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HomeMy WebLinkAbout4645 Resolution - Pasco Police Commanding Officers Association 2025-2027 CBA Resolution – 2025-2027 PCOA –Employees CBA - 1 RESOLUTION NO. 4645 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, APPROVING THE 2025-2027 COLLECTIVE BARGAINING AGREEMENT WITH THE PASCO POLICE COMMANDING OFFICERS ASSOCIATION (PCOA). WHEREAS, the City of Pasco Council has an approved Collective Bargaining Agreement with the Pasco Police Commanding Officers Association (POA), which includes employees consisting of Police Lieutenants and Captains; and WHEREAS, the current PCOA Collective Bargaining Agreement was executed November 8, 2023 and is effective from November 6, 2023 through December 31, 2024; and WHEREAS, the negotiations commenced on September 4, 2024, with this 6-member bargaining unit and after a few language modifications and economics were negotiated, which provide greater clarity for management and the bargaining unit members, the parties reached a tentative agreement on July 31, 2025; and WHEREAS, on August 25, 2025, the PCOA representative notified the City that the membership voted to ratify the tentative 2025-2027 Collective Bargaining Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council approves the Collective Bargaining Agreement with the Pasco Police Commanding Officers Association (PCOA), commencing on January 1, 2025, through December 31, 2027. Be it Further Resolved the City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to execute the 2025-2027 Collective Bargaining Agreement with the PCOA, a copy of which is attached hereto, and incorporated herein by this reference as Exhibit A, on behalf of the City of Pasco. Be It Further Resolved that this Resolution shall take effect and be in full force immediately upon passage by the City Council. Resolution – 2025-2027 PCOA –Employees CBA - 2 PASSED by the City Council of the City of Pasco, Washington, on this 2nd day of September, 2025. David Milne Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, MMC Kerr Ferguson Law, PLLC City Clerk City Attorney 2025 – 2027 Collective Bargaining Agreement between City of Pasco and the Pasco Police Commanding Officers Association - Page 1 January 1, 2025 – December 31, 2027 COLLECTIVE BARGAINING AGREEMENT Between CITY OF PASCO and PASCO POLICE COMMANDING OFFICER’S ASSOCIATION Exhibit A 2025 – 2027 Collective Bargaining Agreement between City of Pasco and the Pasco Police Commanding Officers Association - Page 2 Table of Contents ARTICLE 1 – Recognition ........................................................................................................................... 3 ARTICLE 2 - Term and Scope of Agreement .............................................................................................. 3 Section 2.1 Term....................................................................................................................................... 3 Section 2.2 Scope. .................................................................................................................................... 3 Section 2.3 Entire Agreement. .................................................................................................................. 3 ARTICLE 3 – Management Rights .............................................................................................................. 4 ARTICLE 4 - Performance of Duty .............................................................................................................. 5 ARTICLE 5 - Grievance Procedure .............................................................................................................. 5 Section 5.1 Procedure Steps. .................................................................................................................... 5 Section 5.2 Special Provisions. ................................................................................................................. 6 ARTICLE 6 – Wages .................................................................................................................................... 7 Section 6.1. Police Lieutenant Wages. ..................................................................................................... 7 Section 6.2 Police Captain Wages. ........................................................................................................... 7 Section 6.3 FLSA Designation. ................................................................................................................ 7 Section 6.5 Deferred Compensation. ........................................................................................................ 8 ARTICLE 7 – Substance-Free Workplace Policy ........................................................................................ 8 ARTICLE 8 – Clothing And Uniforms ......................................................................................................... 8 ARTICLE 9 – Health & Other Benefits ........................................................................................................ 8 Section 9.1. Health Benefits ..................................................................................................................... 8 Section 9.2 LEOFF II Membership .......................................................................................................... 8 Section 9.3 Medical Trust ......................................................................................................................... 8 Section 9.4 Re-Opener Provisions. ........................................................................................................... 9 Section 9.5 Notice of Retirement Incentive. ............................................................................................. 9 Section 9.6 Vacation and All Other Benefits .......................................................................................... 10 ARTICLE 10 – Reporting Employee Information...................................................................................... 10 ARTICLE 11 – Tuition Reimbursement ..................................................................................................... 11 ARTICLE 12 - Savings Clause ................................................................................................................... 11 ARTICLE 13 - Prevailing Rights................................................................................................................ 12 2025 – 2027 Collective Bargaining Agreement between City of Pasco and the Pasco Police Commanding Officers Association - Page 3 2025 – 2027 COLLECTIVE BARGAINING AGREEMENT between CITY OF PASCO and PASCO POLICE COMMANDING OFFICERS ASSOCIATION This Agreement is made and entered into by and between the City of Pasco, Washington, hereinafter referred to as the “Employer,” or the “City” and the Pasco Police Commanding Officers Association, hereinafter referred to as the “Association.” The parties agree to midterm bargaining over modifications to Department Policy and CBA language specific to non-economics and Washington State law changes related to Police Reform only. WITNESSETH: It is recognized that continued harmonious relations are essential between the Employer and the Association. It is the intent of the City and the Association to maintain the past excellent relationship and meet any differences that may arise in a rational, common sense manner. ARTICLE 1 – Recognition The Employer recognizes that the Association is the exclusive bargaining representative for all the employees of the Pasco Police Department in the civil service classifications of Lieutenant and Captain. “Employee(s)” as used herein means and is limited to police department employees employed in the civil service classifications of Lieutenant and Captain. Employees are in the classified civil service unless otherwise exempted in accordance with RCW 41.12.050. ARTICLE 2 - Term and Scope of Agreement Section 2.1 Term. All provisions to take effect upon signing with the exception of economic issues and those issues with specific implementation dates. Section 2.2 Scope. The Agreement expressed herein in writing constitutes the entire Agreement between the parties and no oral statement shall add to or supersede any of its provisions during contract years 2025- 2027, the term of this Agreement. Provided, however, if the parties hereto have commenced negotiations for a new contract in accordance with statutory requirements and such negotiations are continuing at the termination date written above, the provisions of this contract shall remain in full force and effect until the parties reach impasse in their negotiations or the effective date of a new contract, whichever first occurs. Nothing herein shall be construed to interfere with any person’s ability to exercise their rights under Chapter 41.56 RCW, including representation issues. Section 2.3 Entire Agreement. The parties acknowledge that each has had the right and opportunity to make proposals with respect to any matter being the proper subject for collective bargaining. The results of the exercise of that right are set forth in this Agreement. Therefore, except as otherwise provided in this Agreement, each voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain with respect to any subject or matter not specifically referred to or covered by this Agreement. 2025 – 2027 Collective Bargaining Agreement between City of Pasco and the Pasco Police Commanding Officers Association - Page 4 ARTICLE 3 – Management Rights The Association recognizes the exclusive right and prerogative of the Employer to make and implement decisions with respect to the operation and management of the Police Department, and the Employer maintains the right to exercise traditional managerial prerogatives. Provided, however, that the exercise of any or all of these rights shall not conflict with any provision of this Agreement. Such rights and prerogative include, but are not limited to, the following: 1. The establishment of the qualifications for employment and to employ employees. 2. To establish the make-up of the Police Department’s work force and to make changes from time to time, including the number and kinds of classifications, and direct the work force towards the organizational goals established by the city. 3. Determination of the Police Department’s mission, policies, and all standards of service offered to the public. 4. To plan, direct, schedule, control and determine the operations and services to be conducted by the employees of the Police Department in the city. 5. Determining the means, methods and number of personnel needed to carry out the department’s operations and services. 6. The reasonable approval and scheduling of all vacations and other employee leaves. 7. The hiring and assignment or transfer of employees within the department or to other police - related functions. 8. The layoff of any employees from duty due to insufficient funds or change in the department’s mission, standards of service or other budgetary priorities set by the City Council. 9. The introduction and use of new or improved methods, equipment or facilities. 10. The assignment of work to and the scheduling of employees. 11. The taking of whatever action is necessary to carry out the mission of the City or Police Department in emergency circumstances and situations. 12. The determination of the department budget and staffing of the Police Department. 13. The right to: suspend, demote, discharge, or take other disciplinary action against employees on reasonable grounds so long as it is not arbitrary or capricious. 2025 – 2027 Collective Bargaining Agreement between City of Pasco and the Pasco Police Commanding Officers Association - Page 5 ARTICLE 4 - Performance of Duty Neither the Association, its officers, or agents, nor any of the employees covered by the Agreement will engage in, encourage, sanction, support or suggest any strikes, slowdowns, blu-flu, speed-ups, mass resignations, mass absenteeism, the willful absence from one’s positions, the stoppage of work or the abstinence in whole or in part of the full, faithful, and proper performance of the duties of employment for the purpose of inducing, influencing, or coercing a change in the conditions of compensation or the rights, privileges or obligations of employment. In the event that any employee violates this Article, the Association shall, upon becoming aware of the situation, immediately notify any such employees in writing to cease and desist from such action and shall instruct them immediately to return to their normal duties. Any and all employees who violate any of the provisions of this Article may be discharged or otherwise disciplined. ARTICLE 5 - Grievance Procedure A grievance shall be defined as a dispute or disagreement raised by an employee or group of employees against the Employer involving the interpretation or application of the specific provisions of this Agreement. Should a grievance arise, there shall be no work stoppage or slowdown by employees, but an earnest effort shall be made to settle such grievances promptly, at the lowest level, and in the manner hereinafter outlined. Prior to initiating a written grievance, an employee should attempt to resolve the matter with their supervisor, or in their absence, with the next management official in the chain of command. Section 5.1 Procedure Steps. Grievances, as herein defined, shall otherwise be processed in the following manner: Step 1: Written Grievance to Deputy Police Chief. As soon as possible, but in no case later than thirty (30) calendar days after the grievant knows or should have known of the event giving rise to the complaint, the grievant shall first submit in writing on a standardized form (Appendix A) their grievance to the Deputy Police Chief or designee noting the underlying facts, provisions(s) of the Collective Bargaining Agreement alleged to be violated and the relief sought. The Deputy Police Chief or designee shall meet with the grievant and then respond to the grievant in writing of their decision within fourteen (14) calendar days following receipt of the written grievance. Step 2. Written Grievance to Chief of Police. If the Deputy Police Chief or designee does not resolve the matter to the satisfaction of the grievant, the grievant may within fourteen (14) calendar days after the receipt of written response from the Deputy Police Chief or designee, submit the grievance in writing to the Chief of Police or designee. The writing shall include the original grievance filed with the Deputy Police Chief or designee, their response, and the objections to the Deputy Police Chief’s response. The Chief of Police or designee shall meet with the grievant and then respond to the grievant in writing of their decision within fourteen (14) calendar days following receipt of the written grievance. Step 3. Grievance Appealed to City Manager or designee. If the grievance is not settled, the employee may notify the City Manager or designee and Human Resources in writing, by providing all of the previous written filings and responses and their objections to the Police Chief or designee’s response within fourteen (14) calendar days from the date of receipt of the Police Chief or designee’s written response. The City Manager or designee shall review the facts, hold a hearing on the dispute where the parties may provide evidence and testimony, and issue a final decision in writing within thirty (30) calendar days of receipt of the grievance appealed with the City Manager or designee. 2025 – 2027 Collective Bargaining Agreement between City of Pasco and the Pasco Police Commanding Officers Association - Page 6 Step 4. Grievance Appealed to Arbitration. Only a party to this Agreement may refer unsettled grievances that concern provisions of this Agreement to arbitration according to the following steps: a) The Association shall submit a written request for arbitration to the City Manager and Human Resources within thirty (30) calendar days following the date of the reply made in step 3. Said appeal shall identify the previously filed grievance and set forth the issue(s) that the party seeks to have arbitrated. b) Arbitrator Selection. (a) For non-disciplinary matters, an arbitrator shall be selected by mutual agreement of the parties. In the event the parties cannot agree on the selection of an arbitrator within fourteen (14) calendar days, the Association shall request from FMCS a list of seven (7) arbitrators located in Washington, Oregon, and Idaho. Selection shall be made by alternatively striking names from the list with the party striking first determined by coin toss. (b) For disciplinary matters, an arbitrator shall be selected through the Law Enforcement Arbitrator Roster maintained by the Washington Public Employment Relations Commission (PERC). The Association shall submit a written request to PERC and the PERC Executive Director shall appoint an arbitrator consistent with RCW 41.58.070. c) The arbitrator shall be limited to determining whether a party has violated, erroneously interpreted, or failed to apply properly the terms and conditions of this Agreement and the appropriate remedy. The arbitrator shall have no power to change, delete from, add to, or alter the terms of this Agreement. d) The parties agree that the decision of the arbitrator shall be final and binding and implemented within thirty (30) calendar days following the rendering of the decision. e) The cost of arbitration shall be paid equally by both parties, including the arbitrator’s fee and expenses. Room rental, if any, and the cost of an agreed upon court reporter’s time shall be evenly shared. Each party shall pay its own cost of any copy of the written record that party orders from the reporter. f) Each party shall bear the cost of the preparation and representation of its own case. g) Prior to the submission of a grievance beyond Step 3 to arbitration, either the Association shall elect the grievance procedure, or the employee shall select the City of Pasco Civil Service Commission as the forum of choice. Selection of arbitration constitutes a waiver of right to appeal to Civil Service and the selection of Civil Service constitutes a waiver of the right to arbitration. Section 5.2 Special Provisions. a) The term “employee” or “grievant” as used in this article shall mean an individual employee, group of employees, or the Association. 2025 – 2027 Collective Bargaining Agreement between City of Pasco and the Pasco Police Commanding Officers Association - Page 7 b) An Association representative and/or aggrieved party shall be granted time off without loss of pay for the purpose of processing a grievance from Step 3 forward. Any investigation undertaken by the Association upon the work site shall be conducted so as not to disturb the work of uninvolved employees and only after advance notice to the Chief of Police. There shall be no interruption of work while grievances are being resolved. c) A grievance may be entertained or advanced to any step in the grievance procedure if the parties so jointly agree. d) The time limits as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration of such extension of time must be signed by both parties. e) Any grievance shall be considered settled at the completion of any step if all parties are satisfied or if neither party presents the matter to a higher authority within the prescribed period of time. f) Failure by a grievant or the Association to act within the time limits specified in any step, shall constitute a waiver and forfeiture of the moving party’s right to further consideration of the grievance, except when the failure is due to a cause over which the grievant or Association had no cause in initiating or control. Failure, absent good cause, to meet with the Chief of Police or City Manager at their request on a grievance appeal to their office (Step 2 or 3) shall be deemed a waiver of the grievance and waiver of the rights of the grievant to further appeal. ARTICLE 6 – Wages Wages for Lieutenants and Captains are to be established as follows: Section 6.1. Police Lieutenant Wages. Effective the first full pay period of January 2025 and for the life of this contract, the base wage for the position of Police Lieutenant shall be twenty-eight percent (28%) above the top base step of the Police Sergeant in the Pasco Police Officers Association (PPOA) collective bargaining agreement. Section 6.2 Police Captain Wages. Effective the first full pay period in January 2025 and for the life of this contract, the base wage for the position of Police Captain shall be five percent (5%) above the base wage of the Police Lieutenant position. Section 6.3 FLSA Designation. Under the Fair Labor Standards Act (FLSA) the positions represented in this bargaining unit are classified as exempt, meaning not overtime eligible. 2025 – 2027 Collective Bargaining Agreement between City of Pasco and the Pasco Police Commanding Officers Association - Page 8 Section 6.5 Deferred Compensation. Effective the first full pay period of January 2025, each bargaining unit member shall be paid a deferred compensation contribution as provided below: Five percent (5%) for the years 2025, 2026, 2027. ARTICLE 7 – Substance-Free Workplace Policy The Substance-Free Workplace Policy set forth in the City of Pasco Administrative Order currently number 280 originated October 13, 2018, is incorporated herein by this reference. ARTICLE 8 – Clothing And Uniforms Provided in accordance with department budget allotment, to include uniforms, footwear, and equipment, as approved by Police Chief. ARTICLE 9 – Health & Other Benefits Section 9.1. Health Benefits Medical/Rx, dental, and vision benefits, and associated premiums charged to the employee, shall be provided to employees as in effect for the Pasco Police Officer’s Association. Section 9.2 LEOFF II Membership Employees shall be included in the Law Enforcement Officers and Firefighters (LEOFF) retirement plan as outlined by the Department of Retirement Systems, and associated contributions for the employer and employee shall apply. Section 9.3 Medical Trust Upon City Council ratification of this agreement, employees shall contribute two hundred ($200) dollars per month on a pre-tax basis to the Washington Fraternal Order of Police (FOP) Medical Trust. The City shall remit payment to the FOP on behalf of the employee. The $200 monthly contribution will be deducted from the employee’s paycheck in two equal installments of $100, taken from the first and second paychecks of each month. Should the membership determine to increase the monthly amount during the term of this agreement, they shall provide the Finance Department thirty (30) days’ notice of their decision. The City will implement the new amount at the time of the next payroll cycle following the 30-day notification. The City shall contribute one hundred and twenty-five ($125) dollars per month on a pre-tax basis to the Washington Fraternal Order of Police (FOP) Medical Trust. The City shall remit payment to the FOP on behalf of the employee. These contributions shall be included as salary for the purpose of calculating retirement benefits. 2025 – 2027 Collective Bargaining Agreement between City of Pasco and the Pasco Police Commanding Officers Association - Page 9 The Union and the employees agree to hold the City harmless and indemnify the City from any and all liability, claims, demands, law suits, and/or losses, damage, or injury to persons or property, of whatsoever kind, arising from and in any way related to the implementation and administration of the Trust Fund. The Union and employees shall be one hundred percent (100%) liable for any and all liabilities inclusive of any federal, state, or local agency determination regarding any liabilities that arise out of the Trust Fund. The Union and employees shall be liable for any and all tax penalties, as well as any other liabilities arising out of the implementation and administration of the FOP trust. Under no circumstances whatsoever will the City be liable for direct pay of any FOP benefit to the employees and/or retired employees and/or their beneficiaries Section 9.4 Re-Opener Provisions. The City reserves the right to re-open Article 9, by providing at least fourteen (14) calendar days’ written notice to the Association prior to re-opening negotiations if any of the following event(s) occur: 1. Federal Excise Tax Re-Opener: If the City determines that any of this Article’s insurance plans or the Medical Trust offered, triggers a federal excise tax under the ACA, the City may, at its discretion, re-open bargaining for the affected plan(s). 2. Significant Changes Re-Opener: If the City determines there are significant changes that will affect the availability, cost, or scope of medical, dental, vision, or life insurance and wellness benefits, such changes may include, but are not limited to: a) Changes in federal or state legislation or regulations requiring action by the City within the term of this agreement. b) Significant alterations in insurance market conditions. c) Substantial changes in the cost of existing insurance plans due to shifts in insurance market conditions. For the purpose of this agreement, substantial would mean a change from the composite rate currently used or increases in employee share of the premium greater than what is outlined in the Pasco Police Officers Association (PPOA) Collective Bargaining Agreement. d) Necessary redesign of coverage/premium structure. Section 9.5 Notice of Retirement Incentive. An employee who retires from law enforcement with the City under the Law Enforcement Officers’ and Fire Fighters’ (LEOFF) Retirement System, as defined by the Washington State Department of Retirement Systems (DRS) or have served as described in 9.5.2 below, shall be eligible for a sick leave 2025 – 2027 Collective Bargaining Agreement between City of Pasco and the Pasco Police Commanding Officers Association - Page 10 cashout incentive of fifty percent (50%) of their accrued but unused sick leave at the time of separation. This incentive may be paid out in the employee’s final paycheck or contributed to the employee’s VEBA account, consistent with City policy and IRS regulations. To be eligible for this incentive, the employee must: 1. Provide the Department with at least three (3) months’ advance written notice of their intent to retire from the City; and 2. Provide confirmation of approval from DRS to Human Resources of their application for LEOFF retirement; or have served twenty-five (25) years of service in the LEOFF retirement system with the City of Pasco. Eligible employees shall receive payment for fifty percent (50%) of their accrued and unused sick leave at their current base rate of pay. Payment will be made in accordance with the City’s standard payroll procedures following the employee’s effective retirement date. All other provisions of the City’s sick leave policy shall continue to apply unless expressly modified by this Agreement. Section 9.6 Vacation and All Other Benefits Vacation benefits shall be afforded in accordance with the City’s vacation leave policy, except employees may convert up to 60 hours of accrued vacation in December of each year, provided any such employee requesting conversion has maintained satisfactory work performance and has taken at least 10 days of vacation leave during the calendar year. All other benefits and accrual rates aside from those referenced in this agreement shall be provided in accordance with benefits in effect for the City’s management benefits group. ARTICLE 10 – Reporting Employee Information The City agrees to provide the information listed below for members in the bargaining unit upon request from the union. • the employee's name and date of hire; • the employee's contact information, including: (i) cellular, home, and work telephone numbers; (ii) work and the most up-to-date personal email addresses; and (iii) home address or personal mailing address; and • employment information, including the employee's job title, salary or rate of pay, and work site location or duty station. The information will be provided within 21 days of receipt of the request for information from the union to the City’s Human Resources department. The union agrees to not pursue legal recourse against the City for not providing the information in accordance with the parameters and time limits set forth in SHB 1200. 2025 – 2027 Collective Bargaining Agreement between City of Pasco and the Pasco Police Commanding Officers Association - Page 11 ARTICLE 11 – Tuition Reimbursement The City and the Association recognize the benefits brought to the law enforcement profession by a formally educated workforce. To encourage educational advancement, the City agrees to reimburse employees covered by this Agreement for tuition and required expenses (including books and lab fees) for college- level coursework completed as part of a continuing education program. Courses must be taken through a state or regionally accredited educational or training institution and must be related to law enforcement, criminal justice, public administration, or another police-related field of study. All courses are subject to approval by the City after considering input from the Association. Approved courses may be delivered in- person or online. This benefit applies up to the completion of a bachelor's degree. Reimbursement for master's or higher- level coursework may be considered in accordance with the City’s Education Assistance Policy, subject to available funding and prior approval. The number of applicants eligible for tuition reimbursement at any given time shall be based on available Department/City funds budgeted for such purposes. Should funds become limited, applicants for education assistance will be selected based on the operational needs of the City. Reimbursement for approved coursework is subject to the following limits: 1. Public In-State Institutions (Washington): Reimbursement shall not exceed the actual in-state tuition rate charged by the institution for resident students, whether courses are taken in person or online. 2. Private or Out-of-State Institutions: Reimbursement shall not exceed the in-state residential tuition rate for comparable coursework at Washington State University, in effect at the time of the reimbursement request. Reimbursement will be provided upon successful completion of the course, for coursework leading up to a bachelor's degree, based upon actual costs supported by receipts. Reimbursement will follow this scale: • Grade “A” – 100% reimbursement • Grade “B” – 75% reimbursement • Grade “C” – 50% reimbursement • Grade “D” or below / Failing grade – No reimbursement Employees who voluntarily separate from the City or are terminated before receiving a final grade shall not be eligible for reimbursement. Employees who separate after receiving reimbursement shall be subject to repayment provisions in accordance with the City’s Education Assistance Policy and the t erms of their signed education assistance agreement. ARTICLE 12 - Savings Clause 2025 – 2027 Collective Bargaining Agreement between City of Pasco and the Pasco Police Commanding Officers Association - Page 12 Should any article, section or portion of this Agreement be held unlawful and unenforceable by final order of any court of competent jurisdiction or administrative agency having jurisdiction over the subject matter, or by legislation of the State of Washington or federal government, such decision or legislation shall apply only to the specific article, section or portion thereof directly affected. Upon issuance of any such decision or legislation, the parties agree immediately to negotiate a substitute, if possible, for the invalidated article, section, or portion thereof. All other portions of this Agreement, and the Agreement as a whole, shall continue without interruption for the term hereof. ARTICLE 13 - Prevailing Rights All prevailing rights and privileges held by the employees at the present time, which are not included in this Agreement, and which do not conflict with any provision of this Agreement shall remain in full force and effect. Dated this day of _________. City of Pasco: ATTEST: Harold Stewart Debra Barham, CMC City Manager City Clerk Pasco Police Commanding Officers Association: ___________________________ Bill Parramore Brian Vaught President Vice President