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HomeMy WebLinkAboutFOP JCSOUSS re: Corrections Officer Retention Incentive - 121922la•iq.a�- AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE AND UNION FOR EMPLOYEE RETENTION INCENTIVE This Agreement Between Jefferson County, Employee and Union for Employee Retention Incentive (this AR reement) is made and entered into by and between Jefferson County (the County) and IA L ./'$�� (the Employee) and Fraternal Order of Police (FOP)/Jefferson County Sheriff's Office Uniformed Support Services (JCSOUSS) (the Union). WHEREAS, the Employee is an employee of the County who works at the Jefferson County Sheriff's Department (the Department); and, WHEREAS, the Union is the exclusive bargaining representative for the Employee; and, WHEREAS, the Union has agreed to a Memorandum of Agreement by and between the Department and Fraternal Order of Police(FOP)/Jefferson County Sheriffs Office Uniformed Support Services (JCSOUSS) (the CBA, APPENDIX A), which is incorporated here by reference; and, WHEREAS, the Departrr ent has experienced a prolonged inability to attract and retain qualified uniformed Corrections Officers to staff the County Corrections Facility; and, WHEREAS, the ability 0 maintain appropriate staff levels in the County Corrections Facility is essential to the safety and security of the employees, the incarcerated people and the citizens of the County; and, WHEREAS, under the terms of Agreement the County is offering a retention incentive of $15,000 to current uniformed Correctiors Officers to maintain appropriate staff levels; and WHEREAS, under the terms of Agreement the retention incentive requires completion of three years of service to the County or the Employee will be required to pay back the incentive; and, WHEREAS, the Employeie understands that the Department will incur substantial expenses in the provision of the incentive payment under the terms of the Agreement; and, WHEREAS, the one-time retention incentive requires a three-year incentive agreement approved by the County Administrator; and, WHEREAS, it is acknowledged by the undersigned that if the undersigned were to leave County employment prior to completioni of three years of service, the undersigned will be required to pay back the incentive on a pro -rated bans in equal monthly installments over a twelve-month period; NOW, THEREFORE, the County, the Employee and the Union hereby agree: 1. Current Employee Retention Incentive a. The Department will pay a Retention Incentive of $15,000 to the Employee. b. The Retention Incentive will be paid in installments as follows: AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 1 of 5 $7,500 upon si€ning Agreement for January 2023, paid February 5, 2023; ii. $3,750 upon completion of first year; and iii. $3,750 upon completion of second year. 2. Required Reimbursement of Incentive if Employee Separates from County Service Prior to Completion of Three Years of Service: Employee will be required to pay back the Retention Incentive on a pro -rated basis in equal monthly installments over a 12-month period if Employee separates from County service prior to completion of three -years of service. 3. Deduction from Employee Pay Authorized. a. Repayment Where Employee Resigns from Corrections Officer job. If the Employee resigns from a Corrections Officer job before the completion of the three-year period, but remains employed by the County, then reimbursement of Incentive of all amounts already paid shall be repaid on a pro -rated basis in equal monthly installments over a 12-month period, starting on the first day of the next month following resignation. b. Repayment Where Employee Resigns from County. If the Employee is terminated from employment at the County, either voluntarily or involuntarily, then the remaining shall be repaid on a pro -rated basis in equal monthly installments over a 12-month period, starting on the first day of the next month following resignation. 4. Discretion for the Depa -tment to Waive or Modify the Repayment Provisions of this Agreement, When an Employee Is Being Offered Another Position within the County. The Department Director may waive or modify the reimbursement obligation required by this Agreement at their sole discretion. Any other director of a County department may waive or modify the reimbursement obligation required by this Agreement at their sole discretion when deciding whether to offer the Employee a position outside of the Department, provided that the terms of the employment for th-2 position outside of the Department require the other department to reimburse the Department on the Employee's behalf. 5. Controlling Law. a. It is understood and agreed this Agreement is entered into in the State of Washington. This Agreement shall be governed by and construed under the laws of the United States, the State of Washington and the County of Jefferson, as if applied to transactions entered into and to be performed wholly within Jefferson County, Washington between Jefferson County residents. No party shall argue or assert that any state law other than Washington law applies to the governance or construction of this Agreement. 6. Litigation/Jurisdiction/Venue. AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 2 of 5 a. Should either party, bring any legal action, each party in such action shall pay for its own attorney's fees and court costs. b. The venue for any legal action shall be solely in the appropriate state court in Jefferson County, Washingto-i, subject to the venue provisions for actions against counties in RCW 36.01.050. c. If either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this Agreement, each party in such action shall pay for its own attorney's fees and court cost!.. 7. Entire Agreement. This agreement memorializes the entire agreement of the parties and all parts of this Agreement are contained herein. The parties agree that: a. No representation or promise not contained in this Agreement has been made. b. They are not entering into this Agreement based on any inducement, promise or representation, expressed or implied, which is not contained in this Agreement. c. This Agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral, within the scope of this Agreement. 8. Section Headings. The headings of the sections of this Agreement are for convenience of reference only and are -iot intended to restrict, affect, or be of any weight in the interpretation or construction of the sections or this Agreement. 9. Limits of Any Waiver of Default. No consent by either party to, or waiver of, a breach by either party, whether express or implied, shall constitute a consent to, waiver of, or excuse of any other, different, or subsequen- breach by either party. 10. No Oral Waiver. No term or provision of this Agreement will be waived by either party, and no breach excused by either party, unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. Failure of a party to declare any breach or default immediately upon the cccurrence thereof, or delay in taking any action in connection with, shall not waive such breach cr default. 11. Order of Precedence. If there is an inconsistency in this Agreement, or between its terms and Appendix B; the CBA; o- the County's Personnel Administration Manual, the inconsistency shall be resolved by giving pr--cedence in the following order: (a) Appendix B; (b) the CBA; and, (c) the County's Personnel Administration Manual. 12. Severability. Provided it does not result in a material change in the terms, if any provision or the application of this Agreement to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the application this Agreement shall not be affected and shall be enforceable to the fullest extent permitted by law. 13. Modification of this Agreement. This Agreement may be amended or supplemented only by a writing signed by duly authorized representatives of all the parties. AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 3 of 5 14. Signature in Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which counterparts together shall constitute the same instrument whic-i may be sufficiently evidenced by one counterpart. Execution of this Agreement at different times and places by the parties shall not affect the validity of this Agreement, so long as all the parties execute a counterpart of this Agreement. 15. Facsimile and Electron c Signatures. The parties agree that facsimile and electronic signatures shall have the same fore and effect as original signatures. 16. Attachments. Any document in this Agreement identified as an attachment is part of this Agreement and is incorporated by reference into this Agreement. 17. Employee's Acknowledgement of Receipt/Waiver or Right to Independent Legal Advice. By signing below, Employee acknowledges and agrees that Employee has had the opportunity to review this Agreement consult with the Union and/or an attorney, and Employee accepts the terms and conditions :)f this Agreement. The Employee and the Union understand that the Employee has the right tD have this document examined by an Attorney of their choosing and at their expense, and to discuss is terms with their attorney prior to signing it and has chosen to proceed as indicated below: Employee: Initial one of the lines below as applicable: / I fully understand the nature and terms of the binding obligation created pursuant to this contract and have chosen to waive my right to consult with an attorney. /... / I have consulted an attorney regarding this Agreement and received his/her explanation of ks terms as evidence by the attorney's signature below. (If you initial this paragraph, havE your attorney also sign this agreement.) [SIGNATURE PAGE FOLLOWS] AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCEN—IVE — Page 4 of 5 For Employee Employee Signature Date Employee Printed Name On this day personally appeared before me�boylulk— Vn known as the Applicant, and that I know or hzve satisfactory evidence that the above persons are who appeared before me, and said person acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. Given under my hand and of this seal this t> day of DE�Ce Vnb(XC 20, .;. REBECCA M TURNER NOTARY PUBLIC In and for the Notary Public State of Washington C-- )CP 0"Y �2 r-- State of Washington Commission # 21012964 My Comm. Expires Apr 3, 2025 JEFI SON COUNTY: 1 Z Hei Eisenhour Date Chair, Board of County Commissioners ,'^Approved,as to form: December 15, 2022 Philip C. Hunsucker Date Chief Civil Deputy Prosecutor EMPLOYEE: Signature Date Printed Name JCSOUSS EMPLOYEE ASSOCIATION/FOP shley Moo , Association President D to Doug Luse, FOP Labor Specialist AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCEN—IVE — Page 5 of 5 Date AGREEMENT BETWEEN JEFFERSON COUNTY EMPLOYEE AND UNION FOR EMPLOYEE RETENTION INCENTIVE This Agreement Between Jefferson County, Employee and Union for Employee Retention Incentive (this Agreement) is made and ertered into by and between Jefferson County (the County) and 1 r11 (the Employee) and Fraternal Order of Police (FOP)/Jefferso ounty Sheriff's Office Uniformed Support Services (JCSOUSS) (the Union). WHEREAS, the Employee is an employee of the County who works at the Jefferson County Sheriff's Department (the Department); and, WHEREAS, the Union is :he exclusive bargaining representative for the Employee; and, WHEREAS, the Union has agreed to a Memorandum of Agreement by and between the Department and Fraternal Order of Police(FOP)/Jefferson County Sheriffs Office Uniformed Support Services (JCSOUSS) (the CBA, AP3ENDIX A), which is incorporated here by reference; and, WHEREAS, the Department has experienced a prolonged inability to attract and retain qualified uniformed Corrections Officers to staff the County Corrections Facility; and, WHEREAS, the ability to maintain appropriate staff levels in the County Corrections Facility is essential to the safety and security of the employees, the incarcerated people and the citizens of the County; and, WHEREAS, under the to -ms of Agreement the County is offering a retention incentive of $15,000 to current uniformed Corrections Officers to maintain appropriate staff levels; and WHEREAS, under the terms of Agreement the retention incentive requires completion of three years of service to the County or the Employee will be required to pay back the incentive; and, WHEREAS, the Employee understands that the Department will incur substantial expenses in the provision of the incentive payment under the terms of the Agreement; and, WHEREAS, the one-time retention incentive requires a three-year incentive agreement approved by the County Administrator; and, WHEREAS, it is acknowledged by the undersigned that if the undersigned were to leave County employment prior to completion of three years of service, the undersigned will be required to pay back the incentive on a pro -rated bas s in equal monthly installments over a twelve-month period; NOW, THEREFORE, the County, :he Employee and the Union hereby agree: 1. Current Employee Retertion Incentive a. The Department wil pay a Retention Incentive of $15,000 to the Employee. b. The Retention Incentive will be paid in installments as follows: AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 1 of 5 L $7,500 upon sigiing Agreement for January 2023, paid February 5, 2023; ii. $3,750 upon completion of first year; and iii. $3,750 upon completion of second year. 2. Required Reimbursement of Incentive if Employee Separates from County Service Prior to Completion of Three Years of Service: Employee will be requi-ed to pay back the Retention Incentive on a pro -rated basis in equal monthly installments over a 12-month period if Employee separates from County service prior to completion of three -years of service. 3. Deduction from Employee Pay Authorized. a. Repayment Where Employee Resigns from Corrections Officer job. If the Employee resigns from a Corrections Officer job before the completion of the three-year period, but remains employed by the County, then reimbursement of Incentive of all amounts already paid shall be repaid on a pro -rated basis in equal monthly installments over a 12-month period, starting on the first day of tl e next month following resignation. Repayment Where Employee Resigns from County. If the Employee is terminated from employment at the County, either voluntarily or involuntarily, then the remaining shall be repaid on a pro -rated basis in equal monthly installments over a 12-month period, starting on the first day of the rext month following resignation. 4. Discretion for the Department to Waive or Modify the Repayment Provisions of this Agreement, When an Employee Is Being Offered Another Position within the County. The Department Director may waive or modify the reimbursement obligation required by this Agreement at their sole discretion. Any other director of a County department may waive or modify the reimbursement obligation required by this Agreement at their sole discretion when deciding whether to offer the Employee a position outside of the Department, provided that the terms of the employment for the position outside of the Department require the other department to reimburse the Department on the Employee's behalf. 5. Controlling Law. It is understood anc agreed this Agreement is entered into in the State of Washington. This Agreement shall be .,overned by and construed under the laws of the United States, the State of Washington and he County of Jefferson, as if applied to transactions entered into and to be performed wholly within Jefferson County, Washington between Jefferson County residents. b. No party shall argue or assert that any state law other than Washington law applies to the governance or construction of this Agreement. 6. Litigation/Jurisdiction/Venue. AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 2 of 5 a. Should either party bring any legal action, each party in such action shall pay for its own attorney's fees and court costs. b. The venue for any legal action shall be solely in the appropriate state court in Jefferson County, Washington, subject to the venue provisions for actions against counties in RCW 36.01.050. c. If either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under th s Agreement, each party in such action shall pay for its own attorney's fees and court costs. 7. Entire Agreement. This Agreement memorializes the entire agreement of the parties and all parts of this Agreement are contained herein. The parties agree that: a. No representation cr promise not contained in this Agreement has been made. b. They are not enuring into this Agreement based on any inducement, promise or representation, exp•essed or implied, which is not contained in this Agreement. c. This Agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral, within the scope of this Agreement. 8. Section Headings. The headings of the sections of this Agreement are for convenience of reference only and are -iot intended to restrict, affect, or be of any weight in the interpretation or construction of the sections or this Agreement. 9. Limits of Any Waiver of Default. No consent by either party to, or waiver of, a breach by either party, whether express or implied, shall constitute a consent to, waiver of, or excuse of any other, different, or subsequent breach by either party. 10. No Oral Waiver. No term or provision of this Agreement will be waived by either party, and no breach excused by either party, unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. Failure of a party to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach cr default. 11. Order of Precedence. If there is an inconsistency in this Agreement, or between its terms and Appendix B; the CBA; o- the County's Personnel Administration Manual, the inconsistency shall be resolved by giving pr=cedence in the following order: (a) Appendix B; (b) the CBA; and, (c) the County's Personnel Administration Manual. 12. Severability. Provided it does not result in a material change in the terms, if any provision or the application of this Agreement to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the application this Agreement shall not be affected and shall be enforceable to the fullest extent permitted by law. 13. Modification of this Agreement. This Agreement may be amended or supplemented only by a writing signed by duly authorized representatives of all the parties. AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 3 of 5 14. Signature in Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Agreement at different times and places by the parties shall not affect the validity of this Agreement, so long as ail the parties execute a counterpart of this Agreement. 15. Facsimile and Electronic: Signatures. The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 16. Attachments. Any document in this Agreement identified as an attachment is part of this Agreement and is incorporated by reference into this Agreement. 17. Employee's Acknowledgement of Receipt/Waiver or Right to Independent Legal Advice. By signing below, Employee acknowledges and agrees that Employee has had the opportunity to review this Agreement, consult with the Union and/or an attorney, and Employee accepts the terms and conditions of this Agreement. The Employee and the Union understand that the Employee has the right to have this document examined by an Attorney of their choosing and at their expense, and to discuss its terms with their attorney prior to signing it and has chosen to proceed as indicated below: Employee: Initial one of the lines below as applicable: /Q� ully understand the nature and terms of the binding obligation created pursuant to this contract and have chosen to waive my right to consult with an attorney. I have consulted an attorney regarding this Agreement and received his/her explanation of i`s terms as evidence by the attorney's signature below. (If you initial this paragraph, have your attorney also sign this agreement.) [SIGNATURE PAGE FOLLOWS] AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 4 of 5 For Employee i Employee Signa Date Employee Primed Name On this day personally appeared before me � r 1 ►l tm--�Y�—known as the Applicant, and that I know or have satisfactory evidence that the above persons are who appeared before me, and said person acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. Given under my hand and of this seal this REBECCA M TURNER Notary Public State of Washington Commission # 210129t 4 My Comm. Expires Apr 3, 2025 5 day of N TARY PUBLIC in and for the 75t+�e SEXI JEFF SON COUNTY: Heidi Eisenhour Date Chair, Board of County Commissioners Approved as to form: December 15, 2022 t! Philip C. Hunsucker Date Chief Civil Deputy Prosecutor State of Washington, /Cr EMPLOYEE: i i I LL-� �S -a-� Signature Date Printed Name 1CSOUSS EMPLOYEE ASSOCIATION/FOP shley Moo Association President Date Doug Luse, FOP Labor Specialist AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 5 of 5 Date AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE AND UNION FOR EMPLOYEE RETENTION INCENTIVE This Agreement Between Jeffer3on County, Employee and Union for Employee Retention Incentive (this Agreement) is made and entered into by and between Jefferson County (the County) and (the Employee) and Fraternal Order of Police (FOP)/Jefferson County Sheriff's Office Uniformed Support Services (JCSOUSS) (the Union). WHEREAS, the Employe is an employee of the County who works at the Jefferson County Sheriff's Department (the Department); and, WHEREAS, the Union is the exclusive bargaining representative for the Employee; and, WHEREAS, the Union has agreed to a Memorandum of Agreement by and between the Department and Fraternal Order of Police(FOP)/Jefferson County Sheriff's Office Uniformed Support Services (JCSOUSS) (the CBA, APPENDIX A), which is incorporated here by reference; and, WHEREAS, the Department has experienced a prolonged inability to attract and retain qualified uniformed Corrections Officers -o staff the County Corrections Facility; and, WHEREAS, the ability to maintain appropriate staff levels in the County Corrections Facility is essential to the safety and security of the employees, the incarcerated people and the citizens of the County; and, WHEREAS, under the terms of Agreement the County is offering a retention incentive of $15,000 to current uniformed Corrections Officers to maintain appropriate staff levels; and WHEREAS, under the terms of Agreement the retention incentive requires completion of three years of service to the County o- the Employee will be required to pay back the incentive; and, WHEREAS, the Employee understands that the Department will incur substantial expenses in the provision of the incentive payment under the terms of the Agreement; and, WHEREAS, the one-time retention incentive requires a three-year incentive agreement approved by the County Administrator; ard, WHEREAS, it is acknow edged by the undersigned that if the undersigned were to leave County employment prior to completion of three years of service, the undersigned will be required to pay back the incentive on a pro -rated basis in equal monthly installments over a twelve-month period; NOW, THEREFORE, the County, the Employee and the Union hereby agree: 1. Current Employee Retention Incentive a. The Department wi'I pay a Retention Incentive of $15,000 to the Employee. b. The Retention Incentive will be paid in installments as follows: AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCEN-IVE - Page 1 of 5 i. $7,500 upon signing Agreement for January 2023, paid February 5, 2023; ii. $3,750 upon co rpletion of first year; and iii. $3,750 upon co-npletion of second year. 2. Required ReimbursemEnt of Incentive if Employee Separates from County Service Prior to Completion of Three Years of Service: Employee will be required to pay back the Retention Incentive on a pro -rated basis in equal monthly installments over a 12-month period if Employee separates from County service prior to completion of three-yeErs of service. 3. Deduction from Employe Pay Authorized. a. Repayment Where Employee Resigns from Corrections Officer job. If the Employee resigns from a Corrections Officer job before the completion of the three-year period, but remains employed by the County, then reimbursement of Incentive of all amounts already paid shall be repaid on a pro -rated basis in equal monthly installments over a 12-month period, starting on the first day of the next month following resignation. b. Repayment Where Employee Resigns from County. If the Employee is terminated from employment at the County, either voluntarily or involuntarily, then the remaining shall be repaid on a pro -rated basis in equal monthly installments over a 12-month period, starting on the first day of the next month following resignation. 4. Discretion for the Department to Waive or Modify the Repayment Provisions of this Agreement, When an Employee Is Being Offered Another Position within the County. The Department Director may waive or modify the reimbursement obligation required by this Agreement at their sole discretion. Any other director of a County department may waive or modify the reimbursement obligation required by this Agreement at their sole discretion when deciding whether to offer the Employee a position outside of the Department, provided that the terms of the employment for the position outside of the Department require the other department to reimburse the Department on the Employee's behalf. 5. Controlline Law. a. It is understood and agreed this Agreement is entered into in the State of Washington. This Agreement shall be governed by and construed under the laws of the United States, the State of Washington and the County of Jefferson, as if applied to transactions entered into and to be performed wholly within Jefferson County, Washington between Jefferson County residents. b. No party shall argue or assert that any state law other than Washington law applies to the governance or construction of this Agreement. 6. Litigation/Jurisdiction/Venue. AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCEN—IVE — Page 2 of 5 a. Should either party bring any legal action, each party in such action shall pay for its own attorney's fees and court costs. b. The venue for any legal action shall be solely in the appropriate state court in Jefferson County, Washington, subject to the venue provisions for actions against counties in RCW 36.01.050. c. If either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under th s Agreement, each party in such action shall pay for its own attorney's fees and court costs. 7. Entire Agreement. This Agreement memorializes the entire agreement of the parties and all parts of this Agreement are contained herein. The parties agree that: a. No representation or promise not contained in this Agreement has been made. b. They are not enuring into this Agreement based on any inducement, promise or representation, expressed or implied, which is not contained in this Agreement. c. This Agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral, within the scope of this Agreement. 8. Section Headings. The headings of the sections of this Agreement are for convenience of reference only and are -iot intended to restrict, affect, or be of any weight in the interpretation or construction of the sections or this Agreement. 9. Limits of Any Waiver of Default. No consent by either party to, or waiver of, a breach by either party, whether express or implied, shall constitute a consent to, waiver of, or excuse of any other, different, or subsequen- breach by either party. 10. No Oral Waiver. No term or provision of this Agreement will be waived by either party, and no breach excused by either party, unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. Failure of a party to declare any breach or default immediately upon the cccurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. 11. Order of Precedence. 11 there is an inconsistency in this Agreement, or between its terms and Appendix B; the CBA; o- the County's Personnel Administration Manual, the inconsistency shall be resolved by giving precedence in the following order: (a) Appendix B; (b) the CBA; and, (c) the County's Personnel Administration Manual. 12. Severability. Provided it does not result in a material change in the terms, if any provision or the application of this Agreement to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the application this Agreement shall not be affected an shall be enforceable to the fullest extent permitted by law. 13. Modification of this Ag-eement. This Agreement may be amended or supplemented only by a writing signed by duly aithorized representatives of all the parties. AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCEN-IVE - Page 3 of 5 14. Signature in Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Agreement at different times and places by the parties shall not affect the validity of this Agreement, so long as all the parties execute a counterpart of this Agreement. 15. Facsimile and Electrons-- Signatures. The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 16. Attachments. Any document in this Agreement identified as an attachment is part of this Agreement and is incorporated by reference into this Agreement. 17. Employee's Acknowledgement of Receipt/Waiver or Right to Independent Legal Advice By signing below, Employee acknowledges and agrees that Employee has had the opportunity to review this Agreement, consult with the Union and/or an attorney, and Employee accepts the terms and conditions of this Agreement. The Employee and the Union understand that the Employee has the right to have this document examined by an Attorney of their choosing and at their expense, and to discuss s terms with their attorney prior to signing it and has chosen to proceed as indicated below: Employee: Initial one of the lines below as applicable: I fully L nderstand the nature and terms of the binding obligation created pursuant to this contract end have chosen to waive my right to consult with an attorney. I havE consulted an attorney regarding this Agreement and received his/her explanation of its terms as evidence by the attorney's signature below. (If you initial this paragraph, have your attorney also sign this agreement.) [SIGNATURE PAGE FOLLOWS] AGREEMENT BETWEEN JEFFERSON :OUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCEN—VE — Page 4 of 5 For Employee ez—Lz Employee Signature D e mployee Printed Name On this day personally appeared before me I C CCU �11.J&rne C , known as the Applicant, and that I know or halve satisfactory evidence that the above persons are who appeared before me, and said person acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. Given under my hand and of this seal this day of ! G (IV�j�a-4-- 2 REBECCA M TURNER N TARY PUBLIC in and for the��'� Notary Public State of Washington Commission # 21012954 My Comm. Expires Apr 3, 2025 JEFFER N COUNTY: Heidi Eisenhour Date Chair, Board of County Commissioners Approved as to form. December 15, 2022 Philip C. Hunsucker Date Chief Civil Deputy Prosecutor State of Washington EMPLOYEE: Signature Date Printed Name JCSOUSS EMPLOYEE ASSOCIATION/FOP Qshleyy Moor ssociation President Date Doug Luse, FOP Labor Specialist AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCEN-IVE - Page 5 of 5 Date JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners FROM: Mark McCauley, County Administrator Sarah Melancon, HR Director DATE: December 19, 2022 SUBJECT: Memorandum of Agreement for Corrections Officer Retention Incentive between Jefferson County and Employees Erik Allen, Ashley Moore, William Wells STATEMENT OF ISSUE: In response to the continuing shortage of Sheriff s Department Corrections Staff, the Board of County Commissioners (BOCC) adopted a Memorandum of Agreement on Nov. 21, 2022, with Fraternal Order of Police (FOP)/Jefferson County Sheriffs Office Uniformed Support Services (JCSOUSS) to provide a retention incentive for current employees and a hiring incentive for new employees. Three current employees have returned signed and notarized forms to receive the retention incentive: Erik Allen, Ashley Moore and William Wells. ANALYSIS: Jefferson County Corrections Officers staff the County's Corrections Center ensuring the safety and security of employees, incarcerated people and the public. Of a staff of 15 Corrections Officers assigned to the corrections facility, there are six vacancies. Since January, 2022, current Corrections Officers have been required to work overtime to cover vacancies and have worked approximately 2,600 hours of overtime. The inability to attract and retain qualified Corrections Officers has been exacerbated by the COVID-19 pandemic and agencies in neighboring counties who offer retention and hiring incentives. Offering retention and hiring incentives assists Jefferson County to retain current staff and attract new employees. RECOMMENDATION: Approve and sign the Memorandum of Agreements between Jefferson County and three current employees: Erik Allen, Ashley Moore and William Wells. REVIEWED BY: Mark Mc uley, County Administ \ t ate CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PACE) CONTRACT WITH: JCSOUSS/FOP Contract No: HR-FOP 2022 Contract For: Corrections Officer Retention Incentive Term: 2022-2023 COUNTY DEPARTMENT: Human Resources Contact Person: Sarah Melancon - HR Director Contact Phone: X100 Contact email: jshannon@co.jefferson.wa.us AMOUNT: various Revenue: Expenditure: Matching Funds Required: Sources(s) of Matching Funds Fund # Munis Org/Obj PROCESS: Exempt from Bid Process Cooperative Purchase Competitive Sealed Bid Small Works Roster Vendor List Bid RFP or RFQ Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES CO PLV E WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. p - i �5- a,;! CERTIFIED: N/A:lu Si nature Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT EEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: 17E N/A: Sig ature Date STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche): Electronically approved by Risk Management on 12/15/2022. STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche): Electronically approved as to form by PAO on 12/15/2022. Master contract previously approved. Approved 3 agreements with deputies. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL MEMORANDUM OF AGREEMENT By and Between JEFFERSON COUNTY AND FOP/JEFFERSON COUNTY SHERIFF'S OFFICE UNIFORMED SUPPORT SERVICES THIS MEMORANDUM OF AGREEMENT is made by and between Jefferson County, Washington ("County") and the Fraternal Order of Police (FOP)/Jefferson County Sheriff's Office Uniformed Support Services ("JCSOUSS"). WHEREAS, the parties recognize that the work performed by the Corrections officers of the County is of critical importance and essential to the safety of the public and other County staff; and, WHEREAS, the parties agree that there are ongoing hiring and retention challenges for Corrections officers; and, WHEREAS, Jefferson County Sheriff's Corrections has experienced a prolonged inability to attract and retain qualified uniformed Corrections officers to staff the County Corrections Facility; and, WHEREAS, of a staff of 15 employees assigned to the Corrections Facility, there are 6 vacancies among Corrections officers; and, WHEREAS, current Corrections officers are required to work overtime to covervacancies and have worked approximately 2,600 hours of overtime since January, 2022, and, WHEREAS, the parties agree that work by County Corrections officers at current levels of overtime is not sustainable and poses risks to County Corrections officers, inmates and the public; and, WHEREAS, in the best of economic circumstances it is challenging to hire and retain Corrections officers, and, WHEREAS, the inability to attract and retain qualified Corrections officers has been exacerbated by the COVID-19 epidemic, and, WHEREAS, via Public Safety Testing, the County recruits from the same pool of applicants throughout the Puget Sound Region and competes with other agencies in attracting and retaining qualified candidates and staff; and, WHEREAS, throughout the Puget Sound Region Corrections officers are being offered hiring and retention bonuses; and, WHEREAS, the ability to maintain appropriate staff levels in the County Corrections Facility is essential to the safety and security of the employees, the incarcerated people and the citizens of the County; and, WHEREAS, without hiring and retention bonuses, the County will be at a significant competitive disadvantage in hiring and retaining Corrections officers. Page 1 of 4 NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: INCENTIVE PROGRAM The County adopts the incentive program described below. Entry Level Hiring Incentive One-time hiring incentive to entry level applicants of $10,000 and signing a three-year incentive agreement approved by the County Administrator. Paid in installments of $5,000 at hire, $2,500 at successful completion of probation, $2,500 upon completion of second year. If employee separates from County service prior to completion of three years of service, the employee will be required to pay back the incentive on a pro -rated basis in equal monthly installments over a 12 month period. Lateral Level Hiring Incentive One-time hiring incentive for lateral -level applicants of $15,000 and signing a three-year incentive agreement approved by the County Administrator. Paid in installments of $5,000 at hire, $5,000 upon completion of first year and $5,000 upon completion of second year, and signing a three-year agreement approved by the County Administrator. If employee separates from County service prior to completion of three years of service, the employee will be required to pay back the incentive on a pro -rated basis in equal monthly installments over a 12 month period. C. Current Employee Retention Incentive One-time retention incentive for currently employed Corrections Deputies and supervisory staff of $15,000 and signing a three-year incentive agreement approved by the County Administrator. Paid in installments of $7,500 upon agreement for January, 2023 time (paid February 5, 2023), $3,750 upon completion of first year and $3,750 upon completion of second year. If employee separates from County service prior to completion of three years of service, the employee will be required to pay back the incentive on a pro -rated basis in equal monthly installments over a 12 month period. 2. DURATION OF INCENTIVE PROGRAM The incentive program will be re-evaluated every six months to determine the duration of incentive program. The County may in its sole discretion decide to terminate the incentive program six months after adoption of this Agreement. 3. GENERALTERMS a. It is understood and agreed this Agreement is entered into in the State of Washington. This Agreement shall be governed by and construed under the laws of the United States, the State of Washington and the County of Jefferson, as if applied to transactions entered into and to be performed wholly within Jefferson County, Washington between Jefferson County residents. No party shall argue or assert that any state law other than Washington law applies to the governance or construction of this Agreement. Page 2 of 4 b. Should either party bring any legal action, each party in such action shall pay for its own attorney's fees and court costs. The venue for any legal action shall be solely in the appropriate state court in Jefferson County, Washington, subject to the venue provisions for actions against counties in RCW 36.01.050. C. This Agreement memorializes the entire agreement of the parties and all parts of this Agreement are contained herein. The parties agree that: i. No representation or promise not contained in this Agreement has been made. ii. They are not entering into this Agreement based on any inducement, promise or representation, expressed or implied, which is not contained in this Agreement. iii. This Agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral, within the scope of this Agreement. d. The parties agree to use their best efforts to prevent and resolve disputes before they escalate into claims or legal actions. Any disputed issue not resolved under this Agreement shall be submitted in writing within 10 days to the County Risk Manager, whose decision in the matter shall be final, but shall be subject to judicial review. If either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this Agreement, each party in such action shall pay for its own attorney's fees and court costs. Any legal action shall be initiated in the Superior Court of the State of Washington for Jefferson County. The parties agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court under the laws of the State of Washington. The parties consent to the personal jurisdiction of the Superior Court of the State of Washington for Jefferson County. e. The terms of this Agreement are not severable. If any provision of this Agreement or the application of this Agreement to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the application this Agreement shall not be enforceable. f. This Agreement shall be binding upon and inure to the benefit of the parties' successors in interest, heirs and assigns. g. This Agreement may be amended or supplemented only by a writing signed by duly authorized representatives of all the parties. h. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Agreement at different times and places by the parties shall not affect the validity of this Agreement, so long as all the parties execute a counterpart of this Agreement. i. The parties agree this Agreement has been negotiated at arms -length, with the assistance and advice of competent, independent legal counsel. (SIGNATURES FOLLOW ON THE NEXT PAGE) Page 3 of 4 JEFFERSON COUNTY WASHINGTON Board of County Commissioners Jeffers County, Washington t Heidi Eisenhour, Chair Date By, ru 4 4 4, Ce /V21/2z- Kate DeAq. coirmissioner Date By. M kl� t�z'j' tr'eg Brotf;;rton, commissioner Date SEAL: iTTESV' % Caro" Noway Date CWk of the Board AWoved as to farm onty! November 7, 2022 Philip C. Hunsucker, Date Chief Civil Deputy Prosecuting Attorney Page 4 of 4 FRATERNAL ORDER OF POLICE (FOP)/JEFFERSON COUNTY SHERIFFS OFFICE UNIFORMED SUPPORT SERVICES By, Ashley Moore, Astbc I 4tion President Date Li Doug Luse, r Specialist FOP Date 1� IZ I I