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HomeMy WebLinkAbout090418_ca04 Consent Agenda Commissioners Office JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners FROM: Philip Morley, County Administrator Erin Lundgren, Clerk of the Board DATE: September 4, 2018 SUBJECT: AGREEMENT re: Collective Bargaining Agreement for the Jefferson County Sheriff s Office Uniformed Support Services Employees; Term from Date of Adoption through December 31, 2021; Fraternal Order of Police (FOP) STATEMENT OF ISSUE: The FOP Collective Bargaining Agreement covering the Jefferson County Sheriffs Office Uniformed Support Services employees expired December 31, 2017. ANALYSIS: As a result of negotiations, and ultimately mediation, between Jefferson County and the FOP and Uniformed Support Services Employee Association, a mediator from the Public Employment Relations Commission (PERC)recommended a proposal outlining the mediator's suggested terms and conditions to be included in a successor Collective Bargaining Agreement. The mediator's proposed recommendations were included in the attached agreement that was ratified by the Uniformed Support Services Employees represented by the FOP. FISCAL IMPACT: 5% general wage adjustment retroactive to January 1, 2018. 2.5% general wage adjustment for 2019. 2.5% general wage adjustment for 2020. 2% general wage adjustment for 2021. Duration between step E to step F changes from 2 years to 1 year. - Longevity pay: Employees who have been in the top step for at least 12 months shall receive the following annual longevity pay for completing the following years of service: • 5 years of employment shall receive $600 • 10 years of employment shall receive $1,000 • 15 years of employment shall receive $1,400 • 20 years of employment shall receive $1,800 • 25 years of employment shall receive $2,200 RECOMMENDATION: Approve and sign the agreement. REVI_ ED BY: °If/ - 401, /37ACv - 1 ip Morley, C.rPAdministrato Date AGREEMENT by and between JEFFERSON COUNTY and JCSOUSS Employee Association Covering JEFFERSON COUNTY SHERIFF'S OFFICE UNIFORMED SUPPORT SERVICES For the period from Date of Adoption through December 2021 � ,... LL, ..., ,<, �- _,�pwuy_ i ,iirt, v v - ..„.• . ._ .,t --1--; S __. ,0 \\\\N,,__ 1N • _____//1 eta. -..,„ August 16,2018 TABLE OF CONTENTS ARTICLE 1-RECOGNITION 1 ARTICLE 2-ASSOCIATION SECURITY 1 ARTICLE 3-ASSOCIATION MANAGEMENT RELATIONS 2 ARTICLE 4-NON-DISCRIMINATION 2 ARTICLE 5-ASSOCIATION AND EMPLOYEE'S RIGHTS 3 ARTICLE 6-PERSONNEL RECORDS 4 ARTICLE 7-SENIORITY AND ABILITY 5 ARTICLE 8-HOURS OF WORK 6 ARTICLE 9- OVERTIME COMPENSATION 8 ARTICLE 11 -JURY DUTY 12 ARTICLE 12- GRIEVANCE PROCEDURE 12 ARTICLE 13- WAGES 16 ARTICLE 14-LONGEVITY 16 ARTICLE 15-HOLIDAYS 17 ARTICLE 16- VACATIONS 18 ARTICLE 17-SICK LEAVE 20 ARTICLE 18-BEREAVEMENT LEAVE 21 ARTICLE 19-MILITARY LEAVE 21 ARTICLE 20- UNIFORMS 21 ARTICLE 21 -JOB INFORMATION 22 ARTICLE 22-HEALTH AND WELFARE 23 ARTICLE 23-MAINTENANCE OF BENEFITS 23 ARTICLE 24-ADDITIONAL UNDERSTANDINGS 24 ARTICLE 25-SAVINGS CLAUSE 24 ARTICLE 26- TERMINATION 25 APPENDIX"A" WAGES 26 A.4 ADDITIONAL COMPENSATION: 27 APPENDIX C EMPLOYEE BILL OF RIGHTS 29 APPENDIX D ASSOCIATION AUTHORIZATION 31 AGREEMENT by and between JEFFERSON COUNTY SHERIFF'S OFFICE UNIFORMED SUPPORT SERVICES and JCSOUSS ASSOCIATION Date of Adoption 2016 through December 31,2017 This document constitutes an agreement between the Sheriffs Office of JEFFERSON COUNTY, a political subdivision of the State of Washington(Employer or County) and Jefferson County Sheriffs Office Uniformed Support Services, Port Townsend, Washington(JCSOUSS or Association) as represented by the Fraternal Order of Police (FOP). ARTICLE 1 —RECOGNITION 1.1. The Employer recognizes the Association as represented by the Fraternal Order of Police (FOP), the exclusive designated representative for all bargaining unit Employees that are regular, full time Uniformed Support Service employees in the Sheriffs Office for the purpose of collective bargaining with respect to wages, hours and other conditions of employment. Part time and Provisional employees and Clerk Hire in Animal Services shall not be Bargaining Unit members and shall not be covered by this Agreement for any purpose. ARTICLE 2-ASSOCIATION SECURITY 2.1. It shall be a condition of employment that all Employees of the Employer covered by this agreement who are members in good standing of the Association on the effective date of this agreement shall remain members in good standing and those who are not members on the effective date of this agreement shall on the 31st day following the effective date of this agreement become and remain members in good standing in the Union. It shall also be a condition of employment that all Employees covered by this agreement hired on or after its effective date shall on the 31st day following the beginning of such employment become and remain members in good standing in the Association. PROVIDED THAT, if a public Employee is a member of a church or religious body whose bona fide religious tenets or teachings forbid said public Employee to be a member of a labor Association such public Employee shall pay an amount of money equivalent to the regular Association dues and initiation fee of the Association to a non- religious charity or to another charitable organization mutually agreed upon by the Employer and the Association. The Employer shall furnish written proof to the Association that such payment has been made. If the Employer and the Association do not reach an agreement on the choice of the non-religious charity to which the Association dues and initiation fee are to be paid, the Washington State Department of Labor and Industries shall designate the charitable organization. 2.2. For the purposes of this Agreement, to be considered a member in good standing, the following conditions must be met: 2.2.1. The Employee must be a member in good standing of Washington State FOP Lodge#31, as defined by the Constitution and By-Laws of Lodge #31. Uniform Support Services Jefferson County Sheriff's Office Ratified:8/15/2018 Union Date of Adoption Through December 31,2021 Membership with Lodge#31 confers membership in the National Fraternal Order of Police. Enrollment and payment of all dues will be the sole responsibility of the employee, but the employee may be assisted by the Committee Chair. 2.2.2. The employee must authorize, and the county honor, written assignment of wages to the National Fraternal Order of Police for Labor Services. See Appendix D. 2.2.3. The employee must authorize, and the county shall honor, written assignment of wages to the JCSOUSS Employee Association. See Appendix D. 2.3. The Parties agree that in the administration of this Article 2 no payroll deduction will be made unless permitted by law and is affirmatively authorized by the employee. See Appendix D. ARTICLE 3 -ASSOCIATION MANAGEMENT RELATIONS 3.1. All collective bargaining with respect to wages, hours, and working conditions of employment, shall be conducted by authorized representatives of the Association and authorized representatives of the Employer. 3.2. Agreements reached between the parties of this agreement shall become effective only when signed by designated representatives of the Association and the Employer. It is understood and agreed that the County possesses the sole right to operate the Sheriffs Office in order to properly carry out the functions of county government and that all management rights rest with the County except as may be specifically restricted by this document. 3.3. All conditions of employment provided by County Policy not superseded by this Agreement with its past practices shall apply to unit employees. 3.4. The Parties recognize the inherent Rights of Management to manage the affairs of the Employer; however, in the exercise of such Management Rights, the administration of discipline after trial period is satisfactorily completed shall only be for just cause. 3.4.1. Nothing in this Agreement precludes non-unit Supervisors from performing Bargaining Unit work so long as Bargaining Unit members are not supplanted by the work of supervisors. 3.5. Wherever the term Sheriff shall appear in this document as the granting authority that term shall include the Sheriff's authorized designee as appropriate to the context of the provision of the Agreement requiring authorization. ARTICLE 4-NON-DISCRIMINATION 4.1. The parties agree that there will be no discrimination against any employee because of their race, sex, age, religion, color or ancestry, in the administration or application of the terms of this agreement. Claimed violations of this sub-Article 4.1 shall not be subject to Uniform Support Services Jefferson County Sheriff's Office Ratified:8/15/2018 Union Date of Adoption Through December 31,2021 Article 13, Grievance Procedure, but must be resolved/adjudicated in other appropriate forums. 4.2. No employee covered by this agreement shall be discriminated against because of membership in the Association or lack thereof, or activities on behalf of the Association; provided, however,that such activity shall not be conducted during working hours or be allowed in any way to interfere with the Employer's operations. ARTICLE 5 -ASSOCIATION AND EMPLOYEE'S RIGHTS 5.1. The Employer and employees mutually agree to treat each other with respect and in a professional manner complying with Jefferson County policies and procedures. 5.2. An Employee acting within the limits of the authority established by the Employer, who is injured during the performance of assigned duties, shall report all injuries within that shift to the appointing authority. 5.3. Duly authorized representatives of the Association shall be permitted access to the properties of the Employer at reasonable times for the purpose of observing working conditions and transacting Association business; provided, however, that the Association Representative first secures approval from a designated Employer Representative and that no interference with the work of Employees or the proper operation of the Employer shall result. 5.4. The Employer agrees to provide bulletin board space for posting of official Association notices which shall be signed by a responsible agent of the Association. 5.5. The Association shall be permitted to use Sheriff's Office facilities for regular and special meetings of the Association, provided that such use must be pre-authorized by the Sheriff, and provided that such meetings do not interfere with the business of the Sheriff's Office 5.6. ASSOCIATION CHAIR: For the purposes of this Agreement,the Chair of the JCSOUSS Labor Committee shall have responsibilities and privileges, in addition to those addressed in other Articles of this Agreement, as conferred by RCW 41.56 for union officials. 5.6.1. Association Business While On-Duty: 5.6.1.1. The Chair shall be permitted to conduct Association business while on- duty, provided that such business does not interfere with his or her duties or responsibilities as an employee generally, when not actively required to attend to Jail population/work responsibilities. 5.6.1.2. The Chair may, when necessary, use pre-approved on-duty time for the purpose of addressing complaints, aiding JCSOUSS employees who require representation during disciplinary or grievance proceedings, or ascertaining whether the conditions of this Agreement are being complied with by both parties. Such requests when made shall not unduly be denied. Uniform Support Services Jefferson County Sheriff's Office Ratified:8/15/2018 Union Date of Adoption Through December 31,2021 5.6.1.3. The Chair has a right to be present at any and all bargaining and negotiating meetings with the County's representatives. If such a meeting occurs during the Chair's regularly scheduled shift, the Employer will release the Chair to attend the meeting, without any loss of pay provided there are no coverage issues arising from the Chair's absence from duty. Such requests when made shall not unduly be denied. 5.7. Two (2) association representatives may be released from duty in the jail if normal coverage permits to participate in bargaining if such bargaining is scheduled during the representatives' regular working hours. If bargaining continues beyond the representatives' work hours compensation shall not be earned. 5.8. Employees have the right to seek the assistance of the FOP and Association according to RCW 41.56. Employer has the right to seek the assistance of its Labor Relations Representative according to RCW 41.56. ARTICLE 6-PERSONNEL RECORDS 6.1. All personnel records in the County's control are confidential to the extent provided by law. The parties hereto recognize that effective management requires the maintenance of records regarding an Employee's career development. These records may accompany an Employee through succeeding administrators. To ensure that the doctrine of fairness is applied with respect to these records, the following procedure will be adhered to: 6.1.1. Whenever any item is entered into or removed from an Employee's personnel file, a copy of same shall be provided to the Employee. Failure to provide a copy to the employee at the time the item becomes part of the employee's record renders such item VOID. 6.1.2. Any item that reflects unfavorably on the employee and will be retained in a personnel record, shall be initialed by the employee. The employee's initials are not an admission of guilt but verification that they have seen it and it is an item that was put in a record. If the employee refuses to initial the document, management shall note such and put the document in the personnel file. Failure to provide the item to the employee for signature renders the item VOID and it shall be removed from the employee's file and destroyed per employee election pursuant to Section 6.2.3. 6.1.3. In the case that an item reflects unfavorable upon an Employee, the Employee shall be allowed an opportunity to respond(up to ninety (90) calendar days)to the content of the item, in writing, and the Employee's response shall be included in the personnel file, and one copy shall be provided to the Local Association. Failure to permit an employee response or to staple the response to the unfavorable item renders the item VOID. 6.1.4. Each Employee shall be allowed access to his/her personnel records for review of its contents at reasonable times and upon reasonable notice. Employees shall be permitted to add explanations, exceptions or comments regarding any item in the record and may staple their insertion to the relevant document so long as no damage is done to the file content. Uniform Support Services Jefferson County Sheriff's Office Ratified:8/15/2018 Union Date of Adoption Through December 31,2021 6.1.5. The Employer through the supervisor, shall take measures to assure that, within the bargaining unit, only legitimate supervisory and administrative personnel and the Employee have access to the employee's personnel record, and that no information verbally or in writing be released from the employee's personnel records unless written permission by the employee has been given, by court order, or through Public Disclosure whereupon the employee shall be notified of the request and the requestor. 6.1.6. All discipline letters and complaints shall remain as part of the personnel file and expire after two (2) years from the date of the letter or action, unless they remain active due to an ongoing progressive disciplinary action. Expired records shall be so noted including the date of expiration. Expired records may not and shall not be used as a condition precedent to any future disciplinary action. 6.2. In administering this Article, it is agreed that: 6.2.1. Each employee file maintained by the Sheriff shall include a record of when the employees file was accessed and by whom in the manner established by the Sheriff. 6.2.2. Employees who access their file as provided herein and who identify documents in their file not conforming to this Article 6 shall request the Sheriff remove from their file such documents that are nonconforming. 6.2.3. Any document removed from an employee's personnel file shall be delivered in a sealed envelope to the employee who shall sign a receipt for same, if requested. ARTICLE 7-SENIORITY AND ABILITY 7.1. Seniority according to this agreement shall consist of the continuous service of the Employee with the Sheriff's Office within the Uniformed Support Services Bargaining Unit, regardless of work assignment. The employee's seniority shall not be lost except as provided in this agreement. The seniority list shall be brought up to date each year on January 1, and posted in a conspicuous place by the Association. 7.1.1. Except for bona fide business necessity, seniority shall be the deciding factor for layoffs, overtime requests, mandatory overtime assignments, and vacation bidding. 7.1.2. Seniority for purposes of promotions, which shall be according to Jefferson Civil Service Rules, shall be considered as that time spent in the classification. 7.2. Trial Period: All employment within a classification of the Sheriff's Office shall be on a trial basis for the first twelve(12) months of employment. If the employee's performance does not meet the standards established by the Sheriff during the trial period, or if it is otherwise deemed advisable to terminate the employment,the employee may be terminated without recourse to any provision, article or section of this Agreement. This trial period may be extended, one time, up to an additional twelve (12)months by Uniform Support Services Jefferson County Sheriff's Office Ratified:8/15/2018 Union Date of Adoption Through December 31,2021 agreement with the employee who shall be notified of the extension at least two (2) weeks before the end of the first 12-month period. 7.2.1. In the event an employee transfers from another classification within the Sheriff's Office and becomes subject to a Section 7.2 trial period, and further should such employee not complete such trial period, said employee may return to their prior position pursuant to Rule 8 and Rule 9 of the current Civil Service rules. 7.2.2. Employees completing their trial period shall be dove-tailed into the seniority list of the new classification. 7.2.3. Employees promoted to a higher classification shall be paid at the step nearest to their current wage rate that will result in an increase. Employees reduced to a lower classification shall be returned to the step they held before their reduction but at the pay grade for the new lower classification. 7.3. Seniority shall be lost after twelve (12)months in layoff status. 7.4. The Employer shall seek the most capable individuals to fill supervisory positions. Employees will be considered for supervisory positions in conjunction with other applicants in accordance with civil service rules and regulations. 7.5. Employees subject to a layoff within a classification who have completed a trial period in another classification, shall be eligible to exercise their seniority accumulated during the occupancy of the prior classification based upon their seniority at the time of transfer into the new classification. Such"right of return" is limited to a layoff that would affect the employee's employment and the"right of return" shall only be to the most recent prior classification. 7.6. Lateral Entry. The department head may, within budgetary constraints, waive up to twenty-four months on the wage table (Appendix A) for previously experienced, commissioned personnel. Such waiver shall not act as a reduction in the Trial Period as set out in §7.2 above. 7.7. The Sheriff shall at all times, retain sole discretion with respect to individual employee selection,work assignments,training requirements, required certifications, etc. provided however, employee assignments shall not be arbitrary or capricious. ARTICLE 8-HOURS OF WORK 8.1. Work Schedules: The following schedules may constitute a regular work-week schedule, at the discretion of the Employer: 8.1.1. "Five-Eights": Consists of five (5) consecutive work days of eight(8) consecutive hours, followed by two (2) consecutive days off. Employees work forty (40) hours during a work-week. 8.1.2. "Four-Tens": Consists of four(4) consecutive work days of ten(10) consecutive hours, followed by three (3) consecutive days off. Employees work forty (40) hours during a work-week. Uniform Support Services Jefferson County Sheriff's Office Ratified:8/15/2018 Union Date of Adoption Through December 31,2021 8.1.3. "Twelves": Consists of four(4) consecutive work days of twelve (12) consecutive hours, four(4) consecutive days off,three (3) consecutive work days of twelve (12) consecutive hours, and three(3) consecutive days off, in either of the following two rotations: (1) 4on, 4off, 3on, 3off (2) 4 on, 3 off, 3 on, 4 off 8.1.3.1.Employees on"Twelves"work eighty-four(84) hours during a two-week work period. 8.2. Corrections Shift Rotation: The Sheriff has adopted a system of shift rotation in the jail whereby Employees rotate progressively through the scheduled shifts. 8.2.1. Rotation occurs based on the specific work-schedule assigned to an employee: (1) On a schedule with three assigned shifts (days, swings, graveyards), employees will rotate progressively from days to swings to graveyards and back to days. Rotations occur every three (3) months, effective in January, April, July& October. (2) On a schedule with two assigned shifts (days and graveyards), employees will rotate progressively from days to graveyards and back to days. Rotations occur at least every three (3)months and not more than every (2) months, based on a rotation established by the Employer. (3) It is understood and agreed that there are different staffing requirements during different shifts. For this reason, it is understood and agreed that specific employees may not progress to the next shift at each scheduled rotation. Any employee who does not progress to the next shift during a scheduled rotation, will be given priority for progression to the next shift at the next scheduled rotation. 8.2.2. The Sheriff may, upon thirty days' notice, revise the rotation of any employee when such a change is necessitated, in the sole judgment of the Sheriff, to address proper staffing, training, or other bona fide business reasons. 8.2.3. The Sheriff may, upon sixty days' notice, revise the shift rotation system for all employees, when such changes are necessitated, in the sole judgment of the Sheriff,to address proper staffing, training, or other bona fide business reasons. 8.2.4. The Sheriff agrees to meet with the FOP's representative upon request regarding the impact of any announced change to the system of rotation. 8.2.5. Emergency changes to shift rotation shall be effective on the date announced by the Sheriff, giving as much advanced notice as practicable at the time. 8.3. When minimum staffing requires a level of staffing to meet peak activities that can only be reasonably achieved through nonconsecutive workdays the Sheriff may schedule the Uniform Support Services Jefferson County Sheriff's Office Ratified:8/15/2018 Union Date of Adoption Through December 31,2021 minimum number of nonconsecutive workday-workweeks necessary to achieve staffing levels. Nonconsecutive workdays shall only be permitted in circumstances where the Department is short of staff because of employee unscheduled absences, during a period of active recruitment, or periods of training where the employee is required to be away from the Department for an extended period of time (one week or more). 8.3.1. Nonconsecutive workday schedules shall be posted at least fourteen(14)days prior to the effective day of a schedule change. No individual employee shall be required to work more than three (3) weeks of nonconsecutive workdays per calendar quarter. 8.4. The employer may establish a 35 hour work week by mutual agreement of the Association. 8.5. Work Breaks. Employees are employed in activities that may preclude the observance of set lunch and/or break periods. It is agreed that statutory lunch and break requirements shall be satisfied by employee observance of lunch and breaks on an intermittent basis or pursuant to the County Personnel Policy or as assigned during any work period and no employee shall be deemed to have been required to forgo a work break unless that employee made a request of their supervisor and was denied an opportunity to take the requested break. Observance of intermittent breaks shall comply with work break requirements of law. As provided in RCW 49.12.187 this section shall constitute "agreement." ARTICLE 9-OVERTIME COMPENSATION 9.1 "Overtime Hours" include those compensable hours (hours actually worked) which exceed the statutory limit for straight-time pay or are payable as "Premium"paid hours as required by this agreement. "Overtime Hours"are payable when the employee is assigned to work in excess of their regular schedule, as set out below: 9.1.1 On a"Five Eights"or"Four Tens" Schedule, overtime hours are those compensable hours which the employee is assigned to work in excess of forty (40)hours per week 9.1.2 On a"Twelves" Schedule, overtime hours are those compensable hours which the employee is assigned to work in excess of a statutory FLSA straight time work week, as set out in Section 7(k) of the FLSA Regulations, amended as follows: 9.1.2.1 Premium pay will be paid for hours worked in excess of eighty-four(84) hours during a two-week work period 9.1.2.2 Premium pay will be paid for hours worked in excess of twelve (12)hours per workday, or Days worked outside of scheduled days 9.2 Overtime or Premium hours worked shall be paid at the rate of time and one-half the Employee's regular rate of pay. Uniform Support Services Jefferson County Sheriff's Office Ratified:8/15/2018 Union Date of Adoption Through December 31,2021 9.3 Overtime pay shall not be compounded with any other form of premium compensation paid to the Employee. (Example: Premium pay may be received in addition to overtime pay, but is not included in the calculation of the overtime rate.) 9.4 Those employees who are required to work overtime shall be granted a thirty(30) minute meal period for each four(4)hours of continuous overtime. Employees on restricted movement may have meal expenses paid by the employer according to the Sheriffs practice. 9.5 RETURN TO WORK/CALL BACK: 9.5.1 If an Employee is required to report between shifts(between the end of an employee's scheduled shift and the start of their next scheduled shift) with less than ten(10) hours of rest, the employee shall earn pay at the premium rate of time-and one-half(1'/2) for those hours prior to the ten(10)hour period. This section shall not apply whenever an employee is deprived of the ten(10) hour rest period as a result of a change of work hours at his/her own request or to meet training and/or mandatory monthly meeting requirements. 9.5.1.1 If an employee is required to return to work within 10 hours of their last shift they shall be given 2 hours pay at the overtime rate as a premium, in addition to compensation for whatever hours are worked (this is actual hours worked plus two (2)hours). 9.5.1.2 Employees called back for scheduled training or for scheduled meetings will not be eligible for such turnaround premium pay. 9.5.2 An employee called back to work on other than his/her normal work schedule shall be compensated a minimum of two (2)hours at the overtime rate of pay. Hours worked beyond the two (2) hour minimum shall continue to be paid at the overtime rate until relieved of duty. 9.5.3 Court time (time when an employee is required to appear in court, not callback for the purpose of a court transport) on other than the employees regular work schedule shall be compensated as call back. Call back for Court as witness duty shall be actual time spent with a minimum of three (3)hours. Hours worked beyond the three (3)hour minimum shall continue to be paid at the overtime rate until relieved of duty. 9.6 Overtime Scheduling: 9.6.1 Known overtime shall be offered on a voluntary basis with seniority taking priority. If known overtime shifts are not filled within five (5) days of the schedule being posted, then the known overtime shifts will become mandated to employees that are available to work, in reverse seniority-order. 9.6.1.1 Known overtime—Overtime that is scheduled more than fourteen days prior to the date of the overtime (i.e., overtime that occurs due to scheduled vacations). 9.6.2 Unforeseen overtime shall be offered to employees that are available to work with seniority taking priority. If the unforeseen overtime shifts cannot be filled,then the unforeseen overtime shifts will be mandated to employees available to work Uniform Support Services Jefferson County Sheriff's Office Ratified:8/15/2018 Union Date of Adoption Through December 31,2021 with the least number of SCHEDULED overtime and if two or more employees have the least scheduled overtime then in reverse seniority order among them. 9.6.2.1 Unforeseen overtime—Overtime that is scheduled less than fourteen days prior to the date of the overtime, but is not considered an immediate overtime shift(i.e., overtime that occurs due to bereavement leave, special duties, or scheduled sick time). 9.6.3 Immediate overtime shall be mandated by the on-duty supervisor, to employees that are available to work. 9.6.3.1 Immediate overtime - Overtime needs that occur without advance notice, and must be filled immediately (i.e. emergency duties, sick time due to unforeseen illness, etc.) 9.7 Overtime Opportunities—Out of Work Assignment: 9.7.1 In general, it is preferred that employees perform the overtime within their principle work assignment, i.e. Civil, Corrections. 9.7.2 If no employees from within the principle work assignment are available, known overtime should be offered to other Bargaining Unit employees before being mandated. 9.7.3 Non-emergency overtime should be offered to personnel who are Bargaining Unit employees before being offered to non-Bargaining Unit personnel (for example, patrol deputies or reserves). 9.7.4 Corrections Deputies and Court Deputies may be required to receive cross- training, to ensure they can perform the essential safety and security functions of both work assignments. 9.7.5 Nothing in this section restricts the right of the Sheriff to make emergency changes to work assignment when necessary for public safety or to ensure the efficient operation of the Sheriff's Office. 9.8 Employees that have been mandated to work an overtime shift shall not be mandated to work overtime within five (5) days of their last mandated shift, unless there are no other employees available to work. 9.9 For purposes of overtime, emergency callback, or court callback, employees will be considered NOT available for work under the following circumstances: 9.9.1 Employees on vacation(except under emergency circumstances as outlined in Section 9.10), sick leave, or other requested and approved absence. 9.9.2 Employees already working a scheduled overtime shift on the day of the overtime. 9.9.3 When on a five-eights schedule, employees who are on their regularly scheduled days off, unless there are no other employees available to work. 9.10 Emergency Cancellation of Time Off: Once leave, paid or unpaid, has been approved and scheduled, an employee's leave, including adjacent regularly scheduled days off, shall not be cancelled without mutual agreement between the Employer and the Employee, or unless the Sheriff, in his sole discretion, determines that an emergency exists Uniform Support Services Jefferson County Sheriff's Office Ratified:8/15/2018 Union Date of Adoption Through December 31,2021 9.10.1 The term"emergency" shall include unforeseen public issues effecting public safety and shall not include the cost of paying overtime to available employees to cover shifts. 9.9.2 In the event that the Sheriff determines an emergency exists, including unanticipated lack of available staff, and subsequently cancels approved and scheduled time off, the Employer shall reimburse the Employee for all non- refundable expenses which are declared/substantiated by the Employee as part of the Employee's scheduled time off and subsequently lost to the Employee as a result of the having an approved vacation cancelled 9.9.3 For purposes of this Article, leave,paid or unpaid, does not include regularly scheduled days off or time between shifts, and refers to vacation or holiday time, AAL, sick leave, or other requested and approved absence 9.11 If an employee is subpoenaed to court or required to work during approved scheduled leave, paid or unpaid, including adjacent regularly scheduled days off, the employee shall not be debited any accrued paid time off(vacation, sick leave, comp time, AAL, etc.) on the day of the court appearance or the day of the required work, regardless of the time spent in court or required to work. As a premium, the Employee shall be compensated at the rate of time-and-one-half for a full day of work,based on the Employee's regular work schedule, regardless of the amount of time spent in attendance of said court or the amount of time the Employee is required to work. The aforementioned compensation premium shall also apply during the Employee's regularly scheduled days off, adjacent to any scheduled leave. ARTICLE 10 - COMP-TIME 10.1 Employees may take compensatory time off at the rate of one and one-half hours off per hour of overtime worked in lieu of overtime pay. An employee who accrues the maximum of forty (40) hours comp-time will not be allowed to accrue additional comp time. Additional hours shall be paid for at the overtime rate. 10.1 An employee on compensatory time off shall be deemed to be on official leave with pay status. 10.2 An employee who notifies his/her Supervisor promptly or substantiates to the satisfaction of his/her Supervisor that he/she was sick on a scheduled day of compensatory time off may request that a day of sick leave be taken rather than previously scheduled compensatory time. 10.3 An employee may choose to add comp-time to their bank as long as their bank does not exceed the forty (40) hour maximum. 10.4 Comp-time can be carried over from month to month, and/or year to year with no more than forty (40) hours being carried over. 10.5 The employer may limit Comp Time use as provided by law. Uniform Support Services Jefferson County Sheriff's Office Ratified:8/15/2018 Union Date of Adoption Through December 31,2021 ARTICLE 11 -JURY DUTY 11.1 Employees called for Jury Duty in any Municipal, County, State or Federal court shall advise the County upon receipt of such call and, if taken from his/her regularly scheduled work for such jury duty, shall be paid at his/her regular hourly rate for those hours that the employee would have spent on his/her regularly scheduled shift, less compensation paid for such Jury Duty. ARTICLE 12-GRIEVANCE PROCEDURE 12.1 OBJECTIVES: To informally settle disagreements at the employee-supervisor level;to provide an orderly procedure to handle the grievance through each level of supervision; to correct, if possible,the cause of the grievance to prevent future complaints; to promote harmonious relations among employees,their supervisors, and Departmental Administrators; to assure fair and equitable treatment of employees; to resolve grievances at the Departmental level before appeal to higher levels. 12.2 DEFINITIONS: The following terms, as used in this contract, shall have the following meaning: GRIEVANCE: A complaint by an employee, an Association/FOP Representative, or the County may be filed when the grieving party believes an unfair application of a policy has been applied to an employee, or an alleged violation of any term or condition of this Agreement has occurred. Letters of Reprimand and other non-economic disciplinary actions are not grievable upon issuance. Disciplinary action, including any underlying supporting Letters of Reprimand, with an economic impact on the employee shall be subject to grievance processing as a single procedure. Issues arising from Section 7.7 are limited to the question of arbitrariness and capriciousness. WORKING DAY: Exclusive of Saturday, Sunday and holidays. EMPLOYEE: Any Employee of the Jefferson County Sheriffs Office covered by this Agreement. IMMEDIATE SUPERVISOR: The person, who assigns, reviews or directs the work of an Employee. SUPERIOR: The person to whom an immediate supervisor reports. REPRESENTATIVE: A person who appears on behalf of the employee or employer. 12.3 TIME LIMITS: Time limits are established to settle grievances quickly. Time limits may be extended by agreement of the parties. If the grievant is not satisfied with the decision rendered, it shall be the grievant's responsibility to initiate the action which submits the grievance to the next level of review within the time limits specified. Failure of the Employee to submit the grievance within the time limits imposed shall terminate the grievance process and the matter shall be considered resolved. Failure of the County to respond within the time limits specified will allow the grievant to submit the grievance to the next higher step of the grievance procedure. Uniform Support Services Jefferson County Sheriffs Office Ratified:8/15/2018 Union Date of Adoption Through December 31,2021 12.4 PARTIES RIGHTS AND RESTRICTIONS: 1. A party to the grievance shall have the right to record a formal grievance meeting at the expense of the requesting party. 2. In keeping with Article 5.8 of this document, an Employee may have an Association and/or an FOP representative present at all steps of the grievance procedure; and,the Employer may have a representative present at all steps of the grievance procedure. 3. Reasonable time in processing a grievance will be allowed during regular working hours for the Association Representative,provided such work does not interfere with the representative's assigned duties, or if interference would occur, upon advanced supervisory approval. 4. Nothing within this grievance procedure shall be construed as limiting the right of management to manage the affairs of the County. 5. Grievances of an identical nature, involving an alleged violation of the same Article, section, etc., concerning the same subject matter, may be consolidated. 6. Confidential Communication. Any communication between a member of the Association and any recognized Association/FOP representative regarding a potential or actual employee grievance will be defined as confidential. Likewise any communication between County Management/Administration and a recognized County representative shall be defined as confidential. 12.5 ELECTION OF REMEDIES: The use of this grievance procedure will NOT constitute an election of remedies. An employee seeking redress through the Labor Agreement may seek judgment of the same matter through the Civil Service Commission at step 5 of the Grievance Procedure. In the event of an appeal of a Civil Service Decision a written election form shall be completed by the employee no later than the time of advancing the grievance to step#6 of the below procedures electing Arbitration or private litigation in court following the decision of the Civil Service Commission. 12.6 STEPS IN THE GRIEVANCE PROCEDURE: Step #1 Within twenty(20) working days from the occurrence of the incident on which a complaint is based, or within twenty (20) working days of the employee's knowledge of the occurrence, the employee and/or their representative will meet to discuss the complaint with the employee's immediate supervisor. This meeting shall be in an effort to resolve the issue through informal discussions. No settlement at this step will become a binding practice with regard to any future matter even if the matter may appear to be identical. Step#2 If the employee feels the immediate supervisor has not resolved the grievance, the employee may appeal to the supervisor's Superior within twenty(20) working days from the close of the Step #1 Meeting. At this time, all supporting documents and evidence relative to the grievance shall be included Uniform Support Services Jefferson County Sheriffs Office Ratified:8/15/2018 Union Date of Adoption Through December 31,2021 with the appeal. The supervisor's Superior shall hold a formal meeting with the employee and their representative, if requested, within twenty (20) working days from the date of the appeal receipt, and attempt to settle the grievance. A decision shall be made, in writing, by the supervisor's Superior to the employee within twenty (20)working days from the close of the formal meeting. No settlement at this Step#2 will become a binding practice with regard to any future matter even if the matter may appear to be identical unless such settlement is reduced to writing and approved by the Sheriff. Step #3 If a successful resolution is not found with the Department Chief,the Employee may within twenty(20) working days from the close of the Step #2 Meeting, or the receipt of a written decision, whichever is applicable, appeal to the Sheriff in writing. At this time, all supporting documents and evidence relative to the grievance shall be included with the appeal. The Sheriff shall hold a formal meeting with the Employee and their representative(s), if requested, within twenty (20) working days of the date of the receipt of the appeal and attempt to settle the grievance. A decision shall be made, in writing, to the Employee by the Sheriff, within twenty (20) working days from the close of the formal meeting. Step#4 If the employee feels the Sheriff has not resolved an economic grievance, the employee may within twenty(20)working days from the close of the Step #3 Meeting, or the receipt of the Sheriff's written decision, whichever is applicable, appeal to the County Administrator. All supporting documents and evidence relative to the grievance shall be included with the appeal. The County Administrator or his/her authorized designee may hold a formal meeting with the employee and the representative, if requested, within twenty (20)working days from the date of the appeal receipt, and attempt to settle the grievance. A decision shall be made, in writing, to the Employee by the County Administrator or his/her authorized designee, within twenty (20) working days from the close of the formal meeting. In the event the grievance is filed by the County regarding a violation of this agreement by an employee or the Association or the FOP such County filing shall occur at this Step by having the County officially file its grievance with the Association Chair. Unresolved grievances by the County may be submitted to Step#5 by the County following the same procedures for the selection of arbitrator and processing of the grievance. Step#5 Appeal of a Step#4 Decision may be made to the Civil Service Commission according to their current rules upon request of the employee and approval of the Association, within twenty (20) working days from the close of the Step #4 Meeting, or the receipt of the County Administrator's decision, whichever is applicable. The Civil Service Commission shall schedule a formal meeting within twenty (20)working days of the receipt of such a request. Upon completion of this meeting, which will occur according to the current Civil Service Commission Uniform Support Services Jefferson County Sheriff's Office Ratified:8/15/2018 Union Date of Adoption Through December 31,2021 Rules (exceptions noted below), the Commission shall deliver its written decision within twenty (20) working days from the close of the formal meeting. Notwithstanding Rule 10, Section 10, Subsection(2) of the Civil Service rules,no hearing in a grievance procedure shall be a public hearing. Notwithstanding Rule 10, Section 12, Subsection(2) of the Civil Service rules, no decision at this step will be considered final and binding, and decisions at this step by the Civil Service Commission may be appealed as laid out in Step#6. In the event that the Civil Service Commission for any reason declines to hear the grievance, there shall be no prejudice to either party, and the grievance shall move to Step#6 immediately. Step#6 ARBITRATION. If the Association or County wishes to appeal the decision of the Civil Service Commission, the appealing party must notify the other party within twenty (20) working days of the written decision of the Civil Service Commission. The Commission's Decision may be appealed to the appropriate State Court or to arbitration upon 60 days' notice of intent to arbitrate the matter by the appealing party to the other party. The arbitrator will be selected as follows: The Parties shall attempt to agree upon an arbitrator within twenty(20) working days after receipt of notice of intent to proceed to arbitration. In the event the parties are unable to agree upon an arbitrator within the period, the parties shall jointly request the Federal Mediation and Conciliation Service to submit a panel of eleven(11) Washington or Oregon arbitrators. After flipping a coin to determine which party goes first, the parties shall alternately eliminate the name of one person on the list until only one name remains. The person whose name was not eliminated shall be the arbitrator. DECISION: The arbitrator shall have no authority to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement and shall hold a hearing so that both parties may present their respective cases. The decision of the arbitrator shall be rendered within thirty (30) business days after the close of the hearing. The decision of the arbitrator shall be final and binding upon the parties to the grievance provided the decision does not involve action by the Employer which is beyond its jurisdiction, or would be a violation of public policy. 12.7 COSTS AND EXPENSES: The cost of a Civil Service Hearing or Arbitrator shall be divided equally between the County and the Employee. Individual costs of presenting their respective position shall be borne by each party. Cost for witnesses, court reporter, or other individual expenses shall be borne by the grievant or County depending on who incurs the cost. In the event there is no hearing tape available from the Commission or Arbitrator either party may tape record the proceeding as their personal record of the Uniform Support Services Jefferson County Sheriff's Office Ratified:8/15/2018 Union Date of Adoption Through December 31,2021 hearing. Upon request the taping party will make a copy of the tape available to the other party. ARTICLE 13 -WAGES 13.1 Wage Rates are attached to this agreement at Appendix A and are a part of this agreement by this reference. 13.1.1 Effective the beginning of the next full pay period following full adoption of this Agreement wages as listed in Appendix A for 2018 shall be implemented. 13.1.2 Employees employed on the date of full adoption of this Agreement shall receive a lumpsum amount as retroactive pay in the amount of 5%of their 2018 gross wages to be paid as soon as practicable for the Auditors office. 13.2 Notwithstanding any other provision of this agreement, there shall be no reclassifications performed within three (3) months of the expiration of this agreement or during any negotiation period. 13.3 Whenever this agreement requires a wage increase, such wage increase shall be effective the first day of the first full pay period in the month in which the adjustment occurs. ARTICLE 14-LONGEVITY 14.2 Upon completion of the following years of employment and being in the top step for at least 12 months, Employer shall pay, as an annual longevity bonus, the amounts which follow to eligible Employees at the pay period which follows the anniversary date or month of employment. (1) Five years employment $ 600.00 (2) Ten years employment $ 1,000.00 (3) Fifteen years employment $ 1,400.00 (4) Twenty years employment $ 1,800.00 (5) Twenty-five years employment$2,200.00 14.2.1 The above Longevity schedule is effective as of January 2018 and any employee receiving a better benefit shall retain same until the above will provide a better benefit. 14.3 Longevity Pay shall be paid in a lump sum to eligible employees in the November pay which will be received by employees in early December of each year. Early terminates are subject to adjustment in their final check. In an employees' first year of eligibility payment will be prorated through November and annually thereafter. 14.4 Shift Proration. The above amounts are based on an eight(8) hour shift. Longevity for shifts of less than eight(8) hours shall be calculated as a proportionate share based on an eight(8)hour shift. Example: a seven(7) hour shift employee with over five years longevity will receive 7/8 of longevity amount(7-hour shift employee with five years employment, 7/8 of$400 = $350). Uniform Support Services Jefferson County Sheriff's Office Ratified:8/15/2018 Union Date of Adoption Through December 31,2021 ARTICLE 15—HOLIDAYS New Year's Day January 1st Washington's Birthday 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4th Labor Day First Monday in Sept. Veteran's Day November 11th Thanksgiving Day Fourth Thursday in Nov. Day after Thanksgiving Day after Thanksgiving Christmas Day December 25th Two (2) Floating Holiday 15.1 Floating holiday observance is to be determined by mutual agreement between the Employee and the Employer, with seven(7) days advance notice. 15.1.1 Deputies Assigned to the Civil Division may choose to use floating holidays for days on which the Courthouse is closed for an unlisted holiday. 15.2 If a person's day off falls on a holiday, they get one day off for that holiday, or an extra day's pay at straight time. 15.3 Any employee working on a holiday shall receive their Holiday pay (§16.6) in addition to: 15.3.1 An Employee required to work on a paid holiday(i.e. 0:00 to 24:00), which is his/her regularly scheduled work day, shall be compensated at the premium pay rate of time-and-one-half for all regularly scheduled hours worked during that holiday, and at the premium pay rate of double time (two times the regular rate of pay) for all hours beyond their regularly scheduled shift. 15.3.2 An Employee required to work on a paid holiday, which is not his/her regularly scheduled work day, shall be compensated at the premium pay rate of double-time (two times the regular rate of pay). 15.4 When a holiday falls on Saturday, the preceding Friday shall be observed, and when it falls on Sunday the following Monday shall be observed. This provision applies to employees who work Monday through Friday only and the County declares the preceding Friday or following Monday as a County Holiday where the County is closed to the public. Employees assigned to the Jail will observe holidays on the actual day of the holiday. 15.5 If an employee calls in sick on a holiday for which the employee is scheduled to work, the employee will receive holiday pay but not sick leave pay. 15.6 For purposes of this article, holiday pay is eight (8) hours (prorate if applicable) at the regular straight time rate of pay. Uniform Support Services Jefferson County Sheriff's Office Ratified:8/15/2018 Union Date of Adoption Through December 31,2021 ARTICLE 16-VACATIONS 16.1 VACATION ACCRUAL: Months of Completed Maximum Hours ACCRUAL/ Employment Earned Per Year HOUR 0 through 36 80 hours 0.0385 37 through 60 96 hours 0.0462 61 through 120 120 hours 0.0577 121 through 180 128 hours 0.0615 181 + 160 hours 0.0770 16.1.1 ADDITIONAL ANNUAL LEAVE (AAL): In addition to the sections noted in Months of Completed Employment: "61 through 120"above,one(1)additional day(8 hours or less based on FTE)shall be available to employees covered by that section each CALENDAR year. "121 through 180" two (2) additional days (16 hours or less based on FTE) shall be available each CALENDAR year. "181+"three (3) additional days (24 hours or less based on FTE) shall be available to each employee covered by such sections each CALENDAR year. The additional days available pursuant to this section shall be treated as floating holidays for the purposes of not being carried forward and not being payable upon termination. 16.2 Earned vacation leave may be taken at any time during a period of sickness after the expiration of accumulated sick leave. 16.2.1 An Employee who notifies his/her Supervisor promptly or substantiates to the satisfaction of the Sheriff that he/she was sick on a scheduled day of vacation may request that a day of sick leave be taken rather than previously scheduled vacation day. 16.3 Employees shall be "cashed out" for all vacation accrued on the books of the County at the time of termination except as provided below. 16.3.1 An employee who, except for an emergency (defined as an unforeseeable event), fails to provide a two (2)weeks advance notification of intent to resign shall forfeit rights to two (2) weeks of currently accrued vacation. The two (2)week notice may be waived by the County Administrator or designee. 16.4 Seniority order shall prevail for all employee time-off selections made during the "time- off selection period" September 1, through December 31 for time-off in the next calendar year. Vacation time not selected during the vacation selection period is subject to forfeiture as provided below. All time off applied for after the time-off selection period will be on a space available basis. Uniform Support Services Jefferson County Sheriff's Office Ratified:8/15/2018 Union Date of Adoption Through December 31,2021 16.5 All time-off(including unpaid time off) is to be selected as follows. Time-off may be taken at any time during the year with the welfare of the job being the determining factor. Time off selection shall occur independently within each work assignment(for example, the Jail's time off selection is separate from the Civil Unit's time off selection). 1. The Sheriff shall post for selection available weeks for employees in each work assignment. Some weeks or days may be unavailable for selection due to anticipated staffing needs. 2. There shall be three rounds of vacation selection. 3. The first-round employees, by seniority, shall choose their time off from available weeks in one (1) contiguous period to be selected in round one. 4. The second-round employee, by seniority, shall choose their time off from available weeks in one (1) contiguous period to be selected in round two. 5. The third-round employees, by seniority, shall chose the remainder of their eligible time off on a multiple day or single day off basis but not more than one day of which shall be a holiday. 6. For purposes of accounting for days used during the calendar year the order of "burn-off' shall be: AAL (§16.1.1) Holidays (for employees using § 15.1) regular vacation(§16.1) and then scheduled unpaid time off. 7. Employees may split their vacation into as many parts as is mutually agreed upon between the employee and the supervisor and no third party shall enter into or influence this decision. 16.6 PROBATIONARY EMPLOYEES: For the first twelve months of any Trial Period, an Employee, regardless of seniority, will continue to accrue vacation leave, but will not be permitted to take vacation leave. EXCEPT that Employees who have already successfully completed a trial period in one classification, but transfer to another classification and trigger a trial period, shall be entitled to any paid leave that was authorized and scheduled prior to their transfer. An entry-level Employee new to bargaining unit will only be able to use vacation leave during their trial period with permission of the Sheriff under special circumstances. 16.7 A maximum of one hundred twenty hours (120) accumulated vacation may be carried over from the previous year. Accumulated vacation time not selected/scheduled during the vacation selection period and in excess of the one hundred twenty hours (120) carry over shall automatically be lost to the Employee on April 1 of each year. 16.7.1 If unable to take scheduled leave because of employer-required workload, such scheduled but denied leave days may be carried into the next calendar year. This leave but must be used within the first three (3) months of the following year, or it will be paid in cash, unless it is again denied because of workload; whereupon, at the employee's option, the use of denied days shall be extended until July before they are cashed out. The inability of the employer to allow the employee to take vacation leave shall be documented by the Sheriff at the time of such denial and be forwarded to the Payroll Division of the Auditor's Office. 16.8 Vacation/Leave requests for vacation not scheduled during the vacation selection period shall be submitted fourteen(14) days in advance and be signed by management then Uniform Support Services Jefferson County Sheriff's Office Ratified:8/15/2018 Union Date of Adoption Through December 31,2021 returned to Employee within five (5) days or will be deemed approved. This section shall not preclude the approval of a request of less than fourteen(14)days advance submission. ARTICLE 17-SICK LEAVE 17.1 Sick leave is earned by regular and trial employees at the rate of one (1) working day for each month of completed service. An employee may not accumulate more than nineteen- hundred-twenty (1,920) hours of sick leave. To receive sick leave, an employee must either be sick or disabled or have a scheduled health care appointment. Upon reasonable request by the department head, an employee must be able to furnish proof, including documentation from the attending health care provider. Falsification or misuse of sick leave shall be grounds for disciplinary action. 17.2 Sick leave is appropriate for illness or disability caused by or contributed to: pregnancy, miscarriage, abortion, childbirth, adoption and recovery there from. Accrued sick leave is appropriate to care for a family member with a health condition that requires treatment and/or supervision. (RCW 49.12) Accrued sick leave, not leave of absence(Section 5.60), must be used for illness, injury or disability. 17.3 Sick leave is not appropriate and will not be authorized for death in the employee's family. (See Bereavement Leave.) 17.4 No employee shall receive compensation for unused sick leave greater than the amount determined as a result of Section 18.5 #2 at the time of retirement. 17.5 The County will make the following payment for sick leave. 1. Upon an Employee's death,the Employee's estate shall be paid twenty-five percent (25%) of such accumulated sick leave. 2. Upon disability or retirement,the employee shall be paid twenty-five percent (25%) of such accumulated sick leave. 3. If employment is terminated other than by death, disability or retirement, no portion of such accumulated sick leave shall be paid. 17.6 Light Duty: 1. Light duty shall be for the purpose of temporary assignment while a disabled employee becomes able to resume full duties 2. Light duty assignments, if granted by the Sheriff, will be determined by the Sheriff, with concurrence of the physician. The Employer shall give a letter of request to the physician of the duties to be performed on light duty so the physician may verify to the Employer what duties the Employee may or may not perform. It is the intention of the parties that light duty would be granted if an assignment is cost effective for the County as determined by the Sheriff as to availability and the County Risk Manager as to cost effectiveness. Uniform Support Services Jefferson County Sheriff's Office Ratified:8/15/2018 Union Date of Adoption Through December 31,2021 17.7 The County may administer Sick Leave to meet the requirements of the Washington Sick-Leave law provided employees do not receive a benefit that is less than as provided in this CBA. ARTICLE 18-BEREAVEMENT LEAVE 18.1 Bereavement leave shall be authorized permanent Employees for a maximum of three (3) days to grieve the death of a member of the Employee's immediate family. "Immediate family" is defined as follows: Spouse, parent, grandparent, child, grandchild, brother, sister, mother-in-law, father-in-law, significant domestic partners and step relations of the same degree. 18.2 Employees who have a death in their immediate family and who would have to travel 500 miles or more (one way) to attend such funeral shall be allowed two (2) additional days with pay, for travel only. 18.3 Employees requiring additional time beyond that granted in 19.1 and 19.2 shall have priority in taking any available accrued paid time-off available to the employee when the purpose is to attend a service for the deceased or to manage the affairs of the deceased. ARTICLE 19—MILITARY LEAVE 19.1 Military Leave: Military leave will be granted in accordance with RCW 38.40.060. Military leave shall be granted upon written application accompanied by a copy of bona fide orders to temporary active or training duty. Military leave is paid time according to applicable RCW and there shall be no loss of employee benefits. ARTICLE 20-UNIFORMS 20.1 Upon initial appointment to the Sheriff's Department, uniforms and equipment shall be furnished by the Sheriff's Department, with initial issue as determined in Appendixes. 20.2 The Sheriff shall establish authorized uniform standards and either post such standards or include such standards in the Policy & Procedures of the Sheriff's Office. Uniforms shall only be worn in the line of duty and shall conform to the established uniform standard. Employees are authorized, using their own funds or using their uniform allowance, to purchase uniforms and equipment authorized by the Sheriff's Office. 20.2.1 In the event the Sheriff shall decommission a previously authorized uniform item such that it is no longer allowed such item shall be replaced with an authorized replacement at no cost to the employee. 20.2.2 The Sheriff has authorized the wearing of"Jump Suits"which shall be a practice until lawfully changed. 20.3 Employee shall keep uniform items clean and in good repair at all times. The Sheriff shall post authorized uniform standards. Uniforms shall only be worn in the line of duty and shall conform to the posted uniform standard. Once issued or purchased, uniform items and equipment must be replaced, repaired, and cleaned by the Employee at the Employee's expense, except as outlined in 21.4 and 21.5. 20.4 In the event that the Sheriff alters the established uniform standards in such a way that a uniform or equipment that had previously been authorized becomes de-authorized, any Uniform Support Services Jefferson County Sheriff's Office Ratified:8/15/2018 Union Date of Adoption Through December 31,2021 employees who have such a uniform or equipment—whether from their initial issue or purchased with their own funds or uniform allowance—shall be entitled to have such uniforms or equipment replaced at the cost of the Sheriff's Office with an authorized substitute whenever the Sheriff shall determine the employee may no longer wear such de-authorized uniform or equipment. 20.5 The Employer shall replace and repair uniforms, equipment,personal clothing, and personal items which are damaged while in the line of duty. The filing of an incident report is a prerequisite to the repair or replacement of the item in question. Replacement and repair shall not be authorized for normal wear and tear of personal uniform items. 20.6 Bullet Proof Vests shall be provided to officers as necessary protective safety equipment. Same will be replaced as required to maintain employee safety. 20.7 Employees required to carry firearms shall be issued a firearm by the Sheriff's Office, after successful completion of relevant training and qualification, and shall further be issued magazines and ammunition for the issued firearm. 20.7.1 PERSONAL DUTY WEAPONS: Employees who are required to carry firearms will be permitted, if they wish, to purchase their duty weapon through the Department, provided that such a weapon MUST conform to all requirements of the Sheriff for department issued duty weapons. In the event the Sheriff should change the duty weapon employees will have the option of purchasing a new conforming personal duty weapon or receiving a Department issue weapon as required by the Sheriff. Employees who purchase a personal duty weapon according to this section shall be permitted to use such personal duty weapon as their duty weapon and shall turn in the Department issued weapon. The Department shall supply required duty ammunition for employees with personal duty weapons in the same manner as Department issued weapons. 20.8 After completing their first full year of employment, Employees required to wear a uniform shall be provided an annual uniform allowance of$875. The allowance shall be received each January, in the pay check received by employees in early February. 20.8.1 In recognition of the fact the JCSOUSS employees carry out similar job functions and wear the same uniform as JCSO Patrol Employees, the uniform allowance for JCSOUSS Employees should match the uniform allowance provided to JCSO Patrol Employees in the JCSO Patrol Contract. In the event of any future increases to the JCSO Patrol Employees' uniform allowance, the agreement may be reopened at the request of the Association for purposes of discussing an increase to uniform allowance. ARTICLE 21 -JOB INFORMATION 21.1 It is the Employer's responsibility to provide each employee, particularly upon hire, with written information relevant to the job that the employee performs. This information should include: 1. The job description for the position the employee fills or will fill; 2. Brochures and explanation of benefits as provided by appropriate agencies, to the Employer with respect to insurance (medical, dental, vision, life insurance, etc.), retirement, and any other similar information relevant to the position; Uniform Support Services Jefferson County Sheriff's Office Ratified:8/15/2018 Union Date of Adoption Through December 31,2021 3. A copy of the current Personnel Policy and all other personnel related policies. ARTICLE 22-HEALTH AND WELFARE 22.1 The Association shall independently contract for medical related benefits as the Association shall determine. 22.1.1 The employee amount plus County amount results in a total is to be delivered in a single check to: Erven Bong and Associates, LLC 51 West Dayton, Ste. #303 Edmonds, WA 98020 22.2 Effective from January 2018, the County contribution cap shall be $1,126.98 22.3 It is agreed that the individual employee deduction amount may increase or decrease depending upon the composition of bargaining unit employees and families as well as the plans chosen by the Association. 22.3.1 Employees new to the County may be covered by the medical coverage under this Agreement however if such new"full time" employee has not worked at least eighty (80) hours the employee may elect coverage and pay additional amounts and the County contribution shall be prorated based on scheduled employment compared to regular full- time employment.. 22.4 The funds transmitted shall provide for the purchase of such benefits as the Association shall determine in its discretion with the Association providing timely notice to the County. 22.5 The County obligations shall not exceed the amounts stated in §22.2 except as adjusted by operation of Article 23. ARTICLE 23 -MAINTENANCE OF BENEFITS 23.1 Effective January 1, 2019 the County shall be responsible for 85% of the required aggregated individual employee amounts due in January of 2019, as County contribution for Article 22 benefits, but not more than 3.5%of an increase in County contribution in §22.2. 23.2 Effective January 1, 2020 the County shall be responsible for 85% of the required aggregated individual employee amounts due in January 2020, as County contribution for Article 22 benefits, but not more than 3.5% of an increase in County contribution in §22.2 as increased by §23.1. 23.3 Effective January 1, 2021 the County shall be responsible for 85% of the required aggregated individual employee amounts due in January 2021, as County contribution for Uniform Support Services Jefferson County Sheriff's Office Ratified:8/15/2018 Union Date of Adoption Through December 31,2021 Article 22 benefits, but not more than 3.5% of an increase in County contribution in §22.2 as increased by §§ 23.1 and 23.2. 23.4 The Parties agree that either party may open this Article 23 for the purposes of renegotiation in the event of any adverse regulation or legislation, including any form of tax imposed on health care plans, changing the existing County cost of providing benefits to Deputies or the Deputies' Contractual cost of retaining benefits. This section does not apply to the normal historic changes in cost associated with periodic establishing contributions based on utilization. 23.5 This Article may be opened by mutual agreement at any time for the substitution of alternate plans. ARTICLE 24—ADDITIONAL UNDERSTANDINGS 24.1 Statutory Benefits: 24.1.1 The Employer and Union agree that whenever Federal, State or Local laws require the Employer to provide benefits not negotiated by the parties into this Agreement such benefits shall be administered in accordance with the enactment and to the extent permitted the Employer and employee shall contribute to the cost of such non-negotiated benefit. 24.1.2 Beginning January 2018 the sick-leave provisions of this agreement shall be administered pursuant to the Washington Sick Leave law as same may be amended provided however, there will be no reduction in benefits provided in this agreement. 24.1.3 Washington State Paid Family Medical Leave (RCW 50A.04) premiums shall be paid by the Employer and employee as permitted by the Statute with employees paying the Family Leave portion and 45% of the Medical portion ARTICLE 25 -SAVINGS CLAUSE 25.1 Should any provisions of this agreement be found to be in violation of any Federal, State or Local Law, all other provisions of this agreement shall remain in full force and effect for the duration of this agreement. \\\ \\\ \\\ Uniform Support Services Jefferson County Sheriff's Office Ratified:8/15/2018 Union Date of Adoption Through December 31,2021 ARTICLE 26-TERMINATION 26.1 This agreement shall be effective from date of approval through December 31, 2021. ADOPTED THIS DAY OF 2018. JEFFERSON COUNTY BOARD JCSOUSS Employees Association,FOP OF COMMISSIONERS David Sullivan, Chair ` Association President Date —/7(f Kathleen Kler,Member 2<,f& �L--- FOP Representative Kate Dean, Member Date 0/2 2- if Approved as to Form Only: By: C', 3/461//C6. C✓: Deputy Prosecuting Attorney By: Philip Morley,Risk Manager sig due-mediator prop to Uniform Support Services Jefferson County Sheriff's Office Ratified:8/15/2018 Union Date of Adoption Through December 31,2021 Page-25-of 33 JEFFERSON COUNTY SHERIFF'S OFFICE Uniform Support Services Date of Adoption,2018 through December 31,2021 APPENDIX"A"WAGES THIS APPENDIX is supplemental to the AGREEMENT by and between JEFFERSON COUNTY, WASHINGTON, hereinafter referred to as the Employer and Jefferson County Sheriffs Office Uniformed Support Services/FOP, hereinafter referred to as the Association and shall apply to those employees in the following listed classifications: A.1 Effective for the term of this agreement, for employees employed on the date of ratification or effectiveness, whichever is later,the Pay Grades and rates of pay for each Pay Grade covered by this Agreement shall be payable the first full pay period after effectuation as follows: A.1.1 Wages: 2018 Rates 5.40% 5.40% 5.40% 5.40% 5.40% 5% Step A Step B Step C Step D Step E Step F Oto12M 13to24M 25to36M 37to48M 49to60M 61+M Corrections Sergeant(22.5%) $ 25.20 $ 26.56 $ 27.99 $ 29.50 $ 31.10 $ 32.78 Corrections&Court Deputy $ 20.57 $ 21.68 $ 22.85 $ 24.08 $ 25.39 $ 26.76 2019 Rates 5.40% 5.40% 5.40% 5.40% 5.40% 2.50% Step A Step B Step C Step D Step E Step F Oto12M 13to24M 25to36M 37to48M 49to60M 61+M Corrections Sergeant(22.5%) $ 25.83 $ 27.22 $ 28.69 $ 30.24 $ 31.87 $ 33.60 Corrections&Court Deputy $ 21.08 $ 22.22 $ 23.42 $ 24.69 $ 26.02 $ 27.43 2020 Rates 5.40% 5.40% 5.40% 5.40% 5.40% 2.50% Step A Step B Step C Step D Step E Step F Oto 12M 13to24M 25to36M 37to48M 49to60M 61+M Corrections Sergeant(22.5%) $ 26.47 $ 27.90 $ 29.41 $ 31.00 $ 32.67 $ 34.44 Corrections&Court Deputy $ 21.61 $ 22.78 $ 24.01 $ 25.30 $ 26.67 $ 28.11 2021 Rates 5.40% 5.40% 5.40% 5.40% 5.40% 2.00% Step A Step B Step C Step D Step E Step F Oto 12M 13to24M 25to36M 37to48M 49to60M 61+M Corrections Sergeant(22.5%) $ 27.00 $ 28.46 $ 30.00 $ 31.62 $ 33.32 $ 35.12 Corrections&Court Deputy $ 22.04 $ 23.23 $ 24.49 $ 25.81 $ 27.20 $ 28.67 A.2 Wage Rate Changes and Payments: • Effective the Pt full pay period of 2018 there shall be a 5% increase as reflected in the wage table. Uniform Support Services Jefferson County Sheriff's Office Ratified:8/15/2018 Union Date of Adoption Through December 31,2021 • Effective the 1st full pay period AFTER full adoption all steps shall be made uniform at one (1) year between each step. No employee shall be reduced and shall be increased upon their next step to the proper wage rate. • Effective the Pt full pay period in 2019 there shall be a 2.5% increase to be reflected in the Deputy wage table for 2019. • Effective the 1st full pay period in 2019 there shall be a 2.5% increase to be reflected in the Deputy wage table for 2020. • Effective the 1'full pay period in 2021 there shall be a 2%increase to be reflected in the Deputy wage table for 2021. • Effective immediately upon implementation of this agreement, Uniformed Service Deputies assigned to the Jail shall be classified as Corrections Deputies, and Uniformed Service Deputies assigned to the Civil Unit shall be classified as Court Deputies. There shall be no loss of, or change to, seniority, compensation, or benefits as a result of this re- classification. It is understood that the re-classification reflects duties already being performed. • The Court Deputy classification shall match the Corrections Deputy classification in the wage table. Throughout this agreement, where the term"Deputy" is used, it applies to both classifications. A.3 DEFERRED COMPENSATION PROGRAM: The County will contribute $94.00 per month to the employee's choice of one of the Deferred Compensation Plans currently offered by the County. The employee will contribute $47.00 of this amount with the Employer matching that amount. A.3.1 In the event the plan should provide for individual deferral the Employee may defer any amount they chose in accordance with the plan. A.4 ADDITIONAL COMPENSATION: FTO PAY: Field Training Officer: Employees assigned by the Sheriff, or his designee, to perform the duties of FTO for the majority of a shift shall,in addition to all other compensation for that day,receive one(1)hour of additional paid time,paid at time and one half, to be added to the employee's time card. And shall be full compensation for any pre or post shift duties related to FTO responsibilities. A.4.1 Phone Calls Off Duty: The Parties recognize that Sergeants are, as a part of their regular assignments responsible for intermittent phone calls during off-duty time. While off-duty each Sergeant shall be compensated at time-and-one-half for each call that exceeds seven (7) minutes at the rate of fifteen (15) minutes at time-and-one-half and if the call exceeds twenty-two (22) minutes shall be compensated for thirty (30) minutes at time-and-one-half and likewise for each received call. This section is effective at the time Section A.1 is adopted. Uniform Support Services Jefferson County Sheriff's Office Ratified:8/15/2018 Union Date of Adoption Through December 31,2021 APPENDIX B -—INITIAL UNIFORM/EQUIPMENT ISSUE Uniforms as listed below shall be furnished upon initial appointment to the Sheriff's Office. Once issued, uniform items shall be repaired, replaced and cleaned by the Employee as provided in the Agreement. Personal Uniform Items (Initial Issue) - 1 Pair, Class A Uniform Pants - 2 Additional Pairs of Uniform Pants - 3 Uniform Shirts o At least 1 Class A o 2 Additional shirts may be Class A or Class B - 1 Class A tie - JCSO Collar brass, 2 sets - 1 Name Tag, with"Serving Since"pin - 1 Badge - 1 Pants belt - 1 Approved Uniform Jacket, with JCSO patches, cloth badge, and name tape - 1 Sheriff's Office ball cap - 1 Black Stocking Hat, with Sheriff's Office embroidery Personal Equipment Items (Initial Issue) - 2 Pairs of Handcuff Keys (1 long, 1 short) - 2 Pairs of Handcuffs - Handcuff Case(s)—Either Double Cuff Case xl, or Single Cuff Case x2 - 1 Duty Belt(black leather, basket-weave with silver snaps) - 4 Belt Keepers (black leather, basket-weave with silver snaps) - Radio Holder(black leather, basket-weave with silver snaps) - Level-3 Retention Holster for Issued Duty Weapon (black leather, basket-weave w/ silver snaps) - 1 Magazine Holder for 2 magazines for Issued Duty Weapon(black leather,basket-weave with silver snaps) - 1 Glove Holder(for plastic gloves—black leather basket-weave with silver snaps or Velcro) - OC Holder, Mark 10 (black leather, basket-weave with silver snaps) - Ballistic Vest(specially fitted) - 1 Pair of Duty Boots(black leather, approved make) - 1 Approved or Issued Flashlight, with black leather holder, batteries and/or charger - 1 Issued Firearm, 2 Magazines, Duty Ammunition (On Completion of necessary training and certifications) Additional Items Required for attendance at CJTC Corrections Officer Academy: - Blue sweatpants and sweatshirt - Blue athletic shorts - Two white t-shirts, with last name printed in all-caps, black lettering, front and back, at chest level Uniform Support Services Jefferson County Sheriff's Office Ratified:8/15/2018 Union Date of Adoption Through December 31,2021 Page-28-of 33 APPENDIX C EMPLOYEE BILL OF RIGHTS C.1 All employees covered by this agreement shall be entitled to the following procedural protection. C.2 In criminal matters an employee shall be afforded those constitutional rights available to any citizens. C.3 In matters relating to job performance, the following guidelines shall be followed: C.3.1 Before an interview the employee shall be informed of the nature of the matter in sufficient detail to reasonably apprise him of the matter; C.3.2 Any interrogation of an employee shall be at a reasonable hour preferably when the employee is on duty unless the urgent needs of the investigation dictate otherwise. Where practicable, interrogations shall be scheduled for the daytime; C.3.3 Any interview shall take place at the Jefferson County Sheriffs Department, except when impractical. The employee shall be afforded an opportunity and facilities to contact and consult privately with an attorney of his/her own choosing. A representative of the Association may be present during the interrogation; C.3.4 The questioning shall be reasonable in length and the employee shall be entitled to such reasonable intermissions as s/he shall request for personal necessities, meals, telephone calls and rest periods; C.3.5 The employee shall be interviewed in a professional manner and shall not be threatened with dismissal,transfer or other disciplinary punishment as a guise to attempt to obtain his/her resignation; and C.3.6 The Employer shall not require any employee covered by this Agreement to take or be subjected to a lie detector test as a condition of continued employment. C.4 Interrogation. The interrogation of any sworn personnel during the course of an investigation that could lead to formal disciplinary action shall be conducted under the following conditions. These procedures shall not apply to any routine, supervisory contact with an officer for the purpose of counseling, instruction, or verbal reprimand. Prior to the commencement of any formal disciplinary interview, the employee shall be advised as follows: You are about to be questioned as part of an administrative investigation being conducted by the Jefferson County Sheriffs Office. You are hereby ordered to answer the questions that are put to you that relate to your conduct and/or job performance, and to cooperate with this investigation. You are required to answer questions relating to the performance of your official duties or fitness for duties. Your failure to cooperate with this investigation can be the subject of disciplinary action in and of itself, including dismissal. The statements you make or evidence gained as a result of this required cooperation may be used for administrative purposes but will not be used or introduced into evidence in a criminal proceeding. Uniform Support Services Jefferson County Sheriff's Office Ratified:8/15/2018 Union Date of Adoption Through December 31,2021 Paee-29-of 33 C.4.1 Constitutional Rights or Privileges. When the investigation becomes in furtherance of the intent to prosecute for a criminal offense, the officer charged with or suspected of committing a criminal act shall be afforded the same constitutional rights or privileges or guarantees enjoyed by any person. This section shall not deprive the County of the right to pursue the investigation administratively under Section 2.2. C.5 Use of Force—Employees involved in a"Use of Force" event shall, upon request, give a statement immediately following an event, including a"walk through" and"public safety statement" interview, designed and intended to enable a thorough and efficient processing of the scene for evidence and detailed interviews of all other witnesses. C.5.1 When an employee uses "deadly force"which results in the injury or death of a person,the employee shall not be required to make a written statement for (72) hours after the incident. An employee subject to the use of deadly force investigation shall be advised of their rights to and shall be allowed to consult with a union representative prior to being required to give a detailed oral or any written statement about the use of force. This right to consult with a union representative shall not unduly delay the giving of a statement immediately following an event, including a"walk through" and"public safety statement" interview, designed and intended to enable a thorough and efficient processing of the scene for evidence and detailed interviews of all other witnesses. C.5.2 Any investigation of the event will be conducted with due regard to the sensitivity for the deputies emotional state following the traumatic incident, and investigators will ensure that formal interview statements and written reports directly from deputies engaged in the use of deadly force are obtained when the deputy concerned has confidence in his/her ability to process and recall but not more than 72 hours after the event. C.5.3 Nothing in this article, however, shall be construed as compelling a deputy to provide a statement or prepare a response. Whether the deputy is ordered to do so will depend upon the circumstances of the situation, including whether the deputy is subject of a criminal investigation, and whether the deputy has requested and granted a Garrity waiver. C.5.4 Nothing in Section C.5 shall preclude a Deputy from making a voluntary statement at any time. Uniform Support Services Jefferson County Sheriff's Office Ratified:8/15/2018 Union Date of Adoption Through December 31,2021 Page-30-of 33 APPENDIX D ASSOCIATION AUTHORIZATION FORM FOR VOLUNTARY ASSIGNMENT OF ASSOCIATION DUES: I, (Print Name) hereby authorize Jefferson County to deduct my voluntary Labor Committee Dues or Fees in the amount certified by letter from time to time by the Bargaining Committee Chair from my monthly pay, and to deliver that amount aggregated with other Bargaining Unit employees' dues/fees deductions in a single check or warrant within ten (10) days of the deduction occurring each month. Remittance shall be addressed to: JCSOUSS Labor Committee, Jefferson County Lodge#31, PO Box 987, Chimacum, WA 98325 Such deduction shall continue month to month during my employment in the Bargaining Unit until such deduction is revoked in writing by the undersigned or I shall no longer be employed in the Bargaining Unit. Date: Signature: x Uniform Support Services Jefferson County Sheriff's Office Ratified:8/15/2018 Union Date of Adoption Through December 31,2021 Paee-31-of 33