 100% of the premiums that are necessary in order to maintain coverage under the AWC Employee Benefit Trust, Plan A, for enrolled employees and their qualifying dependents, EXCEPT THAT, each employee to whom group medical insurance coverage applies shall pay the Employer, on a monthly basis, an amount that will applied by the Employer towards the above-referenced premiums, and that is equal to one percent (1.0%) of the base monthly salary of a Firefighter 1st Class. Both parties acknowledge that AWC has indicated its intention to terminate the AWC Employee Benefit Trust, Plan A. In the event that occurs during the term of this agreement, the parties shall renegotiate the terms of this article. 13.3 Group Dental – The Employer shall pay one hundred percent (100%) of the premiums for eligible enrolled employees and their dependents for coverage under the AWC Group Dental Care Plan during the term of this agreement. 13.4 Group Vision – The Employer shall pay one hundred percent (100%) of the premiums for eligible enrolled employees and their dependents for coverage under the AWC Group Vision Care Plan during the term of this Agreement. 13.5 Group Life and Accidental Death and Dismemberment Insurance (AD&D) – The Employer shall pay one hundred percent (100%) of the premiums for eligible enrolled employees only for coverage under the AWC Group Life and AD&D Insurance Plan during the term of this Agreement. 13.6 Disability Insurance – The Union shall make available to each member of the bargaining unit, a short and long-term group disability insurance policy administered by the Washington State Council of Firefighters. The City shall contribute twenty-five dollars ($25) per month for each enrolled bargaining unit member during the term of this Agreement, in lieu of any City sponsored group Ratified Collective Bargaining Agreement 2011 – 2013 IAFF Local No. 3728 14 disability insurance plan. The City shall require proof of individual employee coverage. 13.7 WSCFF Medical Trust. The City will contribute Sixty and No/100 Dollars ($60.00) per month on behalf of each bargaining unit member toward the Washington State Council of Fire Fighters Post Retirement Medical Trust. EFFECTIVE AUGUST 1, 2011, ARTICLE 13 SHALL READ AS FOLLOWS: Article 13 HEALTH AND WELFARE INSURANCE BENEFITS 13.1 General – Eligibility and continued employee and dependent participation in any group insurance or other financially based benefit plan provided by the Employer shall be in accordance with the applicable Group Insurance Plan Document or Master Plan Agreement. 13.2 Medical and Dental Benefit The Employer agrees to pay the premium cost for all employees and their dependents for the medical, dental and life insurance coverage mutually agreed upon by the Union and the Employer less 1% of top step firefighter, which will be paid by the Employee. 13.2.1 The Union and the Employer agree that the medical insurance will be through LEOFF Health and Welfare Trust. 13.2.2 The Union and the Employer agree that the dental insurance will be through Washington Dental Service. 13.2.3 The Union and the Employer agree that the life insurance will be through The Standard Insurance Company. 13.3 Health Reimbursement Arrangement (HRA): 13.3.1 The City has adopted the Voluntary Employees’ Beneficiary Association Medical Expense Plan for Public Employees in the Northwest (“Plan”) as the HRA for the bargaining group. The Employer will establish a single account for each employee which holds all HRA funds. All costs associated with the account are Employer costs. Monthly, the Employer shall fund the HRA account with real dollars for each bargaining unit member as follows: Employee with no spouse or dependent $166.00 Employee with spouse and/or dependent $333.00 13.3.2 The HRA may be used for all IRS allowable expenses. Ratified Collective Bargaining Agreement 2011 – 2013 IAFF Local No. 3728 15 13.3.3 Accumulated balances will rollover each year with no cap on accumulated account totals. 13.3.4 Individual account funds shall rollover accumulated amounts as indicated above and shall include a survivorship option in the event of the Employees death and have continued reimbursement rights until all funds are used. 13.3.5 Individuals separating from the Employer shall continue to have access to their HRA balance (until depleted) as provided above. Employees separating with a negative HRA balance shall have the amount deducted from their final pay. 13.4 HRA Third Party Administrator - The HRA Third Party Administrator (TPA) shall be VEBA Service Group LLC. All costs associated with the TPA are Employer costs. 13.5 Benefits while on leave without pay or separation (within COBRA): The Employer will make available to the Employee on leave without pay or separated from the Employer the current medical and dental benefits at no cost to the Employer to the extent allowed under COBRA Law. 13.6 Benefit while on Disability Leave: The Employer will provide Employees on disability leave the benefit outlined in this Article. 13.7 Disability Insurance – The Union shall make available to each member of the bargaining unit, a short and long-term group disability insurance policy administered by the Washington State Council of Firefighters. The City shall contribute twenty-five dollars ($25) per month for each enrolled bargaining unit member during the term of this Agreement, in lieu of any City sponsored group disability insurance plan. The City shall require proof of individual employee coverage. 13.8 WSCFF Medical Trust. The City will contribute Sixty and No/100 Dollars ($60.00) per month on behalf of each bargaining unit member toward the Washington State Council of Fire Fighters Post Retirement Medical Trust. Article 14 ACTING PAY 14 .1 Any employee covered by this Agreement who is required to accept the responsibilities and duties of an Acting Officer shall be compensated the flat dollar amount that represents the difference between the then in effect Firefighter First Class rate of pay and 50% of the incentive premium of that position for the duration of the assignment. This shall not apply unless the position needs to be filled for a time greater than eight (8) hours. 14.2 The following criteria shall be used for assignments to acting in the capacity as a Captain: a. In the event there is an Acting Officer list, the vacancy shall be offered in the order of the highest test score to the available on-shift Ratified Collective Bargaining Agreement 2011 – 2013 IAFF Local No. 3728 16 Firefighter/EMT’s who are on the list. If not filled in this manner, the vacancy shall be filled by assignment in reverse seniority order. b. In the event there is no available on-shift Firefighter/EMT on the Acting Officer list, the vacancy shall be filled using the Department Overtime list by assignment of the next qualified individual. c. In the event there is no certified list for Acting Officer, the vacancy shall be filled at the discretion of the Fire Chief or designee. Firefighter/EMT’s who once are on the Civil Service Captain eligibility list shall be considered to be on the Acting Officer list. Ranking on the Acting Officer list shall be at the head of said Acting Officer list and shall be based on the individuals score attained on the Captain’s test. 14.3 An Acting Officer eligibility list shall be valid for a period of one (1) year with a possible six (6) month extension as set forth by the City’s Civil Service guidelines and procedures. Article 15 INCENTIVE PAY 15.1 Employees holding an EMT – Intravenous Therapy Technician certification shall be entitled to an additional two percent (2%) of the individual’s base rate per month compensation as a uniformed full-time Firefighter. 15.2 EMT/Paramedic: EMT/Paramedics in their first certification cycle (1st 3 year period as a Paramedic) shall receive an additional ten and one-quarter percent (10.25%) of the individual’s base straight time rate of pay as a uniformed full- time Firefighter. EMT/Paramedics in their second certification cycle and beyond (at least 4 years as a certified Paramedic) shall receive an additional twelve percent (12%) of the individual’s base straight time rate of pay as a uniformed full-time Firefighter. 15.3 Fire Mechanic Incentive: An Employee assigned and performing the job responsibilities of a Fire Mechanic shall be entitled to an additional 3% of the individual's base rate of pay as a full-time uniformed Firefighter. 15.4 EMS Lead: An Employee serving as an EMS Lead shall be entitled to an additional 3% of the individual’s base rate of pay as a full-time uniformed Firefighter. Effective May 1, 2011, the EMS Lead position and associated incentive pay shall be eliminated. 15.5 Notwithstanding any other provision of this Agreement, incentive pay discussed in Sections 15.1 through 15.3 of this Agreement and/or any future classifications or disciplines eligible for incentive pay shall be based on an individual’s base rate of pay as a full-time uniformed firefighter. An individual can receive incentive pay for each individual classification and/or discipline as long as they retain active, certified status. In the event a paramedic is promoted to an officer rank, the Ratified Collective Bargaining Agreement 2011 – 2013 IAFF Local No. 3728 17 impact shall be negotiated to determine the incentive pay that shall be given to said assignment. 15.6 Educational Incentive 15.6.1 Employees covered by this Agreement with an Associates of Arts or Science degree in Fire Science and/or Administration or an allied field subject to the approval of the Fire Chief or designee shall receive an additional two (2.0%) of the individual’s base rate of pay. 15.6.2 Employees covered by this Agreement with an Bachelor of Arts or Science degree in Fire Science and/or Administration or an allied field subject to the approval of the Fire Chief or designee shall receive an additional four (4.0%) of the individual’s base rate of pay. 15.6.3 Employees covered by this Agreement with an Master of Arts or Science degree in Fire Science and/or Administration or an allied field subject to the approval of the Fire Chief or designee shall receive an additional six (6.0%) of the individual’s base rate of pay. Article 16 LONGEVITY PAY 16.1 Longevity pay shall be administered, using the following scale, and is to be added to the employee’s base monthly salary after five (5) years of accumulated full- time continuous service with the City at the following rate: After five (5) years - 1% After ten (10) years – 2% After fifteen (15) years – 3% 16.2 Longevity shall be calculated from the employee’s base monthly salary, not including any incentive pay for education or specialties. 16.3 Longevity pay adjustments shall become effective the first of the month, coincident with or next following the employee’s anniversary date of employment. Article 17 CALLBACK PAY / OVERTIME 17.1 An employee who is called back to work after having completed his/her normal shift shall receive his/her standard overtime rate of pay, subject to one (1) hour minimum. Time shall be accumulated in half-hour increments. 17.2 Department training or meetings required off-duty shall be compensated at their overtime rate of pay, subject to a one (1) hour minimum. Time shall be accumulated in half-hour increments. Ratified Collective Bargaining Agreement 2011 – 2013 IAFF Local No. 3728 18 17.3 All accumulated overtime hours will be paid as overtime at the appropriate rate of pay. Article 18 SHIFT VACANCIES 18.1 A shift vacancy is one that occurs as a result of such situations as death, resignation, removal, reassignment, transfer, promotion, permanent disability or a modification in staffing patterns. 18.2 Shift vacancies or other positions offered shall be filled by the Fire Chief or designee based on individual training, experience and demonstrated capability with consideration of seniority. In the event of a Paramedic shift vacancy requiring special qualifications above the duties of a Firefighter/EMT, the Employer’s shift vacancy posting shall list such special required qualifications. 18.3 Posting of shift vacancies shall be in each Fire Station for a period of thirty (30) calendar days. Any employee desiring to bid for the shift vacancy shall submit his/her request in writing to the Fire Chief or designee prior to the end of the posting period. Article 19 HOLIDAYS 19.1 The City and the Union agree to recognize 12 designated holidays each year. Holiday Date Observed New Year’s Day January 1st Martin Luther King Jr. Day 3rd Monday of January President’s Day 3rd Monday of February Memorial Day Last Monday of May Independence Day July 4th Labor Day 1st Monday of September Veteran’s Day November 11th Thanksgiving Day 4th Thursday of November Day after Thanksgiving Day 4th Friday of November Christmas Day December 25th 2 floating holidays Employee’s choice, with approval of Chief or designee 19.2 New employees shall qualify for paid holidays observed following date of hire. New employees shall be eligible to observe the floating holidays, based on a minimum of four (4) months’ continuous service with the Department. 19.3 Twenty-four (24) hour shift and twelve (12) hour shift employees whose normal work schedule includes work on a City designated holiday (19.1 above), shall earn holiday compensation pay at the rate of ten (10) hours per completed month of continuous service in lieu of observing holidays. Payment for holidays shall be Ratified Collective Bargaining Agreement 2011 – 2013 IAFF Local No. 3728 19 made once per year on the first regular payday in October. Payment shall be prorated for employees hired since the preceding January 1st. 19.4 The employee shall receive their straight-time rate of pay for holidays not worked. 19.5 When personnel are required to work on New Year’s Day, Thanksgiving Day, and Christmas Day as specified in Section 19.1 above, the responsibilities of that day will be restricted to emergency responses, apparatus checks, and immediate Fire Department needs. Article 20 VACATION LEAVE 20.1 All full-time employees scheduled to work eight (8), ten (10), or twelve (12) hour work shifts shall earn vacation allowances and shall be eligible for paid vacation time as follows: Completed Months of Continuous Employment Monthly Accrual Yearly Accrual Up to 12 months 8 hours 96 hours 13 – 24 months 10 hours 120 hours 25-36 months 12 hours 144 hours 37-48 months 14 hours 168 hours 49 months to 120 months 16 hours 192 hours 121 months and up 18 hours 216 hours 20.2 All full-time twenty-four (24) hour employees shall earn vacation allowances and shall be eligible for paid vacation time as follows: Completed Months of Continuous Employment Monthly Accrual Yearly Accrual Up to 12 months 8 hours 96 hours 13 – 60 months 12 hours 144 hours 61 – 120 months 16 hours 192 hours 121 months and up 20 hours 240 hours 20.3 New employees shall accrue vacation benefits from date of employment for use following six (6) calendar months of continuous employment. 20.4 One annual vacation sign-up schedule will be posted from November 1st through November 30th of the previous year, coordinated by the Fire Chief or designee. Sign-ups will be on a seniority basis and eligible employees will be allowed to Ratified Collective Bargaining Agreement 2011 – 2013 IAFF Local No. 3728 20 sign up for a maximum of ninety-six (96) hours before allowing the less senior members to sign up. 20.5 No more than two (2) 24-hour employee (A, B or C shift) in operations shall be off on any combination of vacation or Kelly Days unless authorized by the Fire Chief or designee. 20.6 After all personnel have signed up for their initial ninety-six (96) hours of vacation time in accordance with Section 20.4 above, the sign up process starts again for another ninety-six (96) hour block of eligible hours. This second block shall be on a seniority basis. Once the second sign-up round has been completed, the “Kelly” shift calendar will then be scheduled. Then any additional vacation signups will be on a first-come, first-serve basis. 20.7 Vacation schedules shall be authorized by the Fire Chief or designee as to not cause hardship on the Fire Department. After November 30th cancellation of days off or changes to prior requests shall be submitted to the Fire Chief or his/her designee not less than thirteen (13) calendar days in advance, unless approved by Employer. Employer will approve requests made less than thirteen (13) days in advance if the request does not involve overtime expense and the request is otherwise reasonable. 20.8 Employees may accumulate up to four hundred eighty (480) hours of vacation time in each year of this Agreement. The maximum allowable accumulation of unused vacation time to be carried over from the last day of the last Kelly cycle in any given year to the first Kelly cycle of the following year is three hundred (300) hours. Any vacation earned which exceeds the maximum accumulation allowable shall be scheduled by the Employer and the employee, subject to the operating efficiency of the Department as determined by the Fire Chief or designee. 20.9 The maximum amount of unused vacation time to be paid to the employee upon separation from the City will be two hundred forty (240) hours. Article 21 SICK LEAVE 21.1 All employees covered by this Agreement shall accrue sick leave at a rate of eight (8) hours per month for all eight (8) and ten (10) hour shift personnel. All twelve (12) and twenty-four (24) hour shift personnel shall accrue sick leave at the rate of twelve (12) hours per month. Effective at the time of their hiring date, each new employee hired by the Department shall receive an initial sick leave bank equal to Seventy-Two (72) hours of accrued time (“New Employee Sick Leave”). Any New Employee Sick Leave used by a new employee during that employee’s first (1st) six (6) calendar months of employment will be drawn against that employee’s regular sick leave accrual under the terms of this Section 21.1 such that if a new employee does not take any New Employee Sick Leave during that new employee’s first (1st) six (6) months, at the end of that six (6) month period, the new employee will have Seventy-Two (72) hours of accrued sick leave. Ratified Collective Bargaining Agreement 2011 – 2013 IAFF Local No. 3728 21 21.2 When an employee switches shifts (i.e. eight (8) hours to twenty-four (24) hours), his/her sick leave accrual shall be adjusted to meet the new schedule, either increased or decreased. 21.3 Employees may accumulate up to one thousand four hundred forty (1440) hours of sick leave. 21.4 The maximum amount of unused sick leave to be paid to the employee upon separation from the City will be three hundred thirty (330) hours. Employees that are terminated for cause shall not be entitled to the above outlined sick leave cash out. 21.5 Definition of coverage, eligibility, reporting and use, and termination/ retirement, shall be in accordance with the most current adopted city policies and procedures 21.6 LEOFF Buyback – LEOFF employees will be allowed to buy back sick leave with their Industrial Insurance check and their Salary Protection Insurance check. Article 22 SHARED LEAVE Shared leave shall be in accordance with the most current adopted city policies and procedures. Article 23 MILITARY LEAVE Military leave shall be in accordance with the most current adopted city policies and procedures. Article 24 FAMILY & MEDICAL LEAVE Family and Medical leaves shall be in accordance with the most current adopted city policies and procedures. Article 25 JURY DUTY The City of Arlington encourages employees who are selected for jury duty to attend. Paid time off for jury duty is in accordance with the most current adopted city policies and procedures. Article 26 BEREAVEMENT LEAVE 26.1 Full-time employees assigned to a twenty-four (24) hour work schedule shall be eligible to initially receive up to twenty-four (24) scheduled work hours as bereavement leave due to a death in the immediate family. Consideration shall be given to granting up to an additional twenty-four (24) scheduled work hours depending on the location, date and time of the funeral, internment or memorial service. Actual time approved by the Fire Chief or designee shall be consistent with the intent of the most current adopted city policies and procedures.. Ratified Collective Bargaining Agreement 2011 – 2013 IAFF Local No. 3728 22 26.2 In the event of extenuating circumstances and at the discretion of the Fire Chief or designee, approved time in addition to that provided by Section 26.1 above may be used as accrued vacation, leave without pay, or sick leave if warranted. 26.3 Bereavement Leave for full-time employees assigned to other than twenty-four (24) hour work shifts shall be in accordance with the most current adopted city policies and procedures. Ratified Collective Bargaining Agreement 2011 – 2013 IAFF Local No. 3728 23 Article 27 PERSONAL LEAVES OF ABSENCE 27.1 Authorized personal leaves of absence shall be in accordance with the most current adopted city policies and procedures. 27.2 During the period that any employee is on an authorized leave of absence with or without pay, seniority shall accrue. Article 28 PROBATION & EVALUATION PERIODS 28.1 Probation Period – New employees shall be subject to a twelve (12) month probation period following successful completion of recruit training as determined by the Fire Chief or designee. During this period, such employee shall be evaluated by the Employer and may be terminated at the sole discretion of the Employer. 28.2 Promoted employees shall be subject to a twelve (12) month evaluation period. In the event a promoted employee does not successfully complete said evaluation period, the employee shall be returned to his/her former rank and appropriate rate of pay. 28.3 Employees serving an initial evaluation period shall receive written performance appraisals on or about every ninety (90) days during said period(s) by the Fire Chief or designee. 28.4 Employees with the same date of hire shall be assigned a seniority order, based on the individual’s total score from the entire testing process of the employer (i.e.: Civil Service and the Department). The higher the total score, the higher the seniority ranking. Article 29 SENIORITY 29.1 A seniority list shall be maintained by the Employer and shall be brought up to date prior to January 31st of each year. This list shall be forwarded to the Secretary of the Union. The list shall show date of hire and date promoted, if any. 29.2 An employee’s seniority shall be defined as that period from the employee’s most recent first day of uniformed full-time compensated work with the Arlington Fire Department. Article 30 LEGAL PROTECTION The City shall hold personally harmless any employee from any action, claim or proceeding arising out of the performance, purported performance, or failure of performance, in good faith of duties for, or employment with the City and hold these employees harmless from any expenses connected with the defense, settlement, or monetary judgments from such actions, claims or proceedings. Ratified Collective Bargaining Agreement 2011 – 2013 IAFF Local No. 3728 24 Article 31 PREVAILING RIGHTS 31.1 The Employer and the Union recognize the City maintains a City Policy and Procedure Manual. In the event this Agreement does not address particular issues and topics that are addressed in the Manual, the most current edition of the City Policy and Procedure Manual shall apply. 31.2 New policies and procedures developed during the term of this Agreement shall be reviewed with the Union prior to implementation. Article 32 LIGHT DUTY 32.1 An employee who is injured and is subsequently unable to perform his/her normal duties may be assigned to light duty upon examination of the employee’s own physician. The City reserves the right, at its own expense, to have the employee examined by a City-appointed physician. An employee’s salary while on light duty shall be at the employee’s straight-time rate of pay. 32.2 Light duty may be considered if there is work suitable for such position. Assigned light duty positions shall not affect the minimum staffing requirements of the Department, as determined by the Fire Chief or designee. The employee shall be assigned non-combat duty in such areas as Fire Prevention, Training, or as determined by the Chief or designee. Light duty work shall be performed on a five (5) day, eight (8) hours per day schedule, during normal administrative hours. Other work schedules may be arranged by mutual agreement between the employee and the Fire Chief or designee. 32.3 The position of light duty shall not exceed a period of four (4) weeks and may be extended by an additional four (4) weeks at the discretion of the Fire Chief or designee. If the illness or injury requires additional time off, the Fire Chief or designee may extend the light duty period, if there are sufficient and compatible non-combat duties to be performed. Additional light duty will be assigned in thirty (30) day increments with evaluation at the end of each thirty (30) day period by the Fire Chief or designee. A light duty assignment may last, but may not exceed six (6) months total. If the employee cannot return to their normal duties after this six (6) month period, the employee must use accumulated sick leave, unpaid leave or disability. Article 33 SHIFT BIDS 33.1 The shift selection process shall be administered by the Fire Chief or designee and be completed on or before November 1. The shift selection shall be effective on the first Kelly cycle after January 2nd of each year. 33.2 Individual shift selection shall be for a minimum of three (3) years and a maximum of five (5) years. The Employer retains the right to move employees for operational or justified reasons. The employee retains the right to request a transfer from a shift for justified reasons. If a change is requested by either party, Ratified Collective Bargaining Agreement 2011 – 2013 IAFF Local No. 3728 25 the Employer and the Union shall bargain the effects and legitimacy of the request prior to a change occurring unless it is deemed an emergency situation by the Employer. The final decision shall be rendered by the Employer. 33.3 Probationary positions may be assigned by the Employer prior to shift selections. Duration for probationary assigned periods shall be for the length of the current shift selection cycle. 33.4 The Employer and the Local shall agree prior to the end of the three (3) year cycle whether to extend the shift selection cycle to a maximum of five (5) years. 33.5 The Union will provide shift selection forms upon an employee’s request. Upon completion of all the forms, the Union shall fill all positions on a seniority based process and return a copy of all forms to the Fire Chief or designee within thirty (30) calendar days. 33.6 The Fire Chief or designee shall have the authority to implement minimum standards for positions within the department. Article 34 PERSONNEL REDUCTION 34.1 The Employer shall notify the Union of the need to reduce the number of employees who are on the payroll within the bargaining unit at least sixty (60) calendar days before the effective date of layoff. Such notice shall be given in writing, addressed to the Union and hand delivered to a Union officer or by registered U.S. mail. The notice shall disclose the number of positions affected and the rank of each person affected. Immediately after issuing the notice, the Employer shall give the Union a reasonable period of time, of no less than ten (10) calendar days within which it will meet and confer with the Union to discuss such action. The Employer shall respond to any proposals which the Union may make in response to the subject of notice. 34.2 Each employee who is to be reduced in rank or laid off as a consequence of a reduction in force shall be given written notice, at least thirty (30) calendar days before such action is to occur, of the date, purpose and nature of the action that is to be taken with regard to him. The notice shall also state the reason for the action and any rights the employee may have under the City Policy and Procedures Manual, Civil Service rules, or this Agreement with regard to his/her employment. A copy of the notice shall be timely delivered to the Union within the thirty (30) calendar day notification period. 34.3 All reductions in force shall be established by seniority in the Department within the thirty (30) calendar day notification period. Seniority in rank shall be established from the date that the employee was promoted into the rank which he or she currently occupies. 34.4 In the event of a tie in seniority, the tie shall be broken by the final score on the employment or promotional examination. Ratified Collective Bargaining Agreement 2011 – 2013 IAFF Local No. 3728 26 34.5 In the event a reduction in force is necessary, the reduction shall proceed in the following order: a. Employees shall be laid off in reverse order of the Departmental seniority list; the least senior employee in the Department shall be laid off first without regard to rank or classification. b. In the event a reduction in force results in the need for a redistribution of employees to a lesser rank, such reduction in rank shall be accomplished by reducing in rank those employees with the least tenure in the affected rank counting from the employee’s date of promotion. c. An employee who is laid off shall be paid for all accrued leave time, including vacation and holiday pay, based on the employee’s straight-time rate of pay as of the date of separation. All employees who are reduced in rank or laid off shall not suffer any loss in benefits or entitlement accrued prior to the date of the action, e.g. holiday, vacation, personal leave, pension, and overtime, earned, accumulated, and unused at the time of reduction in rank or layoff. 34.6 If an employee is reduced in rank due to redistribution in force, that employee shall receive the maximum salary for the lower grade. 34.7 The Civil Service Commission and City Human Resource Department shall maintain a list, known as a “rehire list,” of all persons who are reduced in rank or laid off. In the event that vacancies occur within the Department while persons remain on the rehire list, the order of the recall shall be determined by reference to the rehire list. The rehire list(s) shall remain in effect for thirty-six (36) calendar months after the date of a layoff, unless extended by the Civil Service Commission and shall be used to offer employment that may become available by seniority to all persons who have been reduced or laid off, before any employees are promoted from one rank to another or any persons hired or transferred (from another City department) to become new employees of the Fire Department. No person may be hired, nor may any person be transferred from another City department, while any person in that rank remains in a reduced rank or on the rehire list. Any persons who are returned to their former positions shall be placed in the pay grade of their former rank, restored to the straight-time rate of pay that they would have received had they not been reduced in rank or placed on a rehire list. Employees shall receive no service credit for any period of time while on layoff status. 34.8 Notice of recall to the employee’s former position shall be given to the employee in writing at his/her last known mailing address, it being the employee’s obligation to notify the City Human Resource Department of any change in address while on layoff status. The notice shall be by certified mail, return receipt requested. The employee shall be given thirty (30) calendar days to accept an Ratified Collective Bargaining Agreement 2011 – 2013 IAFF Local No. 3728 27 offer of the reinstatement, in which case written acceptance shall be sufficient if filed in any form with the Human Resource Department. 34.9 Any employee who fails to return to work upon official notice of rehire or recall by the City shall be terminated. 34.10 If an employee is on layoff status, seniority shall not accrue. Upon returning to work after such leave or layoff, the employee shall be granted the level of seniority previously accrued. Article 35 PHYSICAL FITNESS 35.1 The City and the Union recognize the physical and mental health of bargaining unit employees is of vital importance in fulfilling the responsibilities of the job of Firefighter. The City and the Fire Department consider physical fitness as a high priority and as such workout periods shall be accommodated in the daily activity schedule. The physical fitness program is a mandatory, non-punitive program. All employees are expected to utilize the workout time allotted to them daily. 35.2 Physical fitness activities may be scheduled at any time during a shift provided said physical fitness periods shall not interfere with scheduled shift work such as drills, training, inspections, or emergency responses. Scheduled time for physical fitness shall normally be between the hours of 0800 and 1700. All shift employees shall be allowed ninety (90) minutes per shift for physical fitness activities. Article 36 SHIFT EXCHANGES 36.1 Employees shall have the right to exchange shifts when the exchange does not interfere with the operation of the Fire Department. Shift exchanges shall result in no additional cost to the City nor interfere with the operation of the Department as determined by the Fire Chief or designee. 36.2 All shift exchanges shall be submitted in writing and approved forty-eight (48) hours in advance by the affected supervisor (including paybacks) unless deemed an emergency nature by the Department. Supervisors shall have the right to approve/disapprove all shift trades. 36.3 It is understood by both parties that “no additional cost” means that the City will not cover any cost to maintain minimum staffing. 36.4 It is further understood that a shift exchange is a private contract entered into between two independent parties and that the individual requesting the shift exchange is responsible to make certain that his/her shift will be covered. It is the responsibility of the original person scheduled to work and who is requesting the shift exchange is obligated to find a third party to work the shift if the party agreeing to the shift exchange is not able to report for duty. Ratified Collective Bargaining Agreement 2011 – 2013 IAFF Local No. 3728 28 36.5 If a third party cannot be found, then the person originating the request for the shift exchange must report for their scheduled shift, or agree to being docked the full cost of any overtime needed to fill the vacancy. 36.6 In the event that the originator of the shift exchange request is “out-of-town” or otherwise cannot be reached, the shift will be filled using overtime. Under this scenario, the originator of the shift exchange will have two opportunities to “pay back” the cost of overtime to the City as follows: 36.6.1 Be “docked” the full overtime cost; or, 36.6.2 Agree to work a shift equal to the time lost as scheduled by the Department. The scheduled overtime will not, unless there is no other alternative, be a “mandatory” overtime situation. Article 37 PROMOTIONS 37.1 Promotional testing shall be in accordance with the City’s Civil Service guidelines and procedures as set forth in this Agreement. 37.2 The City and Union agree that the specific qualifications for all promotional positions, such as education, experience and time-in-grade shall be discussed and agreed upon by the Department and Union through the regular Labor- Management meeting process. 37.3 The City and the Union agree that announcements of promotional exams shall be posted at all City Fire Stations in accordance with the timeframes discussed and agreed upon by the Department and Union through the regular Labor- Management meeting process. 37.4 Relevant study materials shall be made available to interested employees at the time of posting. 37.5 In the event that no promotional candidate passes the promotional examination, the City and Union agree to meet and confer about an alternative process. Article 38 PARAMEDIC VESTING 38.1 The City recognizes that from time to time employees serving as Firefighter / Paramedic may request to be reassigned permanently to the position of Firefighter / EMT. The employee must have served in the position of Firefighter/Paramedic with the City for a minimum of five (5) years. This request for permanent reassignment is differentiated from periodic requests for temporary assignments to an engine company as a relief from Paramedic duties. 38.2 The request will be handled on a first-come, first-serve basis in conjunction with the needs of the City. The request shall be provided to the Fire Chief or designee a minimum of six (6) months prior to the requested date of reassignment. The City Ratified Collective Bargaining Agreement 2011 – 2013 IAFF Local No. 3728 29 will notify the employee requesting transfer within twenty (20) calendar days whether the request has been approved, and of an anticipated date for the return to Firefighter / EMT. 38.3 Assignment to engine company duties is dependent on the existence of an open position in the Firefighter / EMT ranks. An open position shall be defined as a vacant authorized Firefighter / EMT position which may occur as a result of routine turnover, addition of positions, or promotions. 38.4 Employees serving as Firefighter / Paramedic that are reassigned as a Firefighter/ EMT following the process detailed in Sections 38.1 through 38.3 will be entitled to a portion of their Paramedic incentive pay in the following manner: 5 years as Paramedic 50% of ALS premium 6 years as Paramedic 60% of ALS premium 7 years as Paramedic 70% of ALS premium 8 years as Paramedic 80% of ALS premium 9 years as Paramedic 90% of ALS premium 10 years + as Paramedic 100% of ALS premium 38.5 The newly assigned Firefighter/EMT shall have his/her pay, including COLAs and step increases, frozen until the Firefighter First Class pay meets the pay received by the newly assigned Firefighter/EMT. Article 39 MEDICAL CERTIFICATION AND TRAINING 39.1 This Article refers to all initial certification and continuing education, required by the Employer, Snohomish County, and the State of Washington to maintain all levels of Emergency Medical Technician (“EMT”) and Paramedic certification. 39.2 All books, tuition, instructor fees, and material required for certification shall be provided by the Employer. Reimbursement for all related expenses will be according to the most current edition of the City Policy and Procedure manual. 39.3 The Employer shall provide all initial EMT training on-duty or on an overtime basis. Any employee allowed to advance their skills to the next level shall receive their training on-duty or an overtime basis. 39.4 The Employer shall make available to all employees either on-duty or on an overtime basis all training required to maintain their certification. 39.5 Employees having difficulty with the EMT or Paramedic certification shall be given counseling, additional on-duty study time, and any reasonable support needed by the employee to certify or maintain certification. Ratified Collective Bargaining Agreement 2011 – 2013 IAFF Local No. 3728 30 39.6 Employees who fail to certify or re-certify twice (2 times) consecutively shall retake the course and examination on their own time and expense 39.7 Any employee failing to certify after a third (3rd) failure to certify or re-certify completing the above procedure may be demoted or terminated by the Fire Chief or designee. Article 40 UNIFORMS AND CLOTHING 40.1 The Employer shall provide each new regular full-time employee covered by this Agreement with the following list of uniform / clothing items, including appropriate insignias (i.e. patches, badge, silk-screening, etc.):  3 work pants  6 tee shirts  4 work shirts  2 sweatshirts  1 belt  1 pair work boots  1 winter weight jacket  1 baseball style cap  1 Class A Dress Uniform.  Helmet with eye protection  Bunker jacket  Bunker pants  Protective hood  Suspenders  Gloves  Boots  Flashlight 40.2 The Department shall utilize a uniform quartermaster system administered by the Fire Chief or designee that allows for the approval and distribution of initial and replacement uniforms. A chain of command order system shall be established and replacement gear issued when worn out gear has been turned in. 40.3 All initial issue and replacement uniform items and vendor(s) shall be approved in advance by the Fire Chief or designee. 40.4 All uniforms and equipment issued by the Employer to each employee shall remain the property of the Employer. 40.5 The Fire Chief or designee shall determine the appropriate uniform for each work shift. Ratified Collective Bargaining Agreement 2011 – 2013 IAFF Local No. 3728 31 Article 41 TRAINING CAPTAIN 41.1 The Training Captain position shall report directly to the Fire Chief or designee. His/her primary responsibility shall be coordinating department training and serving as the Department’s Health & Safety Officer. He/she shall have other training and safety responsibilities as directed by the Chief. 41.2 If during the term of this agreement the City establishes a training captain position (other than the current arrangement) the Union agrees to negotiate the impacts of the position with the City. 41.3 The position of Training Captain shall be assigned by seniority except as set forth below. On each occasion when the Training Captain position becomes available, the highest senior current Captain who has not yet held the position of Training Captain shall be given the first opportunity to fill the position. On the first occasion when a Captain is provided with the opportunity to fill the Training Captain position, the Captain may, on that occasion only, defer that opportunity. If unfilled because of deferral, then the position shall be filled by the next highest senior current Captain. If a Captain has previously exercised his or her right of deferral as provided for herein, then that Captain must fill the Training Captain position on the next occasion when the position becomes available. Notwithstanding the above language, a qualified Captain may serve as Training Captain if that employee volunteers for that duty. If volunteering, the Captain must serve in the position for two years. If, after that voluntary two year cycle, no other Captain volunteers to fill the position, the seniority selection process shall apply. 41.4 The duration of the position shall be for a minimum of two (2) years and may be extended for an additional one (1) year if mutually agreed upon by the Chief and Training Captain. Once a person has finished the allotted time he/she shall not be eligible again until all remaining Captains have rotated through. Article 42 EMS LEAD 42.1 The Medical Services Officer (MSO) designation shall be replaced with one (1) EMS Lead per shift. EMS Leads shall be non-probationary full-time Firefighters. The position of EMS Lead is a special assignment position receiving incentive pay as outlined in Article 15 of this agreement. 42.2 The specific duties, roles, and responsibilities for the EMS Lead position shall be determined through the regular Labor-Management meeting process. These duties shall may be reviewed during the course of the first year of this agreement as needed to ensure the position is meeting the needs of the department. 42.3 The selection process for the EMS Lead position shall be determined through the regular Labor-Management meeting process. Ratified Collective Bargaining Agreement 2011 – 2013 IAFF Local No. 3728 32 42.4 The EMS Lead position shall report to the Shift Officer for regular shift duties and assignments, but shall report to the Medical Services Administrator for EMS duties and responsibilities as determined through the regular Labor-Management meeting process. 42.5 Effective May 1, 2011, the EMS Lead position shall be eliminated. Article 43 DEFERRED COMPENSATION PROGRAM 43.1 Regular full-time employees shall be eligible to participate in a matching program known as the state of Washington Deferred Compensation Program, herein after known as the “Program”, as an alternative to participating in Social Security. Enrollment and continued participation shall be in accordance with the rules and regulations of the Program and the City-wide administrative requirements of the Employer. Conditions for participation in the Program shall include, but not be limited to the following: 43.2 The Program shall be a dollar for dollar match between employee and Employer, with the Employer share not to exceed the amount that it would ordinarily contribute to the Social Security program. 43.3 Contribution amounts shall be adjusted as changes in the Social Security rate occur. 43.4 The amount of the Employer’s contribution shall be based on the employee’s gross base wage. The gross base wage includes base salary and educational incentives. 43.5 Employees may choose to increase their portion of the contribution should they choose to defer the maximum allowable. However, the total amount deferred monthly may not exceed the maximum allowable per the Program regulations. 43.6 It is the responsibility of the employee to contact the State of Washington Deferred Compensation Program in order to initiate changes to their monthly-deferred amounts. Sufficient time must also be given to the City’s Finance Department for processing. Article 44 LATERAL TRANSFER EMPLOYEES44.1 Lateral transfer employees must meet the minimum medical and health requirements of LEOFF Retirement System as administered by the State of Washington Department of Retirement Systems. 44.2 At the time of application, the lateral transfer will be a full-time paid member of a Fire Department with at least three (3) years of continuous employment. The transfer applicant will possess all certifications, training, and license(s) as required by Washington State and the City of Arlington, as outlined by the Civil Service Commission. Ratified Collective Bargaining Agreement 2011 – 2013 IAFF Local No. 3728 33 44.3 The lateral transfer applicant must be a member of good standing with the International Association of Fire Fighters. The applicant shall have no disciplinary action pending or in place with his/her current employer. 44.4 The lateral transfer applicant shall enter the payscale at the level of a Firefighter Second Class. Longevity pay will apply to the time served with the City of Arlington Fire Department. 44.5 Every three (3) years of service the applicant has served with their current employer will count as one (1) year of service with the City for the purpose of determining vacation and sick leave accrual. A sick leave bank of seventy-two (72) hours will be established at the time of hire. 44.6 Any other concerns shall be discussed and agreed upon through the regular Labor-Management process. Executed this __________ day of ___________________, 2011. Arlington Firefighters Organization City of Arlington Local #3728, IAFF By:_________________________ By:___________________________ President Mayor Date:________________________ Date:_________________________ Ratified Collective Bargaining Agreement 2011 – 2013 IAFF Local No. 3728 34 APPENDIX “A” to the AGREEMENT By and between The City of Arlington and Arlington Firefighters Organization, Local #3728, IAFF January 1, 2011 through December 31, 2013 This Appendix “A” is supplemental to the Agreement by and between the City of Arlington, Washington, hereinafter referred to as the Employer, and the Arlington Firefighters Organization, Local #3728, IAFF, hereinafter referred to as the Union. A.1 Effective January 1, 2011, the following rates of pay for employees covered by the Agreement shall be as follows: Classification Completed month of Continuous Employment Salary per Month Probationary Firefighter (75%) 0-6 months $ 4548 Firefighter Fifth Class (80%) 7-12 months $ 4851 Firefighter Fourth Class (85%) 13-24 months $ 5156 Firefighter Third Class (90%) 25-36 months $ 5458 Firefighter Second Class (95%) 37-48 months $ 5762 Firefighter First Class (100%) 49+ months $ 6065 Lieutenant (110%) ------------------------------- $ 6671 Captain (120%) ------------------------------- $ 7278 A.2 Wage Increases – Any wage increase shall become effective the first of the month, coincident with or next following the employee’s anniversary date of employment. A.3 Effective May 1, 2011, the wage rates contained in Section A.1 shall be increased as follows: Classification Completed month of Continuous Employment Salary per Month Probationary Firefighter (75%) 0-6 months $ 4564 Firefighter Fifth Class (80%) 7-12 months $ 4868 Firefighter Fourth Class (85%) 13-24 months $ 5172 Firefighter Third Class (90%) 25-36 months $ 5477 Ratified Collective Bargaining Agreement 2011 – 2013 IAFF Local No. 3728 35 Firefighter Second Class (95%) 37-48 months $ 5781 Firefighter First Class (100%) 49+ months $ 6085 Lieutenant (110%) ------------------------------- $ 6694 Captain (120%) ------------------------------- $ 7302 A.3 Effective January 1, 2012, the wage rates contained in Section A.1 shall be increased by 100% CPI-U (Seattle-Tacoma-Bremerton) July 2010 – June 2011, with a minimum of 0% and a maximum of 1.5%. A.4 Effective January 1, 2013, the wage rates described in Section A.3 shall be increased by 100% CPI-U (Seattle-Tacoma-Bremerton) July 2011 – June 2012, with a minimum of 0% and a maximum of 1.5%. A.5 In the event an employee is on disciplinary status becomes otherwise eligible for a wage increase in accordance with Sections A.2 ,A.3 or A.4, such increases shall not be granted until the employee has been removed from such status by the Fire Chief or designee. There shall be no retroactive pay adjustment under such circumstances.A.6 Nothing herein shall prohibit the Employer from paying wage rates above those contained in this Appendix A. Executed this __________ day of ___________________, 2011. Arlington Firefighters Organization City of Arlington Local No.3728, IAFF By:_________________________ By:___________________________ President Mayor Date:________________________ Date:_________________________ Ratified Collective Bargaining Agreement 2011 – 2013 IAFF Local No. 3728 36 APPENDIX “B” to the AGREEMENT By and between The City of Arlington And Arlington Firefighters Organization, Local #3728, IAFF January 1, 2011 through December 31, 2013 This Appendix “B” is supplemental to the Agreement by and between the City of Arlington, Washington, hereinafter referred to as the Employer, and the Arlington Firefighters Organization, Local #3728, IAFF, hereinafter referred to as the Union. B.1 Effective January 1, 2011, the following comparables shall be used: Snohomish County Fire District No. 3, Monroe City of Mukilteo Fire Department Snohomish County Fire District No. 4, Snohomish Snohomish County Fire District No 8, Lake Stevens City of Tumwater Fire Department Executed this __________ day of ___________________, 2011. Arlington Firefighters Organization City of Arlington Local No.3728, IAFF By:_________________________ By:___________________________ President Mayor Date:________________________ Date:_________________________