HomeMy WebLinkAbout4126 Resolution - 2022-2024 PPOA-Uniformed Employees Collective Bargaining Agreement RESOLUTION NO. 4126
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, APPROVING THE 2022-2024 COLLECTIVE BARGAINING
AGREEMENT WITH THE PASCO POLICE OFFICERS ASSOCIATION
(PPOA)—UNIFORMED EMPLOYEES.
WHEREAS,the City of Pasco Council has an approved Collective Bargaining Agreement
with the Pasco Police Officer's Association(PPOA)—Uniformed Employees, consisting of Police
Officers and Sergeants; and
WHEREAS, the current PPOA Collective Bargaining Agreement was executed March
2020 and is effective from January 1, 2019 through December 31, 2021; and
WHEREAS, the negotiations commenced in October 5, 2021, with this 78-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 October 26, 2021; and
WHEREAS, on November 15, 2021 the PPOA representative notified the City that the
membership voted to ratify the tentative 2022-2024 Collective Bargaining Agreement.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO,WASHINGTON:
That the City Council ratifies the Collective Bargaining Agreement with the PPOA —
Uniformed Employees, commencing on January 1, 2022 through December 31, 2024; and
Be it Further Resolved the City Manager of the City of Pasco, Washington, is hereby
authorized, empowered, and directed to execute the 2022-2024 Collective Bargaining Agreement
with the PPOA — Uniformed Employees, 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—2022-2024 PPOA—Uniformed Employees CBA- 1
PASSED by the City Council of the City of Pasco,Washington this 22na day of November,
2021.
��
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
Gv✓ `�
�f-
Debra Barham, CMC Kerr Fe on Law, PLLC
City Clerk Cit ttorney
Resolution—2022-2024 PPOA—Uniformed Employees CBA-2
EXHIBITA
2�22 - 2�24
Collective Bargaining Agreement
between
City of Pasco
a.nd
Pasco Police Officer's Association
Uniformed Employees
TABLE 4F CONTENT5
PaGE
WrrivEssE�.....................................................................................................................................................1
A�rr�c�.E 1 RECOGI�TITION....................................................................................................................1
ARTICI.E 2 TERM AND SCOPE OF AGREEMENT........................».......................................................1
AR'I'ICLE 3 MANAGEMENT RIGHTS................................................»..................................................1
AR'TICLE 4 PERFORMANCE OF DUTY..................................................................................................2
A�tTTc1.E 5 GRIEVANCE PROCEDURE.....................................................»............................................3
Se�tion 1. Written Grievance to Sergean�...........................................................................................3
Section 2. Written Grievance to Division Captain..............................................................................3
Secticrn 3. Grievance Appealed to Chief of Department....................................................................3
Section 4. Grievance Appealed to City Manager................................................................................3
Section 5. Grievance Appealed to Arbitration....................................................................................3
Section6. Special Provisions...............................................................................................................4
AR1'ICLE 6 DAYS OFF EXCHANGE........................................................................................................5
Section1. Shift Exchange....................................................................................................................5
Section 2. No Overtinie Liability.........................................................................................................5
AR'['ICLE�1 SICK LEAVE......................................................«.................................................................S
Section1. Purpose................................................................................................................................5
Section2. LEOFF II.............................................................................................................................5
a. Accrual of Sick Leave ................................................................................................................5
b. Frobationary Employee Accrual and Use of Sick Leave..........................................................5
i. Reporting.............................................................................................................................5
c. Sick Leave with Pay....................................................................................................................5
i. Authorized Purposes ........................................................................... 5
ri. Reporting.............................................................................................................................6
iii. Merlical Certification..........................................................................................................6
iv. Medical Examination..........................................................................................................6
d. Sick Leave—Payment in Lieu Thereaf......................................................................................6
Section 4. Illnesses of Family Members..............................................................................................6
a. Serious Illness..............................................................................................................................6
b. Definition Faznily.........................................................................................................................6
c. Definition Serious Illness..........................................................................o...........................e..a..7
Section5. Reiurn to Work/Light Duty................................................................................................7
a. Work Assignments......................................................................................................................7
b. Rate of Pay/Required Duty........�......�.........�...............................................................................7
AitTTC�.E 8 O'vER�rrnrn�...........................................................................................................................7
Section 1. Overtime Threshald and Rate.............................................................................................7
2022-201A Collective Bargaining A�nent b�weai tl�e City of Pasco and
The Pasco Police Officer's Association Unifnrmed Employces—page 1
Section 2. Payment for Call-back,Court and Training. .....................................................................7
Section3. Other Rules .........................................................................................................................8
a. Travel Time .................................................................................................................................8
b. Sick Leave .................................................................................................................................8
c. Vacation Leave............................................................................................................................S
d. Military Leave..............................................................................................................................8
e. Witness Fees................................................................................................................................8
f. Civil Payments.............................................................................................................................8
Section 4. Compensatory Time Accrual..............................................................................................8
Section5. Compensatory Time Use....................................................................................................S
Se�tion 6. Compensatory Time Annual Conversion..................................
........................................9
Secrion'7. ..............................................................................................................................................9
ARTICLE9 BEREAVEMENT...................................................................................................................9
AR'TICLE 10 MEDICAIy DE1V'I'AI..,LIFE INSURANCE..............................................................................�
Section 1. Medical and Dental Insurance for Employees and Dependents.......................................9
Section2. Vision Care..........................................................................................................................10
Section3. Life Insvrance......................................................................................................................10
Section4. Medical Trust....................................................................................................................... 10
ARTICLE11 HOURS OF WORK...............................................................................................................10
Section1. Duty Schedule..................................................................................................................... 10
f�RTICLE 12 CLOTEIING AI,LOWANCE...................................................................................................14
Section1. Quartermaster System.........................................................................................................10
a. Uniform Items.............................................................................................................................. l0
b. Weapon Items and Equipment.................................................................................................... l l
c. Leather or Synthetic Leather Gear Items.................................................................................... 11
Section 2. Replacemeat of Issuecl Items.............................................................................................. l l
Section 3. Uniform Shoes/Boots.......................................................................................................... 11
Section4. Plain Clothes........................................................................................................................12
ARTICLE13 WORK[NG OiJ1'C1F CLASSIFICATTON................................................................................12
AizTic�14 HOLIDAYS AND'VACATIONS..............................................................................................12
Section 1. Vacatians..................................................................................... .....12
...................................
a. Vacation Accrual......................................................................................................................... 12
b. Accumulation of Vacation.......................................................................................................... 12
c. Vacation Cash-out....................................................................................................................... 12
d. Probationary Employees............................................................................................................. 12
Section2. Float'vng Holiday.................................................................................................................. 12
Section3. Hvlidays...............................................................................................................................13
ARTicLE15 WACEs.................................................................................................................................13
Section1. 2022 Wages.........................................................................................................................13
Section2. 2023 Wages......................................................................................................................... 13
Section3. 2024 Wages ......................................................................................13
Section 4. Corporal and Sergeants .........................................................................13
2022-2024 Collective Bazgaining Agrcement betweet►the Ciry of Pasoo and
The Pasco Police Officer's Association Uniformed Employees—page]I
Section S. Shift Differential.................................................................................14
Section6. Longevity ......................................................................................................................... I4
Section 7. Deferred Coinpensation...................................................................................................... 14
Section8. Detectives .........................................................................................................................14
Section 9. Special Investigation Unit(SIL))Detec�ives...................................................14
Saction 10 Detective Sergeants.............................................................................................................14
Section 11 Patrol Training Officers...................................................................................................... 14
Section12. SWAT ......................................................................................................................... 14
SectionI3. Certified Instructois.............................................................................................................15
A�tTTCL�16 Por�cE AcEwE�AZ-rEivnaxcE.....................................................................................15
Section1. Overtime..............................................................................................................................15
Section2. Tr�an.sportation......................................................................................................................15
Section3. Allowance............................................................................................................................15
ARTICLE17 SAVINGS CI.AIJSE..................................................................................»......................«....15
ARTICLE18 pOLICE OFFICER CAREER DEVELOPMEIV7'PI.AN.......................«..............................»..15
Section 1. Tuition Reimbursement...................................................................................................... 15
Section2. Monthly Premium............................................................................................................... 16
a. Police Officer, Sergeants,anci Corporals....................................................................................16
ARTICLE19 BILINGUAL INCENTIVE...».......................................................................».........................X6
ARTICLE2O NjEDICAL EXAMINATION...................................................................................................16
.aIRTICLE 21 K 9 Or�cEx......................................................................»......................................».«....�7
Section1. Off-Duty Time..................................................................................................................... 17
Section2. FLSA.................................................................................................................................... 17
Section3. Payment...............................................................................................................................17
ARTICI.E 22 SUBSTANCFr�2EE�ORK PLACE POLICY..«..........»........................................................17
A1t�ci.,E 23 FEn�xa�F�II.Y�uvn MEn�c.�.L�vE AcT oF 1993..................................................17
Section 1. Aclministrative Order Number 231 ....................................................................................17
Se�tion 2. Notice Required..................................
................................................................................. I7
Section3. Conflict................................................................................................................................17
AR'PICLE 24 PREVAILTNG RIGHTS..........................................................................................................18
ARTic�25 SHIFT BD?DING....................................................................................................................i8
AR�tcLE 26 LAYOFFS..............................................................................................................................18
f�RTICLE 27 PHYSICAL FITNESS............................................................................................................18
2022-2024 Colle�tive Sa�gaining Agreement betwcen the City of Pasco and
1'he Pasco Potice Officer's Association Uniforn�ed Employees—page ltl
Zoz2—zaza
COLLECTIVE BARGAINING AGREEMENT
between
CITY OF PASCO
and
PASCO POLICE OFFICER'S ASSOCIATION
This Agreement is made and entered into by and between the City of Pasco, Washington, hereinafter
referred to as the "Employer," and the Pasco Police Officer's 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 8tate law changes related to Police Reform only.
WITNESSETH:
It is recognized that cont�nued hazmonious relations are essential between the Employer and the
Association. It is the intent of the Association to maintain the past excellent relationship and meet any
differences that may arise in a z-ational,common sense manner.
ARTICLE 1-Recognition
The Employer recognizes that the Associadon is the exclusive bargaining representative for all the
employees of the Pasco Police Department in the civil service classifications of sergeant, corporal, and
police officer.
"Employee(s)"as used herein means and is limited to police department employees ernployed in the civil
service classifications of sergeant,corporal,and police officer.
ARTICLE 2-Term and Scope of Agreement
Section 1. Term. All provisions to take eff'ect upon signing with the exception of economic issues and
those issues with specific implementation dates.
5ection 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 2022-
2024,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 tlus contract shall rexnain in full force and ef�ect until the
parties reach impasse in their negotiations or the effective date of a new contract,whichever first occurs.
Nothing herein sha11 be construed to inter£ere with any person's ability to initiate a representation question
or election with PERC.
Section 3. Zipper. 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.
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 ma.nagement of the Police Department. 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:
2022-2024 Collective Bargaining Agreement between City of Pasco and
The Pasco Police Officer's Association Unifarmed Employees-Page 1
1. The establishment of the quali�cations for employment and to employ employees.
2. To establish the make-up ofthe Police Department's work force and to make changes from
time to time,including the number and kinds of classifications,and direct the work farce
towards the organizational goals established by the ciry.
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
departmenYs 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 depariment or to other
police-related functions.
8. The layoff of any employees from duty due to insufficient funds or change in the
departmenYs mission, standards of service or other budgetary priorities set by the City
Council.
9. The introductian 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 cazry out the mission of the City or Police
Department in emergency circumstances and situations.
12. 'The determination of the department budget.
13. The right to: suspend, demote, discharge, or take other disciplinary action against
employees for just cause.
Any employee who may feel aggrieved by the unfair discriminatory exercise of the management rights
specified above,may seek his remedy by the Grievance Procedure provided for in this Agreement.
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 wi11fu1 absence from one's positions, the stoppage of work or the
abstinence in whole or in part of the fuli,faithful and proper performanca of the duties of employment for
the purpose of inducing,influencing,ar coercing a change in the conditions of compensation or the rights,
privileges or obligations of ernployment. In the event that any employee violates this Article, the
Association sha11,upon becoming aware of the situation,imtnediately notify any such employees in writing
to cease and desist from such action and shall instruct them immediately to retum ta their normal duries.
Any and all employees who violate any af the pmvisions of tlus Article may be discharged or otherwise
discipiined.
2022—2024 Collective Bargaining Agreement between City of Pasco and
TYie Pasco Police Officer's Association Uniformed Employees-Page 2
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. Grievances,as herein defined,shall otherwise be prceessed in the following manner:
Section 1. Wrltten Grievance to Sergeant. As soon as possible,but in no case later than fourteen (14)
calendar days after the grievant la�ows or should have known of the event giving rise to the complaint,the
grievant shall first suhmit in writing on a standardized form (Appendix A) his/her compliant to their
Sergeant, noting the essential facts, provisions(s) of the Collective Bargaining Agreement alleged to be
violated and the relief sought.Said Sergeant shall meet with the grievant and make an investigation of the
relevant facts and circumstances of the complaint and attempt to resolve the matter within his delegated
scope of authoriiy and terms of tlus Agreement, no later than seven ('� calendar days from the time the
grievance was submitted to them.
Section 2. Written Grievance to Divfsion Cxptain. If the Sergeant does not resolve the matter to the
satisfaction of the grievant, the grievant may within fourteen (14) calendar days after the receipt of the
written response from the Sergeant, submit the grievance in writing ta the Division Captain. The writing
shall include the original grievance filed with the Sergeant,the Sergeant's response and the objections to
the Sergeant's response. Said Captain shall make an investigation of the relevant facts and circumstances
of the complaint and attempt to resolve the matter within his delegated scope of authority and the terms of
this Agreement,no later than fourteen(14)calendar days from the time the grievance was subrnitted to him.
Section 3. Wretten Grievance to Chief of the Departmen� If the Captain does not resolve the matter to
the satisfaction o£the grievant, the grievant may within fourteen (14) calendar days after the receipt of
written response from the Captain,submit the grievance in writing to the Chief of Police. The writing shall
include the originai grievance filed with the Captain, the Captain's response and the objections to the
Captain's response. The Chief af Police shall meet with the gievant and then respond to the grievant in
writing of his decision within fourteen(14)calendaz days following his receipt of the written grievance.
Section 4. Grievance Appealed to City Mangger. If the complaint is not settled, the employee may
notify the City Manager in writing, by providing a11 the previous written filings and responses and his
objecfions to the Chiefls response within fourteen {14) catendar days from the date of his r�ceipt of the
Chiefs written response. The City Manager shall hold a hearing on the dispute within fourteen (14)
calendar days where the parties may provide evidence and testimony. The City Manager shall issue a
written decision and the reasons therefore within fourt�n(14)calendar days of such hearing.
Section 5. Grievance Appealed to Arbitration. Only a party to this Agreement may refer unsettled
grievances that concern provisions of this Agreement to arbitration accorciing to the following steps:
(a) A request for arbitration shall be in writing and shall be submitted to the other party within
thirty{30) calendar days following the date of the reply made in Section 4. Said appeal shall
identify the previously filed grievance and set forth the issue(s)that the moving party seeks to
have arbiirated.
(b) An arbitrator may be selected hy mutual agreement of the parties. In the event the parties
cannot agree on the selection of an arbitrator within fourteen(14)calendar days,a joint request
shall be made to the FMCS for a list of seven(7}arbitrators located in the Pacific Northwest.
Selection shall be made by alternatively striking names from the list with the party striking first
determined by coin toss.
2022—2024 Collective Bargaining Agreemeni between City of Pasco and
The Pasco Police Oi�icer's Association Uniformed Empioyees-Page 3
(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. If possible,the arbitrator shall alsa designate the losing party.
(d) The parties agree that the decision of the arbitrator shall be fmal and binding and implemented
within thirty(30)calendar days following the rendering of the decision.
(e) The cost of arbitration shall be paid by the losing party, including the arbitrator's fee and
expenses. Room rental, if any, and the cost of an agreed upon caurt 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. If the arbitrator cannot designate which party is the loser,each party
wil]pay one-half(1/2)of the cost of the arbitration.
(fl Each parry shall bear the cost of the preparation of its own case.
(g) Prior to the submission of a grievance beyond Step 4 to Arbitration,either the Association shall
elect the grievance procedure, or the employee shatl select the Ciry 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 6. Special Pmvisions:
(a) The term "employee"or"grievant"as used in this article shall mean an individual employee,
group of employees,or the Association.
(b) An Association representative and/or aggrieved party sha11 be granted time off without loss of
pay for the purpose of processing a grievance from Section 3 forward. Any investigation
undertaken by the Association upon the work site shall be conducted so as not to dasturb the
work of uninvolved employees aud only after advance notice to the departrnent head.
(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 af
the parties involved. A statement of the durarion of such extensian of time must be signed by
both parties.
(e) Any grievance shall be considered settled at the complerion af any step if a11 parties are satisfied
or if neither party presents the matter to a higher authority within tbe prescribed period of time.
(f) Failure by a grievant or the PPOA 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 PPOA had no
cause in initiating or control. Failure,absent good catrse, to meet with the Chief of Police or
City Manager at their request on a grievance appeal to their office(Secrian 3 and 4) shall be
deemed a waiver of the grievance and the grievant's right to further appeal.
2022—2024 Collective Bargaining Agrcement between City of Pasco and
The Pasco Police Officer's Association Uniformed Employees-Page 4
ARTICLE 6-Days Off Exchange
Section 1. Sluft Exchange. Employees shall have the right to exchange days ofFwhen the exchange does
not interfere with the best interes�s af the Police Department or result in overtime liability for the employer.
Requests for exchanges of days off shall be made forty-eight{48)hours in advance of the day requested,
excluding holidays and weekends,and be subject to the reasonable approval of the Chief of Police or his
designee.
Section 2. No Overtime Liability. A shift exchange shall not result in oveitime liability for the employer
and the parties agree to adopt the 7{k) exception of the FLSA for the purposes of this Article. When
exchange results in an employee working hours that would qualify for overtime,the excess hours worked
shall be excluded from the calculation of hours for which the employee would otherwise be entifled to
overtime. Where einployees trade hours,each employee wiIl be credited as if he or she had worked his or
her normal work schedule for that shift.
ARTICLE 7-Sick Le�ve
Section 1. Purpose.The purpose of the paid sick leave benefit is to allow employees to care for the health
af themselves and family members. The sick leave benefits provided under this article shall meet the
minimum requirements of RCW 49.46.210.It is understood that sick leave is also for the purpose of illness
or injury when the employee is unable or unfit to report to work or as provided in Section 4. For all
employees,paid sick leave shall not be available for illness or injury resulting from or caused by accident
connected with other gainful employment and any such illness or injury shall be reported to the employee's
immediate captain at the earliest opportuniry.The Chief of Police, or his designee,rnay require a doctor's
certificate,in accordance with RCW 49.46.
Section 2. LEOFF II. Employees shall accrue and receive sick leave benefits as follows:
(a) Accrusl of Sick Leave. Sick leave shall accrue at the rate of eight(8)hours for each month for
each regular employee.
{b) ProbaHonary Employees Accrusl and Use of Sick Leave.
i. Reporting. A temparary or,provisianal employee is entitled to take paid sick leave,after ninety
(90)days of employment and shall earn sick leave credit at the rate of one{1)hour per forty(40)
hours worked. A probationary employee shall earn sick leave credit in accordance with paragraph
a),which shall be credited to him after ninety(90)days of temporary or provisional employment.
{c) Sick Leave with Pay. Employees shall eain and may be granted time offwith pay covering periods
of illness for themselves and family members, or when the employee's workplace, child's school
or place of care is closed by a public official for a health-related reason(not for snow days),or for
Ieave for a qualifying absence under the Washington State Domesric Violence Leave Act and
Minimum Wage Requirements and Labor Standards law,except time off caused by illness or injury
connected with other gainful employment to the extent that sick leave has accrued. In order to be
granted sick leave wikh pay,an employee must meet the following conditions:
i. Authorized Purposes.An employee is authorized to use paid sick leave for the following
reasons:
u. An absence resulting form an employee's mental or physical illness, injury, or health
condition;to accornmodate the employee's need for medical diagnosis,care,or treatment
of a mental or physical illness, injury, or health condition; or an employee's need for
preventive medical care;
2022—2024 Collective Bargaining Agreement between City of Pasco and
The Pasco Police Officer's Association Uniformed Employees-Page 5
iii. To allow the employee to provide care for a family member with a mental or physical
illness,injtuy,or health condition;care of a family member who needs medical diagnosis,
care, treatment of a mental or physical illness, injury, or health condition; or care for a
family member who needs preventive medical care;
fv. When the employee's place of business or child's school or place of caze has been
closed by order of a public official for any health-related reason.
v. For absences that qualify for leave under the Washington State Domestic Violence
Leave Act,chapter 49.76 RCW.
ii. Reporting. Notification of absence due to use of sick leave shall be given to the Chief of Police
or his designee as soon as possible on the first day of such absence and every day thereafter(unless
requirement is waived by the Chiefl and in as far in advance of the scheduled work as possible.
Generally,this report shall be made no Iater than one-half(1/2) hour before the start of the shift
unless such notice is not practicable in which case,notice shall be provided as soon as reasonably
practicable. Tlie norification must include sufficient information to determine the absence is for an
autborized purpose. Failure to promptly report an absence as required under this section may be
considered an absence without pay and may subject the employee to discipline as well.
u. Medical Certification If absence extends beyond three (3) working days duration, the
employee will be required, at the option of the Chief,to submit a medical certificate signed by a
physician confinning the employee sickness or injury,that the ennpioyee has been unfit for work
for the period of absence and is again able to return to work.The cost of the medical certificate
shall be at the city's expense.
ni. Medical Examination. Permit the city to make a medical exarnination or n.ursing visit if the
city deems it so desirable. The expense of such a medical examination or nursing visit shall be
paid by the ciry.
(d) Sick Leave-Payment in Lieu Thereof.
i. An employee,at the time of leaving the city,except for any such employee who has not given
at least two (2) weeks written notice of their voluntary termination of employment with the
city,shall have iwenty-five percent(25%)of his or her accumulated and unused sick leave,up
to an aggregate credit of seven hundred twenty(724) hours paid to them in accordance with
regular city payroll procedures.
ii. An employee, leaving the city due to retirement from employment, (in accordance with the
definition of retirement under the Department of Rctirement Systems), shall have thirty-five
percent(35%) of his or her accumulated and unused sick leave,up to an aggregate credit of
twelve hundred(1200}hours paid to them in accordance with regular city payroll procedures.
Section 4. Illnesses of Fami�y Members.
{a) Serious Illness. In the event of a serious illness in ihe family of the employee,the employee, at
l�is or her request,shall be granted time off utilizing earned sick leave time.
(b) Definition Fami�y.For the purpose of tlus section famiiy is defined as cluld including:a biological,
adopted,foster, step or whom the employee stand in loco parentis,is a legal guardian or de facto
parent, regardless of age or dependency status; a biological, adoptive, de facto, foster parent,
2022—2024 Collective Bargaining Agreement between City of Pasco and
The Pasco Police Officer's Association Uniformed Bmployees-Page 6
stepparent,or legal guardian of an employee or employee's spouse or registered domestic partner,
or a person who stood in loco parentis when the emp�oyee was a minor child; spouse;registered
domesric partner;grandparent;grandchild;or sibling.
(c) Defini�on Serious Dlness. Illness which requires"treatment or supervision"means:
i. Any medical condirion which requires medication that the family member cannot self-
medicate; or
ii. Any medical or mental condition that would endanger the family member's safety or recovery
without the presence of the employee;or
iii. Any condition warranting preventive health care, such as physical, den#al, optical, or
unmunization services,when the employee must be pr�ent to aathorize treahnent or when sick
leave may be used for the employee's preventive health care.
iv. Sub-secrions b) and c)above are not intended to include medical or mental health conditions
that could adequately be supervised by a family member's regeilar care provider.
v. Any employee shall return to work and camplete his or her regular shift assignment as soon as
the reason justifying the use of this family sick leave provision no longer exists,whether due
to betterment of the family member's condition, completion of any required health care
services, or other reason initially justifying the use of family sick leave.
Section 5. Return to Work/Light Duty. In the event a LEOFF II employee suffers an illness or injury
that prevents the employee from performing his or her full range of duties for a period in excess of two(2)
calendar weeks,the employer,at the discretion of the Chief of Police,may re�uire the employee to return
to work on a light duty status.
(a) Work Assignments. A light duty status shall include work assignments within the Police
Deparhnent assigned by the Chief that the employee is released by lzis or her treating physician to
perform until a full release to return to work is authorized. See Article 20 for Medical Examination
Requirements.
(b) Rate of Pay/Required Duty. Employees on required light duty status shall be paid at one hundred
percent(100%)of their normal rate of pay.
ARTICLE 8-Overtime
Section 1. Overtime Threshold and Rate. Except as otherwise provided herein, overtime work shall
include only that work performed by employees at the discretion of the Chief of Police or his designee,
which exceeds the standard number of hours in a work day or in a regular scheduled work sluft. Paid sick
leave shall not be counted as hours worked for determining the daily overtime threshold. Except as
otherwise provided herein, overtime work shall be paid at the rate of one and one-half(1-1/2)times the
employee's"regular rate of pay"as that term is defined in the FLSA.
Section 2. Payment for Call back,Court, and Training. In addition to the compensatory time benefit
provided in subsection 14.3 (b) for hours worked during a callback on certain holidays,overtime worked
due to callback that is not an extension at the bea nning or end of a normal shift shaIl be paid a minimum
of three(3)hours at the overtime rate. Overtime due to court appeazances requiring less than one(1}how
of the employee's time, shall be paid two(2)hours at the employee's overtime rate. Othervvise,overkime
due t�time in court sha11 be paid a minimum of three{3) hours at the overtime rate per twenty-four(24)
hour day, with additional hours worked paid on an hour for hour basis as required when an employee is
2022—2024 Collective Bargaining Agreement between City of Pasco and
The Pasco Police Officer's Association Uniformed Employees-Page 7
actually in the courtroom or required to be on-call prior to the giving of testimony. Provided,hawever,
such minimums are paid only when callback for court time is not an extension at the beginning or end af a
normal shif�. If it is an extension of the shift,either at the beginning or the end,it shali be at the overtime
rate only for the actual time spent in court. In Service Training time(outside of a scheduled shift}shall be
paid at employee's straight time rate with a minimum of two(2)hours,unless such hours for an employee
are in excess of one hundred seventy-one(171)straight time hours in a twenty-eight(28)day work period,
in which case,any such ti.me shall be paid at time and one-ha1f. Provided,call-backs shall only last for the
period of time necessary for the resolution of the issue that occasioned the original call-back."
Section 3. Other Rules. The following additional rules for overtime shall be followed:
(a) Travel Time. Travel tixne to and from classes shall not be paid as compensable time unless
required by the FLSA. To the extent reasonably practical,the employer will continue to attempt to
adjust an employee's wark shift to cover the time reasonably required for travel when the training
is more than fifly(50)miles from the City af Pasco.
(h) Sick Leave. Overtime shall not be allowed for class attendance while an employee is on sick leave
or disability leave.
(c) Vacatfon Leave. Overtime shall not be allowed while an employee is on vacation leave,unless it
is for a court appearance.
(d} Military Leave. No overtime will be allowed an employee who is on military leave.
(e) R'itness Fees. Witness fees paid ta officers by the court shall he paid directly to the City of Pasco.
No officer shall collect both overtime pay and court pay for any court session attended;provided
that travel fees paid by any such court for travel by the officer to and from caurt,shall be excluded.
(� Civil Payments. When civil witness fee payments of any kind aze received for testimony required
in any court case,it shall be the option of the employee to accept either the witness fee paid by the
non-city party or the city's paid overtime fee,pursuant to the provisions of this Agreement. In no
case shall an employee be entitled to overtime payment for testimony in a case where a civil
payment has been received.
Section 4. Compensatory Time Accrual. Employee.s shall be aliowed to accumutate up to eighty(80)
hours of compensatory time off. Employees may elect to receive compensatory time off in lieu of cash
overtime in 1/2 hour increments up to the accrual maximum above with the exception of time worked on
grant funded and/or contract services which require actual cash payments to be made. One and one half
hour of compensatory time shall be accrued for each overtime hour worked.
Section 5. Compensatory Time Use: Absent mutual agreement otherwise,employee requests to utilize
compensatory time off shall be made five {5) days in advance. The City shall process the request to use
compensatory time within two (2)business days. Once approved, comp time cannot be cancelled by the
Department absent an emergency. When a request for the use of accrued compensatory time is received on
the same day as a request for the use of vacation time, We request for compensatory time shall take
precedence. However, previously approved vacation requests will not be cancelled to accommodate a
subsequently received wmp time request. The City may,in its sole cliscretion,deny compensatory time off
in the following situations:
A. New Year's Eve,Cinco de Mayo Festivai,Fourth ofJuly Celebration,Fiery Foods Festival,
and Water Follies Weekend;
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The Pasco Police Officer's Assooiation Uniformed Employees-Page 8
B. The Employer may deny compensatory time off requests if two employees on the same
shift have already been granted vacation or compensatory time off;or
C. In the event of an actual emergency.
Section 6. Compensatory Time Annuat Conversion: in December of each year, each employee must
elect to convert to vacation hours, or to receive compensation for, or a combination of conversion and
payment,any accrued but unused compensatory hours above forty(40)hours.The conversion request shall
be on a standardized form used for this purpose.Each employee's maximum vacation accumulation remains
as specified in Article 14 Section 1(b). The city shall,based upon each employee's request,either convert
to vacarion hours or pay employees for accrued but unused compensatory hours over forty(4U)hours during
the first full pay period in December each year. The value of accrued but wnused compensatory hours for
payment purposes shall be determined by multiplying the number of hours to be paid by the employee's
regular rate of pay. An employee who does not submit a conversion form shall receive payment for all
accrued but unused compensatory hours above forty(40) hours. It is understood that an o�cer may not
exceed the ma�cimum accrual of vacarion hours for any reason including the conversion of compensatory
time hours.
Section 7. Provided,the Department may in its sole discretion,permit more officers off on leave than the
minimums set forth herein.
ARTICLE 9-Bereavement
In the event o£a death in the unmediate family of an employee,the employee shall be granted up to thirty
two hours(32)hours off with pay. Additional leave for such purpose may be taken and chazged to accrued
sick or vacation leave or taken as leave without pay,upon authorizatiott of the Police Chief. Documentation
of the need for such leave may be required by tha city.
Immediate family for these purposes shall be defined as follows: spouse and children of the employee;
mother; father;brother; sister; and grandparents of the employee and those same family members of the
employee's spouse.
ARTICLE 10-Medical,Dental and Life Insurance
Section 1. Medical and Dental Insurance for Empioyees and Dependents. During the term of this
agreement,the following shall apply:
Employee premiums continue to be a 12%of the composite premium,with a cap of 3.0%of the 36+month
officer pay step.
The City retains the right to raaintain a self-inaurance program or to select insurance carriers,for the purpose
of containing premiwn rate increases. The City agrees to provide a medical and dental insurance plan that
is at least substantially eyuivalent to the plans currently in effect.
i. Maintain a deductible in the medical insurance program of Two Hundred Dollars
($200) per person per calendar year to a maximum of Six Hundred Dollars ($600) per
covered family per calendar year.
ii. Maintain an Eighty/Twenty Percent(80%/20%)co-insurance which applies to all
covered medical and dental expenses incurred,with the exception of the first Five Hundred
Dollars($500)of accident expenses,which will be covered One Hundred Percent(100%)
to Five Hundred Dollars($SOU)and not subject to the deductible. Provided,the employer
may, at its discretion on or after January 1, 1998, eliminate the exceptions for accident
expenses from the co-insurance and deductible requirements, but only in the event the
2022—2024 Collective Bargaining Agreement between City of Pasco and
The Pasco Police Officer's Association Uniformed Employees-Page 9
employer effects such changes far all employee groups covered under the city's medical
insurance program.
iii. A maximum Twenty-Five Dollar($25)deductible per person per calendar year on
dental to a maximum of Sevenry-Five Dollars ($?5)per covered family for Class 2 and
Class 3 dental expenses. The deductible will not apply to Class 1 dental expenses; i.e.
covered diagnostic and preventive care. This deductible shall be applied toward the Two
Hundred Dollar ($200) medical deductible. The maximum annual benefit for dental
expenses is Qne Thousand Five Hundred Dollars($1500)per person.
Section 2. Vision Care. Employees and their dependents will participate in the City's vision plan with the
same terms,conditions,and premiums as are generally applicable at the City.
Section 3. Life Insurance. The city,for the term of this Agreement,shall continue to provide an employer-
paid plan with benefits increased to Fifty Thousand Dollars($50,040)of face value term insurance.
Section 4. Medicai Trust.The City shall contribute one hundred($100A0)dollars per month on a pro-tax
basis for all LEOFF II bargaining unit members to the Washington Fraternal Order of Police(FOP)Medical
Trust.These contributions shall be includeci as salary for the purpose of calculating retirement benefits.
The Union and the employees agree to hold the City harmless and indemnify the City from any and all
liability,claims,demands,law suits,andlor losses,damage,or injury to persons or properiy,of whatsoever
kind,arising from and in any way related to the itnplementarion and administration of the Trust Fund. The
Union and employees sha11 be one hundred percent{140%)liable for any and all liabilities inclusive of any
federal, state,or local agency deteimination regarding any liabilities tltat 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 administrarion of the FOP trust.
Under no circumstances whatsoever will t)ze City be liable for direct pay of any FOP benefit to the
employees and/or retired employees andl�r their beneficiaries
ARTICLE 11-Hours of Work
Section 1. Duty Schedule. The City shall declare a standard forty-hour(40)duty week consisting of five
(5)consecutive days of eight(8)consecutive hours. It is expressly aclrnowledged that,during the term of
this agreement, an alternative duty schedule may be implemented by the mutual consent of the parties.
Such alternate schedule shall be detailed in a memora.ndum of understanding and include the terms and
conditions needed to effect such change in scheduling.
ARTICLE 12 -Clothing Allowance
Section 1. Quartermaster System. The Employer shall provide, on an "as needed" basis, for each
employee, and continue to maintain for each employee on an°`as needed"basis as recommended by the
employee's supervisor,the following minimum uniform,weapon,and leather gear issue:
(a) Uniform Items:
Shirts 31ong sleeve/3 short sleeve
Trousers 3 pair
Ties 2
Tie Baz 1
Soft Body Armor 1
Departinental Insignia or Ranlc Insignia 1
Shoulder Patches 7 pair
Badges(Shirt and Wallet) 2
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The Pasco Police Officer's Association Uniformed Employees-Page 10
Baseball type Hat 1
Short or Long Coat 1
Rain Jacket 1
Knit Dickie 1
Dress Jacket 1
Dress Hat 1
All Season Jacket 1
Utility Unifonn(K-9) 2
Training Uniform 1
(b) Weapon Items and Equipment:
Handgun** 1
Handgun Magazines 3
Chemical Irritant{OC)** 1
Handcuffs 2 pairs
Flashlight 1
Baton** 1
Portable Radio 1
(c) Leather or Synthetic Leather Gear Iteras:
Gun Belt(Velcro Type) * 1
Gun Holster(Security Type)* 1
Gun Holster(Deteotive) 1
Chemical I�ritant Holder(OC) 1
Handcuff Case 2
Double Magazine Pouches 1
Belt Keepers{for leather belt) 1
Baton Holder 1
Badge Holder(Detechve) 1
Single Magazine Pouch(Detective) 1
Key Halder 1
Trouser Belts(Velcro Type) * 1
Radio Holder 1
*On a replacement basis for existing equipment
�* Requires certification and/or mandatory training
Section 2. Replacement of Issued Items. Equipment and/or clothing that is lost, stolen, destroyed or
damaged in the line of duty and without neglect on the part of the employee will be replaced by the employer
without recrimination,cost,or charge to the employee. Clothing and equipment provided by the employer
shall be purchased and maintained with due regard to the employee's health and safety.
Section 3. Uniform Shoes/600ts. Shoes/boots acceptable to the city shall be supplied as a uniform part.
Replacemen#sha.11 be on an"as needed basis"(reasonably determined by the city}, but no more tha.n one
pair of shoeslboots per employee every year. Except,that shoes/boots ruined in an on-duty incident shall
be eligible for immediate replacement. The city's cost per pair of shoes/boots shall not exceed two hundred
dolIars/year, plus tax and shipping costs (if any}. The employee shall bear any excess costs for the
shoes/boots selected. Shoes/boots shall be for duty use only.
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The Pasco Police Officer's Association Uniformed Employees-Page 11
Section 4. Pl$in Clothes. For those employees required to wear plain clothes in the course af their assigned
duties(dete�tives),the employer will pay a semi-annual clothing allowance of T'hree Hundred Twenty-five
Dollars($325)on the last paycheck of January and July of each year. The City will pay for the cleaning of
up to twelve (12) articles of clothing for each plain-clothes officer each month. "Articles of clothing"
means:sport coat or jacket,slacks,suits,necktie,dress shirt,blouse,skirt,scarf,dress and dress shoes.
ARTICLE 13-Working Out Of Classification
Any employee covered by this Agreement working out of classification far more than five(5)continuous
working days shall be paid the rate of pay for the higher classification retroactively to the first full sluft and
for each additional full shift. The out of classification rate paid to the employee will be based on the
difference in base pay of the two classifications.
ARTICLE 14-Holidays and Vacations
Section 1. Vacations.
(a) 0-S��rs 6"'vr 11"'�r 16�vr 20'���r
8 Hr. da�+s��er�•ear 14 17 20 22 26
Accrual per pav
��eriod in hrs 4.30 hrs 5.23 hrs _ ___6.15 hrs 6.76 hrs 8.0 bxs
Maximum Accrual 224 hrs 272 hrs 320 hrs 352 hrs 416 hrs
(b) Accumulation of Vacation. Normally, employees will be required to take annual vacation. No
accrued vacation will be allowed in excess of two full years of earned vacation time. Time not
taken that causes accrual beyond two full years will be lost to the employee. Normally,employees
will not take more than ane and one-half{1-1/2)years accumulation in any one year;however,the
City Manager may authorize longer leave in special cases.
(c) Vacation Cash-out. Employees entering their third(3'�)year of continuous service may convert
seventy-two (72) hours vacation into cash in December of each year, provided they have taken
eighty(80)hours of vacation during the year and have maintained satisfactory work performance
as shown in their annual performance evaluarion.
(d) Probationary Employees. Probationary employees will earn vacation credit that shall be fully
credited to them upon becoming regular employees. Probationary employees will be able to use
up to twenty-four (24) hours of vacation leave during their remaining twelve (12) months of
probationary period upon graduation frorn the Police Academy.
Sectlon Z. Floating Holiday. Each employee may select a day on which he desires to take one floating
huliday,subject to the following conditions:
i. The employee has been continuously employed by the city for m�ore than six t6)months.
ii. The employee has given not less than fourteen (14) calendar days of written notice to his
immediate supervisor. The employee and supervisor may agree on an earlier date of
conve�nience.
iii. The supervisor has approved the date.
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The Pasco Police Officer's Association U�iformed Employees-Page 12
iv. The floating holid�y must be taken during the calsndar year ar entitlemcnt to the day will lapse;
except when an employee has made reasonable request for a personal holiday and the request
has been denied.
v. The employee will receive eight(8)hours of straight rime pay for the holiday.The employee
may use accrued vacation time to supplement pay up to total regularly scheduled hours for that
day.
Section 3. Holidays. All ten(10}general holidays will be accrued as holiday tixne that the employee may
elect to use holiday hours upon accrual, convert to vacadon days or cash-out at the straight time rate in
December, or any combinadon. The holiday time may not be "carried over"and the maximum vacation
accumulation remains as specified in Secrion 1(b). Employees who work on a designated general holiday,
except as stated in Section 3 b.below,will be paid at the straight time rate unless other overtime provisions
apply.
Holiday Date Accrued
Christmas Day December 25
New Year's Day January 1
Martin Luther King's Birthday Third Monday in January
President's Day Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Veteran's Day November 11
Thanksgiving Day Fourth Thursday in November
Day after Thanksgiving Fourth Friday in November
(a) All employees covered by this Agreement shall accrue eight(8)hours for each general holiday.
(b) Those employees who wor�C New Year's Day,July 4th,T'hanksgiving and Christmas as part of
their regular scheduled shift,shall be compensated at the overtime rate.
(c) In addirion, those employees who are called back to work on the following holidays shall be
compensated for the actual hours worked at the overtime rate of pay: Christmas Day,July 4�',
Thanksgiving Day, and New Year's Day. Those employees shall also earn for each hour
actually worked,up to four(4) hours compensatory time off on an hour-for-hour basis (one
hour of compensatory time off for each hour worked).
(d) Upon separation from the depariment for any reason, any employee that has accumulated
holiday time shall be paid at the then prevailing rate of pay.
ARTICLE 15-Wages
Section 1. 2022 Wages.5.0%wage increase
Section 2. 2023 Wages. 100%CPI-U West June to June,2.5%Min—4.5%Max.
Plus 1%in July—1$`full pay period.
Sectian 3. 2024 Wages. 100°10 CPI-U West June to June, 2.5%Min—4.5%Max.
Plus 1°10 in July—1�`full pay period.
Section 4. Wages for corporals and sergeants are to be established as follows:
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The Pasco Police Of�icer's Association Uniformed Employees-Page 13
Corporals 10%above top step officer wage
1�yr. Sergeants 15%abave top step officer wage
2�yr. 5ergeants 20%above top step officer wage
Note: The differentials noted above will determine the actual rate of pay for corporals&sergeants, rather
fhan agreed upon percentage increases.
Section 5.Shi#t Differential. Each bargaining unit member assigned to:
Swing shift will receive$0.50 per hour over their base hourly wage.
Graveyard Shift will receive$1.00 per hour over their base hourly wage.
Section b. Longevity. Langevity pay shall be computed on the individual employee's hourly rate af pay
for the following years of continuous service with the department:
Years of Service Com ensation
After 6 years 1%of base salary
After 10 years 2%of base salary
After 15 years 4%of base salary
After 20 years 5%of base salary
After 25 years 6%of base salary
Section 7. Deferred Compensation. Each bargaining unit member shall be paid a deferred compensation
contribution as provided below:
2022—add 0.5%contribution(4.0%base hourly salary)
2023—add 0.5%contribu#ion(4.5%base hourly salary)
2024—add 1.U%contribution(5.5%base hourly salary)
This provisiQn is subject to the City's deferred compensation rules and regulations adopted by the
City Council (consistent with collective bargaining responsibiiities) and IltS regulations. The
computation of retirement contributions and pension benefits shall be govemed by applicable state
law.
Section 8. Detectives. Detectives shall receive an additional four percent{4%)per month over their base
hourly wage. Detectives shall all carry their assigned pager or cellulaz phone when off duty and are
expected to answer if they receive a ca11. Each week,one Detective shall specifically be assigned"on-call"
and sha11 stay within range of their assigned pager or cellular phone and a thirty-minute response time to
the station or point of the emergency call out.
Section 9. Special Investigation Unit (SIin Detectives. SIU Detectives will receive an additional one
precent(1%)per month over their base hourly wage(in addition to detective incentive).
Section 10. Detective Sergeants. Detective Sergeants will receive an additional four percent (4%) per
month over their base hourly wage,to compensate for freqnent off duty calls to assis#department personnel
by providing instructions,guidance or decisions pertaining to developing or on-going investigarions.
Section 11. Patrol Tr�ining Officers. Certified Patrol Training Officers(PTO's)when assigned by the
Chief of Police will receive an additional wage amounting to four percent(4%)per hour of their base wage
during the hours they are actively training`student officers' (as defined by the PTO training manual).
Seetion 12. SWAT. �'hree percent(3%)premium for SWAT mex�bers. The City reserves the exclusive
right to determine the number of positions on SWAT. Further,the City retains the exclusive right to remove
any individual from the SWAT team at any time for any reason without recourse or challenge.
2022—2Q24 Collective Bargaining Agreement between City of Pasco and
The Pasco Police Officer's Association Uniformed Employees-Page 14
Section 13.Certified Instructors. Certified instructars,as assigned by the Chief,will receive an additional
5 percent(5%)base wage increase for the hours they are actively insinicting and for approved preparation
time(approved in advance by Division Captain or designee).
ARTICLE 16-Police Academy Attendance
Section 1. Overtime. An ernpioyee at the Police Academy or other training facility,when required by the
City is subject to the provisions of Article 8-Overtime and Article 11 -Hours of Work. No overtinne will
be claimed unless mandateti by the FLSA or state law. Travel time to and from the academy or other
training facility is not compensable time uniess required by the FLSA or approved by the Chief of Police.
Section 2. Transportation. The City sha11 deteimine the means of transportation far an employee to the
Police Academy or other training facility and pay the actual cost of transportation for the initial trip to the
academy location and the final return trip. If the employee's personal automobile is used as the means of
transportation,the city shall pay the employee the rate at which non-represented employees are reimburseci.
Any trips home during academy attendance,when required by the City shall be by means of transportation
deterniined by the Ci#y and the City will pay the cost thereof or mileage. No other transportation costs or
mileage will be paid by the City while an employee is attending the Academy.
Section 3. Allowance. The cost for all clothing and equipment required for Academy attendance and
physical education classes will be reimbursed by the City up to a maximum reimbursement of Two Hundred
and Fifty Dollars($250}. The required physical exarnination will be paid in full by the City.
ARTICLE 17-Savings Clause
Should any article,secrion 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 tliereof 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 thereo£ All other portions of this Agreement, and the Agreement as a whole, shall
continue withou#interrupkion for the term hereof.
ARTICLE 18-Police Officers Career Development Plan
Section 1. Tuition Reimbursemen#.The City and the Association recognize the benefits brought to the
police function by increaserl educational levels. In an effort to increase members educational levels, the
City will reimburse an employee covered by t�is Agreement for tuition and required expenses(books,lab
fees)incurred by any employee taking college level course work when engaged in a continuing education
program offered by a nationally accredited educational institution in the azeas of law enforcement,crixninal
justice,public administration, or other police-related field of study approved hy the City after considering
input from the Association.Approved courses may be either classroom or online based.
Tuition costs for approved courses shall not exceed the following:
1. For courses taken at an in-state (Washington) public educarional institution, either at the actual
institution or via on-line courses, the tuition rate shall not exceed the actuai in-state residential
tuition rate for that institution.
2. For courses taken at an in-state private educational institution or at any out of state educational
institut�on,either at the actual institution or via on-line courses,the tuition rate shall not exceed the
in-state residential tuition for Washington State University far similar coursework at the time of
the request.
2022—2024 Collective Bargaining Agreement between City of Pasco and
The Pasco Police Officer's Associarion Uniformed Employees-Page 15
Such reimbursement shall occur upon completion of the course according to the grade obtained as follows:
For an"A": 1 QO%
For a"B": 75%
For a"C" 50%
For a"D"or failing grade no reimbursement
Section 2. Monthly Premium. Employees possessing an Associate or Bachelors degree in a major field
of study from a narionally accredited educational institution prior to employment or obtaining a degree in
an approved field of study after employment under the provisions of Section I will receive for an education
premium for compensable work in the following amounts:
(a) Police Officer,Sergeants and Corpor�ls:
De�ree Level Achieved
AA(AS) 3%/mo.
BA(BS) 6%/mo.
ARTICLE 19-Bilingual Incentive
Any Association member who is fluent in Spanish or in another foreign language(that is deemed useful to
the City) shall have their base wages increased by five Percent (5%)per hour, such proficiency shall be
reasonably determined by the City.
ARTICLE 20—Medical Examination
Section 1. The employer reserves the right to texminate employment when an exnployee is not mentally or
physically fit for duty and there is not a reasonable prognosis that the employee will be able to return to
duty in a reasonable atnount of time. When the employer has a legitimate, good faith, nondiscriminatory
reason to beiieve an individual is physically or raentally unfit,it may order the employee to be examined
by a medical provider of the employer's choice, Physical examinations will be taken in a timely manner
whether on or off duty.The need for such an examination may arise at different times during an employee's
recovery. Pending the results of the Fitness for Duty examination, the employee will be placed on paid
administrative leave. Examinations and reports of such examinations shall be done in conformance with
the medical confidentiality provisions of the American with Disabilities Act(ADA)and such reports sha11
include whether or not the employee is fit and in the event the employee is not fit,what the prospect for
return is,or whether accommodations are available which would allow an employee to perform the essential
functions of the job and what such accommodations may be.
Section 2. If the employer decides to commence termination proceedings because it believes there is not a
reasonable prognosis for the employee to return to full duty in a reasonable period of time,it shall advise
the employee of its intent.The amployee shall be accorded a pre-termination hearing.The employee shall
have a right to obtain an independent medical examination prior to such a hearing at his or her awn expense.
The employee shall have a right to present such an opinion at the pre-termination hearing.In the event the
employee challenges the conclusion of the employer's medical provider either at the pre-termination
hearing or in the grievance procedure,the emplayee shall waive the con�dentiality restrictions the employer
is subject to so the employer will have c�mplete access to the relevant medical reports. Nothing in this
procedure precludes any party from obtaining,at their own expense,addifional medical reports as may be
reasonably necessary either prior to any teimimation decisioa or during the grievance procedure. Such
reports shall be subject to disclosure.
2022—2024 Collective Bazgaining Agreement between City of Pasco and
The Pasco Police Officer's Association Uniformed Employees-Page 16
Section 3. In the event of a medical termination,the employer shall provide information about other job
opportunities with the City for one{1)year beyond termination. The former employee may apply for any
such jobs but has no right of automaric reinstatement to City employment.
Section 4. If the employee is unfit for full duty but there is a reasonable prospect for return to full duty,he
or she may be eligible for light duty in accordance with Department Policy.All light duty assignments must
take into consideration the benefit provided to the City and the potential impact on other bargaining units
and their members. Employees do not have a right to permanent light duty and such light duty shall be
limited to six (� rnonths per injury,which the City at its discretion may extend. Light duty assignments
may include work outside the Police Department and job assignments are subject to continued satisfactory
performance of services assigned.If an employee has exhausted light duty and all paid leave,the employee
will be subject to the medical termination provisions set forth above. If an employee is ineligible for light
duty,and all paid leave is exhausted,but there is a reasonable prognosis for return to full duty in a reasonable
period of time, the employee shall be placeci on unpaid administrative leave for the time appropriate to
permit the employee to return to full duty.
ARTICLE 21 -K-9 Of�iicer
Section 1. Uff-Duty Time. It is agreed that on the average, a K-9 Officer spends approximately thirty
{30)minutes per day in compensable off-dury time for the duty-related care and maintenance of a dog,or
fifteen(15)hours permonth.Such compensation shall be included in the K-9 Officer's payroll check issued
for the second payrolI each month in an amount based upon the fifteen(15)hours per month average.
5ection 2. FLSA. Notwithstanding Section 1 of Article 18, a K-9 Officer's compensable off-duty time
spent in the care and maintenance of a K 9 shall not be subject to the daily and forty(40)hours per week
overtime thresholds. Such off-duty time sha11 be subject to the maximum number of hours that may be
worked during the Of�icer's twenty-eight(28)day work period under Section 207(k)of the FLSA.
Section 3. Serious Illness or Injury. However,in the event a K 9 is ill or injured requiri.ng multiple visits
to the veterinarian and/or extended home care by the K-9 Officer,the K-9 Officer s�all be paid for actual
hours off duty caring for the dog at the hourly rate. The K-9 Of�icer must notify his Captain of any such
occurrence and turn in a daily time slip for the extra time. Tl�e employer reserves the right at any time to
rentove a dog from service and relieve the K-9 Officer of responsibilities for off duty care of the dog.
ARTICLE 22-Substance-Free Work Pl�ce Policy
The Substance-Free Work Place Policy set forth in the City of Pasco Administrative Order currently number
65A originated August 28, 1992 is incorporated herein by this reference.
ARTICLE 23-Federal Family and Medical Leave Act of 1993
Section 1. Administrative Order Number 23I. Article II of Administrative Order Number 231, Family
and Medical Leave Act, originated November 22, 1993 setting forth the implementing procedures of the
FMLA by the City is incorporated by this reference herein as if specifically set forth.
Section 2. Notice Required. Employees are cautioned to be mindful of the thirty(30}day advance notice
requirement required by the law(FMLA) and the required use of the FMLA Leave Request Form when
unpaid family or medicalleave is intended to be utilized.
Section 3. Conflic� T'he leave requirements otherwise made available to the employee throughout this
Agreement shall not be diminished by their coordination with the FMLA and any conflict between a
provision of this Agreement and the Admuusirarive Order No.23 I shall be resolved in favor of the language
of this Agreement.
2022—2024 Collective Bargaining Agreement between City of Pasco and
The Pasco Police Officer's Association Uniformed Employees-Page 17
ARTICLE 24-Prevailing Rights
Ali prevailing rights and privileges held by the etnployees at the present time, wluch are not included in
this Agreement, and which do not conflict with any provision of this Agreement shall remain in full farce
and effect.
ARTICLE 25-Shift Bidding
Patrol officers will annually bid for shift assignments by seniority. Seniority wi�l be determined as set forth
in Article 26 of tlus Agreement. Bidding will be supervised by the Chief of Police. Management will
endeavor to accommodate these requests,but retains the authority of the Chief of Police at his discretion
and for reasonable cause to make changes in sluft assignments to meet the operational needs of the
department.
ARTICLE 26-Layoffs
In the case of a personnel reduction within any classification,the employee with the least seniority shall be
laid off first. Seniority shall be determined by date of employment, provided, however, seniority for
employees in the sergeant and corporal classification shall be determined by time served in the rank or
classification. When two or more employees of the classification being reduced have the same date of
employment then they shail be laid off by inverse ranking off the civil service list from which they were
hired. A list shall be maintained by the Chief of Poiice,updated and posted, as new employees are hired
and existing employees leave city service. The affected employees shall be given four(4)weeks advance
notice of the effective date of any personnel reduction. Employees being laid of�'may choose to transfer to
a lower paying classification within the bazgaining unit,provided that the employee meets the minimum
job qualifications for the position and providing the esnpluyee has more seniority than the employee
currently occupying the position in the lower classification.
ARTICLE 27—Physical Fitness
The parties agree to cooperate in creating a fitness incentive program.The testing criteria,elements,and
process to be determined by Police Management.Beginning in 2022 there will be two(2)incentive levels
—two-hundred and fifly($250.00)and five hundred($500.00)to be paid in December,
Dated this day of November 2021.
City af Pasco:
Dave Zabell
City Manager
Pasco Police Oi�icer's Association:
James Thompson Tony Haworth v
President 2"d Yice President
2022—2024 Collective Bargaining Agre,ement between City of Pasco and
The Pasco Police Officer's Association Uniformed Employees-Page 18