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HomeMy WebLinkAboutFOP/JCSOUSS LB JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners FROM: Mark McCauley, County Administrator Sarah Melancon, Human Resources Director DATE: August 12, 2024 SUBJECT: Memorandum of Agreement for Corrections Officer Hiring Incentive between Jefferson County and New Employee Lakai Berteig 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 Sheriff's Office Uniformed Support Services (JCSOUSS)to provide a retention incentive for current employees and a hiring incentive for new employees. The employee below has returned signed and notarized agreements to receive the new entry level hiring incentive: Lakai Berteig 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 five 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 new entry level employee Lakai Berteig. REVIEWED BY: Mark McCaul , County Administrator a CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Lakai Berteig Contract No: LB-FOP/JCSOUSS Contract For: FOP/JCSOUSS Hiring Incentive berm: Date 1st payment to last payment COUNTY DEPARTMENT: Human Resources Contact Person: Sarah Melancon Contact Phone: 360-385-9140 Contact email: humanresources@co.jefferson.wa us AMOUNT: $10,000.00 PROCESS: Exempt from Bid Process Revenue: Cooperative Purchase Expenditure: sio,000.000 Competitive Sealed Bid Matching Funds Required: _ Small Works Roster Sources(s)of Matching Funds _Vendor List Bid Fund# ,__ RFP or RFQ Munis Org/Obj I Other: APPROVAL STEPS: STEP 1:DEPARTMENT CERTIFIES COMP NCE IT J 5.080 AND CHAPTER 42.23 RCW. CERTIFIED: N/A:© G.1 Signature Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT EEN DEB ED B ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: N/A: El 8'G nature Date STEP 3: RISK MANAGEMENT REVIEW(will be added tronically through Laserfiche): Electronically approved by Risk Management on 8/7/2024. Standard incentive agreement. iI STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 8/8/2024. Standard language 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 1 AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE AND UNION FOR NEW EMPLOYEE ENTRY LEVEL HIRING INCENTIVE This Agreement Between Jefferson County, Employee and Union for New Employee Entry Level Hiring Incentive (this Agreement) is made and entered into by and between Jefferson County (the County) and aJl!9�` P e o e 19 (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 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 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 terms of Agreement the County is offering an entry level incentive of $10,000 to new hire, entry level uniformed Corrections Officers to maintain appropriate staff levels; and WHEREAS, under the terms of Agreement the entry level 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, entry level 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 basis in equal monthly installments over a twelve-month period; NOW,THEREFORE,the County, the Employee and the Union hereby agree: 1. Entry Level Hiring Incentive a. The Department will pay an Entry Level Incentive of$10,000 to the Employee. b. The Entry Level Incentive will be paid in installments as follows: AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE,AND UNION FOR ENTRY LEVEL HIRING INCENTIVE—Page 1 of 5 i. $5,000 at hire upon signing Agreement; ii. $2,500 upon successful completion of probation; and iii. $2,500 upon completion of second year. 2. Required Reimbursement of Entry Level Incentive if Employee Separates from County Service Prior to Completion of Three Years of Service: Employee will be required to pay back the Entry Level 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 Entry Level 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. 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. 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 ENTRY LEVEL HIRING 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 this 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 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 not 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 or default. 11. Order of Precedence. If there is an inconsistency in this Agreement, or between its terms and Appendix B; the CBA; or 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 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 ENTRY LEVEL HIRING 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 all 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: • / L /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 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 COUNTY, EMPLOYEE,AND UNION FOR ENTRY LEVEL HIRING INCENTIVE—Page 4 of 5 For Employee ram- _ /2-t4 Employee Signature Date tikkak* Pe Employee Printed Name / +/ On this day personally appeared before me c1CCx../ ,/.- - I known as the Applicant, and that I know or have satisfactory evidence that the above pers s re who appeared before me,and said person acknowledged it to be their free and voluntary act for the u es and purposes mentioned in the instrument. Given under my hand and of this seal this day of 7t tL 20 47— NOVSF 'fit NOTARY 'rindforthe Stateof gton :71 � ?O1A�i4T/ 1 S 23036638°°: JEFFERSON COUNTY: ��/��/1ccOFASNCj`�= EMPLOYEE: 11, Kate Dean Date Signature Date Chair, Board of County Commissioners Printed Name ff Approved as to form: V C 44-ajjk--- August 8, 2024 Philip C. Hunsucker Date Chief Civil Deputy Prosecutor AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE,AND UNION FOR ENTRY LEVEL HIRING INCENTIVE—Page 5 of 5 P . . 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 Sheriffs 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 Sheriffs 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 cover vacancies 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: 1. INCENTIVE PROGRAM The County adopts the incentive program described below. a. 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. b. 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. GENERAL TERMS 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 L_ 0. • J 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. 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 FRATERNAL ORDER OF POLICE (FOPI/JEFFERSON COUNTY SHERIFF'S OFFICE UNIFORMED SUPPORT SERVICES iPleriOn q.0../n*:Y 'Al 4Shi't t Or; / VC — ( ,.__ \ -, k.1''' -----"' ' ?i 7 C e__ ----.. 3y • .,-- 1 Heidi EisernoJ, CI"4,` °ate a SM'ey'A oor, A;st)r itor Pr6.-,.nerit — 0(a!e Dean,Co "-f•sstoner -5/- ''--- ____f_____, ,' c- ' /2 / Da'p (- • - '- .--4-- -4- - rlt r-tor Cc,-nrnis3i,ore'• r`ati• 5FAL '7?'/Z._Z_ . 1 Carc; r G41,-)sw3,. e Boar: 4PD'Ove,1 A' to fry-7,-, -,-,r,, November 7, 2022 °I-nlip(.. C-iet C,nI Decn....I.Pro .,-,J. -g Attorne Page 4 of 4 L