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HomeMy WebLinkAboutCollective Bargaining Agreement Union 760COLLECTIVE BARGAINING AGREEMENT between the KITTITAS COUNTY BOARD OF COUNTY COMMISSIONERS And the KITTITAS COUNTY SHERIFF And TEAMSTERS UNION LOCAL NO. 760 Representing Corrections, Security, Transport, Clerical, and Technology Employees of the Sheriff's Office January 1, 2016-December 31, 2018 L TABLE OF CONTENTS ARTICLE 1 -PREAMBLE AND PURPOSE OF AGREEMENT ...................................................................................... 2 ARTICLE 2 -RECOGNITION .................................................................................................................................. 2 ARTICLE 3 -UNION SECURITY AND DUES CHECK-OFF ........................................................................................... 2 ARTICLE 4 -MANAGEMENT RIGHTS .................................................................................................................... 3 ARTICLE 5 -UNION RIGHTS ................................................................................................................................. 4 ARTICLE 6 -EMPLOYEE RIGHTS ........................................................................................................................... 4 ARTICLE 7 -DEFINITIONS OF EMPLOyEES ............................................................................................................ 5 ARTICLE 8 -SENIORITy ........................................................................................................................................ 8 ARTICLE 9 -LAYOFF AND RECALL .................................................................................... ; ................................... 9 ARTICLE 10 -HOLIDAYS/ANNUAL LEAVE ............................................................................................................. 9 ARTICLE 11 -HOURS OF WORK -OVERTIME ...................................................................................................... 12 ARTICLE 12 -BEREAVEMENT LEAVE ................................................................................................................... 16 ARTICLE 13 -SICK LEAVE .................................................................................................................................... 16 ARTICLE 14 -MILITARY LEAVE ............................................................................................................................ 18 ARTICLE 15 -COMPENSATION FOR WITNESS OR JURY DUTY .............................................................................. 18 ARTICLE 16 -LEAVE OF ABSENCE ........................................................................................................................ 19 ARTICLE 17 -DISCIPLINE AND DISCIPLINARY PROCEDURES ................................................................................. 19 ARTICLE 18 -GRIEVANCE PROCEDURE ............................................................................................................... 21 ARTICLE 19 -CLOTHING AND CLEANING ALLOWANCE ........................................................................................ 24 ARTICLE 20 -WAIVER OF PORTION OF AGREEM ENT ............................................................................................ 25 ARTICLE 21 -SAVINGS CLAUSE ........................................................................................................................... 25 ARTI CLE 22 -LONG EVITY .................................................................................................................................... 25 ARTICLE 23 -STRIKES AND LOCKOUTS ................................................................................................................ 26 ARTICLE 24 -MEDICAL, DENTAL, VISION, AND LIFE BENEFITS ............................................................................. 26 ARTICLE 25 -SALARIES CLASSIFICATIONS -WAGE RATES -OTHER PROVISIONS ................................................... 27 ARTICLE 26 -PA Y ARRANGEMENTS .................................................................................................................... 28 ARTICLE 27 -RETIREMENT CONTRIBUTION & INDUSTRIAL ACCIDENT INSURANCE .............................................. 28 ARTICLE 28 -LIABILITY INSURANCE .................................................................................................................... 28 ARTICLE 29 -UNION ACTIVITY ........................................................................................................................... 29 ARTICLE 30 -MISCELLANEOUS PROVISIONS ....................................................................................................... 29 ARTICLE 31 -PERSONNEL FILES .......................................................................................................................... 30 ARTICLE 32 -NEGOTIATIONS AND TERM OF AGREEMENT .................................................................................. 30 APPENDIX "A" ................................................................................................................................................... 32 Kittitas County Corrections Contract -01/01/16 -12/31/18 Page 1 ARTICLE 1-PREAMBLE AND PURPOSE OF AGREEMENT 1.1 This Agreement is entered into by and between the Board of Kittitas County Commissioners for Kittitas County, Washington, and the Kittitas County Sheriff, both of which are hereinafter referred to as the "Employer", and General Teamsters Local No. 760, hereinafter referred to as the "Union", on behalf of the employees. The purpose of this Agreement is to comply with all applicable statutory provisions and to increase the general efficiency of the Sheriff's Office and to maintain harmonious relations between the County and the Union. 1.2 As part of the purpose of the Agreement, the parties agree to the inclusion of the subjects of wages, hours, working conditions and other provisions. ARTICLE 2 -RECOGNITION 2.1 The Employer recognizes the Union as the sole and exclusive collective bargaining representative of all regular full-time and regular part-time employees of the Kittitas County Sheriff's Office, excluding the Sheriff, Undersheriff, Command/Appointed Staff, Line Deputies, and any other employees as defined by RCW 41.56. 2.2 General Teamsters Local No. 760 recognizes the Board of County Commissioners and the Sheriff or their designees as representing the Employer. ARTICLE 3 -UNION SECURITY AND DUES CHECK-OFF 3.1 All employees who, as of the date of execution of this Agreement, have signed or who, after the date of execution of this Agreement, sign a dues check-off authorization shall be obligated as a condition of employment to continue to pay regular dues each month to the Union through the check-off procedure for the duration of the Collective Bargaining Agreement. It shall be a condition of employment that new employees covered by this Agreement and hired after July 1, 1985, shall, on the thirtieth (30th) calendar day following the beginning of such employment become and remain members in good standing in the Union for the duration of the Collective Bargaining Agreement. 3.2 Upon written proof of bona fide religious tenets, pursuant to RCW 41.56.122, an employee may choose to pay an amount of money equivalent to regular union dues and initiation fee to a nonreligious charity or to another charitable organization in accordance with the provisions of RCW 41.56.122. If such employee pursuant to this section requests the Union to use the Grievance and Arbitration Procedure on their behalf, the Union is authorized to charge the employee for the reasonable cost of using such procedure. 3.3 In the event an employee fails to apply for or maintain their membership in the Union as required in Section 3.1 or 3.2 of this Agreement, the Union may give the Employer notice of this fact and upon request of the Union within fourteen (14) calendar days following receipt of such notice, the service of such employee shall be terminated by the Employer . Kittitas County Corrections Contract -01/01/16 -12/31/18 Page 2 3.4 When the Employer hires a new employee, the Employer shall, within thirty (30) calendar days of the date of employment, notify the Union in writing giving the name, Social Security number, hire date, address and classification of the hired employee. The Union agrees to defend and hold the Employer harmless from and against any and all claims, demands, lawsuits, orders or judgments arising from the administration and effects of this Section. 3.5 When provided with a "voluntary check-off" authorization in the form furnished by the Union and signed by the employee, the Employer agrees to deduct from that employee's pay, the Union's applicable dues and/or service fees, as prescribed in the "voluntary check-off" form. The full amount of money so deducted from the employee shall be promptly forwarded to the Union by check along with an alphabetized list showing names and amounts deducted from each employee. The Union agrees to defend and hold the Employer harmless from and against any and all claims, demands, lawsuits, orders or judgments arising from the administration and effects of this Section . ARTICLE 4 -MANAGEMENT RIGHTS 4.1 The Union recognizes the prerogative of the Employer to operate and manage the affairs of the Sheriff's Office in accordance with the responsibilities of said Office, lawful powers and legal authority. 4.2 Affairs/prerogatives of the Sheriff shall include but not be limited to the following: (A) the right to establish lawful working rules and procedures; (B) the right to schedule work and overtime work, and the methods and processes by which said work is to be performed consistent with the Employer's obligations to the public; (C) the right to hire, transfer, suspend, discharge, layoff, recall, promote, or discipline employees as deemed necessary by the Employer as provided by this Agreement and/or as provided by the General Rules and Regulations of the Kittitas County Civil Service Commission; (D) the right to determine the size and composition of the work force and to assign employees to work locations and shifts; (E) the right to determine what law enforcement duties shall be performed by various Sheriff personnel; (F) the parties understand that incidental duties connected with operations, not enumerated in job descriptions, shall nevertheless be performed by the employees when requested by a superior officer; (G) the right to take actions as may be necessary to carry out Employer's services in emergencies. The foregOing Employer prerogatives shall not be deemed to be exclusive of other Employer prerogatives which are not specifically referenced hereinabove. 4.3 Past Practices: If the Employer desires to change a past practice, it shall provide the Union with written notice and opportunity to discuss the proposed change. The Union may challenge the reasonableness of any proposed change which remains unresolved by appealing to an arbitration panel whose opinion or decision shall be advisory and not binding on the parties. Kittitas County Corrections Contract -01/01/16 -12/31/18 Page 3 ARTICLE 5 -UNION RIGHTS 5.1 The Union does not waive its rights under applicable State laws except as those rights are affected or set forth within the terms and conditions of the Collective Bargaining Agreement. ARTICLE 6 -EMPLOYEE RIGHTS 6.1 Every employee who becomes the subject of an internal investigation shall be advised at the time of an interview what the employee is suspected of: A. Committing a criminal offense; B. Misconduct that could be grounds for termination or discharge, demotion, suspension without payor written warning; or, C. That he may not be qualified for continued employment with the Office. 6.2 Any employee who becomes the subject of a criminal investigation may have legal counsel present during all interviews. This representation by counsel is confined to counseling, and not actual participation in the investigation. A criminal investigation as used herein shall be interpreted as any action which could result in the filing of a criminal charge. 6.3 A major investigation as used herein shall be interpreted as action which could result in dismissal from the Office. The employee shall be informed in writing of the nature of the major investigation if the employee is a suspect, before an interview commences. 6.4 The interview of any employee shall be at a reasonable hour, preferably when the employee is on duty, unless the exigency of the interview dictates otherwise. 6.S The employee, Employer or Union may request that a major investigation interview be recorded, either mechanically or by a stenographer. The party(s) requesting such recording shall pay for said recording and transcription thereof. Upon request, the employee under major investigation shall be provided an exact copy of any written statement the employee has signed. 6.6 Interviewing shall be completed within a legally reasonable time and in a reasonable manner. In major investigation interviews, the employee shall be afforded an opportunity to contact and consult privately with an attorney of their choosing, or a representative of the Union, before being interviewed. 6.7 In the event dismissal of an employee becomes imminent and the Sheriff determines an alternative to said dismissal is the employee's resignation, said employee will be provided a reasonable opportunity to confer with the Union before being requested to respond to the offer of resignation. Kittitas County Corrections Contract -01/01/16 -12/31/18 Page 4 6.8 Employees will not be required to unwillingly submit to a polygraph test; however, this provision does not apply to the initial application for employment, an employee who has applied for a change in his classification, or to the classifications of Lieutenant, Commander, or higher. Provided, further, if the Sheriff offers an employee the opportunity to take the polygraph test regarding potential involvement in criminal activity or the potential for disciplinary action, the employee after consulting with the Union may agree to a stipulated polygraph. ARTICLE 7 -DEFJNJTJONS OF EMPLOYEES 7.1 Regular Corrections and Control Room Operator: A regular Corrections Officer is an employee as defined by RCW 41.56.030(13) and employed in compliance with RCW 43.101.220. A regular Corrections Officer or Control Room Operator has been approved by the Civil Service Commission, served the probationary period and is employed on a regular basis. Such employee shall be paid the wage rate and provided the benefits as set forth in the terms and conditions of this Collective Bargaining Agreement. 7.2 Regular Security, Transport. Clerical, and Technology Employe es: A regular Security, Transport, Clerical or Technology employee is an employee who has been approved by the Civil Service commission, has served their probationary period and is employed on a regular basis. Such employee shall be paid the wage rate and provided the benefits as set forth in the terms and conditions of this Collective Bargaining Agreement. 7.3 Probationary Employee: A probationary employee shall be defined as any new hire that has never been employed by the Employer during the previous twelve (12) calendar months, and is one who has not completed twelve (12) calendar months of service with the Employer since the first day of employment. Probationary employees shall work under the provisions of this Agreement but shall be only on a trial basis, during which period said employee may be discharged without any recourse. The probationary status of an employee who has not attended the Washington State Basic Corrections Training course is addressed in Section 7.4 below. 7.4 Probationary Status Limitation: Any probationary employee who, through no fault of their own, is unable to attend and complete the appropriate Washington State Basic Corrections Training course within the probationary period set forth in Section 7.3 above, shall be entitled to the benefits accorded regular employee status with the exception that said employee must satisfactorily complete said appropriate basic Corrections training course within six (6) calendar months from the first day of employment subject to the following conditions: A. Should any employee opt to defer attending the previously referenced course and subsequently be unable to complete said course within six (6) calendar months, the employee's probationary status shall continue until such course is satisfactorily complete, but not later than twelve (12) calendar months from the first (1st) day of employment. Kittitas County Corrections Contract -01/01/16 -12/31/18 Page 5 B. The Employer agrees to encourage and make provisions for the training of new employees . C. If an employee fails to attend or satisfactorily complete the appropriate Washington State Basic Corrections Training course within six (6) calendar months from the first day of employment, said employee shall be terminated without any recourse except as noted in D. D. In the event the Sheriff petitions the Washington State Basic Corrections Training Commission for an extension of the six (6) calendar month time limitation with respect to a particular employee and said extension is granted, then said employee fails to satisfactorily complete the appropriate basic corrections training course, said employee shall be terminated without any recourse. 7.5 Reserve Unit: There shall exist at the option of the Employer a reserve unit of law enforcement reserve officers to which the provision of this labor agreement shall not apply. The Employer will notify regular employees by posting the status of reserve law enforcement officers regarding commissioned versus non-commissioned. Regular employees, as required by the Employer, shall work with reserve law enforcement officers regardless of commissioned versus non-commissioned status. This unit of law enforcement reserve officers may be utilized as determined by the Employer, to perform those duties normally performed by bargaining unit personnel only after reasonable effort has been made to offer regular employees the opportunity for work, so long as it would not qualify as overtime under the Fair Labor Standards Act provisions. Usage of reserve law enforcement officers would be limited to circumstances involving temporary replacement of regular employees in case of vacations, holidays, sickness, schooling, weekend transport when regular officers are not available, short-handedness in personnel, and those circumstances involved in a bona fide emergency as set forth in Section 11.12. 7.6 lateral Hire A. CORRECTIONS OFFICER: A Lateral shall be defined as any new lateral hire who has not less than twelve (12) consecutive months of full time, compensated Corrections experience, who successfully completed a probationary period from a recognized law enforcement entity and who has successfully completed a course of Basic Corrections Academy Training, or equivalent, from the Washington State Criminal Justice training Commission, or from another local, State or Federal Law Enforcement Training program recognized by the WSCJTC, and who has not been separated from full time Corrections employment for a period of time greater than twenty-four (24) months at the time of application to the Sheriff's Office. Applicants who otherwise meet the definition of Lateral Hire above, but have been separated from full time Corrections employment for a period of time greater than twenty-four (24) months at the time of application, may be considered as long as they have maintained a higher level of certification and employment in a law Kittitas County Corrections Contract -01/01/16 -12/31/18 Page 6 enforcement position, such as Certified Peace Officer, within the twenty-four (24) months prior to application as a lateral for Corrections Officer . Applicants who otherwise meet the definition of Lateral Hire, but who do not have training or certification recognized by the Washington State Criminal Justice Training Commission cannot be considered a lateral hire. B. SECURITY OFFICER : A Lateral shall be defined as any new lateral hi r e who has not less than twelve (12) consecutive months of full time, compensated years of law enforcement, corrections or security officer experience, who successfully completed a probationary period from a recognized law enforcement entity and who has successfully completed one of the following: • Basic Law Enforcement Academy Certification training from the Washington State Criminal Justice Training Center; • Equivalent State Law Enforcement Training Academy; • State Recognized Reserve Law Enforcement Academy; • Another local, State or Federal Law Enforcement Training program recognized by the WSCJTC; and, who has not been separated from full time law enforcement, corrections, or security employment for a period of time greater than twenty~f0ur 1241 months at the time of application to the Sheriff's Office . Applicants who otherwise meet the definition of Lateral Hire, but who do not have training or certification recognized by the Washington State Criminal Justice Training Commission cannot be considered a lateral hire. C. LATERAL SALARY: An applicant selected for appointment as a lateral, at the discretion of the Sheriff, may begin working at Step 2 of the current bargained wage scale for the specific classification . Those who possess documented unique, specific or particularly sought after experience and/or training, at the discretion of the Sheriff, may begin working at Step 3 of the current bargained wage scale for the specific classification. Applicants selected for appointment that possess Basic Law Enforcement Training recognized by the WSCJTC, but who are from another State or Federal Agency, are required by law to successfully pass the WSCJTC Equivalency Academy prior to being certified in Washington State. Consequently, any employee hired who is not at the time of appointment Certified in Washington State, will be hired at the entry level (Step 1) of the current bargained wage scale for the specific classification. Upon this employee successfully obtaining the necessary Certification in Washington State, that employee may request or petition the Sheriff in writing to have their salary step increased . Any such increase granted shall be at the discretion of the Sheriff. Officers so requesting may be allowed a salary step increase as outlined in the Kittitas County Corrections Contract -01/01/16 -12/31/18 Page 7 preceding paragraph. Such salary step increases will be effective at the time the request is authorized by the Sheriff, and shall not be retroactive to the date of hire. ARTICLE 8 -SENIORITY 8.1 "Seniority," as used in this Agreement, is determined by the length of an employee's continuous service within the Kittitas County Sheriff's Office since the employee's last date of hire, including total military time if drafted while employed by the County or any other authorized leave up to a maximum of one (1) year. Time spent in a volunteer and/or Reserve capacity is excluded. This applies to Layoff/Recall, Vacation Bidding, and Overtime. For purposes of Longevity, seniority shall be defined in Article 22. Upon ratification of this agreement, current active employees with seniority gained from other positions within the Kittitas County Sheriff's Office will be grandfathered and suffer no reduction in seniority. 8.2 The Employer will provide the Union with copies of the seniority list upon request to the Human Resource Department. This list may include the following dates: hire date, adjusted hire date, position date, service date, union date, and compensation status. Should more than one (1) employee have the same hire date, individuals involved will determine seniority by use of their Civil Service Examination Ranking. 8.3 An employee shall lose all seniority, forfeit all rights and the Employer shall have no obligation to rehire said employee under the following conditions: A. The employee voluntarily leaves the service of the Employer B. The employee is discharged for just cause C. The employee is discharged during the probationary period D. The employee is laid off for a period in excess of twelve (12) consecutive calendar months 8.4 Seniority will operate on a classification basis. Classifications shall be as follows: A. Corrections Officer (to include Corporal, Sergeant, and Lieutenant) B. Control Room Operator C. Security Officer D. Transport Officer E. Office Clerks F. Receptionist G. Technologist 8.5 An employee who is promoted to a higher classification, including classifications outside this contract, shall be considered probationary at that position for a period not to exceed twelve (12) consecutive calendar months from the date such promotion occurs. If the promoted employee declines the job or the Employer deems the employee to be unsuited for the job, within twelve (12) consecutive calendar months, the employee shall revert to his/her former position without prejudice. Employees who promote outside this contract to Kittitas County Corrections Contract -01/01/16 -12/31/18 Page 8 Unclassified Service shall not lose his/her permanent Civil Service Status. The employee may request to return to his/her previous position at any time, without prejudice. The move will occur within thirty (30) calendar days, or as mutually agreed. Likewise, the Sheriff may determine that the employee shall be returned to their previous highest ranking Civil Service position at any time, without prejudice. 8.6 If the Sheriff decides to fill a new or vacant position, seniority shall be considered provided the applicants are otherwise qualified based upon training, experience, performance and ability as determined by the Sheriff. In the event a specialty assignment becomes available, the Sheriff will determine appointment to said assignment. Specialty assignments may be used as a training opportunity. Employees selected for specialty assignments may request to be removed from the assignment at any time, or may be rotated out at the discretion of the Sheriff at any time, without prejudice. ARTICLE 9 -LAYOFF AND RECALL 9.1 In the event of a layoff or reduction in personnel by the Employer, employees will be laid off by classification in reverse order of their seniority, provided that the remaining employees can perform the work in a satisfactory manner as determined by the Sheriff. In the event of a layoff of an employee in the Corrections Sergeant classification, the Sergeant shall be able to bump the least senior Corrections Officer. In the event of a vacancy in the Sheriff's Office, an employee who has been laid off will have the first opportunity to fill said vacancy or vacancies in the order of their seniority, so long as they meet the qualifications of the position. The last employee laid off will be the first person recalled. Recall rights are valid for the period twelve (12) months following the layoff or reduction in personnel. Notification of eligibility shall be by registered or certified mail to the employee's last known address. An employee shall have fourteen (14) calendar days from the date of mailing to give notice of accepting or rejecting re-employment, and shall be back on the job within fourteen (14) calendar days of accepting said offer, not to exceed thirty (30) days total from date of mailing to return to work, or forfeit all call-back rights under this article. Failure to respond, or rejection of re- employment, will result in removal from the recall list. ARTICLE 10 -HOLIDAYS/ANNUAL LEAV E 10.1 All regular employees assigned in Corrections and Control Room Operator positions shall accrue and be granted the following vacation and/or holiday accumulation hereinafter referred to as annual leave, according to the following schedule: Continuous Service Vacation Holiday Total Leave Monthly Accrual o months through 6 o days 11 days 11 days 7.33 hours 7 months through 1 year 5 days 11 days 16 days 10.66 hours 2 years through 7 years 15 days 11 days 26 days 17.33 hours 8 years through 15 years 19.5 days 11 days 30.5 days 20.33 hours 16 years through 22 years 25.5 days 11 days 36.5 days 24.33 hours 23 years & over 27 days 11 days 38 days 25.33 hours Kittitas County Corrections Contract -01/01/16 -12/31/18 Page 9 10.2 All regular employees assigned in Security, Transport, Clerical, or Technology positions shall accrue and be granted the following vacation accumulation according to the following schedule: Continuous Service 6 months through 1 year 2 years through 7 years 8 years through 15 years 16 years through 22 years 23 years & over Vacation 5 days 15 days 19.5 days 25.5 days 27 days Monthly Accrual 3.33 10 13 17 18 10.3 Regular part-time eligible employee's annual leave shall be on a pro-rata basis, based upon the employee's assigned hours. 10.4 The following holidays are recognized : New Year's Day Martin Luther King's Birthday Presidents' Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day Following Thanksgiving Christmas Day Floating Holiday 10.4.1 For all regular employees assigned in Corrections and Control Room Operator positions, the listed holidays will be included as part of the accrued leave schedule in 10.1. 10.4.2 For all regular employees assigned in Security, Transport, Clerical, or Technology positions, the listed holidays will be taken separately from the accrued leave schedule in 10.2. A. Whenever a legal holiday falls on Saturday, the proceeding Friday shall be observed as the holiday and whenever such holiday falls on Sunday, the following Monday shall be observed as the holiday. B. If December 24th falls on a regular working day, the Courthouse shall be closed one- half (1/2) day commencing at noon. If the Courthouse is closed on December 24 th , either because it falls on a weekend or because Christmas falls on a Saturday, then and in that event, there will be no half (1/2) day closure on any other date. Kittitas County Corrections Contract -01/01/16 -12/31/18 Page 10 10.5 Should State law be amended to mandate any additional holidays for employees covered by this Collective Bargaining Agreement, then Section 10.1 and lOA would be amended accordingly. 10.6 Accrued annual leave shall be paid to all regular employees who leave the service of the Employer for any reason, subject to the provisions of Section 10.7 below. If an employee leaves employment for whatever reason prior to the accrual of any of the holidays referenced in Section 10.4 above, said employee shall not be paid for said vacation/holiday day and the appropriate amount shall be deducted from said employee's last paycheck. 10.7 Annual leave may be accumulated up to a total of two hundred forty (240) work hours (pro-rated for regular part-time employees). Any accrued leave in excess of two hundred forty (240) work hours will be taken as straight-time pay as of the last pay period in January, except if said excess accrual is caused by the actions of the employee, in which case there shall be no compensation for said excess hours. If accrued leave exists in excess of two hundred forty (240) hours which is taken as straight time pay, the computation for said payment shall be at the pay rate applicable when the leave was accrued. Any employee who leaves employment will receive no more than two hundred forty (240) hours annual leave paid at the time of termination or retirement. 10.8 Vacation Scheduling: 10.8.1 Vacation bidding shall commence by squad October 1 of every calendar year, for vacation the following calendar year. 10.8.2 Full week vacation bidding shall occur as follows: For positions defined in Article 7.1: Bidding shall occur by squad based on years of service with the Sheriff's Office. For positions defined in Article 7.2: Bidding shall occur by sub-division but will be granted in order of seniority based on continuous years of service with the Sheriff's Office. For all positions, years of service with another agency for a Lateral employee do not apply. Each employee shall have five (5) days to bid; however, each employee may only bid a maximum of two (2) weeks until such time the seniority list has been exhausted, at which time bidding shall commence in order of seniority by classification a second time, wherein employees shall be allowed to select their remaining available vacation weeks. 10.8.3 Upon completion of full week bids, the employees will commence bidding in order of seniority as defined above, less than full weekdays off until the seniority list has been exhausted. Kittitas County Corrections Contract -01/01/16 -12/31/18 Page 11 10.8.4 The Employer will commence arranging priority vacation scheduling by employee request during the month of January in the order of the employees' seniority. Eligible employees must schedule at least one (1) block of five (5) consecutive work days, but not more than three (3) five (5) day blocks per calendar year, no later than January 31st. A tentative vacation schedule shall be posted no later than February 15th. 10.8.5 Any vacations scheduled during the remainder of the year and requested over five (5) calendar days but not more than eight (8) weeks in advance of the days off, shall be scheduled in the order of their request without regard to seniority. The Employer may not reschedule vacations without five (5) days notice, unless with the consent of the employee, or due to an emergency. 10.8.6 Pass Bid: Employees may pass bid any and all of their full weeks of vacation; however, such employees will be subject to Section 10.9. 10.9 All requests for leave will be responded to within a reasonable time and are subject to approval in writing by the employee's supervisor or his designee. If such a request is denied, the reasons for such denial shall be set forth in writing. Where the employee does not receive a response within a reasonable time of the request, the employee should contact the immediate supervisor or Corrections Commander. ARTICLE 11 -HOURS OF WORK -OVERTIME 11.1 Corrections and Control Room Operator: The work day shall consist of eight (8), ten (10), or twelve (12) hours of work, including meal period and rest periods depending on the shift worked as set forth in Section 11.1.1, Section 11.1.2, and Section 11.1.3. The parties agree the following classifications are considered "security personnel" as defined by 29 CFR 553.211(f). • Corrections Lieutenant • Corrections Sergeant • Corrections Corpora I • Corrections Officer • Control Room Operator 11.1.1 (8 Hour Shift): In cases of a work shift of five (5) eight (8) hour work days, the work week shall consist of forty (40) hours of work, with two (2) consecutive days off, except during a normal shift rotation. The Sheriff shall provide a minimum of eight (8) consecutive hours off between shifts. 11.1.2 (10 Hour Shift ): In cases of a work shift of four (4) ten (10) hour work days, the work week shall consist of forty (40) hours of work, with three (3) consecutive days off, except during a normal shift rotation. The Sheriff shall provide a minimum of eight (8) consecutive hours off between shifts. Kittitas County Corrections Contract -01/01/16 -12/31/18 Page 12 11.1.3 (12 Hour Shift): In cases of a twelve (12) hour shift for Corrections Officer and Control Room Operator, the Employer may alter the work week in accordance with Section 207(k) of the FLSA for security personnel of corrections institutions. Hours worked in excess of twelve (12) hours (or eight hours as applicable) per shift or 160 hours in a 28 day work period, shall be compensated at one and one half times the employee's regular straight time hourly rate. The 28 day work period shall consist of fourteen (14) scheduled work days and fourteen (14) scheduled days off. Of the fourteen (14) scheduled work days, two (2) scheduled work days shall consist of eight (8) hours. Hours worked on a regularly scheduled day off will be paid at one and one half times the employee's regular straight time hourly rate if such hours exceed 160 actual hours worked in a 28 day period. The Sheriff shall provide a minimum of eight (8) consecutive hours off between shifts. The working of a twelve (12) hour work schedule shall not increase the accrual of any category of leave time. 11.1.4 Each work shift shall include a sixty (60) minute meal period as near to the middle of the shift as possible. Employees may be required to remain at the facility or return in response to a bona fide emergency during meal periods. The Employer will first make a reasonable effort to avoid interruption of said meal periods. Should the employee not be allowed to take a full meal period, one hour of straight-time wages will be paid as a differential. This is in addition to the paid meal period already granted, and does not count as additional hours worked for the purpose of calculating overtime. Should the employee not be allowed to leave the facility, they will be given the opportunity to receive one (1) meal from the jail menu if possible, in lieu of a meal break. Corrections employees working a twelve (12) hour shift will be provided two (2) ten (10) minute break periods during the shift to be taken with supervisor approval and consistent with operational needs. Breaks may not be combined. 11.1.5 A work period shall consist of four (4) seven (7) day weeks in any twenty-eight (28) day period, with work days and work weeks as defined in Sections 11.1.1, 11.1.2, and 11.1.3. Work shifts and schedules shall uniformly rotate every two (2) consecutive work periods or at other intervals as may be mutually agreed to between the Sheriff and the Union. 11.2 Security, Transport, Clerkal, and Technology employees: The workday/work week for Security, Transport, Clerical, and Technology employees shall consist of five (5) eight (8) hour workdays (a 40 hour workweek), with two consecutive days off. Clerical employees shall be provided a one half (1/2) hour, or one (1) hour unpaid duty free lunch period during the workday. Clerical employees shall also be provided two (2) fifteen (15) minute break periods during the workday. 11.2.1 At the discretion of the Sheriff or designee, Clerical employees may be granted a schedule consisting of four (4) ten (10) hour days. Should a 4/10 work schedule be implemented, it is agreed that during times of staffing shortage due to scheduled leave or other absence, the work schedule will revert to five (5) eight (8) hour work days for coverage. Kittitas County Corrections Contract -01/01/16 -12/31/18 Page 13 11.2.2 The Technology employee must be available to work a flexible schedule, including the ability to respond to 24/7 support requests from Sheriff's Office staff, and will be subject to the provisions of 11.8 and 11.9 below. 11.3 In the event of a bona fide emergency; or when employees quit; or employees fail to report for work; or employees are granted time off in writing; the Sheriff may alter work days and/or work weeks. 11.4 There shall be twelve (12) pay periods for each calendar year . 11.5 The shift schedule shall be determined by the Employer. The Employer shall give at least seven (7) calendar days' notice, except in a bona fide emergency, prior to changing the employee's assigned shift. Said notice shall be posted on CAMAS showing the employee's shift, work days, and hours. 11.6 Employees may change shifts when unforeseen circumstances arise provided they first request and receive approval from the Sheriff, his designee, or their immediate supervisor. Such exchange of shifts shall not by itself constitute a basis for entitlement to overtime compensation. 11.7 In the event of a bona fide emergency, the Sheriff may alter the assigned work shifts by giving as prompt as possible notification to the affected employees. Said employees shall not receive overtime for working said rescheduled work shift. The Sheriff shall not reschedule assigned work shifts for purposes of avoiding payment of overtime. 11.8 Overtime: Where a five (5) day eight (8) hour per day schedule is used, all hours worked in excess of (8) hours per day shall be compensated for at one and one-half (1-1/2) times the employee's regular straight-time hourly rate. Where a four (4) day ten (10) hour per day schedule is used, all hours worked in excess of ten (10) hours per day shall be compensated for at one and one-half (1-1/2) times the employees regular straight-time hourly rate for the affected employees. Where a fourteen (14) day, twelve (12) hour shift is used, all hours worked in excess of twelve (12) hours per day (or in excess of eight (8) hours in the case of the eight hour work shifts used in the 28-day work period) shall be compensated for at one and one-half (1 X) times the employee's regular straight time hourly rate. In addition, hours worked as identified in 11.14 shall be compensated for at time and one-half (1-1/2) the employee's straight time hourly rate. For purposes of overtime, compensated time such as compensatory time, sick leave, annual leave, holidays or other paid leave shall be considered time worked. 11.8.1 All overtime shall be paid for in increments of fifteen (is) minutes with the major portion of fifteen (15) minutes being paid as fifteen (15) minutes. There shall be no pyramiding of overtime. 11.8.2 Callback : An employee who is required to return to work after having completed the employee's regular shift, and having left the premises, shall be paid a minimum of four (4) hours of pay at the applicable rate. Time shall be computed on a portal-to-portal basis. Kittitas County Corrections Contract -01/01/16 -12/31/18 Page 14 11.8.3 Callout: An employee who is required to return to work less than two (2) hours prior to the beginning of a regularly assigned shift shall receive pay for such actual time which occurs prior to his regular shift. 11.9 Compensatory Time Off: In lieu of payment for overtime, an employee may request the accrual of compensatory time on the basis of one and one-half (1~) compensatory hours for each overtime hour. Compensatory time may be carried forward from work period to work period to a maximum accumulation of sixty (60) hours for employees assigned to the 207(k) exception workweek basis and forty (40) hours for other employees. If it is necessary for the Sheriff to deny compensatory time off at the requested time, due to manpower or other limitations, the employee shall be entitled to payment for the compensatory time. Overtime hours accrued above the sixty (60) or forty (40) hour maximum will be paid at one and one-half times the employee's hourly straight-time rate. 11.10 Court Time: Any employee who is required to appear and/or testify in court on their own time or time other than their regular duty hours shall be paid as set forth in Section 11.1 and 11.9 herein while in or awaiting court with a minimum of two (2) hours show-up pay. Nothing in this section is construed to mean time spent in personal suits, either civil or criminal, not a result of circumstances which occurred in the line of duty, nor for court action for which he is otherwise compensated. 11.11 Travel time to and from any Employer-required authorized and assigned school or training shall be considered hours worked in accordance with the Fair Labor Standards Act. 11.12 The term "bona fide emergency" includes a life-threatening situation; civil disorder; natural disaster; sudden unexpected happening; unforeseen occurrence or condition; complication of circumstances; sudden or unexpected occasion for action; or pressing necessity. 11.13 Voluntary Overtime: The Sheriff, or designee, will notify eligible employees of anticipated available overtime. Employees shall provide a written memo of the employee's interest and preference in overtime assignments. Assignment of such overtime will then be made by the Sheriff or designee as follows: For positions defined in Article 7.1: Bidding shall occur based on years of service with the Sheriff's Office so long as the employee's classification allows them to perform the duties needed to be filled. Time spent in a volunteer and/or Reserve capacity is excluded. For positions defined in Article 7.2: Bidding shall occur by sub-division but will be granted in order of seniority based on continuous years of service with the Sheriff's Office. For all positions, years of service with another agency for a Lateral employee do not apply. Kittitas County Corrections Contract -01/01/16 -12/31/18 Page 15 In cases where less than five (5) days notice is available, the Sheriff, or designee, shall log one (1) phone call to each employee on the list before assigning overtime. Assignment of overtime shall be made upon the employee's preference and seniority except in cases of emergency or of less than five (5) days notice. If no employee accepts an assignment of overtime, then the Sheriff or designee may assign the overtime as a callback. 11.14 Training-: The Employer will make every reasonable effort to afford an employee the opportunity to attend job related training, provided attendance of training shall not create an overtime situation, unless approved by the Employer, and shall not reduce staffing levels, unless approved by the Employer. Mandatory meetings and training outside of the employee's normal work schedule shall be compensated at time and one-half (lX) the employee's regular hourly rate of pay. When an employee of the Sheriff's Office is authorized to attend training, the employee should recognize the professional benefit both the employee and the County will receive. The employee should also be cognizant of the expense the County will incur to provide training. To that end, the employee may be required to agree to remain employed with the County after the training for four (4) months for every $1,000 expended on such training (cost of registration, travel, etc.). Employees who voluntarily leave employment prior to meeting this expectation will be required to repay the training expense to the County on a pro-rated basis. Prior to sending an employee to training which will obligate the employee under this policy, the Department Head/Elected Official will have the employee sign a "Training Reimbursement Agreement". The original of this agreement will be maintained in the employee's personnel file. 11.15: Any employee designated as a Field Training Officer, as assigned by the Sheriff, shall receive a premium of $1.00 per hour above their base hourly pay while actively involved in FTO activity. ARTICLE 12 -BEREAVEMENT LEAVE 12.1 An employee shall be allowed up to three (3) working days with full pay in the event of the death of an immediate family member. With approval of the Sheriff or designee, leave may be increased by two (2) days, to a maximum of five (5) working days of absence with full pay in the event the death/funeral occurs out of state, subject to the approval of the Sheriff. Immediate family shall be defined as persons related by blood or marriage, guardianship, or legal adoption to the extent of: spouse, child, parent, brother, sister, grandparent or grandchild, or a more distant relative if living in the same household. ARTICLE 13 -SICK LEAVE 13.1 Sick Leave Accrual: Employees shall be awarded one (1) day sick leave for each month of employment, and may accumulate up to one hundred thirty-two (132) days of sick leave. Kittitas County Corrections Contract -01/01/16 -12/31/18 Page 16 13.2 Less than full-time eligible employees shall accumulate sick leave on a pro-rata basis not to exceed twelve (12) working days per year, based upon the employee's assigned hours. 13.3 A deduction of one (1) working day of accrued sick leave shall be made for each full day's absence due to illness, injury, medical treatment, or to care for a member of the employee's immediate family. Immediate family shall be defined as persons related by blood or marriage, guardianship, or legal adoption to the extent of: spouse, child, parent, brother, sister, grandparent or grandchild, a more distant relative if living in the same household, or as defined by statute. Should an eligible employee use less than one (1) full working day of sick leave, such sick leave will be deducted on an hour-for-hour basis in one quarter (1/4) hour increments. 13.4 Whenever an employee is off on vacation or annual leave and becomes sick or disabled so as to prevent their employment if required to work, the employee may charge such absence to the employee's accumulated sick leave account by satisfactory notice at the time of sickness or disability to the Employer. The scheduled time off shall be deferred to a later date. 13.5 If an employee is absent from work three (3) days or more, the Sheriff may require a doctor's certificate upon said employee's return to work. 13.6 Any employee found to have abused the provisions of sick leave privilege by falsification or misrepresentation may be subject to disciplinary action. 13.7 Sick leave Buy-out: Upon a break in seniority, employees hired prior to August 1, 1985 shall receive in cash, twenty-five percent (25%) of the employee's accumulated sick leave . Employees hired after August 1, 1985, shall not be entitled to any compensation for accumulated sick leave. 13.8 Insurance Continuation By Employee: An employee who enters non-FMLA leave without pay status will have their insurance contribution pro-rated to the percentage of compensable hours. If the non-FMLA leave without pay is for an extended period of time, the coverage may be terminated and the employee will be offered COBRA. 13.9 Leave Sharing: Employees may exercise leave sharing rights in accordance with Kittitas County's) Shared Leave Policy. 13.10 Family Medical leave Act (FMLA), and other federaJ and state mandated family leave : Under the terms of The Family and Medical Leave Act, employees may request leave under the following conditions: 1. For the birth of a son or daughter, and to care for the newborn child 2. For placement with the employee a son or daughter for adoption or foster care 3. To care for the employee's spouse, son, daughter or parent with a serious health condition Kittitas County Corrections Contract -01/01/16 -12/31/18 Page 17 4. Because of a serious health condition that makes the employee unable to perform the function of the employee's job 13.10.1 Consistent with FMLA and adopted regulations, employees are entitled to request leave without pay for up to twelve (12) weeks within a twelve (12) month period. The twelve (12) month period is a rolling 12-month period measured backward from the date taken and continuous with each additional leave day taken. 13.10.2 This policy shall be consistent with the FMLA and adopted regulations, and is not intended to expand upon the rights set forth in said Act or regulations . The Employer will require employees to first use and exhaust all paid leave available to the employee as part of any family medical leave. The employee is required to request, in writing family medical leave on forms provided by the County, which includes a physician's verification. The County will continue to pay Health & Welfare plans and life insurance consistent with Article 25 of this Agreement during qualified family medical leave. 13.11 The employer agrees to follow all other federal and state mandated family leave, such as the Family Leave Act and Family Care Act. ARTICLE 14 -MILITARY LEAVE 14.1 Every employee covered by this agreement who is a member of the Washington National Guard or of the Army, Navy, Air Force, Coast Guard, or Marine Corps Reserve of the United States, or of any organized reserve or armed forces of the United States shall be entitled to, and shall be granted, military leave of absence from employment for a period not exceeding twenty-one (21) days during each year beginning October 1st and ending the following September 30 th . Such leave shall be granted in order that the person may report for active duty, when called, or take part in active training duty in such manner and at such time as he or she may be ordered to active duty or active training duty. Such military leave of absence shall be in addition to any vacation or sick leave to which the employee might otherwise be entitled, and shall not involve any loss of efficiency rating, privileges, or pay. During the period of military leave, the employee shall receive from the Employer the employee's regular rate of pay for their permanent classification. When orders are issued, a copy will be provided to the supervisor prior to leave being taken. ARTICLE 15 -COMPENSATION FOR WITNESS OR JURY DUTY 15.1 An employee shall continue to receive the employee's regular salary for periods of required service as a juror or witness for a work-related case. An employee shall not receive any salary for periods of service as a witness in a civil case or a criminal case in which they are a defendant. The Employer shall pay the difference between the scheduled fees and the Kittitas County Corrections Contract -01/01/16 -12/31/18 Page 18 employee's hourly wage. The employee shall not be required on the employee's own time to apply for such fees. Employees will be expected to report for work when less than a normal work day is required by such duties. The Sheriff will endeavor to schedule an employee's shift during the day if said employee is selected as a juror and if such accommodation is possible and does not jeopardize service or coverage. ARTICLE 16 -LEAVE OF ABSENCE 16.1 A leave of absence is an approved absence from employment without pay and without loss of seniority. The Employer may grant a leave of absence for a period of up to six (6) calendar months. This period may be extended by mutual agreement between the Employer and the Union. Such leaves shall be in writing with a copy to the Union. The request must be in writing and must be submitted sixty (60) calendar days prior to effective date. During the time that an employee is on a leave of absence without pay, said employee shall not accrue sick leave, annual leave and other benefits provided to employees who are regularly working. 16.2 Subject to the terms, conditions, and limitations of the applicable plans, health insurance premiums will not be paid by Kittitas County during the course of an unpaid leave of absence, except as require by the Family Medical Leave Act. Premium benefits paid by Kittitas County will be prorated to the percentage of hours actually worked. The employee will be responsible for the difference between the county-paid prorated cost and the full premium amount for partial months compensated. For months where no compensation is due, the employee will be offered continuation of coverage through COBRA at 102% the current plan rate(s). Following return to work, benefits will again be provided by Kittitas County according to the applicable plan rules. ARTICLE 17 -DISCIPLINE AND DISCIPLINARY PROCEDURES 17.1 The Sheriff or designee may discipline an employee only for just cause inclusive of such events as may be deemed to be just cause as set forth in the Rules and Regulations of the Kittitas County Civil Service Commission but not necessarily limited thereto. Discipline shall be carried out in a manner which is least likely to embarrass the employee before other employees or the public. 17.2 Disciplinary action or measures shall include only the following: A. Written reprimand B. Suspension without pay C. Demotion D. Discharge 17.3 The parties agree that progressive and escalating levels of discipline are preferable to allow an employee proper notice of misconduct and the opportunity to improve performance and to allow the Employer to document prior disciplinary matters. The level or degree of discipline imposed shall be appropriately based on an employee's prior record of service, length Kittitas County Corrections Contract -01/01/16 -12/31/18 Page 19 of service, severity of offense and prior record of discipline inclusive of supervisory notes referencing oral warnings relating to misconduct; the order in which these criteria appear is not indicative of their priority. An employee may be suspended without pay when said employee has first received one (1) written reprimand relating to said employee's previous work or conduct. An employee may be discharged when said employee has first received a suspension relating to said employee's previous work or conduct. All previous disciplinary actions in an employee's file may be evaluated and considered in a disciplinary action. The following illustrates the disciplinary actions and options available to the Sheriff under this concept : A. First offense -written reprimand B. Second offense -written reprimand, suspension without pay C. Third offense -written reprimand, suspension without pay, demotion, discharge. 17.4 Notwithstanding subsection 17.3 above, the Sheriff may immediately suspend without payor discharge an employee for a serious event which constitutes just cause for discipline inclusive of such events as are deemed to be just cause by the Kittitas County Civil Service Commission as set forth in the Commission's Rules and Regulations or as amended. 17.5 Complaints which could result in discipline shall be brought to the attention of the employee within fifteen (15) calendar days after the supervisor learns of the complaint. The Sheriff shall have thirty (30) days following notice to the employee to make a decision regarding the discipline. This time limit may be extended due to unexpected caseload, vacation conflicts, emergency or other necessary reason. Notice to the Union setting forth the reasons for extension shall be provided by the Sheriff. In cases involving internal investigations or criminal conduct where disclosure could affect the investigation, the timelines set forth above shall not apply. 17.6 Any employee who is under investigation for disciplinary action which may result in a permanent notation in their personnel file or which may result in suspension without pay, demotion or discharge, shall, before being required to respond or answer questions pertaining thereto, be informed of the existence and nature of the investigation. 17.7 The provisions of this Article shall not apply to newly hired employees serving a probationary period. Probationary employees shall work under the provisions of this Agreement, but shall be only on a trial basis, during which period they may be discharged without recourse. Probationary employees shall have access to the grievance procedure for any non-disciplinary matters. 17.8 Any disciplinary action, as defined in 17.3, issued by a supervisor other than the Sheriff shall not be final unless affirmed in writing by the Sheriff. Notations or copies of any such disciplinary action shall be sent to the Union at the time it is given to the employee. 17.9 Unless circumstances exist which warrant immediate suspension or discharge, the employee shall, before the disciplinary action is finalized, have the opportunity to discuss the matter with the Sheriff or designee, and be informed of the nature of the charges, and the facts Kittitas County Corrections Contract -01/01/16 -12/31/18 Page 20 supporting them. The employee shall be given an opportunity to respond to the charges, including a reasonable time (not to exceed ten (10) calendar days) to consult a Union representative. 17.10 An employee shall have the right to have a disciplinary action against them reviewed for just cause and severity of discipline through either of the following procedures. At the employee's option, an appeal can be made through the grievance procedure as outlined in Article 18, or through the Kittitas County Civil Service Commission. The employee's decision of appeals procedure shall be final and binding on all parties. The employee must exercise their option within ten (10) calendar days of the disciplinary action otherwise the appeal shall be null and void and the disciplinary action shall remain as taken. The employee must choose one procedure or the other; said employee cannot exercise an appeal under both procedures. 17.11 Should any employee opt to file a written demand for an investigatory hearing regarding the disciplinary action through the Kittitas County Civil Service Commission, the matter shall be handled in accordance with applicable procedures as contained in the Rules and Regulations of the Kittitas County Civil Service Commission. 17.12 Should any employee opt to grieve a disciplinary action through the provisions of the grievance procedure, the matter shall be handled in accordance with Article 18. ARTLCLE 18 -GRLEVANCE PROCEDURE 18.1 The parties hereto recognize the need for fairness and justice in the adjudication of employee grievances and enter into this Agreement in a cooperative spirit to address such actions promptly and fairly. If, however, a grievance cannot be resolved through informal means, the grievance will be settled as hereinafter provided. 18.2 A grievance is defined as a dispute involving the interpretation, application or alleged violation of any provision of this Agreement between the Employer and the Union. 18.3 Any party who believes that they have a grievance arising out of the terms of this Agreement may personally, or through a representative, apply for relief under the provisions of this Article. 18.4 The parties agree that the time limitations provided are essential to the prompt and orderly resolution of any grievance, and that each will abide by the time limitations, unless waived or extended by mutual agreement of the parties to the grievance. 18.5 For non-disciplinary actions, if any party fails to file a grievance within thirty (30) calendar days of its occurrence, then said grievance shall be forever waived and shall be null and void. If a matter involves disciplinary action, then either party must file either a written demand for an investigatory hearing before the Civil Service Commission, or initiate a grievance within ten (10) calendar days from the date of such diSciplinary action, otherwise said appeal or Kittitas County Corrections Contract -01/01/16 -12/31/18 Page 21 grievance is forever waived and shall be null and void. Failure to pursue a grievance to the next step renders the last determination and response final and conclusive. 18.6 The aggrieved party shall first discuss the matter with the other party to provide an opportunity for clarification and/or appropriate adjustment, consistent with the terms of this Agreement. Should the matter not be resolved informally, the moving party may elect to take the matter to formal grievance. A grievance may be verbally presented by the aggrieved employee to the employee's immediate supervisor. The employee shall have the option of being accompanied by the Union representative or a representative of their own choosing, if the employee feels that it is necessary. The immediate supervisor shall respond within three (3) working days of receipt of the verbal grievance. If the matter is not satisfactorily resolved, then the grievant may initiate a formal grievance in accordance with the provisions herein. The following procedure shall be initiated within ten (10) calendar days of the date of disciplinary action or within thirty (30) calendar days from the date of another type of occurrence. 18.7 Should the Union or the Employer have a concern which could result in a grievance, either party may choose to bring up the matter within thirty (30) calendar days of the concern giving rise to the potential grievance, or said grievance shall be forever waived and null and void. 18.8 The formal grievance procedure shall be as follows: Step 1: A. If the grievance involves occurrences other than disciplinary actions, the grievance shall be presented in written form to the employee's division head within thirty (30) calendar days from its occurrence. The division head shall respond in writing within twenty (20) calendar days after receiving said grievance. B. In the event the matter relates to disciplinary action, then the grievance shall be presented in written form to the employee's division head within ten (10) calendar days from the disciplinary action. Since disciplinary action is not final unless approved by the Sheriff, the grievance may be presented in written form within ten (10) calendar days from the date of the occurrence directly to Step 2 of the grievance procedure. Step 2: If the grievance is not resolved to the satisfaction of the concerned parties at Step 1, then within ten (10) calendar days of the response in Step 1 above, the grievance in written form, shall be presented to the Sheriff. The Sheriff shall respond in writing to the aggrieved employee within ten (10) calendar days after receipt of the grievance. Step 3: A. Final and Binding Arbitration : If the grievance has not been resolved at Step 2, either party to this Agreement may refer unsettled grievances to final and binding arbitration. Kittitas County Corrections Contract -01/01/16 -12/31/18 Page 22 B. Notice -Time Limit: The referring party shall notify the other party in writing by certified mail of submission to arbitration within ten (10) calendar days after receipt of the Step 2 response. C. Arbitrator -Selection: After timely notice, the parties shall select an arbitrator in the following manner: In the event neither party agrees on a neutral arbitrator, then either party may request that the Public Employment Relations commission (PERC) submit a list of nine (9) names. If the parties cannot mutually agree on an arbitrator from the list of nine (9), then the parties shall meet and flip a coin. The winning party shall strike one (1) name from the list and communicate that choice to the other party. The losing party will strike one (1) name from said list, and so on. The remaining name shall be the arbitrator. D. Decision -Time Limit: The arbitrator will meet and hear the matter at the earliest possible date after the selection of the arbitrator. After completion of the hearing, a decision shall be entered within thirty (30) calendar days or as soon as possible thereafter, unless an extension of time is agreed upon as provided for herein. E. Limitations -Scope -Power of the Arbitrator: i. The arbitrator will not have the authority to add to, subtract from, alter, change or modify the provisions of this Agreement. ii. The arbitrator shall have the power to interpret and apply the terms of the Agreement and/or determine whether there has been a violation of the terms of this Agreement. iii. The arbitrator shall consider and decide only the question or issue raised at Step 1 and/or Step 2. iv. In conducting a hearing, the arbitrator shall keep a verbatim record of testimony either by tape recording or court reporter. The party or parties requesting or using transcription of the official records shall share equally in the cost of such services. The arbitrator shall also have the authority to receive evidence and question witnesses. v . Decisions regarding changes in past practices (Section 4.3) shall be advisory only. Kittitas County Corrections Contract -01/01/16 -12/31/18 Page 23 F. Arbitration Award -Damages -Expenses: i. The arbitrator shall not have the authority to award punitive damages. ii. Each party hereto shall pay the expenses of their own representatives, attorneys, witnesses and other costs associated with the presentation of their case and the expenses, as well as one-half (1/2) the expenses of the arbitrator. ARTICLE 19 -CLOTHING AND CLEANING ALLOWANCE 19.1 Each Corrections Officer shall have a minimum of three (3) complete utility uniforms, one (1) class A uniform, and one (1) coat as required by the Sheriff. Such uniforms will be purchased by the Employer. Each Security Officer shall have a minimum of three (3) complete utility uniforms and one (1) coat. 19.2 Probationary Corrections and Security Officers will be given a complement of two (2) complete uniforms that the Sheriff or his designee determines is necessary to perform their duties and responsibilities until such time as the Sheriff or his designee believe it necessary to issue the full complement to said employees. 19.3 The County shall have the duty to supply clothing and equipment of the nearest standard size to an employee's measurements, including vendor supplied alteration, provided however, custom tailoring will be the responsibility of the employee. 19.4 The County agrees to repair or replace defective and/or unserviceable clothing or equipment, as determined and authorized by the Sheriff. 19.5 The Sheriff shall have the authority to prescribe the uniform. However, in the event of any change, the total cost of the sets of new equipment or clothing required, including the cost of alterations and tax will be paid for by the Employer. 19.6 Uniformed employees of the Sheriff's Office will be allowed up to four (4) uniform cleanings per month to be paid for by the County. Employees are required to sign at the cleaner for uniform cleaning. Extra uniform cleanings may be provided by the County in unusual circumstances at the discretion of the Sheriff. Uniforms are to be kept clean and in presentable condition in accordance with the Sheriff's determinations. 19.7 The employees of the Sheriff's Office will be provided one (1) pair of footwear as part of the uniform. Employees may select their own footwear; however, the value may not exceed $300, and the footwear will not be eligible for replacement for at least two (2) years from the date of purchase. The Sheriff will determine whether an employee's footwear requires replacement or repair. If deemed necessary, the County shall pay for repair; if repair is not an option, replacement must be approved by the Sheriff, and shall not exceed $300. Employees who prefer to purchase more expensive footwear may request reimbursement up to $300 in Kittitas County Corrections Contract -01/01/16 -12/31/18 Page 24 writing and must provide a copy of the sales receipt. Replacement shall not occur more frequently than every two (2) years. 19.8 A uniform is assigned to control room, clerical, transport, and technology employees at the discretion of the Sheriff. Such uniforms will be purchased by the Employer. ARTICLE 20 -WAIVER OF PORTION OF AGREEMENT 20.1 The expressed provisions of this Agreement may not be waived except by mutual agreement of the Union and the County, and in any individual case, the affected employee. Neither the County nor the Union will ask for, or accept, a voluntary waiver by an employee without prior consent of the other party. ARTICLE 21 -SAVINGS CLAUSE 21.1 Should any section or portion thereof of this Agreement be held unlawful and unenforceable by any court of competent jurisdiction, such decision of the court shall apply only to the specific section or portion thereof, directly specified in the decision. Upon the issuance of such a decision, the parties agree immediately to negotiate a substitute, if possible, for the invalidated section or portion thereof. ARTICLE 22 -LONGEVITY & EDUCATION PAY 22.1 The Employer will compensate employees who qualify for longevity pay in conformity with the schedule set forth below. For entry level hires, longevity is based on continuous years of service with the Kittitas County Sheriff's Office, regardless of division or classification; for employees hired as a lateral transfer, longevity will recognize time in service with the agency they lateral from, based either on date of hire with that agency, or date of cnc certification, whichever is later. longevity Upon Completion 5 years with KCSO 10 years with KCSO 15 years with KCSO 20 years with KCSO Amount per Month Above Base Pay $35.00 $100.00 $125.00 $150.00 22.2 Education pay is available for employees with a degree in a field that directly relates to their primary responsibilities within the Sheriff's Office (see chart below). If an employee qualifies, he or she must request education pay through the Sheriff in writing, and provide a copy of their degree certificate. Education pay will not be granted automatically or retroactively. Degree level Associates Bachelors Masters Kittitas County Corrections Contract -01/01/16 -12/31/18 Amount per Month Above Base Pay $50.00 $75.00 $100.00 Page 25 ARTICLE 23 -STRIKES AND LOCKOUTS 23.1 Strikes, slowdowns, work stoppages, or any other interference with the work by the employees are prohibited. 23.2 The Employer may discharge and/or discipline any employee who violates Section 23.1. No employee shall be entitled to any pay and/or benefits for the period in which he/she engaged in any strikes, slowdowns, work stoppages or other interference with work. 23.3 Nothing contained herein shall preclude the Employer from obtaining judicial restraint and damages in the event of a violation of this Article. 23.4 No lockout of employees shall be instituted by the Employer . ARTICLE 24 -MEDICAL, DENTAL, VISION, AND LIFE BENEFITS 24.1 The Employer participates in an insurance trust with the Washington Counties Insurance Fund, which provides a choice of major medical, dental, vision, and basic life insurance plans for employees of the County. 24.1.1 Effective January 1, 2016, the Employer agrees to contribute $700.00 per employee per month for benefit premiums and contributions to be used to purchase employee healthcare coverage (medical, dental, vision, and basic life) through the Washington Counties Insurance Fund. Any monies not required for employee healthcare coverage may be designated by the employee to purchase dependent healthcare coverage (medical, dental, vision, and basic life) through the Washington Counties Insurance Fund. 24.1.2 Effective January 1, 2017, the Employer agrees to contribute the set dollar amount determined to be the baseline for the 2017 budget by the Board of County Commissioners. It is agreed that this amount will be eqUivalent to the amount granted to non-bargained employees including elected officials, and not lower than 700.00. 24.1.3 Effective January 1, 2018, the Employer agrees to contribute the set dollar amount determined to be the baseline for the 2018 budget by the Board of County Commissioners. It is agreed that this amount will be equivalent to the amount granted to non-bargained employees including elected officials, and not lower than $700.00. 24.2 Purchase of employee healthcare coverage is mandatory in all areas offered through the Washington Counties Insurance Fund (medical, vision, dental, and basic life). Purchase of dependent healthcare coverage is optional. 24.3 The County contribution may be directed into any cafeteria qualified plan adopted by the County during the length of the contract. Effective the first payroll cycle following Kittitas County Corrections Contract -01/01/16 -12/31/18 Page 26 ratification, any monies remaining after being applied to mandatory employee coverage and optional dependent coverage shall be contributed to an HRA VEBA program. All dependent healthcare premium must be paid prior to contributing to VEBA. A Health Reimbursement Arrangement (HRA) is one type of Voluntary Employees' Beneficiary Association (VEBA) plan allowed under the Internal Revenue Code. HRA VEBA is a pre- retirement and post-retirement health reimbursement account. Participants may submit claims for health-related expenses and premiums that qualify under IRS regulations. 24.4 Articles 24.1 through 24.3 are contingent upon the continued selection and/or availability of the specific coverage programs through the Washington Counties Insurance Fund. Should the County choose to implement different healthcare options, the provisions of 24.1 - 24.3 shall be replaced with the plan(s) and/or contribution(s) in place for the non-represented employees of Kittitas County. 24.5 The parties mutually agree that the Union may vote to move to Teamsters medical (Plan C), Dental, Vision, and Life (composite coverage); however, they must notify the County HR Director of their final decision in writing no later than November 1 for the change to occur the following year. In that event, the employer contribution shall continue to be equal to the amount granted to non-bargained employees during each annual budget cycle. It should be noted that Teamsters medical operates with a lag month, which would cause a gap in coverage by one month, or a double deduction to ensure a gap does not occur. Mid-year changes will not be allowed. ARTICLE 25 -SALARIES CLASSIFICATIONS- WAGE RATES -OTHER PROVISIONS 25.1 Effective January 1, 2016, new wages scales will be implemented which reflect variation in percentage by classification (see Appendix "An). 25.2 Effective January 1, 2017, all wages will be increased by 2%. 25.3 Effective January 1, 2018, all wages will be increased by 2%. Salary classifications and wage rates are contained in Appendix "A" attached hereto and incorporated by this reference. 25.4 Fitness Incentive: Fitness incentive pay of $100.00 per month will be available to those individuals who meet cnc standards for Corrections Officer each year during this contract period. For testing purposes, January 2010 cnc standards will be used and a score of 130 or better must be obtained to qualify for the incentive pay. Testing will occur every six (6) months (April and October) with pay to begin or end May 1 and November 1. Fitness Incentive applies to Corrections Officer/CorporaIjSergeant/Lieutenant and Security/Transport Officers. All participating employees must make themselves available on the scheduled test dates. Officers Kittitas County Corrections Contract -01/01/16 -12/31/18 Page 27 shall be on "in-service" status during the examination/testing process, but shall receive no overtime or extra compensation for the time spent testing. Waiver : An eligible employee suffering a work related injury/impairment shall continue to receive incentive pay during the medically restricted period; said pay will continue upon returning to work, not to exceed four months after full medical release, or by mutual agreement. To be eligible, the employee must have been receiving incentive pay at the time of injury/impairment. 25.5 Referral Bonus: Employees covered by this Agreement may be eligible for a one-time payment of two-hundred and fifty dollars ($250) if they refer someone who becomes a new or lateral Corrections Officer. The recruit must pass all requirements of the hiring process and complete three (3) months of employment before the bonus will be payable. ARTIClE 26 -PAY ARRANGEMENTS 26.1 All employees shall be paid monthly, the last working day of the month, and there shall be no deductions other than required by law or authorization in writing by the employee. The requirement to pay the last working day of the month is conditioned on there being no mechanical or procedural problems. 26.2 The Employer shall furnish each employee with an itemized statement of earnings and deductions, specifying hours paid and other compensation payable to the employee as well as any and all deductions from the employee's gross wages for the pay period. 26.3 Upon discharge or quitting, the Employer shall pay monies due the employee less appropriate deductions in accordance with the terms and conditions of this Collective Bargaining Agreement on the pay period following such quitting or discharge. ARTICLE 27 -RETIREMENT CONTRIBUTION & INDUSTRIAL ACCIDENT INSURANCE 27.1 The Employer shall pay into the appropriate employees' retirement program and Industrial Insurance program as required at the prescribed rate, by law. ARTICLE 28 -LIABILITY INSURANCE 28.1 The Employer agrees to either provide insurance coverage on behalf of the employees or provide liability defense for employees or a combination thereof in order to reasonably protect and indemnify employees from liability to third parties resulting from employees negligently performing duties within the scope of their employment. Kittitas County Corrections Contract -01/01/16 -12/31/18 Page 28 ARTICLE 29 -UNION ACTIVITY 29.1 Union Investigative and Visitation Privileges: The business representative of the Union, with the permission of the Sheriff or designee, may visit the work location of employees at any reasonable time and location for the purpose of investigating grievances. Such representative shall limit the employee's activities during such investigations to matters relating to this Agreement; provided, however, the employee shall not interfere with the operation of normal routine of any division of the Sheriff's Office. The Union shall not distract an employee while on duty. 29.2 Bulletin Board: The Union shall be entitled to maintain one (1) bulletin board in a conspicuous place within the Sheriff's office in Ellensburg, provided, however, materials to be placed on said bulletin board shall be restricted to notices and provisions related to this Collective Bargaining Agreement. 29.3 Negotiations: The Union will notify the Sheriff in writing of the members of the negotiating committee. Said members shall be allowed time off without pay to attend negotiation meetings, at the discretion of the Sheriff. To qualify, the employee must: A. Notify the Employer at least forty-eight (48) hours prior to the time off; B. The Employer must be able to properly man the employee's job duties during the time off; and, C. The wage cost to the Employer is no greater than the cost that would have been incurred had the Union official not taken time off. 29.4 The Sheriff may allow time off with pay to attend the State Pension System meetings and Washington State Law Enforcement Association annual meetings or other similar associations, not to exceed three (3) working days for a single function. 29.4.1 Allowable aggregate of such paid time off for all individuals shall not exceed five (5) working days in one (1) calendar year. 29.4.2 Attendance by individual officers at these or similar functions at the express request of the Sheriff shall not be counted toward the allowable five (5) days, but shall be considered as paid as regular working days. ARTICLE 30 -MISCELLANEOUS PRO\llSIONS 30.1 Medical Exams: Any physical and/or mental examination(s), or inoculations, which are required by the Employer, except for physicals required for purposes of entrance and applications, State Disability requirements, Civil Service Commission requirements and Retirement System requirements, shall be taken on Employer time and shall be paid by the Employer. If the Employer requires a physical and/or mental examination, the employee shall Kittitas County Corrections Contract -01/01/16 -12/31/18 Page 29 undergo the physical or mental examination by a physician or institution specified by the Employer. ARUClE 31· PERSONNEL FILES 31.1 Employees shall have the right to review material in their personnel files maintained in the Sheriff's Office during regular business hours. These files contain records related to employment and performance with the Sheriff's Office, and may include copies of documents related to pay and benefits. The employee may have a representative of the Union accompany the employee if so desired. Upon request, copies of documents in the personnel file shall be provided to the employee in person. 31.2 The personnel file maintained by the Sheriff's Office shall contain evaluation reports that have been completed by Management personnel. 31.3 Materials judged by the employee to be negative and/or derogatory may be answered by the employee in writing. Such written response shall be attached to the material in question and become a part of the personnel file. Said written response shall not change, alter, affect or modify the validity of materials placed in an employee's personnel file by administrative personnel. 31.4 Personnel files are the property of the Employer. The Employer agrees that the contents of the personnel files, including personal photographs, shall be confidential and shall restrict the use of information in the files to internal use by the Sheriff's Office, or such other agency vested with statutory authority to view or investigate said materials. 31.5 After three (3) years, an employee may request derogatory material other than periodic evaluations be expunged from the employee's file. The Sheriff shall determine whether or not expunging of materials is appropriate. In no event shall derogatory material stay in the personnel file longer than five (5) years from the date of the occurrence. 31.6 When an employee reviews their personnel file maintained by the Sheriff's Office, the employee shall sign and date the review and said signature shall signify acknowledgment of having read materials in the personnel file. 31.7 Additional employee files are maintained in HR and Payroll, which are primarily related to compensation, benefits, and leave. Employees shall have the right to review material in these files during regular business hours by scheduling time with the appropriate office. Removal of items from these folders may be requested by the employee but the final determination will be at the discretion of the applicable custodian. ARTICLE 32 • NEGOTIATIONS AND TERM OF AGREEMENT 32.1 This Agreement shall be in full force and effect from January 1, 2016 except as otherwise provided, and shall remain in full force and effect through December 31, 2018. Kittitas County Corrections Contract -01/01/16 -12/31/18 Page 30 Either party may, upon ninety (90) calendar days notice prior to the date of expiration, give notice to terminate or amend to the other party. In the event only notice to amend is given, the Agreement shall remain in effect while the parties negotiate a successor agreement. 32.2 Negotiations for revisions to the subsequent collective bargaining agreement will take place in accordance with the following suggested schedule; provided, however, said schedule may be revised by mutual agreement of the parties: A. Steward Elections shall be held at the midpoint between the ratification of one contract and the opening of another. B. The Union and the Employer agree to meet for preliminary discussions regarding bargaining during the month of August; and, C. The parties shall establish collective bargaining sessions to commence thereafter on a mutually acceptable basis; and, D. If the parties are unable to reach a mutually acceptable collective bargaining agreement through normal bargaining sessions, then and in that event, either party may proceed to mediation in accordance with the statutory provi sions. WITNESS WHEREOF, this Agreement was signed this Z!Z!!: day of September, 2016. BOARD OF KITTITAS COUNTY COMMISSIONERS r BY:~~~' _<---=' ~=-' _" _=---f _-__ ~ch ~irman By:_~~~~~~ ____ ----__ ~ -=---Vice-Chairman BY:_~~~co~-; ~q-, - By: --------1"",.c.~. s:::~. J -==----Sherif'~ GENERAL TEAMSTERS LOCAL NO. 760 BY ~~ Secreta -T reasurer [0 Is 11)- Page 31 APPENDIX 11 A" Current 01/01/16 01/01/17 01/01/18 (NEW SCALE) (2.0%) (2.0%) Receptionist Starting 2312 2381 2429 2478 After 1 Year 2374 2500 2550 2601 After 2 Years 2433 2625 2678 2732 After 3 Years 2491 2756 2811 2867 After 4 Years 2554 2894 2952 3011 Law Enforcement Clerk Starting 2811 2895 2953 3012 After 1 Year 2923 3040 3101 3163 After 2 Years 3035 3192 3256 3321 After 3 Years 3267 3352 3419 3487 After 4 Years 3457 3520 3590 3662 Control Room Operator Starting 2899 2986 3046 3107 After 1 Year 3008 3135 3198 3262 After 2 Years 3120 3292 3358 3425 After 3 Years 3341 3457 3526 3597 After 4 Years 3524 3630 3703 3777 Fiscal Clerk Starting 2896 2983 3043 3104 After 1 Year 3012 3132 3195 3259 After 2 Years 3127 3289 3355 3422 After 3 Years 3368 3453 3522 3592 After 4 Years 3564 3626 3699 3773 Technologist Starting 4369 4500 4590 4682 After 1 Year 4602 4725 4820 4916 After 2 Years 4850 4961 5060 5161 After 3 Years 5110 5209 5313 5419 After 4 Years 5383 5469 5578 5690 Security or Transport Officer Starting 3448 3617 3689 3763 After 1 Year 3579 3798 3874 3951 After 2 Years 3723 3988 4068 4149 After 3 Years 3996 4187 4271 4356 After 4 Years 4221 4396 4484 4574 Kittitas County Corrections Contract -01/01/16 -12/31/18 Page 32 Correction Officer Starting After 1 Year After 2 Years After 3 Years After 4 Years Correction Corporal Starting After 1 Year Correction Sergeant Starting After 1 Year Correction Lieutenant Starting After 1 Year 3201 3321 3455 3709 3918 4117 4202 4316 4623 4747 3617 3798 3988 4187 4396 4616 4708 4944 5043 5295 5401 3689 3874 4068 4271 4484 4708 4802 5043 5144 5401 5509 3763 3951 4149 4356 4574 4802 4898 5144 5247 5509 5619 Progression through the above salary schedule shall be based upon service time in the position within the department. For each twelve (12) months of service the employee will advance one step. For the purpose of step increases, the anniversary date shall be the date the employee started their current position (the "position date"). For anniversary dates occurring between the 1st and 15 th day of the month, any step increase will be effective on the first day of that month; for anniversary dates occurring between the 16th and final day of the month, any step increase will be effective on the first day of the next month. Retroactive payment of wages will be limited to those members of the bargaining unit employed by the County as of the date of signing this agreement. Kittitas County Corrections Contract -01/01/16 -12/31/18 Page 33 KITTITAS COUNTY SHERIFF'S OFFICE PERSONAL PHYSICAL FITNESS STANDARDS AND TESTING A. PURPOSE The purpose ofthe personal physical fitness standards and testing program is to promote physical fitness of Corrections and Security Officers within the Kittitas County Sheriff's Office, and to specify the scheduling, conduct and administration of semi-annual physical fitness tests. B. PARTICIPATION Enrollment and participation in the physical fitness testing program shall be optional at the election of the employee. Current bargaining unit employees who elect not to enroll and participate in the program shall not be eligible for the monetary incentive described below. Current employees may elect at any time to enroll, participate and test under the Program. Upon passing the applicable testing standards the employee shall receive the monetary fitness incentive described below. The Employer will not discriminate against any employee for exercising any option to enroll and participate, or not to enroll or participate, in the program. C. PHYSICAL FITNESS ABILITY TEST DESCRIPTION The physical fitness ability test shall be comprised of the same elements as the physical fitness ability test administered by the Washington State Criminal Justice Training Center for its entry level corrections academy recruits. The Employer will ensure that each semi-annual test is current and consistent with testing utilized by the Washington State Criminal Justice Training Center. If changes have occurred the Employer will give sixty days notice to enrolled employees, prior to using the new test. D. ADMINISTRATION OF THE PHYSICAL FITNESS TESTING The physical fitness ability testing will be conducted twice each year, in April and October. Participating employees will be notified at least thirty (30) days in advance of the specific testing date, time and location. The Employer may select months other than those specified above, provided the two annual testing dates are at least six (6) months apart, and shall provide participating employees at least thirty (30) days advance notice of the date, time and location of the test. All participating employees must make themselves available on the scheduled test dates. Officers shall be on on-duty status during the examination (testing) process, but shall receive no overtime or extra compensation for the time spent taking the examination. Employees who are ill or injured on the date of any scheduled test may request an alternate test date, by providing medical documentation of their condition. A request for an alternate test date must be made sufficiently in advance of the test date, so the Employer can fairly and fully consider and schedule any requested alternate test date. Last hour requests will not be considered. The Sheriff shall make the final decision regarding the granting of an alternate test date. Employees who have an emergent or extraordinary schedule conflict with the announced test date may request an alternate date. The reason(s) for the request must be presented to the Sheriff in writing at least five (5) days before the test date. The Sheriff shall make the final decision regarding the granting of an alternate test date. Kittitas County Corrections Contract -01/01/16 -12/31/18 Page 34 The testing will be administered by members of the Command Staff from the Kittitas County Sheriff's Office. E. TESTING RESULTS Those employees who elect to enroll and participate in the program, and who have achieved a passing score on each semi-annual test, shall be entitled to receive the fitness incentive pay described in the contract. If such employees do not achieve passing score on any semi-annual test, such employee shall not receive, and shall not be eligible to receive, any fitness incentive pay until a passing score is achieved, but in no event shall such employee be entitled to receive any such fitness incentive pay until the next succeeding scheduled semi-annual test is conducted. FITNESS TEST BENCHMARKS-FITNESS INCENTIVE PAY MINIMUM TEST REQUIREMENTS: To be eligible to receive fitness incentive pay, participants must pass all three of the following tests: push- ups, sit-ups and 1.5 mile run/walk. Each participating employee who passes the physical fitness test shall be entitled to receive fitness incentive pay, paid monthly, in an amount specified in the contract. PHYSICAL ABILITY TEST STANDARDS The Kittitas County Sheriff's Office Physical Ability Test (PAT) shall utilize the same elements as the test administered by the Washington State Criminal Justice Training Commission for entry level corrections academy recruits. At each semi-annual test, the January 2010 CJTC scoring system will be utilized, and an overall score of 120 or better must be achieved to be eligible for the incentive pay. The PAT is comprised ofthree tests, following the cnc Protocol below. • Push-ups • Sit-ups • 1.5 Mile run/walk **AII participants should have an opportunity to warm-up (5-10 minutes); this may be self-directed or led by test personnel** Protocol The test is conducted in sequence as, #1 Push-up, #2 Sit-up, #3 1.5 Mile Run . Push-up Measures the muscular strength/endurance of the upper body, particularly the shoulders, chest, and triceps (back of upper arm) used in high intensity defensive tactics training and application. This is a critical component of the proper use of force involving pushing, grabbing, and breaking one's fall to the ground, as well as getting back up off the ground. The push-up is conducted with the participant starting in the up position. A rater lies facing the participant with a four-inch cube placed under the participant's chest. The count begins when the participant's arms are bent in a gO-degree bend at the elbow measured from the outside of the arm, upper arms are horizontal to the mat and finishes when the participant returns to the up position with the elbows fully extended. A correct pushup is performed when the participant's back is flat (NO arch or Kittitas County Corrections Contract -01/01/16 -12/31/18 Page 35 bow}, the feet are together (one foot can be placed on the heel of the other or up to 1 foot apart), and the hands are shoulder width apart. Rest can only be done in the up position. Sit-up Measures the muscular strength, endurance, and flexibility of the torso muscles of the abdomen. The torso muscles are some of the most used muscles in the body. They bend and twist the torso and generate power in many ofthe control tactics taught at the academy, as well as performing other activities that involve the use of force. These muscles are also important for maintaining good posture and minimizing lower back problems. Please note: The participant has one minute to do as many correct sit-ups as possible. The sit-up is conducted with the participant lying on their back with knees bent to a 90-degree angle and the heels of their feet on the perimeter of a padded floor mat. A Spotter straddles the participant's feet holding the knees tightly, and a Counter kneels behind the participant with a hand placed beneath the participant's head. The participant has a choice oftwo positions for their hands on the head: 1. Position 1 is with the hands behind the head and the fingers laced. The fingers MUST stay laced behind the head for the repetition to count. 2. Position 2 is the hands are cupped over the ears alongside the head. Again, the hands MUST stay cupped over the ears for the repetition to count. One full repetition starts with the back on the mat. The participant then comes forward all the way to touch their knees with their elbow. Then come back down to the mat so that their head touches the counter's hand. Rest can only be done in the up position. Once in position, the participant has one minute to do as many correct sit-ups as they can do. 1.5 Mile Run Measures cardio-respiratory endurance or the aerobic capacity needed in extended control and prolonged defensive tactics training. This is important for performing activities involving stamina and endurance such as prolonged use of force events, rigorous and continuous training classes 4-8 hours in length, and minimizing the risk of cardiovascular health problems. The run is conducted on a 440 yard/400 meter track or marked level course. Scoring In order to pass the PAT. through the CHC, the participant must earn 120 points from three events. To qualify for the Fitness Incentive, the participant must earn 130 points from the three events. The participant can score only the number of points listed in the range for each event. The participant earns "0" points if they do less than the minimum number of repetitions for the event. The participant does not earn more points if they do more than the maximum number of repetitions for the event. It is not mathematically possible to earn 120 points and pass the test ifthe participant fails anyone of the events. Please note: The participant has one minute to do as many correct sit-ups as possible. Push-ups-: "0" points for 14 or fewer repetitions, 39.48 points for 15 repetitions, maximum of 60.53 points for 23 or more repetitions. Kittitas County Corrections Contract -01/01/16 -12/31/18 Page 36 Sit-upS: "0" points for 11 or fewer repetitions, 32.04 points for 12 repetitions, maximum of 48.06 points for 18 or more repetitions. Run: "0" points for running 18:17 or more, maximum of 50 points for 16:17 or less. See Scoring Matrix on next page. Kittitas County Corrections Contract -01/01/16 -12/31/18 Page 37 Push-ups Scoring Matrix # of Reps Pts/Rep - 23 >60.53 22 57.9 21 55.27 20 52.64 19 50 18 47.38 17 44.74 16 42.11 15 39.48 1.5 M Run Scoring Matrix 1/2 point per second Time Points Time Points Time Points 18:17 0 17:53 12 17:29 24 :16 0.5 :52 12.5 :28 24.5 :15 1 :51 13 :27 25 :14 1.5 :50 13.5 :26 25.5 :13 2 :49 14 :25 26 :12 2.5 :48 14.5 :24 26.5 :11 3 :47 15 :23 27 :10 3.5 :46 15.5 :22 27.5 :09 4 :45 16 :21 28 :08 4.5 :44 16.5 :20 28.5 :07 5 :43 17 :19 29 :06 5 .5 :42 17.5 :18 29.5 :05 6 :41 18 17:17 30 :04 6.5 :40 18.5 :16 30.5 :03 7 :39 19 :15 31 :02 7.5 :38 19.5 :14 31.5 :01 8 :37 20 :13 32 18:00 8.5 :36 20.5 :12 32.5 17:59 9 :35 21 :11 33 :58 9.5 :34 21.5 :10 33.5 :57 10 :33 22 :09 34 :56 10.5 :32 22.5 :08 34.5 :55 11 :31 23 :07 35 17:54 >11.5 17:30 23.5 17:06 35.5 I Kittitas County Corrections Contract -01/01/16 -12/31/18 Sit-ups Scoring Matrix # of Reps Pts/Rep Time 17:05 :04 :03 :02 :01 17:00 16:59 :58 :57 :56 :55 :54 :53 :52 :51 :50 :49 :48 :47 :46 :45 :44 :43 16:42 18 >48.06 17 45.39 16 42.74 15 14 13 12 Points 36 36.5 37 37.5 40 37.38 34.71 32.04 50 point maximum Time Points 16:41 48 :40 48.5 :39 49 :38 49.5 38 Max :37 50 38.5 :36 50 39 :35 50 39.5 :34 50 40 :33 50 40.5 :32 50 41 :31 50 41.5 :30 50 42 :29 50 42.5 :28 50 43 :27 50 43 .5 :26 50 44 :25 50 44.5 :24 50 45 :23 50 45.5 :22 50 46 :21 50 46.5 :20 50 47 :19 50 47.5 :18 50 16:17 50 Page 38