COLLECTIVE BARGAINING AGREEMENT BETWEEN KITSAP ...

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

KITSAP COUNTY

AND

KITSAP COUNTY 911 EMPLOYEES’ GUILD

COLLECTIVE BARGAINING AGREEMENT

KC-216-16

January 1, 2016 through TBD

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TABLE OF CONTENTS

SECTION 1- RECOGNITION................................................................................................................... 1 SECTION 2 - GUILD SECURITY ............................................................................................................ 2 SECTION 3 - GUILD/EMPLOYER RELATIONS ................................................................................. 3 SECTION 4 - DEFINITIONS.................................................................................................................... 3 SECTION 5 – NON-DISCRIMINATION ................................................................................................ 5 SECTION 6 – MANAGEMENT/EMPLOYEE RIGHTS ....................................................................... 5 SECTION 7 – GUILDS OFFICIALS’ TIME OFF ................................................................................... 6 SECTION 8 – GRIEVANCE PROCEDURE ............................................................................................ 6 SECTION 9 – PERSONNEL FILES ......................................................................................................... 9 SECTION 10 – JOB VACANCIES ......................................................................................................... 10 SECTION 11 - PROMOTIONS ............................................................................................................. 10 SECTION 12 - TRANSFER ................................................................................................................... 11 SECTION 13 – LAYOFFS AND RECALL PROCEDURES ............................................................... 11 SECTION 14 – EMPLOYEE DISCIPLINE .......................................................................................... 12 SECTION 15 – PAY PERIODS ............................................................................................................. 14 SECTION 16 – NO-STRIKE CLAUSE ................................................................................................. 14 SECTION 17 – WORK PERFORMED IN HIGHER CLASSIFICATION ........................................ 14 SECTION 18 – JOB-SHARING POLICY ............................................................................................. 16 SECTION 19 – PROBATIONARY PERIOD ...................................................................................... 16

COLLECTIVE BARGAINING AGREEMENT between County of Kitsap, and Kitsap County 911 Employees Guild

SECTION 20 – WAGES AND COST OF LIVING ADJUSTMENTS ................................................ 17 SECTION 21 – SALARY STEPS AND EVALUATIONS ................................................................... 17 SECTION 22 – LONGEVITY BONUS ................................................................................................. 20 SECTION 23 – SHIFT DIFFERENTIAL PAY .................................................................................... 21 SECTION 24 – MILEAGE REIMBURSEMENT ................................................................................. 21 SECTION 25 – HOURS OF WORK ..................................................................................................... 22 SECTION 26 – OVERTIME .................................................................................................................. 26 SECTION 27 – INSURANCE ................................................................................................................ 29 SECTION 28 – STANDBY PAY ........................................................................................................... 31 SECTION 29 – CALL-BACK ................................................................................................................. 32 SECTION 30 – HOLIDAYS ................................................................................................................... 32 SECTION 31 – ANNUAL LEAVE ......................................................................................................... 33 SECTION 32 – SICK LEAVE ................................................................................................................. 34 SECTION 33 – BEREAVEMENT LEAVE ........................................................................................... 38 SECTION 34 – CIVIL LEAVE ............................................................................................................... 38 SECTION 35 – MILITARY LEAVE...................................................................................................... 39 SECTION 36 – LEAVE OF ABSENCE WITHOUT PAY ................................................................... 39 SECTION 37 – ABSENCE WITHOUT AUTHORIZED LEAVE ...................................................... 40 SECTION 38 – FAMILY MEDICAL LEAVE (FMLA) ....................................................................... 40 SECTION 39 – ADMINISTRATIVE LEAVE ...................................................................................... 40 SECTION 40 – TERM OF AGREEMENT ........................................................................................... 41 SECTION 41 – COMMUTE TRIP REDUCTION ............................................................................... 41 SECTION 42 – SAVINGS CLAUSE ...................................................................................................... 41

SECTION 43 – ENTIRE AGREEMENT CLAUSE .............................................................................. 41 SECTION 44 – ADOPTION AND RATIFICATION .......................................................................... 42 APPENDIX A – INVESTIGATION PROCEDURES .......................................................................... 43 APPENDIX B – EXAMPLES OF APPLICATION OF OVERTIME AND PREMIUM PAY PROVISIONS .................................................................................... 49 APPENDIX C – TECHNICAL SYSTEMS SUPERVISOR (LABOR MARKET SKILL SHORTAGE PREMIUM) .............................................................................................. 51 APPENDIX D – SALARY SCHEDULE: 2016 .................................................................................... 51 APPENDIX E – OVERTIME DISTRIBUTION .................................................................................. 54 APPENDIX F – ALCOHOL AND CONTROLLED SUBSTANCES POLICY ................................... 62 ATTACHMENT 1 – CHAPTER 12 – DISCIPLINE AND DISCHARGE ........................................ 67 KITSAP COUNTY PERSONNEL MANUAL ATTACHMENT 2 – 2016 HEALTH BENEFITS RATES ............................................................... 69 ATTACHMENT 3 – CHAPTER 9 – EMPLOYEE BENEFITS ......................................................... 70 KITSAP COUNTY PERSONNEL MANUAL ATTACHMENT 4 – DEFINITIONS APPLICABLE TO SECTION 32 – SICK LEAVE ................ 71 KITSAP COUNTY PERSONNEL MANUAL ATTACHMENT 5 – CHAPTER 15 – RECORDS AND REPORTS ................................................. 72 KITSAP COUNTY PERSONNEL MANUAL

KC-216-16 911 Employees Guild CBA (1/1/16-TBD) 1

COLLECTIVE BARGAINING AGREEMENT KC-216-16

This Agreement is made and entered into by and between the County of Kitsap, hereinafter known as the “Employer” and Kitsap County 911 Employees’ Guild, hereinafter known as the “Guild,” to meet the requirements set forth in Chapter 41.56 of the Revised Code of Washington. The purpose of this document is to set forth the wages, hours and working conditions for said Guild’s bargaining unit for the term herein below provided. SECTION 1 – RECOGNITION A. The Employer recognizes the Guild as the exclusive bargaining representative for

the following bargaining units within Kitsap County Central Communications (CENCOM) as certified by the Public Employment Relations Commission:

1. Regular full-time and regular part-time employees of CENCOM, excluding

employees whose positions are covered by another bargaining unit, supervisors, managers and confidential employees. (For example, employees within the following classifications: Emergency Telecommunicator Trainee, Emergency Telecommunicator, Operations Support Technician, Fiscal Technician, Office Assistant, Primary Call Receiver, Communications Center Tech, and Programmer Analyst.)

2. Regular full-time and regular part-time supervisory employees of CENCOM,

excluding employees whose positions are covered by another bargaining unit, managers, and confidential employees. (For example, employees within the following classifications: Shift Supervisor, Assistant Supervisor, Data Systems Engineer, and Technical Systems Supervisor.)

3. In addition to regular employees, and only for the purposes of identifying bargaining unit eligibility, in accordance with WAC 391-35-350 (1), all: (a) part-time extra help on-call employees; and (b) any term limited extra help employee who performs the work traditionally and historically done by the Technical Systems Supervisor prior to 9/1/15 and who work more than 347 hours per calendar year, (or one-sixth of the regular annual hours normally worked by full-time employees), are included in one the bargaining units identified in sub-paragraphs one (1) and two (2) of this paragraph depending on job classification. During January of each calendar year, CENCOM shall review the number of hours worked by part-time extra help on-call employees in the preceding calendar year to determine which employees meet the “one-sixth” test to be included in this bargaining unit.

B. The parties mutually recognize the value of consolidating the two separate

Collective Bargaining Agreements into a single master agreement with separate


addendums while at the same time desiring to continue their recognition of two separate bargaining units.

C. The parties further recognize that this Agreement is subject to independent

ratification by both bargaining units; Provided that, in the event one bargaining unit ratifies the Agreement but the other declines to do so, the Agreement will be executed as to the ratifying bargaining unit.

D. The County agrees to give reasonably prompt notice to the Guild of all current, and newly hired, extra-help employees employed at CENCOM.

SECTION 2 – GUILD SECURITY A. All employees recognized in Section 1 who are members of the Guild in good

standing on the effective date of this Agreement, shall remain members in good standing during the term of this Agreement, and those who are not members on the effective date of the Agreement shall, on the 31st day following the effective date of this Agreement, become and remain members in good standing in the Guild. It shall be a condition of employment that all employees covered by this Agreement hired on or after its effective date shall, on the 31st day following the beginning of such employment, become and remain members in good standing in the Guild; Provided that, if a public employee is a member of a church or religious body whose bona fide religious tenets or teachings forbid such public employee to be a member of a labor Guild, such public employee shall pay an amount of money equivalent to the regular Guild dues, assessments and initiation fees of the Guild to a non-religious charity or to another charitable organization mutually agreed upon by the employee and the Guild. The employee shall furnish written proof to the Guild that such payment has been made. If the Employee and the Guild do not reach an agreement on the choice of the non-religious charity to which the Guild dues, assessments and initiation fee are to be paid, the Public Employment Relations Commission shall designate the charitable organization. This shall apply only to public employees as introduced in RCW 41.56.030(2).

B. The Employer shall notify the Guild monthly of any new employee coming under the

terms of this Agreement. C. The Guild agrees that membership in the Guild will not be denied or terminated for

any reason other than failure of an employee covered by this Agreement to tender the periodic dues, assessments, and initiation fees uniformly required as a condition of acquiring or retaining membership in the Guild.

D. The Guild agrees that the Employer shall not terminate the employment of any

employee under the security clause provisions of this Agreement until written notification is received from the Guild that an employee has failed to pay the required dues or fees, or provide proof of an alternative payment based on religious tenets as provided herein above.


E. The Guild shall provide thirty (30) days written notice to the employee with copy to

Employer, that unless restitution for any dues or fees overdue are made, discharge action will be taken. Should the employee make total restitution for dues arrearages, the discharge request shall be withdrawn by the Guild.

F. Upon written authorization of an employee, the Employer shall deduct monthly

dues and assessments or fees from the salary of such employee, and shall transmit such amount to the Guild.

G. The Guild shall hold the Employer harmless against any claims brought against the

Employer by an employee arising out of the Employer making a good faith effort to comply with this Section.

SECTION 3 – GUILD/EMPLOYER RELATIONS All collective bargaining regarding wages, hours, and working conditions of employment shall be conducted by authorized representatives of the Guild and Employer. The Employer and Guild recognize the importance of a reliable work force to provide quality services to the citizens of the County. The Employer will promote a reliable work force by providing competitive wages and benefits. The Guild members will strive to provide the best services possible to the citizens of the County. SECTION 4 – DEFINITIONS As used herein, terms shall be defined as follows: A. Employee:

1. Part-time Extra-Help/On-Call Employee: A non-budgeted, extra help/on-call employee who works more than 347 hours per calendar year (or one-sixth of the regular annual hours normally worked by full-time employees), shall be compensated according to the terms in the CBA. These employees shall not otherwise receive any employment based benefits, except as specifically provided for in this Agreement, per County Resolution 161-2012, or as otherwise required by law. During January of each calendar year, the County shall review the number of hours worked by part-time extra help on-call employees in the preceding calendar year to determine which employees meet the one-sixth test to be included in this bargaining unit. Except as expressly provided in this Contract Amendment, all other terms and conditions of employment for Extra Help employees shall be determined by Resolution 161-2012.

2. Full-time Employee: A regular employee in a budgeted position who is hired

to work either a predetermined schedule of at least 40 hours per week, or a rotating schedule of 40 hours per cycle as described in Section 25.


3. Part-time Employee: A regular employee in a budgeted position who is hired

to work a predetermined schedule of either 40 hours or more in a two week pay period but less than 80 hours in a two week pay period, or a rotating schedule of at least 40 hours but less than 80 hours per two cycles.

4. Probationary Employee: A non-regular employee serving a test period of

work evaluation as a new employee or a promoted employee prior to regular status as a new or promoted employee.

5. Regular Employee: An employee, in a budgeted position, who has

successfully completed his or her probationary employment period. Regular employees are credited with continuous service from the date of hire into a budgeted position.

B. Continuous Service: The length of service by an employee which includes periods of

authorized paid leave. An employee who terminates and is re-employed within thirty (30) days or who is laid off and re-employed or re-called within one (1) year from the date of the layoff shall have his/her continuous service date adjusted by the time between termination and re-employment. All benefits based on length of service shall be computed on the basis of continuous service, except as may be otherwise specified on step increases and longevity.

C. Reclassification: An increase/decrease in the level of responsibilities, tasks and

duties of a position which changes areas of emphasis, the level of skill required and qualification requirements as they relate to the current position. A reclassification upgrade is not to be used as a merit raise or as a reward for employment longevity, nor is it to be used to reflect an increased volume of work at the same level of responsibility that the incumbent is currently performing. Due to an overall increase/decrease in responsibilities of a position, the monetary compensation (pay range) established for the position may increase or decrease. The Board of County Commissioners must approve a reclassification before an employee may be compensated for any change in compensation resulting from a reclassification. Any change in classification will be negotiated to the extent it is a mandatory subject of bargaining.

D. Director: Director of Kitsap County Central Communications (CENCOM) or the

director’s designee. E. Work Month (or full month): Any calendar month in which a probationary or

regular full-time employee is in a paid status for at least 112 hours or any calendar month in which a probationary or regular part-time employee is in a paid status for at least 65% of their regularly scheduled hours.


F. Registered Domestic Partner (RDP): The domestic partner of a Kitsap County regular full-time or regular part-time employee who is registered in Washington State’s Domestic Partner registry, consistent with its terms and conditions.

SECTION 5 – NON-DISCRIMINATION A. Neither the Employer, Guild, nor any employee, shall in any manner whatsoever

discriminate against any employee on the basis of race, creed, color, religion, national origin, sex, marital status, sexual orientation, gender identity, age, veteran status, HIV status, the presence of any sensory, mental or physical disability, or the use of a trained dog guide or service animal by a person with a disability.

B. Where the masculine or feminine gender is used in this Agreement, it is used solely

for the purpose of illustration, and shall not be construed to indicate the required sex of any employee or job applicant.

C. No employee shall be discharged or discriminated against for upholding lawful

Guild activities, fulfilling duties as an officer in the Guild or serving on a Guild committee or member thereof as set forth herein.

SECTION 6 – MANAGEMENT/EMPLOYEE RIGHTS A. All management rights, powers, authority and functions, whether heretofore, or

hereafter exercised, and regardless of the frequency or infrequency of their exercise, shall remain vested exclusively in Employer. It is expressly recognized that such rights, powers, authority and functions include, but are by no means whatsoever limited to, the full and exclusive control, management and operation of its business and affairs; the determination of the scope of its activities, business to be transacted, functions to be performed, the methods pertaining thereto; the determination of the number, size, and location of its offices and places of business and equipment to be utilized, and the layout thereof; the right to establish or change shifts, schedules of work and standards of performance within the parameters of this Agreement, the right to establish, change, combine or eliminate jobs, positions, job classifications and descriptions within the parameters of this Agreement; the right to establish new or change existing procedures, methods, processes, facilities, machinery and equipment or make technological changes; the right to utilize on-call employees without restriction; the right to maintain order and efficiency; the right to designate the work and functions to be performed, the right to establish, administer, or change bonus, incentive or merit compensation plans beyond those identified in this Agreement, the right to make and enforce safety and security rules of conduct; the right to discipline or discharge employees for just cause; the determination of the number of employees and the direction of the employees.

B. Employer and Guild agree that the above statement of management rights is for

illustrative purposes only, and is not to be construed or interpreted so as to exclude those prerogatives not mentioned which are inherent to management, including


those prerogatives granted by law. It is the intention of the parties that the rights, powers, authority, and functions of management shall remain exclusively vested in the Employer, except insofar as expressly and specifically surrendered or limited by the express provision of this Agreement.

SECTION 7 – GUILD OFFICIALS’ TIME OFF Employees in the Bargaining Unit (Guild Representative, Guild Executive Board members and/or members of the negotiating committee) shall be granted reasonable time off while engaged in official Guild/Employer business involving contractual matters, such as attending a grievance meeting, labor-management meeting, or negotiations, Provided: A. Employees shall notify the Director at the earliest time the employee is made aware

of the need to be absent and the Director determines that such temporary absence shall not cause unacceptable disruption of services.

B. Employees may transact occasional and limited Guild discussions while working on

shift, provided it causes no disruption, and does not interfere with any duties. C. Employees may use their County e-mail accounts to communicate guild business to

the employer. No other use of the e-mail system to conduct guild business is allowed.

D. The Guild shall be allowed use of bulletin board space for the purpose of posting

health and safety information, meeting notices, newsletters and other Guild information provided that no notices of a discriminatory or political nature (except to the extent allowed by law), nor notices that would be offensive to a reasonable person, shall be posted. Each posting shall be initialed and dated by the Guild Official responsible for the posting.

E. Guild officials shall be permitted to post Guild notices or to distribute Guild

literature, which shall be restricted to the employees’ lounges, bulletin boards, employee mail boxes or other non-public or non-work areas.

F. The Guild agrees to provide the Employer with an updated list of Official Guild

Officers and Stewards within thirty (30) calendar days of their appointment. G. The Employer agrees that non-employee representatives of the Guild shall have

reasonable access to the premises of the Employer during working hours with advance notice to and approval of the Director. Such visitations shall be for the reasons of the administration of this Agreement. The Guild agrees that such activities shall not interfere with the normal work duties of employees. The Employer reserves the right to designate a meeting place.


SECTION 8 – GRIEVANCE PROCEDURE A. Definition: A grievance shall be defined as a dispute or disagreement arising

between the employee and the Employer with regard to the interpretation or application of the specific provisions of this Agreement. Specifically excluded from further recourse to the grievance procedure are grievances that have been processed and decided; and grievances not presented within the time limits established in this Section.

B. The Guild, employee, or group of employees who may feel aggrieved by the

Employer’s interpretation or application of the terms of this Agreement may seek a remedy by the procedure provided in this Agreement.

C. Guild Representation: Throughout the grievance procedure, an aggrieved employee

shall be represented by the Guild; Provided, any employee, at any time, may present his/her grievance without the intervention of the Guild if the remedy is not inconsistent with the terms of the Collective Bargaining Agreement, and the Guild has been given reasonable opportunity to be present at any initial meeting called for the resolution of such grievance.

D. Time Limits: Any time limits stipulated in this Section may be extended for stated

periods of time, by the parties, by mutual written agreement, and any step or steps of the procedure may be waived by mutual written agreement in an effort to expedite the matter. If an aggrieved employee fails to advance his or her grievance to the next step in the grievance procedure within the specified time limit, and in the specified manner, the grievance shall be considered settled. The employer’s failure to respond within the time limit at any step in the procedure shall permit the aggrieved employee to advance his or her grievance to the next step of the procedure. Where time limits are expressed in working days, “working days” shall mean Monday through Friday, provided that holidays or days that the Kitsap County Courthouse is not open will not be counted toward the time limits.

E. Procedure:

1. Step 1 – Oral Discussion. Within ten (10) working days of the occurrence which gave rise to the grievance, or within ten (10) working days after the employee or the Guild has knowledge of the event giving rise to the grievance, the employee and his/her shop steward, or representative of the Guild, shall discuss the grievance with a designated member of management (such as through an in person meeting, a telephone call, or an e-mail). The Guild will be deemed to have knowledge of any event upon one of the following: (a) actual knowledge of a Guild Officer, (b) receipt of actual notice by a Guild Officer, or c) within sixty (60) calendar days of the occurrence of the event, whichever comes first. The member of management shall notify the employee of his/her decision on the grievance or provide a reason for a delay in the response within ten (10) working days after the discussion with


the employee, or the grievance shall be deemed denied. Step 1 is a required step, except in cases of suspension and terminations (can go directly to Step 2 in such cases) or, unless waived by the Employer’s Policy Prohibiting Discrimination and Harassment, in which case the employee may elect to bypass step one, and proceed directly to step two within ten (10) working days.

2. Step 2 – Written Grievance. If there is no timely response or satisfaction at

Step One, then within ten (10) working days after receipt of the response, or expiration of the time for response, the employee and/or the Guild representative shall reduce to writing a statement of the grievance or complaint which shall contain the following: (a) the facts upon which the grievance is based; (b) reference to the section or sections of the Agreement alleged to have been violated; and (c) the remedy sought. The written grievance shall be filed with the Director. The Director shall conduct an investigation, and shall notify the aggrieved employee and the Guild in writing of the decision, and the reasons therefore within ten (10) working days after receipt of the written grievance.

3. Step 3: If there is no timely response or satisfaction at Step 2, then within ten

(10) working days after receipt of the Director’s response, the employee and the Guild representative may present the grievance, in writing, to the County Administrator or the Administrator’s designee; Upon receipt of the grievance, the Administrator or the Administrator’s designee, shall within ten (10) working days schedule a grievance hearing and within thirty (30) working days hear the grievance, and within ten (10) working days thereafter issue to the Guild a written decision.

4. Step 4 – Arbitration. If a satisfactory settlement is not reached, or no timely

response received at Step 3, then the Guild or the Employer may, within fifteen (15) working days, request arbitration under the procedures described below:

a. Arbitrator Selection. In regard to each case reaching Step 4, the

parties will attempt to agree on an arbitrator to hear and decide the particular case. If the parties are unable to agree to an arbitrator within ten (10) working days of the submission of the written request for arbitration, either party may request a list of nine (9) names from the Federal Mediation and Conciliation Service (FMCS) within five (5) working days of the parties’ failure to mutually agree upon an arbitrator. The FMCS list shall only contain names from the sub-regional panel from Washington and Oregon. The cost of such list shall be borne equally by both parties. The parties shall flip a coin to determine who strikes first, with each side alternately striking names until an arbitrator is selected.


b. Hearing. The arbitrator shall hold a hearing and accept pertinent evidence submitted by both parties, and shall be empowered to request such data as he/she deems pertinent to the grievance. Each party to the proceedings may call such witnesses as may be necessary. Such testimony shall be limited to matters that are relevant to the written statement of grievance, of which relevance is to be solely and finally decided by the arbitrator. The arguments of the parties may be supported by oral comment and rebuttal. The hearing shall be kept private, and shall include only the parties in interest and/or their designated representative(s) and witnesses.

c. Authority of the Arbitrator. The arbitrator shall be authorized to rule

and issue a decision in writing on the issue presented for arbitration, which decision shall be final and binding on both parties. The arbitrator shall rule only on the basis of information presented in the hearing before him/her, and shall refuse to receive any information after hearing, except when there is mutual agreement, and in the presence of both parties. The arbitrator shall have no power to render a decision that will add to, subtract from alter, change, or modify the terms of this Agreement, and the arbitrator’s power shall be limited to interpretation and application of the express terms of this Agreement. The arbitrator’s decision shall be made in writing, and if either party wishes to submit post-hearing briefs, said brief(s) may be submitted to the arbitrator on a date within thirty (30) calendar days of the close of hearing. The brief submission date shall be agreed upon by the parties, or if they are unable to agree on a date, designated by the arbitrator. In case briefing is submitted, the arbitrator’s written decision shall be issued to the parties within thirty (30) calendar days of submission of the briefs.

d. Cost of Arbitration. Guild and Employer shall pay any compensation and expenses relating to its own witnesses or representatives. If either party requests a stenographic record of the hearing, the cost of said record will be paid by the party requesting it. If the other party also requests a copy, the party will pay one-half of the stenographic costs. The fee and expenses of the arbitrator shall be borne equally by both parties.

SECTION 9 – PERSONNEL FILES The official personnel file for each employee shall be maintained in the Human Resources Department. The employee and/or an authorized representative may examine the employee’s personnel file in the Human Resources Department. Material to be placed in the employee's file relating to job performance or personal character after July 28, 1985, shall be brought to the employee’s attention and signed by the employee prior to placement in the file. The employee’s signature is mandatory, and only indicates


acknowledgment, not agreement. In the event an employee refuses to sign a document, the Employer may note the employee’s refusal on the document itself. An employee may challenge the propriety of any material in the files. If, after discussion, management retains the material in the file, the employee shall have the right to insert contrary documentation into the file. If the affected employee believes that a deficiency has been corrected by later action, he/she may request, in writing, to have a review of this action included in the file. Unauthorized persons shall not have access to employee files or other personal data relating to the employee. (Reference RCW 49.12 as amended) SECTION 10 – JOB VACANCIES A. The Director shall post notices of job vacancies for both new and existing positions

in one of the following ways, at the Director's option, within this Bargaining Unit:

1. Promotions. The Director may fill a job vacancy from within CENCOM through an internal departmental posting. Such notice shall be posted a minimum of five (5) working days before filling the job vacancy.

2. Internal Posting. The Director may post notice of a job vacancy for County

employees only, instead of, or prior to, doing an outside posting to the general public. Such notice shall be posted a minimum of five (5) working days before filling the job vacancy.

3. Outside Posting. The Director may post notice of a job vacancy to the general

public. In general, such notice shall be posted for a minimum of ten (10) working days but at the option of the Director, the notice may be posted for a minimum of five (5) working days before filling the job vacancy.

B. Candidate List: CENCOM shall maintain an unpublished candidate list consisting of

applicants who have successfully passed the candidate evaluation process for that position. Applicants shall be placed on the list in order of their candidate evaluation process ranking. The candidate list shall remain in effect for a period of not less than six (6) months from the date the list is established. If a vacancy occurs in that position during the duration of the list, CENCOM shall promote from the list, considering the three (3) highest ranked applicants who are eligible for appointment at that time. CENCOM reserves the right to establish a new candidate list when there are less than three (3) eligible candidates on the list. CENCOM may cancel a list at the discretion of the Director if the Director finds there have been irregularities in the candidate evaluation process.

SECTION 11 – PROMOTIONS A promotion is an appointment to a higher job classification within CENCOM. A job classification is considered “higher” than another job classification if: (1) it is part of a class of pay grades (e.g.: the CENCOM “C00” class) with successively higher wage grades, or (2) it is part of a different class of pay grades and the bottom and top pay steps in the pay scale


are at least 4.5% higher than the other job classification. When an employee is promoted from one classification to another within CENCOM, the employee will be assigned to a step in the new classification’s pay scale so that the employee’s actual pay rate for the position into which the employee is promoted shall be not less than 4.5% greater than the employee’s pay rate at the formerly held position and/or greater than the pay rate the employee would have been entitled to had the employee retained the formerly held position for ninety (90) additional days. Provided, however, this section does not create a new step; step placement will be on the established pay scale for that position. If the promoted employee fails the probationary period, she or he will be returned to the same or a similar position from which she or he was promoted so long as the position is within the same bargaining unit. SECTION 12 – TRANSFER A transfer is the change of an employee from one position to another position within CENCOM in the same class or in another class with the same or lower maximum salary without competition. In addition, a transfer is a change from one position to another position that is not a promotion as defined in Section 11. Upon agreement by the Director and an employee, or to meet the needs of the Employer, a transfer may be made. An employee transferring to a new position should possess the minimum qualifications for that position and be subject to a six (6) month trial service period. The transferred employee may be provided the right to retreat as determined, in writing, by the Director at the time of transfer. An employee transferred to a different classification will retain his/her current pay rate or be placed on a new pay scale as near to their previous wage as possible, if mutually agreed in advance. SECTION 13 – LAYOFFS AND RECALL PROCEDURES Definition: For the purpose of layoff, seniority shall be defined as the employee’s length of continuous service within CENCOM unless otherwise denoted herein. A. Recognition of Rights of Supervisory Unit Members: Supervisory employees may

revert into positions within the CENCOM non-supervisor bargaining unit for which they are currently qualified as solely determined by the Director. Subject to the qualification provision above, reversion to the non-supervisory unit will be based on the employee’s length of continuous service with CENCOM.

B. Layoff Procedures: In the event of a layoff, seniority, performance and ability

(including special skills needed to perform a particular assignment within a classification) shall be the factors in determining which employees, within the affected classification will be laid off. When ability and performance are substantially equal, seniority shall be the determining factor. Performance shall be determined by use of the employee’s performance evaluations within the last two years within the affected classification. Ability shall be determined by the existence


of special skills, credentials, or other qualifications required in a particular job assignment as evidenced by the job description or announcement of hiring.

1. No regular employee shall be laid off while there are extra help or new

probationary employees serving within the affected classification within CENCOM. Employees laid off shall be given two (2) weeks’ notice in writing or, at the Employer’s option, two (2) weeks separation pay.

C. Recall: When the Employer rehires after a layoff has occurred, the Employer shall

first attempt to rehire those employees who were laid off from the affected classification within the previous year in the reverse order of their layoff, if they are available for work. In addition, employees laid off within the previous year may be considered, if available for work, for positions of equal or lower classifications for which they meet the minimum qualifications. Employees who refuse recall into their former job classification shall relinquish their recall and re-employment rights under this Agreement.

1. It should be the responsibility of the employee on layoff to inform the

Employer of any change of his/her address. Notification of recall shall be by registered mail, and employee’s response required within ten (10) days of notification.

D. Employees laid off from their classification(s) may “bump” the least senior

employee in an equal or lower classification previously held by the employee within the same bargaining unit for which he/she is qualified to perform.

E. Employees laid off from employment and recalled or re-employed within one year

from the date of layoff shall have their seniority and length of “continuous service” restored for purposes of computing fringe benefits, except that the period of layoff shall not be counted. Laid off employees shall retain seniority for recall and re-employment purposes for twelve (12) months following the effective date of the layoff. Fringe benefits shall include annual leave, sick leave and longevity. Employees reinstated within that twelve (12) month period shall have any unused, accrued sick leave balances restored upon reinstatement.

SECTION 14 – EMPLOYEE DISCIPLINE A. The Employer shall administer progressive disciplinary action for just cause in

accordance with the following procedures, including the presence of a Guild representative upon request.

1. Step 1 – Oral Warning. Oral warnings shall be used for minor offenses, such

as unsatisfactory work habits/performance. The supervisor shall discuss the offense, and warn the employee not to repeat the behavior. Repeated violations of this category may result in written warning, or more severe disciplinary action. The employee must acknowledge receipt of the oral


warning by signing documentation of the oral warning for the Employer’s records. An oral warning shall not be subject to the grievance procedure.

2. Step 2 – Written Reprimand or Warning. Written warning shall be used for

more serious problems or offenses, such as misconduct resulting in poor job performance as a first step, or for repeated incidents where an oral warning has failed to correct behavior. This warning shall be in the form of a signed letter by the supervisor to the employee to avoid further discipline. Copies of such warnings shall be kept in the employee’s confidential file in the Human Resources Department. Copies of any such written warnings may be sent to the Guild at the employee’s request.

3. Step 3 – Suspension Without Pay. Suspension without pay may be

administered short of discharge when the offense is of a serious enough nature usually sufficient for discharge, but when circumstances related to an employee’s overall performance would not warrant immediate discharge, or when the inappropriate conduct or performance has continued subsequent to written warnings. At the Director’s option, an employee’s accrued annual leave and/or compensatory time balance may be reduced by an amount equal to the imposed suspension, in lieu of the suspension without pay. Such action shall be equivalent to a suspension without pay for all purposes.

4. Step 4 – Discharge. Instances which warrant discharge without a prior

warning notice or suspension may include, but shall not be limited to, such conduct as insubordination, theft, being under the influence of alcohol or drugs, and illegal or destructive acts while on the job; or conduct on or off the job which directly affects the employee’s ability to perform his/her job or his/her ability to work with co-workers or customer agency personnel. Examples of such unacceptable conduct include, but are not limited to, violating policies or procedures when such violation damages, in the professional judgment of the Director, client agency trust or rapport with CENCOM. Repeated offenses may warrant the discharge of an employee, if such conduct has been documented by the Employer. A Pre-termination Hearing shall be conducted prior to any discharging of an employee. The hearing may be informal in nature and shall be conducted by the Director. The Employer shall not discharge any employee without just cause.

B. Any pre-disciplinary hearing will be consistent with the employee’s Loudermill

rights and the Guild’s Weingarten rights at Step 3 as well as at Step 4 of the discipline process set forth above.

C. Chapter 12, Section B, of the County’s Personnel Manual as amended on September

1, 2001 contains a non-exclusive list of violations and acts of misconduct that constitute reasonable written rules on which disciplinary action may be based. (Attachment 1)


SECTION 15 – PAY PERIODS Employees shall be paid on a biweekly pay schedule. Unless otherwise designated under Section 25, the pay period for all employees shall be every two (2) weeks commencing at 12:01 am. on Monday and ending at 12:00 midnight on Sunday. Employees shall receive their biweekly checks no later than the Friday following the close of the pay period. SECTION 16 – NO-STRIKE CLAUSE A. The Guild and Employer agree that nothing contained in RCW 41.56.120 shall

permit or grant any public employee the right to strike or refuse to perform his or her official duties.

B. The Employer and the Guild agree that the public interest requires the efficient and

uninterrupted performance of all services, and to this end pledge their best efforts to avoid or eliminate any conduct contrary to this objective. The Guild and/or the employees covered by this Agreement shall not cause or condone any form of work stoppage, strike, or slow-downs as long as the terms of this Agreement are in effect. Employees who are involved in such actions shall be subject to discipline which may include discharge.

C. A picket line, strike, slow-down or other interference with Employer functions by

any other Guild or bargaining unit shall not be the cause for any form of work stoppage, strike, or slow-down by employees or the Guild. Employees who are involved in such actions shall be subject to discharge.

SECTION 17 – WORK PERFORMED IN HIGHER CLASSIFICATION A. Acting Supervisor: An Assistant Supervisor who performs the duties of a Shift

Supervisor for ninety (90) or more consecutive days shall be paid wages of the higher job classification for all the time he/she performs work in the higher classification; Provided,

1. That the referred-to ninety (90) days shall relate to consecutive work days

for each separate and specific incident or work project.

2. Pre-approval is obtained from the Director prior to each separate and specific incident or work project.

3. The employee working out-of-class is performing the scope of duties

principally ascribed to the higher-level classification. B. Acting Lead: An employee who is certified by the Director to perform the functions

of Acting Lead and is assigned to the Supervisor’s Console and who is responsible for a shift or a portion of a shift, will be paid out-of-class pay that is 5% above the


hourly rate for the employee’s classification for all the time he/she performs work in the higher classification; Provided,

1. Pre-approval is obtained from the Director prior to each separate and

specific incident or work project.

2. The employee working out-of-class is performing the scope of duties established for Acting Lead.

3. Acting Lead certification may be granted or revoked at the discretion of the

Director. C. Trainer: An employee certified as a Communications Training Officer (CTO),

Classroom Instructor or Classroom Facilitator will receive premium pay at the rate of $1.60 per hour for time spent training one or more Operations employees. An employee certified as a Senior Trainer, Senior Instructor, or Senior Facilitator will receive premium pay at the rate of $1.80 per hour for time spent training one or more Operations employees. Provided,

1. Pre-approval is obtained from the Director prior to each separate and

specific incident or work project, and

2. In order to qualify for this premium for floor training, the trainer must be a Primary Call Receiver or Emergency Telecommunicator and must be connected to, or actively monitoring, the trainee’s console during the majority of the training time, and

3. In order to qualify for this premium for classroom training, the

instructor/facilitator must be a Primary Call Receiver, Emergency Telecommunicator, Assistant Supervisor, or Shift Supervisor, and

4. Trainer/Instructor certification may be granted or revoked at the discretion

of the Director.

The certification process and requirements for Senior Trainer, Senior Instructor, and Senior Facilitator will be developed by a workgroup consisting of representatives of CENCOM management and the Guild. The workgroup shall meet as soon as practicable following ratification of this Agreement, and upon mutual agreement by both parties. CENCOM shall implement the new process and requirements as agreed upon. D. Other: Except as specified above, an employee who performs work in a higher job

classification for ten (10) or more consecutive days shall be paid wages of the higher job classification for all the time he/she performs work in the higher classification; provided all of the following requirements are met:


1. That the referred-to ten (10) days shall relate to consecutive work days for each separate and specific incident of work project, and

2. The employee working out-of-class is performing the scope of duties

principally ascribed to the higher-level classification, and

3. Pre-approval is obtained as follows:

a. From the Director when the employee is temporarily assigned to perform significant additional responsibilities for a designated period of time. Special work projects or unanticipated work demands resulting from legal, programmatic, or operational changes are examples of situations where a temporary working out-of-class premium may be granted; or

b. The employee is temporarily assigned by the Director to perform the

scope of duties principally ascribed to a higher classified budgeted position within CENCOM, which is currently vacant, or when the higher classified employee is on extended leave.

4. Approved temporary out-of-class wages will be paid for all actual hours

worked in the higher classification. The temporary upgrade will be a five percent (5%) increase, or the minimum step of the salary range for the approved classification, whichever is greater. Once the temporary assignment is completed, the employee’s wage will return to his/her original wage rate.

SECTION 18 – JOB-SHARING POLICY Upon agreement by the Director and an employee, a job-sharing arrangement may be established. If a job-sharing arrangement has been established, the full-time position will be split into part-time positions and all the provisions for a part-time position will apply. Whenever one-half of the job share position becomes vacant, the position and the remaining incumbent shall return to full-time. SECTION 19 – PROBATIONARY PERIOD A. New Hire. The probationary period for a newly hired employee shall be twelve (12)

months unless the employee was in an unpaid status, then his/her probationary period shall be extended by that amount of time. Newly hired probationary employees may be terminated at any time during or at the conclusion of the probationary period so long as the reasons for discharge are given. Such employee shall have no recourse to the grievance procedure, for said termination or demotion decision; Provided, the Employer shall pay wages and benefits pursuant to the contract and any failure to pay on the part of the Employer shall be grievable. The employee will be granted regular status at the end of the probationary period if the


employee has performed satisfactorily. A probationary employee may be allowed to use accrued annual and sick leave and their floating holiday, when authorized by the Director.

B. Promoted Employee. The probationary period for an employee promoted from one

dispatch floor position to another, or from one administrative position to another, or from one technical position to another, shall be six (6) months; Provided, at the option of the Employer, the probationary period may be extended for six (6) additional months. The probationary period for other promotions will be twelve (12) months. Promoted employees may be deemed to have failed the probationary status at any time during or at the conclusion of the probationary period. The employee will be granted regular status at the end of the probationary period if the employee has performed satisfactorily.

C. Transferred Employee. The probationary period for an employee who transfers

from one non-supervisory position to another non-supervisory position in the same Division, shall be six (6) months in duration. The employee’s probationary period may be extended an additional six (6) months upon mutual agreement between the Employer and the Guild. The probationary period for other transfers will be twelve (12) months.

SECTION 20 – WAGES AND COST OF LIVING ADJUSTMENTS A. 2016 Wages:

1. Wage Adjustment in 2016 shall be two percent (2%) above the 2015 rates, effective the first full pay period in 2016.

2. For all classifications identified in Appendix D, each wage step shall remain at

a five percent (5%) increase over the previous wage step. B. Wage Reopener:

1. To the extent the CENCOM legal transition, as detailed in Section 40, is not completed by October 31, 2016, the parties agree to reopen this Section of the agreement to negotiate future wage increases for 2017. .

SECTION 21 – SALARY STEPS AND EVALUATIONS A. Step Movement and Wage Classification Plan:

1. Except as provided below, employees on the four-step scale shall advance from Step 1 through Step 3 each year following their last advancement or date of hire, and shall advance to Step 4 two years following their last advancement; Provided, the employee must achieve an overall evaluation score of 3.0 to advance to Steps 2 and 3 and a 4.0 to advance to Step 4.


2. Except as provided below, employees on the five-step scale shall advance

from Step 1 through Step 4 each year following their last advancement or date of hire, and shall advance to Step 5 two years following their last advancement; Provided, the employee must achieve an overall evaluation score of 3.0 to advance to Steps 2 through 4 and a 4.0 to advance to step five.

3. Employees on the seven-step scale shall advance from Step 1 through Step 5

each year following their last advancement or date of hire, and shall advance to Step 6 through Step 7 every two years following their last advancement; Provided, the employee must achieve an overall evaluation score of 3.0 to advance to Steps 2 through 6 and a 4.0 to advance to Step 7.

B. Wage and Classification Plan for Operations Division Employees:

1. Emergency Telecommunicator Trainee (ETT): Hiring and wage step advances within the classification of ETT shall be in accordance with the following requirements:

a. Step 1: Entry level position. b. Step 2: An employee hired at step 1 is eligible for advancement to

step 2 immediately upon certification by the Director as a Primary Call Receiver

c. Step 3 through Step 5: In accordance with Subsection A, Paragraph 2

of this section.

2. Primary Call Receiver (PCR): Hiring and wage step advances within the PCR classification shall be in accordance with the following requirements:

a. Step 1: Entry level journey position. An employee hired as an

Emergency Telecommunicator Trainee is eligible for advancement to PCR step 1 immediately upon certification by the Director as a Primary Call Receiver

b. Step 2 through Step 5: In accordance with Subsection A, Paragraph 2

of this section.

3. Emergency Telecommunicator (ET): Hiring and wage step advances within the classification of ET shall be in accordance with the following requirements:

a. Step 1: Entry level lateral position. An employee hired as an

Emergency Telecommunicator Trainee or Primary Call receiver is eligible for advancement to ET, step 1 (or a higher step as provided


under Section 11) immediately upon certification by the Director as either a Law Enforcement or Fire Dispatcher.

b. Step 2 through Step 5: In accordance with Paragraph D of this section;

provided, in order to be eligible for advancement to step 5, an Emergency Telecommunicator must be certified by the Director as both a Law Enforcement and Fire Dispatcher.

4. Operations Supervisors: Hiring and wage step advances within the

classifications of Assistant Supervisor and Shift Supervisor shall be in accordance with the following requirements:

a. Step 1: Employee must be certified by the Director as a Call Receiver,

Law Enforcement Dispatcher, and Fire Dispatcher. An employee hired as or promoted to Assistant Supervisor or Shift Supervisor not certified in these areas may be paid Emergency Telecommunicator wages until certified in each of these areas, at which time they will automatically be eligible for advancement to Step 1 of the Assistant Supervisor or Shift Supervisor Classification.

b. Assistant Supervisor – Step 2 through Step 5: In accordance with

Subsection A, Paragraph 2 of this section. C. General Exceptions to Step Movement and Wage Classification Plan:

1. Periods in which an employee is on disciplinary probation or an unpaid leave status, (voluntary or involuntary), shall not be included in the required service period.

2. Part-time employees shall advance as set forth above upon completion of the

full-time equivalent number of hours. D. Retroactivity: Step increases shall be retroactive to the date of eligibility if delays in

granting the step increases are due to a lack of current evaluation or failure to submit to the Human Resources Department the required paperwork within designated time frames.

E. Employee Evaluation: Probationary employees may be evaluated at any time during

their probation period. Every full-time or part-time employee shall be evaluated annually, at least thirty (30) days prior to the date the employee is eligible for a step increment or the anniversary of the step increment date. However, once an employee reaches the top pay step in his or her classification, the Employer may elect to evaluate the employee biannually. Additional employee evaluations may be used when deemed appropriate by the Director. Evaluations shall be used as a factor in granting regular status, promotions, step increases, transfers, demotions, layoffs and terminations. For further information on


evaluation procedure, reference the “Performance Evaluation Guidelines for Employees and Supervisors.”

F. Console Operations Areas: These descriptions are presented as an illustrative

example and not intended to be inclusive.

1. Law Enforcement Consoles. Must have mastered detailed knowledge of County geography. Thorough knowledge of Standard Operating Procedures (SOP’s) for all law enforcement agencies as well as their jurisdiction boundaries and patrol areas. Ability to accurately monitor radio traffic from road units while simultaneously handling emergency telephone calls. Must be able to accurately and efficiently assign calls for service, dispatch to and maintain status on multiple units.

2. Fire/Emergency Medical Console. Must have mastered detailed knowledge

of County geography and have a thorough knowledge of the Standard Operating Procedures (SOPs) for all fire agencies, as well as their jurisdictional boundaries.. Must have ability to accurately monitor radio traffic from road units while simultaneously handling emergency telephone calls. Must be able to accurately and efficiently assign calls for service, dispatch to, and maintain status on, multiple units.

SECTION 22 – LONGEVITY BONUS A. Upon completion of the following years of employment, Employer shall pay eligible

employees hired on or before January 1, 1998, an annual longevity bonus, the amounts which follow, at the pay period which follows the anniversary date of employment. After 5 through 9 years service …………………. 1.5% of annual salary on anniversary date After 10 through 14 years service ……………… 2.0% of annual salary on anniversary date After 15 through 19 years service ……………… 2.5% of annual salary on anniversary date After 20+ years service…………………………… 3.0% of annual salary on anniversary date

B. Longevity bonus pay for employees hired after January 1, 1998, shall be as follows:

After 5 through 9 years service .…………………. 1.0% of annual salary on anniversary date After 10 through 14 years service ………………. 1.5% of annual salary on anniversary date After 15 through 19 years service ………………. 2.0% of annual salary on anniversary date After 20+ years service …………………………… 2.5% of annual salary on anniversary date

C. In the event that an eligible employee terminates employment for any reason, the

employee shall receive a longevity bonus in a prorated amount, which is computed as follows: The number of months between the employee’s anniversary date and termination date shall be divided by twelve, and the result multiplied with the appropriate annual longevity bonus percentage.


D. The longevity bonus shall be based upon continuous employment, exclusive of those periods wherein an employee is placed in a leave without pay status; Provided, when an employee is laid off and rehired, and the separation does not exceed twelve (12) months, the longevity bonus shall be computed from the employee’s most recent continuous service date excluding the layoff period; Provided further, when an employee separates from employment and is subsequently rehired, the longevity bonus shall be computed from the date of re-employment; except the longevity bonus shall be computed from the date of employee’s most recent continuous service date excluding the period of separation, if the period of separation does not exceed thirty (30) days.

E. Employees hired on, or after, January 1, 2015 shall not be eligible for the Longevity

Bonus and none of the provisions contained in this Section 22 shall apply to these employees.

SECTION 23 – SHIFT DIFFERENTIAL PAY Employees assigned to work the night relief shift shall receive an additional 1.5% of their base hourly rate for each hour worked. Provided, shift differential will only be paid when the employee works the full 10-hour shift. When used in this section, hours worked means hours actually worked and does not include leave taken of any type. SECTION 24 – MILEAGE REIMBURSEMENT A. Employer shall reimburse employees for authorized use of private automobiles for

County business or in the performance of his/her official duties at the rate established by the Internal Revenue Service for actual miles traveled. Reimbursements shall be made in accordance with the following guidelines:

1. In no event shall reimbursement for miles driven exceed an amount equal to

the aggregate cost of round trip coach air fare(s) of a common carrier. 2. Mileage expense will be reimbursed under the following conditions:

a. From home to field to home. b. From home to field to office. c. From office to field to office. d. From office to field to home. e. When performing fieldwork that requires passing the office, mileage

shall be computed to and from the office.


f. Employees who have worked and completed their shift for a day, and are subsequently required to report for a work activity scheduled beyond their completed work shift, shall be authorized mileage reimbursement for actual miles traveled to and from his/her place of residence and required work location.

g. Employees sent to authorized travel or training shall be reimbursed

for mileage as set forth in the County’s Personnel Manual. B. Per the County’s Fleet Risk Control Policies, if an employee incurs physical damage

to his/her personal vehicle while in the scope and course of employment and has in force, at the time of the loss, collision coverage with his/her personal auto insurance, the Employer will reimburse the deductible amount up to a maximum of $500.00 with proof of an insured loss. Failure to carry collision coverage on the employee’s personal vehicle will void any reimbursement for auto physical damage. This provision does not include the employee’s normal travel to and from the work site.

C. Subject to the Director’s approval, employees using their own vehicle for County

business who incur damage to their vehicle while on County business will be given paid administrative leave in order to have the vehicle towed and appraised.

SECTION 25 – HOURS OF WORK A. The following shall be applicable to all employees:

1. Work Week: The work week shall consist of a seven (7) day period beginning at a day and time established by the Director.

2. The regular schedule for all full-time employees shall be 40 hours per work

week. Working hours shall be as established by the Director; provided, however, the Director agrees to meet with the Guild, upon request, to discuss any proposed changes in the work schedule prior to implementation. Once established, regular shifts may vary and notice of a shift change of more than two (2) hours will be given twenty-four hours in advance, except with mutual consent of the Director and the impacted employee.

3. CENCOM shall have the right to begin an employee’s shift up to two (2) hours

earlier or one (1) hour later than the established work schedule. Such schedule adjustments are intended to be used to respond to special events and/or staffing needs resulting from absences, vacancies or emergencies. Flex hours, job-sharing, or other alternative work arrangements may be made by written mutual agreement between the Employer and the affected employee.


4. Rest Breaks: The Employer shall provide each employee with a break according to the schedule as specified in Paragraph six (6) below. The employee shall remain within the area subject to immediate call-back should the workload require it. The Guild and the employees shall work with the Employer to ensure that rest breaks are not abused, but are used within the time frames and for the purpose intended.

5. Meal Periods: The Employer shall provide each employee with an unpaid

meal period according to the schedule as specified in Paragraph six (6) below. In the event that the Employer requires an employee to remain within the building and subject to interruption or recall to work during their meal period, a period of thirty (30) minutes will be allowed, which meal period will be compensated as time worked and may be considered a part of the employee’s regular shift.

6. Break/Meal Schedule:

Number of Hours Worked Number of Minutes of Break/Meal Time

0 to 59 minutes 0 minutes

1 hr to 1 hr 59 minutes 0 minutes

2 hrs to 2 hrs 59 minutes 10 minutes w/Supervisor’s approval, case by case

3 hrs to 3 hrs 59 minutes 10 minutes w/Supervisor’s approval, case by case

4 hrs to 4 hrs 59 minutes 15 minutes











B. Operations Division Shift Assignments:

1. Employees may request shift assignments through an annual bid process. The Director will post the shift schedule prior to opening shift bidding.

2. Bids for the following calendar year shall be determined on a single day prior

to October. Employees will be notified of the specific date no later than fourteen (14) calendar days before the bidding commences.

3. Each employee shall be given a ten-minute window of time to serve as the

deadline for requesting his or her desired shift assignment. An employee may submit his or her request to the designated point of contact (the scheduling contact) any time between the bidding notification and the end of the time window.

4. All requests for shift assignment must be in writing, signed by the employee

and initialed by the scheduling contact. Email is considered to fulfill this requirement. The original request shall be retained by the scheduling contact for six (6) months.

5. Each request may contain desired assignments listed in order of preference

from most desirable to least desirable. 6. Submitting a shift assignment request is optional. Employees shall not earn

overtime for the preparation or submission of, or communications regarding a desired shift assignment request.

7. On the designated day, the scheduling contact shall compile a list of bid

requests using the following criteria:

a. All requests shall be considered on a seniority basis, most senior

employee first hire;

For purposes of this section, except as defined below, seniority shall be defined and determined for the Supervisor bargaining unit based on total time within the bargaining unit. Should an employee promote or demote between classifications within the Supervisor unit, the employee will retain his/her seniority based on total time in the bargaining unit. For the non-supervisor bargaining unit, seniority shall be based on date of hire;


b. Whether the employee’s requested shift, in order of desirability, is available;

c. Whether the employee’s skills and qualifications meet the

requirements of the requested shift as determined at the sole discretion of the employer.

8. If the request passes the requirements of Paragraph 7, the scheduling contact

shall assign the employee to the most desired shift possible. 9. Employees whose requests do not pass the requirements of Paragraph 7 and

those employees who do not submit an assignment request shall be bypassed in the bid process. Said employees may choose from unfilled shifts at the end of the bidding process or be assigned a shift by the Employer.

10. At the completion of bidding day, the scheduling contact shall submit the

compiled list of requests to the Director for review. 11. Upon approval by the Employer, the shift bid requests shall become

assignments for the following year. 12. The Employer shall publish the approved list and the scheduling contact shall

notify each bypassed employee to select an open shift. Such selection shall be made in writing, signed by the employee, within twenty-four hours of being notified. Approval shall follow the same criteria listed in Paragraph 7.

13. Scheduling contact shall submit the requests of bypassed employees to the

Director for review. The Employer may assign any employee who does not request a shift.

14. It is recognized by the parties that shift bidding selections made by

employees are, in general, final; however, the Employer reserves the right to alter shifts and/or shift assignments in the following circumstances: (a) for training purposes that cannot be completed during the employee’s bid for shift time; (b) for operational necessity; or (c) upon mutual agreement between the Employer and the affected employee(s). Any alterations to shifts or shift assignments shall be for the minimum amount of time as is necessary, with employees being permitted to return to their previously bid-upon shift as soon as practicable following the abatement of the reason for the alteration.

15. Employer shall publish the completed shift assignment schedule.

C. Rotating Work Schedule: At the discretion of the Director, the Employer may

implement a rotating shift schedule for employees working on a 24-hour-per-day seven-day-per-week (“24/7”) rotation. Employees working on such a rotating


schedule will be assigned to a base schedule of four (4) consecutive 10-hour days on, followed by four (4) consecutive days off alternating with four (4) consecutive days on, followed by three (3) consecutive days off (“4/4-4/3”). Upon mutual agreement, employees may be assigned to a base schedule of four (4) consecutive days on, followed by four (4) consecutive days off (“4 on/4 off”). In addition, the Director may schedule employees working a “4/4-04/3” sixty (60) additional training hours per year. Employees assigned to this schedule are eligible for thirty (30) hours of “schedule correction” leave as described below.

1. Training Hours: Employees assigned to the “4/4-4/3” schedule will be

scheduled for sixty (60) additional “training hours” per year. These hours will be scheduled at least thirty (30) days in advance in an employee’s thirty (30) hour work week. Training hours are considered part of the employee’s regular shift and will be paid at the employee’s straight time base pay rate. For employees who are not available on a thirty (30) hour work week, or are not scheduled for forty-eight (48) hours worth of training in the year, it is the employee’s responsibility to sign-up for work in their thirty (30) hour work week for the remaining hours, via fair share, approved project time or floor coverage.

2. Schedule Correction Hours: Employees assigned to the “4/4-4/3” schedule

earn thirty (30) “schedule correction hours” per year in lieu of any holiday leave. These hours will accrue on January 1, for each year the “4/4-4/3” schedule is in effect; except, if an employee leaves CENCOM that year’s accrual will be deducted (prorated based on the effective date of the employee’s resignation/termination). Employees hired after January 1, must be in a paid status for six (6) months prior to accrual of any schedule correction hours. Schedule correction hours not used or scheduled by November 1st will be cashed out in the first pay period of December.

SECTION 26 – OVERTIME A. All overtime worked must be authorized in advance by the Director. Employees

working unauthorized overtime may be subject to discipline. B. All hours worked in excess of forty (40) hours in one (1) work week shall constitute

overtime, and shall be paid for at one and one-half (1-1/2) times the employee’s regular rate of pay.

1. The definition of “hours worked” for regular full-time employees assigned to

the rotating work schedule as described in Section 25, Subsection C includes regular hours worked, training hours worked, annual leave taken, compensatory time taken, and Holiday leave taken once the employee has worked 150 service hours. “Hours worked” will not include sick leave taken.


2. Regular full-time employees assigned to a rotating work schedule that occasionally produces less than forty (40) hours in a work week will be compensated at the overtime rate for hours worked in addition to their regular schedule (see Appendix B).

a. As used in this Section, “hours worked” includes regular hours

worked, training hours worked, annual leave taken, compensatory time taken, Holiday leave taken, and schedule correction hours taken. “Hours worked” does not include sick leave taken.

b. As used in this Section, “regular schedule” includes the employee’s

primary work schedule or flex schedule, adjustment hours, and/or training hours within a defined work week.

C. Employees who are classified as FLSA exempt shall not be eligible for overtime pay

or compensable time (comp time) accruals. Exempt employees are scheduled in either one of the following ways with the approval of the Director:

1. Exempt employees assigned to a fixed schedule shall not be charged for

absences involving time off that is less than a scheduled full work day. Provided, employees must work at least one-half of their scheduled work day and the employee has obtained the approval of the Director.

2. Exempt Employees may be assigned to a flex schedule normally consisting of

approximately 80 hours per bi-weekly pay period; however, emphasis is placed on meeting the responsibilities assigned to the position rather than on working specific daily schedules unless required by the Director. The nature of responsibilities associated with exempt positions often requires greater than 80-hours worked per bi-weekly pay period, including evening and weekend work. There is considerable flexibility in work scheduling to accommodate work related meetings and functions on weekends and evenings.

D. For the purpose of computing compensation, fractional parts of an hour shall be

rounded to the nearest fifteen-minute increment. E. There will be no pyramiding of overtime. All overtime and premium pays provided

for by this Agreement are applied to the hourly rate separately (see Appendix B).

F. An employee who is eligible for overtime may, at his/her option, take compensatory time off (at the rate of 1-1/2 hours off for each hour of overtime earned) in lieu of overtime pay if the compensatory time is taken off within ninety (90) days of when it is earned; Provided, an employee cannot accrue more than sixty (60) hours of compensatory time. The employee shall notify the Director, of his/her decision to take compensatory time off or paid compensation at the overtime rate, when advised of his/her overtime duty. Compensatory time may be used by the employee


within a reasonable period of time after the employee makes a request, so long as such use does not unduly disrupt the operations of the agency. In accordance with the written opinion of the Department of Labor, the creation of an overtime situation as a result of granting a compensatory time request, in and of itself, is not a situation that would unduly disrupt operations. The employee whose request to use compensatory time is denied because it would disrupt the Center shall receive payment for the time requested at his or her hourly rate. Compensatory time will be automatically cashed out if it is not used within ninety (90) days of when it was earned. An employee may choose to cash-out their unused compensatory time earlier than ninety (90) days.

G. The Director may offer an overtime assignment to an employee in one of the

following ways:

1. To a qualified employee from the shift prior to, or the shift following, the shift needing coverage who is present at the Center or who is on duty and available; Provided, the overtime worked shall not exceed four (4) hours.

2. To a qualified employee scheduled for a day off; Provided, the employee

shall receive a minimum of ten (10) hours off duty between the time last worked and the shift to be covered. After six (6) months, and again after twelve (12) months following ratification of this Agreement, the labor-management committee shall review any operational impacts regarding the above requirement that there be ten (10) hours off duty between shifts. If there is evidence of a substantial operational problem(s), the Employer may reduce the amount of time between shifts back to eight (8) hours.

H. Mandatory Overtime: The Director shall establish and maintain a mandatory call-in

list consisting of the names and capabilities of all Operations employees. If no one present in the Center accepts the offer of overtime as described in Subsection G, the Director may require the first qualified employee on the list who most remotely worked overtime to accept the overtime assignment. In the event an employee refuses mandatory overtime for any reason, the refusal shall be document. Such refusal shall be reviewed by the Director, and the employee may be subject to disciplinary action.

I. The Director shall attempt to distribute overtime assignments equitably. J. Overtime Assignments: The parties agree that it is in both of their interests to

develop a system for the assignment of overtime that is both streamlined and allows for the distribution of overtime in a way that is fair and equitable. Any system shall be established by mutual agreement between the parties. To this end, the parties have agreed upon a current system that achieves these goals, which is attached to this Agreement as Appendix E. Should, for operational reasons, it becomes necessary to modify the current system, the parties shall meet and confer for purposes of modifying the assignment rules for overtime.


SECTION 27 – INSURANCE 2016 Benefits. The County will fund, provide, and maintain insured medical and dental benefits and life insurance coverage for all regular full-time and regular part-time employees, and it will maintain and contribute to a reserve fund to self-insure against unanticipated increases in the cost of medical benefits. Effective January 1, 2016, the County will make contributions in the amounts listed in Attachment 2-B. Through payroll deduction, employees will make contributions in the amounts listed in Attachment 2-B based on their plan choices. Employee contributions will be applied first to pay the costs of providing benefits. 1. Regular, Full-Time Employees - any employee with an established and approved

FTE (Full Time Equivalent) of .75 and above:

a. Medical Benefits. The County’s 2016 contributions represent a weighted average of 86% of the total medical benefit contributions for all employees covered by the “Most County Plan” regardless of bargaining unit. If medical benefit rates change after the 2016 plan year, the County’s share of the change to the weighted average will be eighty-six percent (86%) and employee’s share of the change to the weighted average will be fourteen percent (14%), with the understanding that rates are established once per year. Actual percentage changes may vary based on plan and tier choices. This general formula shall be applied to establish future contribution amounts. Notwithstanding the foregoing, the Guild maintains its position that paying a percentage of the “rate” as established by the County constitutes a non-mandatory subject of bargaining.

b. Waiver of Medical Coverage: Regular, full-time employees who provide proof

of alternate medical coverage may waive coverage through Kitsap County’s sponsored medical plans and for that waiver receive a one hundred dollar ($100.00) per month waiver-incentive payment; however, such payment is subject to employment taxes. Regular, full-time employees may not waive their individual medical coverage in lieu of coverage as a spouse/domestic partner on a County-sponsored medical plan.

c. No Double Coverage: No County employee may have double coverage under

County-sponsored medical plans (i.e., employees may not cover their spouse/domestic partner if the spouse/domestic partner is employed in a regular, full-time position with the County).

d. Dental Benefits, County Contribution: In 2016, the County will make

contributions as indicated below.

(1) All regular, full-time employees shall participate in a County-sponsored dental plan with the County’s contribution being limited to 100% of the


employee-only rate for the County-selected, base dental plan or an optional plan, whichever is less expensive.

(2) The County-selected base dental plan provides substantially similar

benefits to those provided by the Delta Dental of Washington (formerly WDS) plan C – Option 2 ($1,000 a year maximum benefit).

(3) Other dental plans will also be offered and, if selected, employees are

responsible to contribute any additional cost through payroll deduction. (4) The County will contribute twenty-five dollars ($25.00) per employee per

month towards insured dependent dental benefits under the County-sponsored dental plans.

2. Regular, Part-Time Employees - any employee with an established and approved

FTE (Full time Equivalent) of less than .75 and at or above .50:

a. Medical Benefits, County Contribution: For part-time employees, the County’s contribution will be pro-rated according to the employee’s full-time equivalent (FTE) status in 2016, as established and approved by the Employing Official and the Kitsap County Budget Office:

b. Waiver of Medical Coverage: Regular, part-time employees may waive their

coverage through Kitsap County’s sponsored medical plans and receive a pro-rated waiver incentive payment per month, according to their established and approved full-time equivalent status in 2016, at 5% increments starting at .70 FTE (example: an employee whose established and approved FTE in 2016 is .70, will receive 70% of a full-time employee’s waiver incentive payment ($100.00), which equals $70.00). Regular, part-time employees who waive their coverage and enroll in their spouse’s or registered domestic partner’s County-sponsored medical plan are not eligible to receive the pro-rated waiver incentive payment.

c. No Double Coverage: No County employee may have double coverage under

County-sponsored medical plans (i.e., employees may not cover their spouse/domestic partner if the spouse/domestic partner is employed in a regular, full-time position with the County).

d. Dental Benefits, County Contribution:

(1) Dental Benefits Plans: The dental benefits plans offered to regular, part-

time employees will be the same as offered to regular, full-time employees. All regular, part-time employees are required to participate in a County-sponsored dental plan.


(2) For employees with a 2016 established and approved FTE less than .75, the County’s contribution will be pro-rated according to the employee’s established and approved full-time equivalent (FTE) status in 2016 (rounding down the Employer premium contribution at intervals of 5%) from .70 FTE to .50 FTE. The County’s contribution will be calculated based on these pro-ration percentages for “employee only” coverage. The monthly $25.00 dependent contribution will be applied to the balance of the “employee-only” rate, with any remainder being applied to the dependent dental coverage if selected.

3. Changes to Coverage during Plan-year: Employees are required to comply with

federal, state and specific health plan rules in order to make any changes outside of the annual open enrollment period designated by the County.

4. Life Insurance: The County will contribute the total cost necessary to fund,

provide, and maintain County-selected, basic life insurance coverage for regular, full-time and part-time employees and their eligible dependents.

5. Optional Benefits: Employees may enroll themselves and dependents in optional

life insurance plans or other optional benefits at their own expense.

SECTION 28 – STANDBY PAY

A. At the Employer’s option, employees may be assigned “standby” status. Such status requires that the employee be available on a twenty-four (24) hour basis for emergency work. Such employee shall be issued a radio communication device capable of summoning his/her attention. The employee must remain available by pager, cellular phone or portable radio and respond by telephone within approximately fifteen (15) minutes to any summons, at any time, during the twenty-four (24) hour period. Additional compensation for being on “standby” status shall be $20.00 per day. Standby pay shall only apply to technical support employees (Operations Support Technician, Communications Center Technician, Data Systems Engineer, Programmer Analyst, and Technical Systems Supervisor).

B. The Employer will post a standby duty roster monthly. C. An employee on standby status will be subject to call-back duty as described in

Section 29. D. If the employee who is scheduled on standby status is unable to meet the

requirements for the full standby period, it is his/her responsibility to find a qualified replacement in advance of the scheduled period, and notify the Director in writing.

E. Duration of standby shall be rotated , and divided equally among those employees

determined qualified by the Director, or any other mutually agreeable schedule.


SECTION 29 – CALL-BACK A. An employee who has left work, and is called back to work by an authorized person

and reports to the work site shall be paid a minimum of two (2) hours at one and one-half (1-1/2) times his/her hourly rate of pay specified in Appendix D; and shall be paid for all actual time worked in excess of two (2) hours at one and one-half (1-1/2) times his/her regular rate of pay. An employee who has left the premises without completion of the assigned duties shall not be eligible for call-back.

B. If an employee is called by telephone after his or her scheduled shift by his/her

supervisor, Director, or other person authorized by the Director seeking assistance, he/she will be paid no less than fifteen (15) minutes overtime pay, and then will be paid for all actual time spent after fifteen (15) minutes. This section relates to the employee’s provision of operational or technical assistance; telephone calls related to other matters such as bidding, scheduling, or solely to call back of the employee are not subject to this section.

SECTION 30 – HOLIDAYS A. The following shall be observed as paid holidays for employees within the

classification of Fiscal Technician II, Office Assistant III, Operations Support Technician, Communications Center Technician, Data Systems Engineer, Technical Systems Supervisor, and Programmer Analyst and other created classifications as designated by management.

New Year’s Day Labor Day

Martin Luther King Day Veterans’ Day

Presidents’ Day Thanksgiving Day

Memorial Day The day following Thanksgiving

Independence Day Christmas Day

Floating Holiday

B. If a holiday falls on a Sunday, it shall be observed on the following Monday. If a

holiday falls on a Saturday, it shall be observed the preceding Friday. C. Regular and probationary part-time employees shall receive prorated holiday pay,

based upon the percentage of compensated hours received each calendar month in relation to a full-time schedule of work.


D. The floating holiday shall be taken by an employee at any time during the calendar year with prior approval of the Director. The floating holiday shall not accumulate from year to year; Provided, a trial service employee must be employed at least fourteen (14) working days prior to accruing a floating holiday.

E. Employees within the classifications of Emergency Telecommunicator Trainee,

Emergency Telecommunicator, Primary Call Receiver, Assistant Supervisor and Shift Supervisor, who work on a recognized holiday listed in Subsection A of this section shall be paid a holiday premium equal to one-half (1/2) their base hourly rate of pay for each holiday hour worked; Provided, the holiday premium pay shall apply only to the twenty-four (24) hours of the actual holiday (during the period from midnight to midnight). Holiday premium pay is in addition to regular or overtime pay as provided herein.

SECTION 31 – ANNUAL LEAVE A. Employees hired after January 1, 1998, shall earn annual leave as follows:

Upon employment ............................................................................ 10 days per year (80 hours) Upon completion of three years employment ....................... 12 days per year (96 hours) Upon completion of five years employment ........................ 15 days per year (120 hours) Upon completion of ten years employment ......................... 20 days per year (160 hours) Upon completion of fifteen years employment ................... 25 days per year (200 hours)

B. Annual leave with pay shall be earned by employees hired on or before January 1,

1998, as follows:

Upon completion of five years employment ........................ 20 days per year (160 hours) Upon completion of ten years employment ......................... 25 days per year (200 hours) Upon completion of fifteen years employment ................... 30 days per year (240 hours)

C. No more than 45 days (360 hours) annual leave may be carried from one calendar

year to the next. D. Requests for leave must be approved in advance by the Director. Annual leave shall

be taken at times mutually agreeable to the employee and the Director. In the event of conflicts between employees in requests for leave, the employee first requesting shall prevail. In the event of concurrent requests or conflicting requests for which the sequence of request is unknown, the Director shall make the final determination with considerations towards seniority and prior requests for leave. If an employee is prevented by the Director from taking annual leave, and if, as a result, the employee has more than 45 days annual leave accumulated on December 31, then the employee shall be paid for such leave in excess of 45 days at the salary rate then being paid to the employee.


E. Upon separation of an employee by resignation with two-weeks’ notice, layoff, dismissal or death, the employee or beneficiary thereof, shall be paid for unused annual leave at the rate being paid at the time of separation. Cash payment for unused accrued annual leave upon separation by retirement will not be allowed in excess of 240 hours. However, if an employee has accrued annual leave in excess of 240 hours, the employee may be continued on the payroll for the time equivalent to the amount of excess annual leave.

F. Whereas, the Guild and the Employer recognizes the importance of employees

utilizing earned annual leave to promote and enhance their mental and physical well-being, employees shall attempt to use annual leave during the year in which it is earned.

G. Vacation Bidding: The vacation bid system shall be modeled after the shift bid

system with the following provisions:

1. Management shall determine the number of vacation slots available per day and these shall be requested by employees through a bidding system. For the operations division, management will offer a minimum of two slots per day year round and an additional one slot per day for six (6) months. Beginning with the 2013 vacation bid, one additional slot per day will be offered for employees in the Primary Call Receiver Classification during the first round of bidding.

2. Bidding will be conducted in rounds and proceed by seniority with the most

senior employee bidding first. Each bid must be for consecutive days. Any bid counts as an employee’s choice for that round regardless of the length of the bid. No single bid may exceed three (3) work weeks.

3. Bidding rounds continue until all the slots are filled or every employee

eligible to bid has passed. 4. Employees may bid up to the amount of annual leave they will accrue in the

year for which they are bidding and no more. 5. At the end of the bidding, the Director shall review the bid requests for

approval. 6. Employees may choose not to participate in the bid process. Employee may

request annual leave after the bid process is completed. Such requests shall be determined in accordance with the provisions of this section and relevant policies.


SECTION 32 – SICK LEAVE A. Employees hired on or after December 1, 2004, shall earn twelve (12) days (96

hours) of sick leave per year; Provided, no more than 1200 hours of sick leave may be carried from one calendar year to the next.

B. Employees hired after September 16, 1985, but prior to December 1, 2004, shall

earn fifteen (15) days (120 hours) of sick leave per year; Provided, no more than 1200 hours of sick leave may be carried from one calendar year to the next.

C. Employees hired before September 16, 1985, shall earn eighteen (18) days (144

hours) of sick leave per year; Provided, no more than 1200 hours of sick leave may be carried from one calendar year to the next.

D. Sick leave shall accrue each full month of employment. Regular and probationary

part-time employees shall earn sick leave on a prorated basis, based upon the percentage of compensated hours received each calendar month in relation to a full-time schedule of work.

E. Sick Leave Usage:

1. Except as hereinafter provided, to the extent accumulated, sick leave with pay shall be allowed an employee who is incapacitated due to sickness or injury, or when, due to exposure to contagious disease, the presence of the employee may jeopardize the health of others, or when necessary for medical examination or treatment of the employee. Sick leave may be used for bereavement leave purposes as provided in Section 33.

2. Any or all of an employee’s accrued sick leave and other accrued leave may

be used to care for a child of the employee with a health condition that requires treatment or supervision. For these purposes, the definition of “child” is set forth in the Employer’s Personnel Manual. (Attachment 3)

3. Any or all of an employee’s accrued sick leave and other accrued leave may

be used to care for an employee’s spouse, parent, parent-in-law, or grandparent who has a serious health condition or an emergency condition. Registered domestic partners are covered under the Sick Leave provisions of this Section. In order to qualify for this provision, an employee’s domestic partner must be registered with the Washington State Registry for Domestic Partners, and employees must show verification of such registry, upon request by the Kitsap County Human Resources Department. The definitions of the family members are set forth in the Employer’s Personnel Manual. (Attachment 4)

4. Any sickness or injury for which an employee desires to take sick leave shall

be immediately reported to the employee’s immediate supervisor. Sick leave


must be approved by the immediate supervisor. Sick Leave taken in excess of three (3) consecutive working days, or sick leave for which the Director has a reasonable belief that the employee is abusing or misusing the sick leave benefits, must be supported by a certificate of a physician or other licensed medical practitioner, if requested by the Director.

5. Sick leave administration should be fair and non-discriminatory. Employees

shall be allowed to utilize available sick leave consistent with Federal and Washington State medical leave laws and as permitted under the terms of this Agreement and CENCOM policy; Provided, employees may be subject to discipline or receive reduced marks on their annual evaluation if they are found to use an excessive or chronic amount of sick leave. a. Excessive Sick Leave shall be defined as follows:

(1) For employees assigned to a ten-hour shift, the use of sick

leave of 120 hours or more per year, and/or occurring in an established pattern such as the day before or after days off, holidays, scheduled annual leave or weekends.

(2) For employees assigned to an eight-hour shift, the use of sick


b. Chronic Sick Leave shall be defined as follows:

(1) For employees assigned to a ten-hour shift, the use of sick


(2) For employees assigned to an eight-hour shift, the use of sick


6. Such absences may be grounds for disciplinary action, up to and including

termination, depending on the severity of the Excessive or Chronic sick leave. In addition to the hour threshold, Excessive or Chronic sick leave cannot be designated unless the hour threshold is met for two (2) or more consecutive years, or three (3) of the past five (5) years, or there is substantiated evidence of misuse or abuse of sick leave.

F. Upon retirement, the employee shall receive payment for fifty percent (50%) of all

sick leave accrued prior to January 1, 1984, based upon the rate of pay at the time of retirement. Upon an employee’s death, the beneficiary shall receive payment for all


sick leave accrued prior to January 1, 1984, based upon the rate of pay at the time of death. Employees separated from employment for reasons other than retirement or death, shall receive no sick leave pay-out. Sick leave accrued and not used after January 1, 1984, will not be paid-out under any circumstances. Upon separation from service, all sick leave credits shall be canceled; Provided, employees who separate and obtain re-employment within one (1) year shall have all sick leave credits restored.

1. The payroll office will provide a listing of all unused accrued sick leave prior

to January 1, 1984, by employee. Those amounts shall be used for cash payments under the provisions above. If an employee uses any accrued leave included in those totals, that balance will be reduced and not be replenished at any time. Under no conditions shall an employee be allowed to carry from one calendar year to the next, more than 1200 hours of accrued sick leave.

G. Each January, at the employee’s option, he/she may convert their previous calendar

year’s accumulated and unused sick leave to annual leave on a 10 to 1 ratio (10:1). (As an example, if the employee earned twelve (12) days sick leave in 2008 and used no sick leave, they could convert the twelve (12) days to 1.2 days annual leave.) If an employee chooses to convert his/her sick leave, he/she forfeits that amount of sick leave and must use the converted annual leave within the calendar year. Under no circumstances will an employee receive cash payment for converted leave on the books. The employee must submit his/her request for conversion to their Director on or before January 31.

H. Employees who are not members of the PERS 1 Retirement System and who use

fewer than thirty (30) hours of sick leave during the twelve (12) months period from November 16th to November 15th shall be offered the opportunity to cash out unused sick leave at one hundred percent (100%) of their regular hourly rate up to the limits noted below; Provided, the employee must retain a balance of at least eighty (80) hours after cash out. Payment shall be made to the employee as part of the first pay period in December.

1. An employee who uses 0 hours of sick leave can cash out twenty (20) hours

of unused sick leave.

2. An employee who uses 1-15 hours of sick leave can cash out ten (10) hours of unused sick leave.

3. An employee who uses 16-30 hours of sick leave can cash out five (5) hours

of unused sick leave. I. Employees who are members of the PERS 1 Retirement System, who use fewer than

thirty (30) hours of sick leave during the twelve (12) months period from November 16th to November 15th, they shall be offered the opportunity to convert unused sick leave to annual leave at a 1:1 ratio up to the limits noted below; Provided, the


employee must retain a sick leave balance of at least eighty (80) hours after conversion. Sick leave converted to annual leave must be used within one calendar year of conversion and will not be cashed out under any circumstances.

1. An employee who uses 0 hours of sick leave can cash out twenty (20) hours


2. An employee who uses 1-15 hours of sick leave can cash out ten (10) hours of unused sick leave.

3. An employee who uses 16-30 hours of sick leave can cash out five (5) hours


SECTION 33 – BEREAVEMENT LEAVE Bereavement leave with pay is allowed for an employee to attend and/or make arrangements for a funeral for a death in the employee’s immediate family. Registered Domestic Partners (RDP) are covered under the Bereavement Leave provisions of this Section. In order to qualify for this provision, an Employee’s domestic partner must be registered with the Washington State Registry for Domestic Partners, and employees must show verification of such registry, upon request by the Kitsap County Human Resources Department. Immediate family for purposes of this Section includes the following:

Children (includes foster, steps) Spouse’s/RDP’s Children

Parents (includes foster, steps) Spouse’s/RDP’s Parents

Siblings (includes foster, steps) Spouse’s/RDP’s Siblings

Grandchildren Spouse’s/RDP’s Grandchildren

Grandparents Spouse’s/RDP’s Grandparents

Aunt, Uncle, Niece, Nephew Spouse’s/RDP’s Niece, Nephew

Spouse/Registered Domestic Partner (RDP)

No more than three (3) regular scheduled shifts of bereavement leave is allowed per occurrence and is not cumulative. In the event the employee needs to travel out-of-state to attend a funeral, bereavement leave shall be allowed up to five (5) shifts. However, the fourth and fifth shift of bereavement leave is charged to the employee’s sick leave or other accrued leave. An employee must obtain the approval of the Director prior to taking leave.


SECTION 34 – CIVIL LEAVE A. Civil leave with pay shall be allowed to permit an employee to serve as a juror or to

testify in any federal, state, municipal, or tribal court (with jurisdiction over the employee) when a subpoena compels such testimony, unless the subpoena is the result of off-duty employment including volunteer service. An employee must notify the immediate supervisor as soon as possible and provide proof of compulsion; Provided, however, Civil leave is not available for use by an employee to testify in a case where the employee is a party of interest.

B. Any employee who would otherwise be prevented from voting in any preliminary,

general, or special election due to extended hours of work shall be allowed sufficient time off with pay for voting purposes.

C. An employee shall notify his/her supervisor of his/her availability for work during

any period of release from civil duty or while waiting to be impaneled. D. Employees who use at least six (6) hours of paid civil leave in one (1) day, pursuant

to this Section, shall have at least eight (8) hours off between the end of their civil duties and the start of their work shift and/or at least eight (8) hours off between the end of their work shift and the start of their civil duties.

SECTION 35 – MILITARY LEAVE A. Any employee who is a member of the Washington National Guard or of the Army,

Navy, Air Force, Coast Guard or Marine Corps of the United States, or of any organized reserve or Armed Forces of the United States, shall be entitled to military leave with pay pursuant to state law including RCW 38.40.

B. Any employee who enters upon active duty service or training in the Washington

National Guard, the Armed Forces of the United States, or the United States Public Health Service may seek leave of absence as set forth within this Agreement and, upon return, shall be entitled to re-employment pursuant to the provisions of state and federal law.

SECTION 36 – LEAVE OF ABSENCE WITHOUT PAY A. Any employee may take a leave of absence without pay upon prior written approval

by the Director. No approved leave of absence under this Section shall be taken unless the employee first expends all allowable accumulated leave, including compensatory time earned; Provided, this prohibition may be waived upon application to, and at the discretion of the Board of County Commissioners.

B. Leave of absence shall be granted at the sole discretion of and terms established by

the Employer, provided nothing herein constitutes a waiver of an employee’s right to leave pursuant to disability discrimination law.


C. Upon return from leave of absence, the employee shall be entitled to the former

position or a similar position, and there shall be no reduction in seniority, status, or pay; Provided, that period that an employee is on leave of absence without pay shall not be included in cumulated seniority calculation. An employee, during leave of absence, may continue insurance benefits; Provided, such employee makes arrangements for payment of employee and employer premiums.

D. Employees not eligible for sick leave who experience emergent and unforeseen

circumstances beyond their control that prevent them from arriving at work timely or at all (i.e. acts of God, extreme weather conditions, road closures, vehicle collisions, criminal acts, etc) shall be allowed to take reasonable annual leave or compensatory time for time not worked. An employee must notify the immediate supervisor as soon as possible and may be asked to provide proof of the emergency.

SECTION 37 – ABSENCE WITHOUT AUTHORIZED LEAVE An unauthorized absence shall be grounds for disciplinary action. Three (3) consecutive work days of unauthorized, unjustified absence shall constitute dismissal. SECTION 38 – FAMILY MEDICAL LEAVE (FMLA) Family Medical Leave applies as it currently exists or is hereafter amended by the Employer for County employees. Registered Domestic Partners (RDP) are covered under the FMLA provisions of this Section. In order to qualify for this provision, an Employee’s domestic partner must be registered with the Washington State Registry for Domestic Partners, and employees must show verification of such registry, upon request by the Kitsap County Human Resources Department. NOTE: Amendments to Employer’s Family Leave policies will be provided to the Guild when such amendments are made available to other employees of the Employer in the event the Guild may desire to negotiate such changes. SECTION 39 – ADMINISTRATIVE LEAVE Administrative leave with pay may also be administered in those situations where it becomes necessary to investigate a situation to determine what further disciplinary action may be justified. Administrative leave with pay may be used to give the Employer the opportunity to discuss the problem with the involved parties to determine an appropriate course of action, and when the situation is serious enough for the employee to be removed from the work environment. The decision whether or not to place an employee on administrative leave is at the sole discretion of the Employer and not subject to the grievance procedure. An employee may not be placed on administrative leave for a period in excess of 30 (thirty) days. If an employee is the subject of an investigation that is not concluded within the period of any administrative leave, the Employer may place the employee in an unpaid leave status pending the results of the investigation if the Employer


has reason to believe that the circumstances warrant a disciplinary suspension or discharge. SECTION 40 – TERM OF AGREEMENT A. Unless otherwise expressly provided herein, the terms of this Agreement shall be in

full force and effect on January 1, 2016, and shall remain in full force and effect until 1) the Interlocal Agreement (“ILA”) establishing CENCOM terminates and Kitsap County is no longer the employer of CENCOM employees or 2) December 31, 2018. In the event that either or both of the conditions listed above do not occur by December 31, 2016, the parties agree to reopen this agreement in its entirety for further negotiations.

B. Negotiations on proposed amendments to this Agreement may be held at any time

by mutual agreement of the Guild and the Employer. Any such negotiations shall be restricted to the subjects agreed upon in advance in writing, and shall not therefore open all subjects to negotiations.

SECTION 41 – COMMUTE TRIP REDUCTION The Employer reserves the right to implement programs to ensure compliance with the CTRA and 1992 or similar legislation, including, but not limited to, assessment of parking fees, preferential parking for car pools, restricted parking areas for public and designated County employees. The Guild retains the right to negotiate regarding parking fees or similar issues having a negative financial impact on employees prior to implementation. SECTION 42 – SAVINGS CLAUSE A. The Guild and the Employer shall refer to the Employer’s Personnel Manual to

resolve matters not covered by this Agreement or for elucidation of matters covered by this Agreement; Provided, nothing contained in the Employer’s Personnel Manual shall degrade from the provisions of this Agreement.

B. If any provisions of this Agreement shall be held invalid by operation of law or by a

tribunal of competent jurisdiction, or if compliance or enforcement of any provision of this Agreement should be restrained by such tribunal, pending a final determination as to its validity, the remainder of this Agreement shall not be held invalid, and shall remain in full force and effect. In such event, the parties shall meet within thirty (30) days for renegotiation of such invalid provisions for the purpose of adequate and lawful replacement thereof, and to preserve the intent of the entire Agreement as negotiated by the parties.

SECTION 43 – ENTIRE AGREEMENT CLAUSE The parties acknowledge that during the negotiations resulting in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any


and all subjects or matters not removed by law from the area of collective bargaining, and the understanding and agreements arrived at by the parties after exercise of that right and opportunity are set forth in this Agreement. Employer and Guild each voluntarily and unqualifiedly waive the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter not specifically referred to or covered by this Agreement, even though such matter may not have been within the knowledge or contemplation of either or both parties at the time they negotiated or signed this Agreement.

SECTION 44- ADOPTION AND RATIFICATION

DATED this 'j

Dan aniels, Clerk of the Board



APPENDIX A

Kitsap County Central Communications Investigation Procedures

A. Purpose and Application

1. This process applies when: a. CENCOM becomes aware of any concern from an external source that

may result in disciplinary action; OR

b. CENCOM becomes aware of a concern from an internal source and the issue is likely to either result in an external complaint or disciplinary action; OR

c. CENCOM becomes aware of possible exemplary conduct.

2. This procedure is only intended to supersede the Kitsap County Personnel Manual or County Policies adopted by the County Board of Commissioners on those topics specifically detailed below. To the extent a particular matter is not addressed below, but is covered in the County Personnel manual or in County policy, the Manual or a particular policy shall govern. Provided, however, the procedures in this Appendix shall not supersede the procedures contained in Kitsap County's Policy Prohibiting Discrimination and Harassment, or Whistleblower Protection Policy.

3. Respectful interactions are a cornerstone of CENCOM’s open

communications philosophies. Accordingly, all parties involved are expected to conduct themselves professionally and in accordance with CENCOM policy and communications expectations.

4. Investigators and decision makers will respect an employee’s Constitutional

and other due process rights including Garrity, Weingarten, and Loudermill.

B. Procedure:

1. Whenever management is in receipt of an external or internal complaint or commendation, the inquiry shall be entered into the inquiry database and forwarded to an appropriate supervisor and/or manager for a preliminary investigation.

2. The investigating supervisor and a management employee shall independently review the inquiry. A management designee coordinates all investigations that may result in suspension or termination. A supervisor or assistant supervisor may conduct all other investigations. Assistant


Supervisors consult the shift supervisor or Management Designee before issuing oral warnings. The reviewer is consulted before issuing written warnings.

3. The investigator will conduct the preliminary investigation using appropriate tools available based on the nature of the inquiry. This may include the investigator reviewing tapes and chronologies.

4. In the event, following completion of the preliminary investigation, that the Employer is contemplating discipline:

a. The employee must be given notice within forty-eight (48) hours of

the completion of any preliminary investigation of the subject matter/allegations and offered the opportunity to respond to the allegations. If requested by the Employer, the employee is required to: a) sign an acknowledgement of receipt of the notice of the allegations, and to b) affirmatively inform the Employer in writing of his or her response to the allegations.

b. Prior to any investigatory interview the employee will be provided

notice of the subject matter of the interview, and upon request, the employee shall be afforded the opportunity to consult with a guild representative. Up to two Guild representatives may be present at the interview. The interview may not be delayed more than twenty-four (24) hours beyond the time set by the investigator unless a longer delay is mutually agreed upon by the employer and employee.

c. The Employer will not order an employee to answer questions in an administrative investigation that will impair the employee's constitutional Fifth Amendment privilege against self-incrimination in a criminal matter. In addition, the employee will not be disciplined for refusing to waive the privilege against self-incrimination.

d. When possible, the questioning shall be conducted at a reasonable hour, preferably at time when the employee is on duty or during the normal waking hours for the employee, unless the seriousness of the investigation requires otherwise. If such questioning occurs during off-duty time of the employee being questioned, the employee shall be compensated for such off-duty time in accordance with regular employer procedures. Any questioning session shall be for a reasonable period, taking into consideration the gravity and complexity of the issue being investigated. Persons being questioned shall be allowed to attend to their own personal physical necessities whenever reasonably possible.


e. Employees shall not be subjected to any abusive language, nor shall investigators make promises or threats as an inducement to answer questions in a particular way.

f. The complete questioning of an employee may be recorded by mutual consent of the employer, the employee, and/or the employee’s representative. If a recording is made of the questioning, upon request, the employee shall be given a copy of any recording in which they participated.

5. Upon completion of the inquiry by the Investigator: If the issue is exemplary conduct and the Investigator concludes the inquiry is founded, the Investigator awards the employee either a kudo or commendation, routing the completed packet to the Management Designee.

6. If the inquiry is unfounded, the Investigator closes the inquiry. If the employee was aware of the inquiry then the investigator informs them that the inquiry was unfounded.

7. If the inquiry is founded and a minor isolated infraction then the investigator counsels the employee on ways to improve their performance. The employee may be required to sign the inquiry and the investigator closes the inquiry.

8. If the inquiry is founded, and an infraction has occurred, the Investigator has two primary courses of action: a. to provide counseling to the employee (which is non-disciplinary in nature), OR, b. to administer discipline consistent with Section 14 of this contract (Note: Employer will provide work time to allow employees opportunity to comply with Employer directive/expectation):

a. NON-DISCIPLINARY ACTION:

(1) Counseling of Employee (non-disciplinary): Upon request, the inquiry is signed by the employee (acknowledging a non-disciplinary counseling discussion has occurred) and the investigator closes the inquiry. Counseling documents shall be retained in the inquiry system indefinitely, and in the supervisory drop file until the next performance review.

b. DISCIPLINARY ACTION:

(1) Oral OR Written Warning: The inquiry is signed by the employee (acknowledging either an oral warning or a written warning has been administered) and the investigator closes the inquiry.


(2) Suspension without Pay OR Discharge: The inquiry is referred to the Director for consideration of suspension without pay or discharge.

9. Personnel records will be maintained and access limited in accordance with Chapter 15 of the County Personnel Manual (Attachment 5).

10. The Employer will make all reasonable efforts to complete any disciplinary

investigation within ninety (90) days of an employee being informed of an investigation and to issue (if a suspension without pay, or discharge) notice of a pre-disciplinary or pre-termination hearing within twenty (20) calendar days from the date the completed investigation file is brought to the attention of the Director or his/her designated representative. The Employer may request that the Guild extend the timelines specific herein, and such request shall not be unreasonably denied.

11. Upon request, Employees are required to acknowledge receipt, by their

signature, of all official documents (including inquiries involving counseling, which is non-disciplinary). Refusal to acknowledge such documents upon request and refusal to participate in investigations shall be independent cause for discipline. The employee's signature represents that they have received the document not that they agree with the action.

12. Final Disciplinary Actions:

a. Prior to making a final determination of disciplinary action involving

loss of pay, a due process meeting will be conducted between a representative of the Employer and the impacted employee. The Employer will notify the employee in writing of the contemplated discipline and provide the employee with a copy of the completed investigative report.

b. The employee will have a minimum of three (3) working days to

review the case. This period may be extended if the employee has reasonable grounds for an extension.

c. A due process meeting shall be conducted following the three (3)

working day review period, unless an extension has been granted. The employee will be afforded the opportunity to present any mitigating evidence he/she deems pertinent; the employee may submit the information orally or in writing. The employee may be represented at the due process meeting by his/her Guild representative(s), the total not to exceed two (2) representatives for the employee.


d. The due process meeting may be recorded by mutual consent of the

employer, the employee, and the employee’s representative. If a recording is made of the questioning, upon request, the employee shall be given a copy of any recording in which they participated.

e. Following a consideration of any additional information provided by

the impacted employee, the final determination will be made. The employee will be notified in writing of the final determination and provided with a copy of any additional documents generated through the due process meeting process.


APPENDIX B Examples of Application of Overtime and

Premium Pay Provisions

OVERTIME CALCULATIONS: 30-hour work week: An Employee is scheduled to work Four 10 hour shifts Sunday-Wednesday followed by 4 days off and works each of their shifts, on Friday they return for a 5-hour shift. Although they only have 35 hours in the work week they would be compensated at the overtime rate for their 5 hour shift.

Sunday Monday Tuesday Wed. Thursday Friday Saturday

10 hours 10 hours 10 hours 10 hours Off 5 hours Off

Regular pay work week 1

Regular Pay work week 2



Overtime

30-hour work week plus 10 training hours: An employee is scheduled to work Four 10-hour shifts Sunday-Wednesday followed by 2 days off then 1 10-hour training shift on Saturday. All 40 hours compensated at regular rate.


10 hours 10 hours 10 hours 10 hours Off 10 training hours






40 hour scheduled week with sick leave: An employee is scheduled to work Four-10 hour shifts followed by a day off then a 10-hour overtime shift. Employee calls in sick for one of their 10-hour regular shift. All 50 hours compensated at regular rate.


Off Works 10 hours

Works 10 hours

10 hours Sick Leave

10 Hours Off 10 hours



Regular Pay (sick leave bank) work week 1


Regular pay rate, work week 1


40 hour scheduled week with adjustment or flex hours and 5 extra hours: An employee is scheduled to work their regular shift for three of their four work days but works another shift for the fourth day, then an additional 5 hours during that week. Employee is compensated for 40 hours at their regular pay rate plus 5 hours at the overtime rate.


Off Works 10 hours Day Shift

Works 10 hours Day Shift

Works 10 Hours Day Shift

Works 10 hours Swing Shift

Off 5 hours





Overtime Rate

40 hour scheduled week with adjustment or flex hours and 5 extra hours: An employee is scheduled to work their regular shift for three of their four work days, but replaces one work day with a normal day off, then works an additional 5 hours during that week. Employee is compensated for 40 hours at their regular pay rate plus 5 hours at the overtime rate.


Off Works 10 hours Day Shift

Works 10 hours Day Shift

Works 10 Hours Day Shift

Adjusts Off Adjusts On 10 hours

5 hours




No Pay Regular Pay work week 1

Overtime Rate

Application of Overtime and Premium Pay Rates:

Example A: An employee whose hourly rate of pay is $20.00 who works 10 hours of straight time plus 2 hours overtime on Thanksgiving Day would receive ten hours pay at his or her established hourly rate of $20.00 per hour plus two hours pay at one and a half (1 1/2) times his or her established hourly rate as follows:

(10 hours x $20.00 per hour) + (2 hours x $20.00 x 1.5) = ($200) + ($60.00) = $260.00

Example B: If the employee in Example A was eligible to receive holiday premium pay under Section 30 (i.e. an employee in the classification of Emergency Telecommunicator Trainee, Emergency Telecommunicator, or Primary Call Receiver) the employee would receive an additional premium as follows:

12 hours x $20.00 x .5 = $120.00 For the 12 hour Thanksgiving Day shift, this employee would receive total pay in the amount of:

$260.00 + $120.00 = $380.00


APPENDIX C

Technical Systems Supervisor

(Labor market skill shortage premium)

At the Director’s sole discretion, upon a finding that a candidate for or the incumbent in the Technical Systems Supervisor position has exceptional skills and qualifications for the position that are not otherwise available in the candidate pool, the Director may elect to pay a special Labor Market Skill Shortage Premium of 3.35% of the base hourly rate. Once granted, the Director will review, on an annual basis, whether to continue to pay this premium. A decision of the Director to discontinue the premium for a candidate or an incumbent is final and not subject to the grievance and arbitration provided in the Collective Bargaining Agreement.


APPENDIX D




APPENDIX E

OVERTIME DISTRIBUTION

Overtime Assignment Modifications to Procedures

Definitions: Fair share OT: Overtime identified when the new schedule is created and posted.

This OT is evenly distributed throughout the employees. Posted OT: Overtime that is posted on the schedule for more than 24 hours with

opportunity for employees to voluntarily select the time. Last minute OT: Overtime that comes up with less than 24 hour notice. This overtime

has a limited window of time that it will be voluntary for employees before the supervisor must mandate.

Incentive credits: Credit system for employees voluntarily taking additional hours

outside the fair share process before being mandated. Fair Share Overtime: All fair share overtime selection and distribution will be mandatory, meaning all hours will be distributed from the initial assignment. A list of who the first person selecting overtime each fair share schedule will be provided for the year for employees to know where their selection will be. CENCOM will continue to use the seniority list as in previous years, divided into 3 parts and rotating a different person to start with each new fair share schedule posting. At the time the schedule is posted, the total number of dispatcher overtime hours will be calculated, divided by the number of Emergency Telecommunicators, Assistant Supervisors and Supervisor to determine fair share minimums per person. The total number of PCR overtime hours will be calculated and divided by the number of PCRs to determine fair share minimums per person. If the number of PCR hours per person is higher than the dispatcher minimums, the minimum for PCRs will be the same as the dispatcher minimums. Hours left over will then be available as incentive credit hours. Once the new schedule is posted the fair share hours per position and a distribution date will be provided. All employees must submit a list of hours they are willing to work that meets the minimum hours per their position. List can include more hours and the more choices/preferences you submit the better likelihood you will get something you want rather than being mandated for undesirable hours. You can break this up into 1st choice,


2nd choice and 3rd choice if you wish. Please make preferences known (example: holdovers, come in early, only wish to work 2 of my 4 days off, will take up to 5 hours a day, and note if you would rather work morning or evenings). If possible, attempts will be made to honor your preferences. Any preferences should be reiterated in each new schedule selection of hours. Also mention any training, vacation, trades, project time. If an employee fails to provide a list of hours, this information will be forwarded to their supervisor via the inquiry system. Vacation or extended sick leave during the timeline of posting to distribution would qualify as an “unfounded” inquiry. Even if hours per person are extremely low (example: PCR fair share is 10 hours total, not per person) submit your selection. There is no way to tell if you forgot, on vacation, etc. In the case of low hours if you indicate you would like to pass on the hours they will be provided to another employee who wants them. Dispatchers are able to follow these same procedures.

Fair share hours will be distributed in 2 rounds on the same day. The 1st Round will be 50% distribution of the fair share amount per employee (i.e. if there are 50 hours per employee the 1st round each employee will be given 25 hours). If you are on vacation for half or more of the time on the fair share schedule, your required hours will be pro-rated. You must make a note on your fair share picks. Once all preferences, picks, etc are exhausted, employees will be assigned hours in chronological order of availability on the schedule. If overtime hours for the fair share schedule calculate out to 5 hours or more per week per person, all bid vacation time will be prorated. Trades do not count as vacation for this calculation. (Example, for an 8 week schedule fair share hours would need to be 40 or more hours per person to trigger this prorate. Someone taking 2 weeks’ vacation will be able to reduce their fair share bid to 39 hours or 75% of the fair share hours.) Take the number of fair share hours divided by the number of weeks of the schedule and if the sum is 5 or more the prorate trigger applies. A week of vacation is defined as 4 scheduled work days for full time, 2 scheduled work days for part time. This is an attempt to relieve the amount of overtime an employee would have to work in a compressed period of time when overtime is extremely high.


Fair Share Overtime Assignment Process

ROUND 1

First 50% of required Fair Share

PCR time will be allotted before dispatch hours.

PCRs:

– PCRs with list

– PCR with NO list (enter inquiry they go to the bottom)

– if no list – employees’ names go to the bottom of 1st round list

- when the employees’ names come back around at the bottom of the list, they will be assigned their hours based on next available hours able to work.

Dispatchers: – Dispatchers with a list

– Dispatchers with NO list (enter inquiry they go to the bottom)

– if no list - employees name goes to the bottom of 1st round list

- when the employees' names come back around at the bottom of the list, they will be assigned their hours based on next available hours able to work.

For all: – 50% of the hours per person on the first rotation, rotating people to start fair share with – Start with different person each new schedule. List is split in thirds by seniority.

ROUND 2

– Second 50% for Fair Share

– PCR ALL (in original order)

– Dispatch ALL (in original order)

> Will work from listed picks or preferences, once that is depleted, it will go in chronological order of hours available on schedule


> If you did not select any hours for either round, your additional time will be selected for you. Additional Information: Dispatchers cannot pick for PCR time in the original Fair Share distribution. They

may take hours available after distribution which will be eligible for incentive credits.

Any exchange of Fair Share hours is invisible to the distribution process and not

eligible for incentive credits. If your schedule is adjusted, this does not count towards Fair Share and does not count as overtime.

Once Fair Share is complete, and all time is allocated that can be, any remaining

hours are eligible for incentive credits whether or not the employee made the minimum number of hours. (example: If an employee volunteers to take additional hours with less than 8 hours turnaround, employee will be given incentive credits.)

Supervisors will not be responsible for tracking employees’ fair share hours.

Even Day Mandates (formerly known as daily mandates): Even day mandates will be calculated on even days 0430 for any time 24 hours out for the next 48 hours (example: 1/2/08 at 0430 the mandates begin for any posted OT from 1/3/08 at 0430 to 1/5/08 at 0430. On 1/4/08 mandates will be calculated for 1/5/08 at 0430 to 1/7/08 at 0430.) Calculations will be made from what the mandate board reflects at 0430. Incentive credits can be used any time prior to 0430 to have their name moved for this calculation, but not at or after 0430. Every time a month ends on an odd number day (i.e. on the 29th or 31st), 72 hours of time will need to be mandated in order to stay on the even day schedule. (7 months out of the year and leap year need to remember to include all three days: January, March, May, July, August, October, December and February if leap year.) The Supervisor is responsible for saving a snap shot of the schedule on every even day mandate. This is whether there are any mandates or not. These snap shots provide back-up information. Advisory System: This is still a work in process as we find systems to use that best meet our need. Currently CENCOM is using multiple systems to notify employees of available overtime via pagers, text message, home phone or a combination of preferences by employee. CENCOM provides pagers for those interested in carrying one to be notified of overtime. Those employees interested in receiving a text message must submit a form to the CENCOM OT


Advisory Group that waves any responsibility for CENCOM to pay charges for the text message. Employees should notify the OT Advisory Group when they are going to be on vacation and do not want to receive OT text messages. Please include start and end dates. CENCOM continues to look for more streamlined systems to notify of available OT including the ability to view shortages on the schedule from outside the center. When last minute overtime comes up the supervisor will:

o Send message to the floor about available overtime. o Call extra Help (Currently all extra help are included in the next step) o Send out message to pagers/text message notifying of available overtime and

a window of time the OT will be available voluntary. The mandate board indicates someone using text in yellow and pagers white with a “P.”

o Call listed employee phone # for those who don’t have pagers or text.

Incentive Credit System (effective 6/1/08): The Incentive Credit System is a pilot project that came out of the Collective Bargaining Agreement as an opportunity to develop a program that recognizes voluntary selection of available overtime. This is in addition to the paid overtime of working the hours and still being moved to the bottom of the mandate list when working the hours. Credits earned and used will be tracked on a computerized log by the supervisors. Any earned hours will be electronically initialed by the supervisor. Any use of hours will be electronically initialed by the supervisor and notate the time, message number, phone line or email where the employee notified of the desire to use the credits. Credit Ratio: One Credit is earned for each volunteer slot taken. (i.e. 1600-0200 (10 hours) is 1 credit; 1600-1900 (3 hours) is 1 credit; 0630-0900 (2.5 hours) is 1 credit). Credits are only earned once the hours are worked. If incentive time is given away, the credit is not earned by either party. You can only utilize credits that have already been earned. Credits can be redeemed two ways: 1. You may redeem 3 credits to have your name moved to the bottom of the mandate

list. You can use your credits at any time and as many times as you wish, provided you have the credits (exceptions, such as even day mandates are listed in their separate sections). This does not guarantee you will not be mandated and does not exclude you from a mandate if you are the only person who can work the mandate. It is not the supervisor’s responsibility to notifying of a bidding war.

2. Use Incentive Credits to opt out from Fair Share picks for a month. If someone opts

out this allows them 4 weeks (Monday through Sunday) within the month to not receive any fair share overtime hours (example August 3rd through August 30th). Bid outs are prorated. (Example, 12 week schedule and employee opts out one month then the fair share is prorated so if the fair share was 60 hrs for the schedule


period, the employee would bid 40 fair share hours.) The cost of opting out is dependent upon the month. Non-premium months are 20 credits - January, February, March, May, October and November. Premium months are 25 credits - April, June, July, August, September and December. Prior to the posting of the schedule, employees will receive an email advising when the schedule will be completed and a time line for employees to put in requests to opt out. If an employee opts out a month but picks time during the opt out time, the picks will be given to them provided they are eligible for it based on the fair share rules. An opt out time line does not protect any weekends or days off outside of the opt out time. For example, if the bid out starts 8/3/09, the employees days off prior to 8/3/09 are still eligible for fair share or other mandates. A maximum of 2 dispatchers (ET, AS & SS) and 1 call receiver are allowed to opt out for any month. If more than 2 dispatchers and 1 call receiver request to opt out, scheduling personnel will conduct a bidding war. If a bidding war occurs, it will be conducted electronically. (i.e. Mary, Stephanie and Sarah J. are in a bidding war. Mary bids 30, Stephanie bids 27 and Sarah J. bids 40 and Stephanie is not willing to go any higher than 27. Both Mary and Sarah J. will be charged 28 credits). The 3 highest bids win the opt out.

Voluntary Overtime: Much of the feedback received identified a desire by employees to have opportunities to select overtime voluntarily. When last minute overtime occurs the supervisor will notify the operations floor of available time. Any volunteers will receive the time on a first come, first served basis. If you have another person who is willing to take the whole shift or overtime amount but they are second to request it the time goes to the first person. However, if you cannot cover the remaining time the supervisor should work with the two employees for the interest and needs of operations. If overtime is not covered voluntarily by on duty staff or extra help, the supervisor will send text and pager messages advising of the overtime and a “window” of time that will be considered voluntary. As a general guideline this time will be approximately 50% of the time between the notification of the available time and the start of the vacancy. (Example: The time now is 10:00, the overtime is 2100 to 0700. The voluntary window is from 10:00 to 15:30.) Employees who call during the voluntary window will be allowed to take only the time they want and will not be mandated for additional hours of the time to be covered. This does not negate the need of the supervisor to mandate an employee at CENCOM to cover hours if necessary (Example: night relief person may be mandated before leaving at 11:00 to cover 2300 to 0100.) The supervisor will assess the voluntary window based on a multitude of factors and give a reasonable amount of time for volunteers. When you take a sick call the minimum steps to complete overtime coverage is to send a message to the floor. When 2 people request the time at the same time the time will go to the person higher on the mandate board. For example, if you are supervising and you send


the request out and you are also interested in the time you would refer to the mandate board for who gets the time. Volunteering for overtime does not move your name down on the mandate list. It is the employee’s responsibility to make sure their name has been moved down on the mandate board and that incentive credits have been properly tracked. Moving names down on the mandate board: The employees’ base schedule, both full and part time, is their regular scheduled work days or their adjusted schedule. Anything worked outside of these hours would qualify to have your name moved down. (Example: if an employee is scheduled for 40 hours in a week and is given one of those days off in order to attend training day, they will not get their name moved down for the training day. If the employee is in a 30-hour scheduled work week and attends training day on an additional day their name will be moved down.) Once an employee begins their overtime, or additional work hours, their name will be “bumped” on the mandate OT board to stick out within the column. In order to calculate mandates the supervisor will skip the “bumped” employee to identify the most remotely worked as the person is now working additional hours. (The exception to this is even day mandates, which uses the mandate board as is and does not consider “bumped” employees.) Should the list be exhausted, the supervisor will then calculate any “bumped” employees on the order they would move to the end of the list based on the ending time of their additional hours. The person working the latest end time would move to the bottom of the list. Example: Three employees arrive for overtime at 1600. A is working until 0200, B is working until 1900 and C is working until 2100. When moving the names the order would be: B, C, and then A based on their ending time. Employee B would be the first mandate eligible due to ending time.


APPENDIX F

ALCOHOL AND CONTROLLED SUBSTANCES POLICY

A. DEFINITIONS

1. Reasonable Suspicion: Suspicion based on objective facts, and inferences from those facts in light of experience, that an employee is under the influence or impaired by the use of alcohol and/or drugs or has been using illegal drugs. Prior to requiring an employee submit to testing for alcohol or controlled substances a supervisor must be able to articulate the specific facts, circumstances, observations, physical evidence, signs, symptoms, or pattern of performance and/or behavior that cause them to reasonably conclude an employee may have violated this alcohol and controlled substances policy.

2. Random Testing: Alcohol and controlled substance testing administered at

unspecified intervals as part of a return to work agreement between an employee, the guild, and the employer to ensure a previous problem of substance abuse has been arrested. The conditions of such testing, including liability for payment, will be specified in the return to work agreement.

3. Under the influence: A blood alcohol level of .02 grams or greater per 100

ml or blood, or a finding of a positive test result for illegal drugs. 4. Illegal drugs: All forms of narcotics, depressants, stimulants, hallucinogens,

and cannabis, whose sale, purchase, transfer, use or possession is prohibited or restricted by law as well as prescription medications for which the employee does not have a prescription.

5. Over-the-counter drugs: Those drugs generally available without a

prescription from a medical doctor and are limited to those drugs that impair judgment or an employee’s ability to safely perform their duties.

6. Prescription drugs: Those drugs which are used in the course of medical

treatment and have been prescribed and authorized for use by a licensed practitioner/physician or dentist.

B. PURPOSE

1. Use of alcohol and/or controlled substances are serious problems affecting the lives of millions of workers and have been linked to accidents and deaths in the workplace, decreased worker productivity, increased health care costs and increased employee absences.


2. CENCOM’s highest duty is to the public and the emergency response personnel of Kitsap County. The Employer, Guild, and the employees it represents recognize that the use of controlled substances and alcohol which adversely affects job performance in any way constitutes a serious threat the health and safety of the public, to the safety of fellow employees, and to the efficient operations of CENCOM.

3. The purpose of this policy is to promote safety by insuring employees are

sufficiently fit to perform essential job functions and by detecting and deterring conduct that may jeopardize the individual health, safety and well being of employees, responders, and the public. Equally important, however, is the assurance to employees that personal dignity and privacy will be respected and that harassment, discrimination and defamation will not be tolerated.

C. POLICY

1. Employees will NOT report for or be on duty while under the influence of alcohol or controlled substances (including prescription or over-the-counter medications that impair judgment or an employee’s ability to safely perform their duties).

2. Employees will NOT consume alcohol while on duty or prior to work such

that the consumption has an adverse effect on the employee’s ability to perform their job.

3. Employees will NOT purchase alcohol while on duty except where any

purchase is made during a break period when the employee is relieved from duty. Any alcohol purchased during a break period or before starting a shift shall not be stored in any CENCOM facility.

4. Employees will NOT use illegal drugs, including prescription medications for

which the employee does not have a prescription. 5. Employees taking medication will consult with their medical provider to

determine whether the medication is likely to impair their ability to perform their duties. Employees will NOT report to work in those cases where they cannot safely perform their job duties.

6. The Employer encourages employees with drug or alcohol problems to seek

assistance with those problems. Any employee who voluntarily requests assistance in dealing with a personal drug and/or alcohol problem may do so through the Employee Assistance Program in complete confidence and will not be disciplined for doing so. Discontinuation of any involvement with alcohol or drugs is an essential requisite for participation in any treatment program. Provided that, nothing in this section will preclude the employer


from taking disciplinary action for an employee who has arrived for work impaired or engaged in other misconduct.

7. The Employer will comply with the Americans with Disabilities Act,

Washington Law Against Discrimination, and other applicable statutes. 8. When the Employer has a reasonable suspicion that an employee is under the

influence of alcohol or controlled substances, or has recently used illegal drugs, the employee in question will be asked to submit to discovery testing including breath tests, urinalysis and/or a blood screen to identify any involvement with alcohol or controlled substances. Any employee impaired by alcohol or controlled substances while on duty, or who tests positive for illegal drugs is subject to disciplinary action, up to and including termination. No employee shall be asked to submit to, or be subjected to, any random drug or alcohol testing unless it is part of a last chance or return to work agreement, as agreed to by the employer, the employee, and the Guild.

9. Refusal to submit to reasonable suspicion testing, failure to provide a sample

during testing, failure to follow the directions of the collection facility, failure to sign paperwork required by the collection facility, or attempts to tamper with the sample will be treated as a positive test result.

10. Employees involved in a motor vehicle collision while on duty (when

operating either a personally owned or employer provided vehicle) must notify a supervisor or manager immediately or as soon as they are medically able. Alcohol or controlled substance testing will be required if the accident is likely to result in a fatality or if the supervisor has reasonable suspicion that the employee is impaired.

11. The employer is committed to respect the privacy and reasonable concerns

of employees who are required to be tested for alcohol and controlled substances as well as those who have notified the employer of medication use (See POL-203), and those who seek assistance with drug or alcohol problems. The Employer takes extensive measures to ensure that all records, documents and related materials concerning who has been tested, why they were tested and the results of those tests are held in strictest confidence, and that all meetings and conversations relating to alcohol and controlled substances testing are treated as confidential. All such records are marked confidential, securely stored, and only released on a need-to-know basis or as required by law. Any employee who breaches confidentiality is subject to discipline up to and including termination.

D. TESTING PROCEDURE


1. When reasonable suspicion exists, an employee will be relieved of duty and interviewed and observed in a private area. When possible the supervisor will confer with the duty manager after relieving an employee of duty and prior to conducting their interview.

2. When requested, the employee will be allowed a reasonable period of time to

consult with a guild representative. 3. The employee shall be given an opportunity to explain the reasons for their

condition. 4. The employer may request breath, urine, hair, and/or blood samples. 5. An employee who is suspected of impairment will not be allowed to drive. If

offsite testing is indicated a supervisor or manager will escort the employee to the collection facility. The supervisor will either remain in the waiting area or direct the employee to call the supervisor and wait for a ride when they are finished. If the employee attempts to drive, law enforcement will be notified and the employee will be subject to discipline up to and including termination.

6. The supervisor or manager will NOT observe the testing process. The

employee may request a guild official or other readily available observer accompany them to the testing facility. All employees, regardless of role, will comply with the testing facility’s policies, directions, and collection procedures.

7. Offsite breath testing shall be undertaken only utilizing a BAC device (or its

future equivalent) complying with all standard protocols and requirements applicable to such devices for criminal investigations (and/or OSHA CDL testing requirements).

8. Urine and Blood Testing will be conducted by a medical professional at the

Doctor’s Clinic Occupational Medicine Facility in Silverdale, a local Group Health Cooperative of Puget Sound facility, Prompt Care, or at Harrison Medical Center. Should the employer desire to contract with a medical facility other than those listed above, the employer will confer with the Guild prior to executing a contract.

9. Urine and Blood samples will be processed as split samples. 10. All testing shall be conducted in conformance with U.S. Department of Health

and Human Services Substance Abuse and Mental Health Services Administration (SAMHSA) standards, methods, and techniques.


11. Positive tests thresholds shall be defined by current SAMHSA standards, which may be modified from time to time by the U.S. Department of Health and Human Services.

12. The costs associated with reasonable cause alcohol and controlled substance

testing will be paid by the employer. At the employee’s option and expense, the split specimen may be sent to a SAMHSA certified lab of their choosing. The employee must request this within 72 hours of being notified of a positive result.

13. The employee shall be informed of the results of all tests, and provided with

all documentation regarding the tests as soon as the test results are available. The employee must provide the employer with written instructions if they want the results and/or documentation to be provided to the guild. If the employee and/or guild choose to present their own results to the employer, the employer shall take into consideration those results in any final decision concerning possible discipline or termination.

14. The Employer shall designate a Medical Review Officer (MRO) to review all

confirmed positive test results and communicate those results to the Employer. The MRO shall have the responsibility to determine when an individual has failed a drug test. The MRO shall retain all records in accordance with their own policies and procedures.

15. If the results of the alcohol or controlled substance test are positive, and

support a conclusion that the employee violated this policy, the employee may be subject to discipline including immediate termination.


ATTACHMENT 1

KITSAP COUNTY PERSONNEL MANUAL

CHAPTER 12 – DISCIPLINE AND DISCHARGE

SECTION B – CAUSES FOR DISCIPLINARY ACTION

1. The following is a non-exclusive list provided for illustration of “cause” for disciplinary action:

a. Incompetency or Inefficiency: Failure to meet the requirements set forth in

the job classification or failure to meet reasonable work performance standards.

b. Neglect of Duty or Dereliction of Duty: Engaging in any activity or personal

business which causes the employee to neglect or be inattentive to his/her job responsibilities.

c. Conduct Unbecoming a County Employee:

(1) Discourteous treatment or offensive conduct toward the public or fellow employees.

(2) The use of indecent, obscene, course, vulgar or offensive language,

including but not limited to racist or sexist slurs, directed toward or in the presence of the public or fellow employees.

d. Assault or threat directed toward the public or fellow employees. e. Misuse or abuse of power when dealing with members of the public for

personal gain. f. Unauthorized Use of County Time, Property or Equipment. g. Deliberately destroying, damaging or defacing County property or records. h. Misappropriation or theft of county property, funds or services; or the

property/funds of co-workers in the workplace. i. Bribery: Making a bribe, accepting a bribe, or soliciting a bribe in the course

of county business.


j. False Statements: False or fraudulent statements or fraudulent conduct by an employee or such actions by others with his/her collusion. Falsifying records or reports.

k. Violation of Laws, Regulations, Ordinances, Policies or Rules: Violation of State, County, or Departmental work rules, policies, safety rules or regulations.

l. Solicitation of Illegal Acts: The attempt to induce an officer or employee of

the county to commit an illegal act or violate any lawful and reasonable departmental regulation.

m. The Commission of a Crime: Any felony or misdemeanor crime whether

committed at or away from the workplace or during or outside of working hours, that is or may be work related which may impair the employee’s ability to perform his/her duties, or which is so disruptive to the work relationship between the County and the employee or the employee and their coworkers that the Employing Official feels compelled to discharge the employee rather than tolerate the disruptions and inefficiencies that continued employment may cause.

n. Insubordination: disobedience, unwilling to submit to established authority,

the refusal to perform assigned work unless such performance would constitute a safety hazard or illegal act.

o. Absences Without Authorization: Failure to report for work, failure to give

actual reasons for an absence, or failure to return to work upon the expiration of a vacation or authorized leave.

p. Chronic tardiness or excessive absenteeism.


Attachment 2


ATTACHMENT 3


CHAPTER 9 – EMPLOYEE BENEFITS

DEFINITION OF “CHILD”, SECTION F, 4.b.: “Child” means a biological, adopted, or foster child, a stepchild, a legal ward, or a child or person standing in loco parentis who is (i) under eighteen years of age; or (ii) eighteen years of age or older and incapable of self-care because of a mental or physical disability.


ATTACHMENT 4


DEFINITIONS APPLICABLE TO SECTION 32 – SICK LEAVE

“Grandparent” means a parent of a parent of an employee. “Parent” means a biological parent of an employee or an individual who stood in loco parentis to an employee when the employee was a child. “Parent-in-law” means a parent of the spouse or the registered domestic partner of an employee. “Spouse” means a husband or wife, as the case may be. “Registered Domestic Partner” means an employee’s domestic partner who is registered with the Washington State Registry for Domestic Partners.


ATTACHMENT 5


CHAPTER 15 – RECORDS AND REPORTS

SECTION A: PERSONNEL RECORDS AND FILES

1. The Human Resources Department shall establish and maintain a personnel records system, which are the County’s official records for each employee. Reporting procedures and forms are established by the Director or designee. Information complied and retained in the central personnel file consists of records and reports deemed pertinent which shall include, but is not limited to:

SECTION B: CONFIDENTIALITY AND PUBLIC DISCLOSURE

1. Each employee’s personnel records shall be kept confidential to the maximum extent permitted by law, and shall not be open to inspection by any person other than the employee, the employee’s supervisor, Employing Official and the Human Resources Department staff in the conduct of personnel matters prescribed by this Manual, unless such person has obtained the written consent of the employee.

2. Although personnel files are considered confidential, the County may be obligated to

release certain personnel information to labor organizations or to other entities or individuals making a valid request under state or federal law, (e.g., Washington State’s Public Disclosure Act—Chapter 42.17 RCW). Except for routine verifications of employment, no information from an employee’s central personnel file is released to the public, including the press, without a written request for specific information. The decision to release or not release information is made by the Director.

3. Other personnel records and files that are specifically exempt from public disclosure

by statute, such as test questions, scoring keys and other materials used in the preparation and administration of employment examinations, addresses, telephone numbers, social security numbers, names of dependents, resumes, or applications for employment, shall generally be considered confidential and shall not be subject to public disclosure unless specifically designated as subject to public disclosure by the Director, or by law. Any employee who fails to maintain the confidentiality of personnel records and files shall be subject to disciplinary action.

4. Medical and financial information relating to employees shall be maintained in a

restricted-access file separate from the employee’s personnel file.

SECTION C: EMPLOYEE ACCESS TO PERSONNEL FILES


1. Each employee may review the contents of his\her own central personnel file. Request for inspection of personnel files are made to the Human Resources Department. An authorized staff member shall set aside a time and place for the employee to review the file during normal and customary office hours.

2. Central personnel files are not to be removed from the Human Resources

Department without prior specific approval from the Director or designee.

SECTION D: CHALLENGES TO THE PROPRIETY OF DOCUMENTS IN PERSONNEL FILES

An employee may challenge the propriety of any document in the personnel file. If, after discussion, the County retains the material in the file, the employee shall have the right to insert contrary documentation into the file. If the affected employee believes that a deficiency has been corrected by later action, he/she may request in writing to have a review of this action included in the file.

SECTION E: DEPARTMENTAL WORKING FILES

Departments may create and maintain working files for the convenience of the department. Department working files are not a part of and may not substitute for the employee’s central personnel file.

1

AGREEMENT

By and between

Kitsap County

And

Kitsap 911

And

Kitsap County 911 Employees’ Guild

No. KC-456-16

This Agreement is entered into between the County of Kitsap (“County”), Kitsap 911

(“Kitsap 911”), and the Kitsap County 911 Employees’ Guild (“Guild”) for transferring

CENCOM employees to Kitsap 911. The parties mutually agree as follows:

WHEREAS, since 1991 certain governmental entities in Kitsap County have been parties

to an Interlocal Agreement pursuant to chapter 39.34 RCW, establishing a joint board, known as

“CENCOM,” to provide county-wide 911 emergency communications services to citizens within

Kitsap County;

WHEREAS, since 1991, the County has served as the administrator for CENCOM, and

has served as an umbrella organization for all employees of CENCOM, such that all CENCOM

employees have been employees of Kitsap County (hereinafter “CENCOM employees”), with

the County administering CENCOM employees’ wages, hours, and working conditions;

WHEREAS, CENCOM determined that a separate legal entity should assume the

function of providing county-wide 911 emergency communications services, the activities and

operations conducted by CENCOM should be transferred to the separate legal entity, and all

CENCOM employees, CENCOM employees’ existing wages, benefits, working conditions, and

all duties, obligations, and liabilities in connection with CENCOM employees should be

transferred to the separate legal entity;

WHEREAS, Kitsap County enacted an ordinance establishing a Public Authority known

as “Kitsap 911,” to undertake, assist with, and otherwise facilitate the public function of

providing a countywide enhanced 911 emergency communications system, and perform any

other public function relating to providing a countywide enhanced 911 emergency

communications system;

WHEREAS, CENCOM has authorized the transfer of all CENCOM assets, liabilities,

and administrative functions heretofore performed by Kitsap County to Kitsap 911, including but

not limited to all CENCOM employees and their existing wages, benefits, and working

conditions, and all duties, obligations, and liabilities in connection with CENCOM employees;

WHEREAS, Kitsap 911 has authorized the transfer of all CENCOM assets, liabilities,




2

WHEREAS, Kitsap 911 has authorized the voluntary recognition of the Guild as the

collective bargaining representative of employees transferred to Kitsap 911 and commits to

collective bargaining with the Guild over Kitsap 911 employees’ wages, hours, and working

conditions;

WHEREAS, each of the parties to this Agreement represent that they have not directly or

indirectly interfered with, restrained, coerced, or discriminated against any CENCOM employee

or group of CENCOM employees in the free exercise of their right to organize and designate

representatives of their own choosing for the purposes of collective bargaining or in the exercise

of any other right under chapter 41.56 RCW;

WHEREAS, effective at 4:59 a.m. on December 26, 2016, all CENCOM employees will

be terminated from employment with the County and will no longer be legally employed by

Kitsap County;

WHEREAS, effective at 5:00 a.m. on December 26, 2016, all CENCOM employees

whose employment was terminated at 4:59 a.m. on December 26, 2016, and who accepted an

offer of employment made by Kitsap 911, will be employees of Kitsap 911, which will thereafter

be the employer of employees previously employed as CENCOM employees; and

WHEREAS, the parties desire a successful transition for CENCOM employees with as

few disruptions as possible, the parties have bargained in good faith on the following terms and

conditions relating to the above-described transition.

NOW, THEREFORE, the parties agree as follows:

1. The following employees are currently contained within one of the two bargaining units,

as described below, and presently represented by the Guild:

a. Regular full-time and regular part-time employees of CENCOM, excluding

employees whose positions are covered by another bargaining unit, supervisors,

managers and confidential employees. (For example, employees within the

following classifications: Emergency Telecommunicator Trainee, Emergency

Telecommunicator, Operations Support Technician, Fiscal Technician, Office

Assistant, Primary Call Receiver, Communications Center Tech, and Programmer

Analyst.)

b. Regular full-time and regular part-time supervisory employees of CENCOM,

excluding employees whose positions are covered by another bargaining unit,

managers, and confidential employees. (For example, employees within the

following classifications: Shift Supervisor, Assistant Supervisor, Data Systems

Engineer, and Technical Systems Supervisor.)

c. In addition to regular employees, and only for the purposes of identifying

bargaining unit eligibility, in accordance with WAC 391-35-350(1), all: (a) part-

time extra help on-call employees; and (b) any term limited extra help employee

who performs the work traditionally and historically done by the Technical

3

Systems Supervisor prior to 9/1/15 and who work more than 347 hours per

calendar year, (or one-sixth of the regular annual hours normally worked by full-

time employees), are included in one of the bargaining units identified in

subparagraphs (a) or (b) above depending on job classification.

2. “Transition” as used in this Agreement will mean the termination of CENCOM

employees effective 4:59 a.m. on December 26, 2016, and the hiring of all such willing

employees by Kitsap 911 at 5:00 a.m. on December 26, 2016.

3. CENCOM employees will retain their Kitsap County employment status until 4:59 a.m.

on December 26, 2016, and at such time CENCOM employees’ employment with Kitsap

County will terminate.

4. Effective 5:00 a.m. on December 26, 2016, those CENCOM employees who have

accepted an offer of employment made by Kitsap 911 will be employees of Kitsap 911

and will be governed by the terms of this Agreement.

5. Effective at 4:59 a.m. on December 26, 2016, the current collective bargaining agreement

between the County and the Guild (KC-216-16) will terminate. Any agreement between

the County and the Guild in effect at that time shall automatically terminate and the

County shall be relieved of any and all legal obligations to the employees in job

classifications outlined in 1(a) and (b) above, except as expressly set forth herein.

6. Effective at 5:00 a.m. on December 26, 2016, the terms and conditions of collective

bargaining agreement K911-2017-01 between Kitsap 911 and the Guild will be effective

in its entirety as the collective bargaining agreement between Kitsap 911 and the Guild.

7. All parties further agree:

a. The County will not utilize the layoff article or annual or sick leave cash out

provisions within the current collective bargaining agreement between the County

and the Guild (KC-216-16).

b. Prior to December 25, 2016, Kitsap 911 will extend an offer of employment to all

CENCOM employees, and those CENCOM employees who accept the offer of

employment will be employed by Kitsap 911 effective at 5:00 a.m. on December

26, 2016, and employees’ employment status, seniority, and annual and sick leave

balances will be as they existed at 4:59 a.m. on December 26, 2016.

c. The County will extend to all employees working for CENCOM at the time of

transition the ability to be included in the County transfer pool and to be

considered for another position within the County for which they are qualified

until December 31, 2017. An employee transferring to a new position should

possess the minimum qualifications for that position and shall be subject to a six

(6) month probationary period. The transferred employee may be provided the

right to retreat as determined, in writing, by the Kitsap 911 Director at the time of

4

transfer. An employee transferred to a different classification will retain his/her

current pay rate or be placed on a new pay scale as near to their previous wage as

possible, if mutually agreed in advance between the employee and the County.

d. The County will include the balance of an employee’s longevity pay accrued prior

to 5:00 a.m. on December 26, 2016 in the employee’s final County paycheck. The

calculation of an employee’s longevity pay balance will be made in accordance

with Section 22.C of the existing CBA (KC-216-16) between the County and the

Guild.

e. Any disciplinary or grievance actions will transfer in their entirety to Kitsap 911.

All active grievances under the existing CBA (KC-216-16) will transfer to the

corresponding step of the new CBA (K911-2017-01) at 5:00 a.m. on December

26, 2016.

8. The County will transfer copies of all personnel files and/or other pertinent personnel

documents to Kitsap 911 as soon as practical after the effective date of the transition. The

County will retain originals of such documents as required by the County’s record

retention policy.

9. Representatives. Each party to this Agreement shall have a representative. A party may

change its representative upon providing written notice to the other party. The parties’

representatives are as follows:

Kitsap County:

County Administrator

614 Division Street, MS-4

Port Orchard, WA 98366

Kitsap 911:

Director

911 Carver St

Bremerton, WA 98312

Kitsap 911 Employees

Guild:

President

P.O. Box 4248

Bremerton, WA

5

Tonya SHaw, Vice President /1/3//0

I Date

Date

DATED this A_ day of_~~lJ\!....I.o)L__ ____ , 2016

1

AGREEMENT

By and between

Kitsap County

And

Kitsap 911

And

Kitsap County 911 Employees’ Guild

No. KC-456-16

This Agreement is entered into between the County of Kitsap (“County”), Kitsap 911

(“Kitsap 911”), and the Kitsap County 911 Employees’ Guild (“Guild”) for transferring

CENCOM employees to Kitsap 911. The parties mutually agree as follows:

WHEREAS, since 1991 certain governmental entities in Kitsap County have been parties

to an Interlocal Agreement pursuant to chapter 39.34 RCW, establishing a joint board, known as

“CENCOM,” to provide county-wide 911 emergency communications services to citizens within

Kitsap County;

WHEREAS, since 1991, the County has served as the administrator for CENCOM, and

has served as an umbrella organization for all employees of CENCOM, such that all CENCOM

employees have been employees of Kitsap County (hereinafter “CENCOM employees”), with

the County administering CENCOM employees’ wages, hours, and working conditions;

WHEREAS, CENCOM determined that a separate legal entity should assume the

function of providing county-wide 911 emergency communications services, the activities and

operations conducted by CENCOM should be transferred to the separate legal entity, and all

CENCOM employees, CENCOM employees’ existing wages, benefits, working conditions, and

all duties, obligations, and liabilities in connection with CENCOM employees should be

transferred to the separate legal entity;

WHEREAS, Kitsap County enacted an ordinance establishing a Public Authority known

as “Kitsap 911,” to undertake, assist with, and otherwise facilitate the public function of

providing a countywide enhanced 911 emergency communications system, and perform any

other public function relating to providing a countywide enhanced 911 emergency

communications system;

WHEREAS, CENCOM has authorized the transfer of all CENCOM assets, liabilities,




WHEREAS, Kitsap 911 has authorized the transfer of all CENCOM assets, liabilities,




2

WHEREAS, Kitsap 911 has authorized the voluntary recognition of the Guild as the

collective bargaining representative of employees transferred to Kitsap 911 and commits to

collective bargaining with the Guild over Kitsap 911 employees’ wages, hours, and working

conditions;

WHEREAS, each of the parties to this Agreement represent that they have not directly or

indirectly interfered with, restrained, coerced, or discriminated against any CENCOM employee

or group of CENCOM employees in the free exercise of their right to organize and designate

representatives of their own choosing for the purposes of collective bargaining or in the exercise

of any other right under chapter 41.56 RCW;

WHEREAS, effective at 4:59 a.m. on December 26, 2016, all CENCOM employees will

be terminated from employment with the County and will no longer be legally employed by

Kitsap County;

WHEREAS, effective at 5:00 a.m. on December 26, 2016, all CENCOM employees

whose employment was terminated at 4:59 a.m. on December 26, 2016, and who accepted an

offer of employment made by Kitsap 911, will be employees of Kitsap 911, which will thereafter

be the employer of employees previously employed as CENCOM employees; and

WHEREAS, the parties desire a successful transition for CENCOM employees with as

few disruptions as possible, the parties have bargained in good faith on the following terms and

conditions relating to the above-described transition.

NOW, THEREFORE, the parties agree as follows:

1. The following employees are currently contained within one of the two bargaining units,

as described below, and presently represented by the Guild:

a. Regular full-time and regular part-time employees of CENCOM, excluding

employees whose positions are covered by another bargaining unit, supervisors,

managers and confidential employees. (For example, employees within the

following classifications: Emergency Telecommunicator Trainee, Emergency

Telecommunicator, Operations Support Technician, Fiscal Technician, Office

Assistant, Primary Call Receiver, Communications Center Tech, and Programmer

Analyst.)

b. Regular full-time and regular part-time supervisory employees of CENCOM,

excluding employees whose positions are covered by another bargaining unit,

managers, and confidential employees. (For example, employees within the

following classifications: Shift Supervisor, Assistant Supervisor, Data Systems

Engineer, and Technical Systems Supervisor.)

c. In addition to regular employees, and only for the purposes of identifying

bargaining unit eligibility, in accordance with WAC 391-35-350(1), all: (a) part-

time extra help on-call employees; and (b) any term limited extra help employee

who performs the work traditionally and historically done by the Technical

3

Systems Supervisor prior to 9/1/15 and who work more than 347 hours per

calendar year, (or one-sixth of the regular annual hours normally worked by full-

time employees), are included in one of the bargaining units identified in

subparagraphs (a) or (b) above depending on job classification.

2. “Transition” as used in this Agreement will mean the termination of CENCOM

employees effective 4:59 a.m. on December 26, 2016, and the hiring of all such willing

employees by Kitsap 911 at 5:00 a.m. on December 26, 2016.

3. CENCOM employees will retain their Kitsap County employment status until 4:59 a.m.

on December 26, 2016, and at such time CENCOM employees’ employment with Kitsap

County will terminate.

4. Effective 5:00 a.m. on December 26, 2016, those CENCOM employees who have

accepted an offer of employment made by Kitsap 911 will be employees of Kitsap 911

and will be governed by the terms of this Agreement.

5. Effective at 4:59 a.m. on December 26, 2016, the current collective bargaining agreement

between the County and the Guild (KC-216-16) will terminate. Any agreement between

the County and the Guild in effect at that time shall automatically terminate and the

County shall be relieved of any and all legal obligations to the employees in job

classifications outlined in 1(a) and (b) above, except as expressly set forth herein.

6. Effective at 5:00 a.m. on December 26, 2016, the terms and conditions of collective

bargaining agreement K911-2017-01 between Kitsap 911 and the Guild will be effective

in its entirety as the collective bargaining agreement between Kitsap 911 and the Guild.

7. All parties further agree:

a. The County will not utilize the layoff article or annual or sick leave cash out

provisions within the current collective bargaining agreement between the County

and the Guild (KC-216-16).

b. Prior to December 25, 2016, Kitsap 911 will extend an offer of employment to all

CENCOM employees, and those CENCOM employees who accept the offer of

employment will be employed by Kitsap 911 effective at 5:00 a.m. on December

26, 2016, and employees’ employment status, seniority, and annual and sick leave

balances will be as they existed at 4:59 a.m. on December 26, 2016.

c. The County will extend to all employees working for CENCOM at the time of

transition the ability to be included in the County transfer pool and to be

considered for another position within the County for which they are qualified

until December 31, 2017. An employee transferring to a new position should

possess the minimum qualifications for that position and shall be subject to a six

(6) month probationary period. The transferred employee may be provided the

right to retreat as determined, in writing, by the Kitsap 911 Director at the time of

4

transfer. An employee transferred to a different classification will retain his/her

current pay rate or be placed on a new pay scale as near to their previous wage as

possible, if mutually agreed in advance between the employee and the County.

d. The County will include the balance of an employee’s longevity pay accrued prior

to 5:00 a.m. on December 26, 2016 in the employee’s final County paycheck. The

calculation of an employee’s longevity pay balance will be made in accordance

with Section 22.C of the existing CBA (KC-216-16) between the County and the

Guild.

e. Any disciplinary or grievance actions will transfer in their entirety to Kitsap 911.

All active grievances under the existing CBA (KC-216-16) will transfer to the

corresponding step of the new CBA (K911-2017-01) at 5:00 a.m. on December

26, 2016.

8. The County will transfer copies of all personnel files and/or other pertinent personnel

documents to Kitsap 911 as soon as practical after the effective date of the transition. The

County will retain originals of such documents as required by the County’s record

retention policy.

9. Representatives. Each party to this Agreement shall have a representative. A party may

change its representative upon providing written notice to the other party. The parties’

representatives are as follows:

Kitsap County:

County Administrator

614 Division Street, MS-4

Port Orchard, WA 98366

Kitsap 911:

Director

911 Carver St

Bremerton, WA 98312

Kitsap 911 Employees

Guild:

President

P.O. Box 4248

Bremerton, WA

5

Tonya SHaw, Vice President /1/3//0

I Date

Date

DATED this A_ day of_~~lJ\!....I.o)L__ ____ , 2016

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