Document Pasco_doc_91b3274b53

2005-2007 Collective Bargaining Agreement between City of Pasco and Pasco Police Officers' Association Uniformed Employees ---PAGE BREAK--- TABLE OF CONTENTS PAGE WITNESSETH 1 ARTICLE I ARTICLED ARTICLE ill ARTICLE IV RECc:lGNITION , , 1 TERl\'I AND SCOPE OF AGREEMENT " 1 MANAGEMENT RIGHTS oi II Ill • - , 1 PERFORl\1.ANCE OF DUTy , 2 GRIEVANCE PROCEDURE " 3 DAYS OFF EXCHANGE 5 ARTICLE V Section 1. Section 2. Section 3. Section 4. Section 5. ARTICLE VI Section 1. Section 2. Written Grievance to DivisionCaptain Written Grievance to Chiefofthe Department Grievance Appealed to the City Manager Grievance Appealed to Arbitration Special Provisions Shift Exchange No Overtime Liability 3 3 3 3 4 5 5 ARTICLE VII SICK LEAVE I " l1li I. 5 Section 1. Purpose 5 Section 2. LEOFF I 5 Section 3. LEOFF II 5 a. Accrual of Sick Leave 5 b. Probationary Employee Accrual and Use of SickLeave 5 i. Reporting 5 c. Sick Leave with Pay 6 i. Reporting 6 ii. Medical Certification 6 111. Medical Examination 6 d. Return to Work after Sick Leave 6 e. Sick Leave - Payment in Lieu Thereof 6 Section 4 Illnesses ofFamily Members 6 a. Serious Illness 6 b. Definition ofFamily 6 c. Definition ofSeri'ous Illness 6 d. Definition children 7 Section 5. Return to Work/Light Duty 7 a. Work Assignments 7 b. Rate ofPayJRequired Duty 7 Section 6. Paternity 7 Section 7. Maternity 7 2005-2007 Collective Bargaining Agreement between the City ofPasco and The Pasco Police Officers Association Uniformed Employees - page i ---PAGE BREAK--- ARTICLE \'III OVERTIME 7 Section 1. Overtime Threshold and Rate 7 Section 2. Payment for Call-back, Court and Training 8 Section 3. Other Rules 8 a. Travel Time 8 b. Sick Leave 8 c. Vacation Leave 8 d. Military Leave 8 e. Witness Fees 8 f. Civil Payments 8 Section 4. Compensatory Time Accrual 8 Section 5. Compensatory Time Use 9 Section 6. Compensatory Time Annual Conversion 9 Section 7. 9 ARTICLE IX BEREAVEMENT oil It 9 MEDICAL, DENTAL, LIFE 9 ARTICLE X Section 1. Section 2. Section 3. Medical and Dental Insurance for Employees and Dependents Vision Care Life Insurance 9 10 10 ARTICLE XI HoU'RS OF WORK. III I- III 11 Section 1. Duty Schedule 11 ARTICLE XII CLOTHING ALLOWANCE 41 4111 11 Section 1. Quartennaster System 11 a. Unifonn Items 11 b. Weapon Items and Equipment 11 c. Leather or Leather Gear Items 11 Section 2. Replacement ofIssued Items 12 Section 3. Unifonn Shoes/Boots 12 Section 4. Plain Clothes 12 ARTICLE XllI WORKING OUT OF CLASSIFICAnON. 12 ARTICLE .XIV HOLIDAYS AND VACATIONS II_II" 12 Section 1. Vacations 12 a. Vacation Accrual 12 b. Accumulation ofVacation 12 c. Vacation Cash-out 13 d. Probationary Employees 13 Section 2. Floating Holiday 13 Section 3. Holidays 13 2005-2007 Collective Bargaining Agreement between the City ofPasco and The Pasco Police Officers Association Unifonned Employees- page ii ---PAGE BREAK--- 2005 Wages 2006 Wages 2007 Wages [Corporals and Sergeants] Detectives Detective Sergeants Field Training Officers Overtime Transportation Allowance ARTICLE XV Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. ARTICLE XVI Section 1. Section 2. Section 3. ARTICLE XVII W-AGES " " " " " " 14 14 14 14 14 14 14 14 POLICE ACADEMY ATTENDANCE ' 14 14 14 15 SAVINGS CLAUSE 1 " 15 ARTICLE XVIII POLICE OFFICER CAREER DEVELOPMENT 15 Section 1. TuitionReimbursement 15 Section 2. Premium 15 a. Police Officer, Sergeants, and Corporals 16 ARTICLE XIX ARTICLE XX BILINGUAL INCENTIVE 16 PHYSICAL EXAMINATION " Ii 16 K-9 OFFICER I IIIt IIt IIt.e 16 ARTICLE XXI Section 1. Section 2. Section 3. Section 4. Off-Duty Time FLSA Payment Serious Illness or Injury 16 16 16 17 ARTICLEXXII ARTICLE XXIII Section 1. Section 2. Section 3. ARTICLE XXIV ARTICLE XXV ARTICLE XXVI SUBSTANCE-FREE WORK PLACE 17 FEDERAL FAMILY AND MEDICAL LEAVE ACT OF 17 Administrative OrderNumber 72 17 Notice Required 17 Conflict 17 PREVAILING III IIt IIt 111 17 DEPARTMENT INSTRU~JONS•••••••••••••••••,.IIt.IIt.IIt.IIt.IIt 17 SHIFT BIDDING , 17 ARTICLE XXVII LAYOFFS 111 " I III 17 2005·2007 Collective Bargaining Agreement between the City ofPasco and The Pasco Police Officers Association Unifonned Employees - pageiii ---PAGE BREAK--- 2005-2007 COLLECTIVE BARGAINING AGREEMENT between CITY OFPASCO and PASCO POLICE OFFICERtS 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." WITNESSETH: It is recognized that continued harmonious 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 rational, common sense manner. ARTICLE I - 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 sergeant, corporal, and police officer. "Employee(s)" as used herein means and is limited to police department employees employed in the civil service classifications of sergeant, corporal, and police officer. ARTICLE II - Term and Scope of Agreement Section 1. Term. All provisions to take effect upon signing with the exception of economic issues and those issues with specific implementation dates. Section 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 2005 through 2007, the tenn 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 shaH remain in fulI 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 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 ofthe 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 III - 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. Provided, however, that the exercise of any or all ofthese rights shall not conflict with any provision ofthis Agreement. Such rights and prerogative include, but are not limited to, the following: 1. The establishment ofthe qualifications for employment and to employ employees. 2005-2007 Collective Bargaining Agreement between City of Pasco and The Pasco Police Officer's Association Uniformed Employees· Page 1 ---PAGE BREAK--- 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 ofthe 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 ofaJl vacationsand 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 ofwork 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 ofthe 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 IV - 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, biu-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 petformance ofthe 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. 2005-2007 Collective Bargaining Agreement between City ofPasco and The Pasco Police Officer's Association Uniformed Employees - Page 2 ---PAGE BREAK--- ARTICLE V. ~ 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. Provided, any employee disciplined by discharge, demotion, or suspension longer than three days, who has within twelve (12) months of the discipline received an Appeal Decision from the Pasco Civil Service Commission concerning conduct that is the same or similar to conduct upon which discipline is currently based, must use the statutory Civil Service appeal procedure and is precluded from using this grievance procedure. Grievances, as herein defined, shall otherwise be processed in the following manner: Section 1. Written Grievance to Division Captain. As soon as possible, but in no case later than fourteen (14) calendar days after the grievant knows or should have known ofthe event giving rise to the complaint, the grievant shall first submit in writing on a standardized form his complaint to his Division Captain, noting the essential facts, the provision(s) of the Collective Bargaining Agreement alleged to be violated and the relief sought. 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 submitted to him. Section 2. Written Grievance to Cbief of tbe Department. If the Captain 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 Captain, submit the grievance in writing to the Chief of Police. The writing shall include the original grievance filed with the Captain, tbe Captain's response and the objections to the Captain's response. The Chief of Police shall meet with the grievant and then respond to the grievant in writing of his decision within fourteen (14) calendar days following his receipt of the written grievance. Section 3. Grievance Appealed to City Manager. If the complaint is not settled, the employee may notify the City Manager in writing, by providing all the previous written filings and responses and his objections to the Chief's response within fourteen (14) calendar days from the date of his receipt of the Chief's 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 fourteen (14) calendar days of such hearing. Section 4. Grievance Appealed to Arbitration. Only a party to this Agreement may refer unsettled grievances that concern provisions ofthis Agreement to arbitration according to the following steps: A request for arbitration shall be in writing and shall be submitted to the other party within fourteen (14) calendar days following the date of the reply made in Section 3. Said appeal shall identify the previously filed grievance and set forth the issue(s) that the moving party seeks to have arbitrated. An arbitrator may 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, a joint request shall be made to the FMCS for a list of seven arbitrators. Selection shall be made by alternatively striking names from the list with the party striking first determined by coin toss. 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 2005-2007 Collective Bargaining Agreement between City ofPasco and The Pasco Police Officer's Association Uniformed Employees. Page 3 ---PAGE BREAK--- appropriate remedy..·The arbitrator shall have no power to change, delete from, add to or alter the terms ofthis Agreement. Ifpossible, the arbitrator shall also designate the losing party, Cd) The parties agree that the decision of the arbitrator shall be final and binding and implemented within thirty (30) calendar days foHowing the rendering ofthe decision. 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 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. If the arbitrator cannot designate which party is the loser, each party will pay one- half(l/2) ofthe cost ofthe arbitration. Each party shall bear the cost ofthe preparation of its own case. The taking of a grievance beyond Section 3 of this grievance procedure or to an appeal hearing of the Pasco Civil Service Commission constitutes an election of remedies and a waiver where lawful of all rights to litigate or otherwise contest the appealed subject matter in any court or other available forum. Likewise, litigation or the contest ofthe grievance subject matter in any court or other forum shall constitute an election of remedies and a waiver of right to arbitrate the matter. Section 5. Special provisions: The term "employee" or "grievant" as used in this article shall mean an individual employee, groupof employees, or the Association. An Association representative and/or aggrieved party shall be granted time off without loss of pay for the purpose of processing a grievance from Section 2 forward.. Any investigation undertaken by the Association upon the work site shall be conducted so as not to disturb the work ofuninvolved employees and only after advance notice to the department head. A grievance may be entertained or advanced to any step in the grievance procedure if the parties so jointly agree. The time limits as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration ofsuch extension oftime must be signed by both parties. 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 oftime. 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 cause, to meet with the Chief of Police or City Manager at their request on a grievance appeal to their office (Section 3 and 4) shall be deemed a waiver ofthe grievance and the grievant's right to further appeal. 2005-2007 Collective Bargaining Agreement between City ofPasco and The Pasco Police Officer's Association Uniformed Employees - Page 4 ---PAGE BREAK--- ARTICLE VI - Days Off Exchange Section 1. Shift Exchange. Employees shall have the right to exchange days off when the exchange does not interfere with the best interests of 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 ofthe day requested, excluding holidays and weekends, and be subject to the approval of the Chief of Police or his designee. Section 2. No Overtime Liability. A shift exchange shall not result in overtime 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 entitled to overtime. Where employees trade hours, each employee will be credited as if he or she had worked his or her normal work schedule for that shift. ARTICLE VIl- Sick Leave Section 1. Purpose. It is understood that sick leave is solely 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 opportunity. The Chief of Police, or his designee, may require a doctor's certificate, at his discretion. Section 2. LEOFF I. Employees hired under the LEOFF I Retirement System shall receive sick leave coverage in accordance with this section. Employees shall be granted paid sick leave covering periods of illness or involuntary physical incapacity that does not exceed five working days, up to the maximum extent of one hundred (l00) hours per year. An employee not having made application for disability retirement under Chapter 41.26 RCW after absence from work due to illness or injury for five continuous working days shall immediately confer with the Chief of Police or his designee regarding the nature and extent of their illness or injury and make application for disability retirement thereafter if requested to do so by the employer. Nothing herein shall be construed to infringe upon the right of an employee to file for LEOFF disability retirement (leave) at any time allowed by statute. Section 3. LEOFF II. Employees hired on or after October 1, 1977 (LEOFF II) shall accrue and receive sick leave benefits as follows: Accrual of Sick Leave. New employees beginning work for the City prior to midnight of the 15th of the month shall earn sick leave credits from the first of the month. AU employees beginning work for the City after 12;01 a.m. on the 16th of the month shall not earn sick leave credits until the 1st of the succeeding month. Sick leave shall accrue at the rate of eight hours for each month for each regular employee to a maximum accumulated sick leave of one hundred fifty (150) days. However, the severance benefit provided hereafter shall be based on the product of twenty-five· percent (25%) times the accrued number of sick leave days up to a total of ninety (90) days. Probationary Employees Accrual and Use of Sick Leave. i. Reporting. Neither a temporary, provisional or probationary employee is entitled to take paid sick leave, provided, however, a probationary employee shall be entitled to take paid sick leave after six months ofprobationary employment. A probationary employee shall earn sick leave credit in accordance with paragraph which shall be credited to him after six months of probationary employment. 2005-2007 Collective Bargaining Agreementbetween City ofPasco and The Pasco Police Officer's Association Uniformed Employees ~ Page 5 ---PAGE BREAK--- Sick Leave with Pay. Employees shall earn and may be granted time off with pay covering periods of illness for involuntary physical incapacity, except time off caused by accident connected with other gainful employment to the extent that sick leave has accrued. In order to be granted sick leave with pay, an employee must meet the following conditions: i. 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 Chief) and in as far in advance of the scheduled work as possible. Generally, this report shall be made no later than one-half(l/2) hourbefore the start of the shift. The notification must include the general experienced by the employee that cause the employee to claim sick leave. Failure to report any illness or injury may be considered an absence without pay and may subject the employee to discipline as well. ii. Medical Certification. If absence extends beyond three working days duration, the employee will be required, at the option of the Chief, to submit a medical certificate signed by a physician confirming the employee sickness or injury, that the employee has been unfit for work for the period of absence and is again able to return to work. The cost ofthe medical certificate shall be at the city's expense. iii. Medical Examination. Permit the city to make a medical examination or nursing visit if the city deems it so desirable. The expense of such a medical examination or nursing visitshall be paid by the city. Return to Work after Sick Leave. The city may require a certificate from an employee's physician stating that the employee is physically capable of returning to work. The city may, in addition and aUts expense, require the employee to be examined by a physician of the city's choice to determine the ability ofthe employee to safely perform his assigned tasks. Sick Leave - Payment in Lieu Thereof. An employee, at the time ofleavingthe city, except for any such employee who has not given at least two weeks written notice of their voluntary termination of employment with the city, shall have twenty-five percent (25%) of his or her accumulated and unused sick leave, up to an aggregate credit of ninety (90) days, paid to them in accordance with regular city payroll procedures. Section 4. Illnesses ofFamily Members. Serious Illness. In the event of a serious illness in the family of the employee, the employee, at his or her request, shall be granted time off utilizingeamed sick leave time. Definition Family. For the purpose of this section family shall be defined as follows: spouse, parent, children, grandparent of the employee and those same family members of the employees' spouse. Definition Serious Illness. Illness which requires ''treatment or supervision" means: 1. Any medical condition which requires medication that the family member cannot self- medicate; or 11. Any medical or mental condition that would endanger the family member's safety or recovery without the presence ofthe employee; or 2005-2007 Collective Bargaining Agreement between City ofPasco and The Pasco Police Officer's Association Uniformed Employees - Page 6 ---PAGE BREAK--- iii. Any condition warranting preventive health care, such as physical, dental, optical, or immunization services, when the employee must be present to authorize treatment or when sick leave may be used for the employee's preventive health care. IV. Sub-sections b) and c) above are not intended to include medical or mental health conditions that could adequately be supervised by a family member's regular care provider. v. When both the employee and his or her spouse are employed and eligible for family sick leave benefits under Chapter 49.12 RCW; the employee shall use reasonable efforts to equalize the use of family sick leave benefits between the employee and the employee's spouse. The employer may deny the use ofthis family sick leave benefit to an employee who does not exercise such reasonable efforts. Vi. Any employee shall return to work and complete 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 immediate family member's condition, completion of any required health care services, completion of a spouse work day, or other reason initially justifying the use of family sick leave. Definition children. "Children" means: 1. The natural ofthe employee. 11. The adopted child of the employee. Ill. The natural or adopted child ofthe employee's spouse; or IV. Underthe employee's legal guardianship, legal custody, or foster care. 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 calendar weeks, the employer, at the discretion of the Chief of Police, may require the employee to return to work on a light duty status. Work Assignments. A light duty status shall include work assignments within the Police Department assigned by the Chief that the employee is released by his or her treating physician to perform until a full release to return to work is authorized. See Article XX for Physical Examination Requirements. Rate of Pay/Required Duty. Employees on required light duty status shall be paid at one hundred percent (100%) oftheir normal rate of pay. Section 6. Paternity. Employees will be granted up to five consecutive days off without pay immediately after the birth of their child if sick leave is not otherwise available. The employee, at their option, may use accumulated sick or vacation leave benefits in order to avoid the loss of pay during the period of paternity leave. Section 7. Maternity. The City agrees to comply with all requirements ofFederal and State law as it pertains to Maternity leave. ARTICLE VIII - 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 eight hour work day or forty (40) hours of work in a seven day work 2005-2007 Collective Bargaining Agreement between City of Pasco and The Pasco Police Officer's Association Uniformed Employees - Page 7 ---PAGE BREAK--- period. Paid sick leave shall not be counted as hours worked for determining the eight-hour overtime threshold. Except as otherwise provided herein, overtime work shall be paid at the rate of one and one- half(I-1I2) times the employee's "regular rate ofpay" as thatterm is defined in the FLSA. Seetion 2. Payment for Call-back, Court, and Training. In addition to the compensatory time benefit provided in subsection XIV.3 for hours worked during a callback on certain holidays, overtime worked due to callback that is not an extension at the beginning or end of a normal shift shall be paid a minimum of three hours at the overtime rate. Overtime due to court appearances requiring less than one hour of the employee's time, shall be paid two hours at the employee's overtime rate. Otherwise, overtime due to time in court shall be paid a minimum of three 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 actually in the courtroom or required to be in the Public Safety Building prior to the giving of testimony. Provided, however, such minimums are paid only when callback for court time is not an extension at the beginning or end of a normal shift. If it is an extension· of the shift, either at the beginning or the end, it shall be at the overtime rate only for the actual time spent in court. In Service Training time (outside ofa scheduled shift) shall be paid at employee's straight time rate with a minimum of two 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 time shall be paid at time and one-half. Section 3. Other Rules. The following additional rules for overtime shall be followed: Travel Time. Travel time 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 work shift to cover the time reasonably required for travel when the training is more than fifty (50) miles from the City ofPasco. Sick Leave. Overtime shall not be allowed for class attendance while an employee is on sick leave or disability leave. Vacation Leave. Overtime shall not be allowed while an employee is on vacation leave, unless it is for a court appearance. Military Leave. No overtime will be allowed an employee who is on military leave. Witness Fees. Witness fees paid to officers by the court shall be 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 court, shall be excluded. Civil Payments. When civil witness fee payments of any kind are 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. Employees shall be allowed to accumulate 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. 2005-2007 Collective Bargaining Agreement between City of Pasco and The Pasco Police Officer's· Association Uniformed Employees - Page 8 ---PAGE BREAK--- Section 5. Compensatory Time Use: Absent mutual agreement otherwise, employee requests to utilize compensatory time off shall be made five days in advance. The City shall process the request to use compensatory time within two business days. Once approved, camp 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, the request for compensatory time shall take precedence. However, previously approved vacation requests will not be cancelled to accommodate a subsequently received comp time request. The City may, in its sole discretion, deny compensatory time off in thefollowing situations: A. New Year's Eve, Cinco de Mayo Festival, Fourth of July Celebration, Fiery Foods Festival, and Water Follies Weekend; 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 Annual Conversion: In December of each year, each employee must elect to convert to vacation hours, or to receive compensation for, ora 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 XIV Section 1(b). The city shall, based upon each employee'S request, either convert to vacation hours or pay employees for accrued but unused compensatory hours over forty (40) hours during the first full pay period in December each year. The value of accrued but unused compensatory hours for payment purposes shall be determined by multiplying the number ofhours 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 officer may notexceed the maximum accrual of vacation hours for any reason including the conversion ofcompensatory 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 IX ~ Bereavement In the event of a death in the immediate family of an employee, the employee shall be granted up to four days off with pay. Additional leave for such purpose may be taken and charged to other earned leave upon authorization of the Police Chief. Documentation of the need for such leave maybe required by the city. Immediate family for these purposes shall be defined as faHaws: 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 X - Medical, Dental and Life Insurance Section 1. Medical and Dental Insurance for Employees and Dependents. During the term ofthis agreement, the following shaH apply: The city will pay up to Four Hundred and Forty Dollars ($440) per month per employee for medical and dental insurance. 2005-2007 Collective Bargaining Agreement between City ofPasco and The Pasco Police Officer's Association Uniformed Employees· Page 9 ---PAGE BREAK--- The.employee and the employer will share any rate increases resulting in a premium over Four Hundred Forty Dollars ($440) on a fifty-fifty basis up to a total premium of Five Hundred Seventy Two Dollars ($572) per month for medical and dental insurance. The employer will pay any excess premiums above the Five Hundred Seventy Two Dollars ($572) per month. Effective January 1, 2007, change premium contribution to 90% Employer / 10% Employee contribution with a $78.50 maximum cap on employee contributions. Effective January 1, 2007, add the employer's existing "Wellness" program to the employees' coverage. The City retains the right to maintain a self-insurance program or to select insurance carriers, for the purpose of containing premium rate increases. The City agrees to provide a medical and dental insurance plan that is at least substantially equivalent 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. iL 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 (l00%) to Five Hundred Dollars ($500) and not subject to the deductible. Provided, the employer may, at its discretion on or after January I, 1998, eliminate the exceptions for accident expenses from the co-insurance and deductible requirements, but only in the event the employer effects such changes for all employee groups covered under the city's medical insurance program. Ill. A maximum Twenty-Five Dollar ($25) deductible per person per calendar year on dental to a maximum of Seventy-Five Dollars ($75) per covered family for Class 2 and Class 3 dental expenses. The deductible will not apply to Class 1 dental expenses~ Le. 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 One Thousand Five Hundred Dollars ($1500) per person. Section 2. Vision Care. LEOFF IT officers shall be eligible for reimbursement to an annual maximum of Two Hundred Dollars ($200) for the combined usual and customary charges for visual examination, corrective lenses, frames. The program will not cover oversize, photo-gray, or decorative glasses. An examination and new lenses may be obtained every twelve (12) months, but only if the latter are medically required. Repair and/or replacement ofbroken or lost glasses are not eligible expenses. Ifthe City offers a