HomeMy WebLinkAboutLakie Berteig FOP/JCSOUSS Hiring Incentive - 081224 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
Likixthi R e i4 e 1 Q (the Employee) and Fraternal Order of Police
(FOP)/Jefferson County Sheriffs 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, EMPLOYLE,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 tnis
Agreement and is incorporated by reference into this Agreement.
17. Employee's Acknowledgement of Receiot/waiver or Right to Independent Legal Advice. By
signing below, Employee acknowledges and agrees that Lmployee 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:
/ 1i 9 /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.
/_ J 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 `
Employee Signature Date
"kak. OCr+G;9
Employee Printed Name / ,� �l i
On this day personally appeared before me act*L-/ 13e,f1/4--/r / 0 , known as the
Applicant, and that I know or have satisfactory evidence that the above pers• re who appeared before
me,and said person acknowledged it to be their free and voluntary act for the u -s and purposes mentioned
in the instrument.
11
Given under my hand and of this seal this Le day of if 20
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`,N•N..\\\1titii �♦ . I�jI t.-�
. 1 ttQUSE1.1/4. NOTARY' C in*d for the
47-isskoN .14,F,p' State of\ hington
1 0 +0TAt, As 13 i
5 5 2303a638°"
N-A' 4
'. 4M.` =r
JEFFERSON COUNTY: /#,,,F'� lWASN;,(,``4 EMPLOYEE:
Kate can Date Signature Date
Chair, Board of County Commissioners LOA� 'r C 0'0)
Printed Name
Approved as to form;
QC C‘j‘-*--- August 8, 2024
Philip C. Hunsucker Date
Chief Civil Deputy Prosecutor
i
AGREEMENT BETWEEN JEFFERSON COUNTY,EMPLOYEE, AND UNION
FOR ENTRY LEVEL HIRING INCENTIVE-Page 5 of 5
1
.
MEMORANDUM OF AGREEMENT
• By and Between
If t ERSON COUNTY AND FOP/JEFFERSON COUNTY SHERIcF'S OFFICE UNIFORMFD SUPPORT SERViCFS
THIS MEMORANDUM OF AGREEMENT is-lade by and between Jefferson County, Washington("County";
and the Fraternal Order of Police ',FOD)/Jefferson County Sheriffs Office Uniformed Support Service<
("JCSOUSS").
WHEREAS, the parties recognize that the work performed by the Corrections officers of the County is yr
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, J
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 req.,;red to work overtime to cover vacancies and have wor'ted
approximately 2,600 hours of overtime since January. 2022, and,
WHEREAS, the parties agree that work by County Corrections officers at current levels of overtme is net
sustainable and poses risks to County Corrections officers, inmates and the public; and,
WHEREAS, in the best of economic circumstances it >s challenging to hire and retain Corrections officers,
and,
WHEREAS, toe inabilty to attract and retain qualifies Corrections officers has beer exacerbated by the
COVID-19 epidemic, and.
WHEREAS.v,a Public Safety Testing, the County recruits from the same pool of applicants thro:ighcut the
Puget Sound Region and competes with other agencies in attracting and reta.ning qualified candidates
and staff;and,
WHE REAS, throughout the Puget Sound Region Corrections officers are being offered hiring and retentior
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. anc,
WHEREAS, without hiring and retention bonuses, the County will be at a significant competitive
disadvantage !n hiring and retaining Corrections officers
Page 1of4
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 55,000 at hire. S2.500 at
successful completion of probation,52,500 upon completion of second year. If employee separates from
County service prior to completion of three years of service, the employee will oe required tc 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 latera level applicants of$15,000 and signing a three-yea•incentive
agreement approved by the County Admin strator
Paid in installments of $5,000 at sire. $5,000 :.pon completion of first year and $5,000 upon
completion cf second year,and signing a three-year agreement approved by the Co•.:ntyAdministrator If
employee separates from County service prior to completion of three years of service.the err p,cyee win
be required to pay back the rcentive on a pro-rated basis in equal monthly installments over a 17 rrcntth
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 it equal monthly instaliment5 over a 12 month period.
2. DURATION OF INCENTIVE PROGRAM
The incentive program will be re evaluated every six months to determine the duration cf incentive
program The County may in its sole discretion decide to terminate the incentive program sr, months
after adoption of t^is 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, Wash ngton between Jefferson County residents. No party shall argue or
assert that any state law other than Washington- law applies to the governance or construction cf this
Agreement.
Page 2of4
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 verue for any legal action shall be soely 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 it this Agreement
iii. This Agreement supersedes all prior or simultaneous representations, discussions,
negotiations, and agreements, whether written or oral, within the scope of tnis
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 -esolved under t- s Agreement shall be
submitted in writing within iC days to the County Risk 'Manager. whose decision in the matter shay be
final, but shall be subject to judicial review I'etner party deem it necessary to institute iega. action or
proceeding to enforce any right or obhgat on under this Agreement. each party :n such action snail pay
for its own attorney's fees and court costs. Any legal action shall be in tiated in the Superior Court of the
State of Washington for Jeffersor County The parties agree that all quest,ons shall be resolved by
application of Wasnington law and that the parties have the right of appea! f•orn such decisions of the
Superior Court ender the laws of the State of Washington.The parties consent to the personal j•_:risdict;on
of tie Superior Court o'the State of Washington for Jeffe•san County
e. Tne terms of th,s Agreement are not severable. If any provis on of this Agreement or the
application of this Agreement to any person or circumstance shall be inval d, illegal,or unenforceable to
any extent,the remainder of this Agreement and the application this Agreement shad not be enforceab;e.
f. This Agreement shall be binding upon and inure to the benefit of the parties' successors
in interest, heirs and assigns.
g. Th's Agreement may be amended or supplemented on'y by a writing signed by duly
authorized representatives of ali the parties.
h. This Agreement may be executed in one or more counterparts, each of which shall be
deemed an origina', 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 al' 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!
'agF 3 of 4
;EFfERSON •.t'ASo,rir,r7►: :R,t?ERtiAi(Apt C?OUCF
;09i/JEfFERSON COUNT+SHEair S^.FcICF
JNIFORMEG SERVM-F/
Ncvernber 7. 2022
•
1 iv.a:ia
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)1Jefferson 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:
• T sa�
Mark McCaul , County Administrator
T�a�
CONTRACT REVIEW FORM Crearccrm
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Lakai Berteig Contract No: LB-FOP!JCSOUSS
Contract For: FOPIJCSOUSS Hiring Incentive Term: Date 1st payment to last payment
COUNTY DEPARTMENT: Human Resources
Contact Person: Saran Melarcon _
Contact Phone: 360-385 9140
Contact email: humanresources@cc.jeHerson wa us
AMOUNT: 510.000.00 PROCESS: Exempt from Bid Process
Revenue: Cooperative Purchase
Expenditure: S1o.000.00c Competitive Sealed Hid
Matching Funds Required: _ Small Works Roster
Sources(s)of Matching Funds _, Vendor List Bid
Fund # „_ RFP or RFQ
Munis OrglObj ✓ Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMPAL1 NCE IT .1 5.080 AND CHAPTER 42.23 RCW.
CERTIFIED: p■ N/A:Ei 4 ir .c.1�
Signature
Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT IWF:N DEB RRED B ANY FEDERAL, STATE, OR LOCAL
AGENCY.
El . _ 9�G -
CERTIFIED: Nra:
i nature Date
STEP 3: RISK MANAGEMENT REVIEW (will be added ironically through Laserfiche):
Electronically approved by Risk Management on 8/7 7024.
Standard incentive agreement.
STEP 4: PROSECUTING ATTORNEY REVIEW(will he 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
PROSECUTINC; ATTORNF:Y(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL