CBA with Lewis County Deputies Guild representing the Sheriff's Office operations bureau (deputies) BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
RE RESOLUTION TO APPROVE A COLLECTIVE )
BARGAINING AGREEMENT BETWEEN )
LEWIS COUNTY DEPUTIES GUILD ) RESOLUTION NO 19- I5
REPRESENTING THE SHERIFF'S OFFICE )
OPERATIONS BUREAU (DEPUTIES) & LEWIS )
COUNTY FOR 2019-2021 )
WHEREAS, the Board of County Commissioners (BOCC) of Lewis County, Washington, has
reviewed a Collective Bargaining Agreement between Lewis County Deputies Guild,
representing the Sheriff's Office Operations Bureau (Deputies), and
WHEREAS, it appears to be in the best public interest to authorize the execution of the said
Collective Bargaining Agreement for Lewis County,
NOW THEREFORE BE IT HEREBY RESOLVED that the aforesaid Collective Bargaining
Agreement between Lewis County and the Lewis County Deputies Guild is HEREBY approved
and the BOCC is authorized to sign the same
PASSED IN OPEN SESSION this 20th day of May 2019
APPROVED AS TO FORM BOARD OF COUNTY COMMISSIONERS
Jonathan L Meyer, /•secuting Attorney COUNTY, WASHINGTON
Civi teputy, Prosecuting Attorney's Office Rob C Jackson, Chair
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Rieva Lester, Clerk of the Boarsti:cull xw•• Edna J Fund, Corn if ioner
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BETWEEN
LEWIS COUNTY DEPUTIES GUILD
AND
LEWIS COUNTY SHERIFF'S OFFICE
5HER1FF
„scouNry
January 1, 2019 - December 31, 2021
1. INTRODUCTION .. 4
1 1 PREAMBLE 4
12 PURPOSE . . 4
2 RECOGNITION ... . 4
2 1 SCOPE OF BARGAINING UNIT 4
2 2 EMPLOYEE DEFINITIONS 5
3 GUILD SECURITY 6
3 1 MEMBERSHIP REQUIREMENT 6
3 2 CHECK OFF OF GUILD DUES . . 6
3.3 GUILD REPRESENTATIVES . . 7
3 4 GUILD COMMUNICATIONS . . 7
4. MANAGEMENT RIGHTS 8
4 1 CUSTOMARY FUNCTIONS 8
4 2 NON-WAIVER 9
4.3 EMPLOYER OPTIONS 9
4 4 PERFORMANCE STANDARDS 9
5. EMPLOYMENT POLICIES AND DUTIES . .. 9
51 NON-DISCRIMINATION 9
5 2 MANDATORY SCHOOL AND TRAINING SESSIONS 10
5.3. NO STRIKE CLAUSE 11
5.4 JURY DUTY . 12
5 5 MILITARY LEAVE .. 12
5.6 EQUIPMENT AND SAFETY 12
5 7 PERSONNEL FILES .. . 13
5 8 SPECIAL ASSIGNMENTS 13
5.9 CIVIL LIABILITY 13
5 10 ACCRUED LEAVE TRANSFER 14
5 11 DRUG AND ALCOHOL POLICY 15
5 12 TRAINING REIMBURSEMENT 15
5 13 TEMPORARY MODIFIED DUTY 15
6. COMPENSABLE HOURS .... 16
6 1 HOURS OF WORK 16
6 2 OVERTIME 17
6 3 SHIFT DIFFERENTIAL . 17
6 4 WORKING OUT OF CLASSIFICATION 17
6 5 COMPENSATORY TIME 18
6 6 CALL TIME ... 19
6 7 COURT TIME 19
6.8 ON-CALL TIME 20
6 9 REST AND LUNCH BREAKS 20
7 EMPLOYEE BENEFITS . . .21
7.1 BENEFIT ELIGIBILITY 21
7 2 HOLIDAYS 21
7 3 VACATION 22
7 4 HEALTH AND WELFARE INSURANCE 24
I I
7 5 BEREAVEMENT LEAVE 25
7 6 SICK LEAVE 26
7 7 LONGEVITY. .. 26
7 8 UNIFORMS AND EQUIPMENT 27
7 9 EDUCATIONAL INCENTIVE • 29
7 10 EDUCATIONAL REIMBURSEMENT 29
7 11. SPECIALTY INCENTIVE 30
7 12 DEATH BENEFIT 31
8 DISCIPLINARY INVESTIGATIONS 31
8 1 CITIZEN COMPLAINTS .. . . 31
8.2 SUPERVISORY OR IN-HOUSE COMPLAINTS 31
8.3 INTERVIEWS AND HEARINGS . . . 31
8 4 ALTERNATE RESOLUTIONS . 35
9 GRIEVANCE PROCEDURE . .. 35
91 PURPOSE 35
9.2 PROCESSING STEPS .. .. 36
9 3 ARBITRATION . 36
10 EMPLOYEE COMPENSATION 37
101 SALARIES . • . 37
10 2 PAYDAY . . 37
11 SENIORITY , .... .... 38
11 1 SENIORITY STANDING . . 38
11 2 LAYOFF 38
11 3 SHIFT ASSIGNMENT . . . . . 38
12 USE OF NON-BARGAINING UNIT PERSONNEL . .. 39
121 LIMITATIONS 39
13 SEVERABILITY 39
13 1. REPEALER IN CONFLICT WITH LAW . . 39
14. DURATION OF AGREEMENT .. . . ...40
15. APPENDIX A- SENIORITY DATES ...41
16. APPENDIX B - SALARY SCHEDULES 43
16 1 2019 SALARY SCHEDULE FOR DEPUTIES AND SERGEANTS . 43
16.2 2020 SALARY SCHEDULE FOR DEPUTIES AND SERGEANTS .. 43
16.3 2021 SALARY SCHEDULE FOR DEPUTIES AND SERGEANTS 43
16.4 DETECTIVES, DETECTIVE SERGEANT, AND LIEUTENANT SALARIES . 44
16.5 STEP ADVANCEMENT QUALIFIERS 44
16 6 COMPUTATION OF HOURLY RATES OF PAY . . 44
iii
1. INTRODUCTION
1.1. Preamble
1 1 1 This agreement is entered into by and between LEWIS COUNTY, WASHINGTON,
a political subdivision of the State of Washington and the LEWIS COUNTY SHERIFF'S
OFFICE, acting through the elected Sheriff, hereinafter jointly referred to as the
"Employer", and the LEWIS COUNTY DEPUTIES GUILD, hereinafter referred to as the
"Guild"
1.2. Purpose
1 2 1 It is the purpose of this agreement to achieve and maintain harmonious relations
between the Employer and the Guild, to provide for equitable and peaceful adjustments
of differences, which may arise, and to establish standards of wages, hours, and working
conditions
2 RECOGNITION
2.1. Scope of Bargaining Unit
2 1 1 The Employer recognizes the Guild as the exclusive bargaining representative for
those purposes appropriate to the units stated in RCW 41 56 of all classified Civil Service
positions under RCW 41 14.070 except Sheriff, Undersheriff, Chief Criminal Deputy,
Chief Civil Deputy, Inspector, Director of Property Management, Jail Administrator,
clerical office staff (including secretaries and records personnel), Corrections Bureau
employees, and reserves
2 1 2 Reserves Reserves are volunteers as they do not occupy classified civil service
positions under RCW 41.14.070
a) Reserves may, under certain circumstances, receive a stipend not to exceed the
minimum base pay of a deputy, as set out in this Agreement
b) Reserves shall not be used to supplant or to "skim"the work of deputies The tasks
assigned to reserves from time to time may include functions which do not require
the full skill sets of deputies, including tasks such as the following Registered sex
offender compliance checks, paper service relating to sex offenders and civil
situations, prisoner transport, address County Ordinances, and tasks undertaken
to assist and under the supervision of an Field Operations supervisor or deputy
Reserves also may work paid contract details/shifts when no deputy is available
and willing to work such details/shifts
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c) In the event the Guild feels that reserves may be encroaching upon deputies' work,
it shall bring its concern to the attention of the Employer If such concern cannot
be resolved to the satisfaction of the Guild within 90 days, then, upon a further 30
days' written notice to the Employer, the Employer shall cease to offer stipends to
reserves
2 2 Employee Definitions
2 2 1 Regular Full-Time Employee - An employee regularly scheduled to work an
average of one hundred seventy-three and three tenths (173 3) hours per month and who
has completed the twelve (12) month probationary period
a) The Sheriff has the discretion to authorize individual(s) who laterally transfer and
are subsequently hired as a regular full-time (Section 2 2 1) employee (to include
during probationary period) within the bargaining unit to receive such recognition
and credit as the Sheriff may deem appropriate for their continuous law
enforcement experience with previous law enforcement agencies for salary and
benefit accrual purposes as set forth in subsection (b)
b) The salary and benefit accrual placement impacts the following provisions set forth
in the Collective Bargaining Agreement
1) Step placement on the salary schedule (Appendix 16)
2) Vacation accrual placement (Section 7 3)
3) Longevity accrual placement (Section 7 7)
c) Authorized salary step placement or benefit accrual rates shall not change or
otherwise enhance an employee's seniority date (original date of hire)for any other
applications under the terms and conditions of the Collective Bargaining
Agreement
d) Specific salary and benefit accrual levels shall initially be established at the sole
discretion of the Sheriff or designee. Once authorized by the Sheriff or designee,
the initial salary and benefit step or accrual placement may not be unilaterally
rescinded unless salary and/or benefit accrual levels are inadvertently established
outside the scope of actual salaries and benefits set forth in the current Collective
Bargaining Agreement
e) Such employee(s) shall have a benefit accrual date assigned to them for the
specific provisions set forth above
2 2 2 Regular Part-Time Employee - An employee regularly scheduled to work less
than one hundred seventy-three and three tenths (173 3) hours per month and who has
completed the twelve (12) month probationary period
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2.2.3. Probationary Employee - An employee regularly scheduled to work either full or
part-time who has not yet completed the twelve (12) month probationary period
2 2.4 Provisional Employee -An employee appointed by the Sheriff in accordance with
Civil Service Rules and Regulations for a defined period of time
2 2 5 Trainee Employee -An employee regularly scheduled to work full or part-time that
has not yet completed the WSCJTA and the Employers field-training program
3. GUILD SECURITY
3 1 Membership Requirement
3.1.1. Membership or non-membership in the Guild shall be wholly voluntary and the
individual choice of employees covered by this agreement Any employee who is a
member of the Guild or who has applied for membership shall sign and deliver to the
Guild, who shall forward to the County, an original assignment authorizing and consenting
to the deduction of dues, fees, costs, charges, and assessments for membership in the
Guild Such authorization shall continue in effect from year to year unless revoked or
changed in writing with thirty (30) days' notice to the Guild and County Employees who
are not members of the Guild may make voluntary payments to the Guild by means of
payroll deduction by providing written consent to the County Such payment amounts are
those authorized by the employee
3.1 2 The Guild shall indemnify the Employer and save the Employer harmless against
any and all claims, demands, suits, or other form of liability that shall arise out of or by
reason of any action taken or not taken by the Employer at the request of the Guild for
the purpose of complying with this Article, provided that the action taken is in accordance
with such request
3.1 3 Guild members will be allowed to attend Guild meetings while on-duty Members
so attending will be subject to call and will be expected to respond to their duty
responsibilities during the Guild meeting
3.2. Check Off of Guild Dues
3 2 1 Employees and the Guild shall hold the Employer harmless and shall indemnify
the Employer from responsibility for withholding errors and damages flowing there from
caused by faulty information furnished by the employees or the Guild, and the Guild shall
promptly refund to the employee any amounts paid to the Guild in error
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3 3 Guild Representatives
3 3 1 Members of the Guild selected to serve as officers and representatives shall be
certified in writing by the Guild President to the Employer. A Guild officer or representative
shall be allowed reasonable time to review and process a dispute or grievance during
working hours so long as such activity does not unduly disrupt the operations of the
Sheriffs Office The Employer will not incur any overtime liability as a result of exercise
of release time by Guild officers and representatives under this section
3 3 2 Negotiations The Guild's official representatives for purposes of negotiating will
meet with the Employer at mutually agreed upon times The Employer will not allow more
than three (3) of the Guild's official representatives to attend negotiating sessions without
loss of pay if those representatives would be on-duty when negotiations are scheduled
and operational requirements permit
If the Guild uses a non-bargaining unit member during negotiations, then only two (2)
Guild official representatives will be allowed to attend the negotiation sessions without
loss of pay if those representatives would be on-duty when the negotiations are scheduled
and operational requirements permit Off-duty personnel attending negotiating sessions
shall not receive any compensation for such attendance
3.4. Guild Communications
3.4 1 The Employer shall provide suitable space on its premises for a Guild bulletin
board The Employer agrees to allow Guild representatives to use designated bulletin
board to post messages concerning Guild business, including scheduling or posting
notice of Guild meetings, Labor/Management meeting notices and minutes, and
communications with management and representatives of the Guild concerning the
administration of the Collective Bargaining Agreement
3 4 2 It is specifically understood that no notices of a discriminatory or political nature,
nor notices that would be offensive to a reasonable person, shall be posted Each posting
shall be initialed and dated, or digitally signed by the Guild official responsible for the
posting (Note The County email system is not confidential and these communications
may not be private and are the property of Lewis County)
3 4 3 The Employer shall allow the Guild to place a ballot box near the Guild bulletin
board This ballot box is the property of the Guild and will be used to vote on Guild
business
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4. MANAGEMENT RIGHTS
4.1. Customary Functions
411 Except as expressly modified or restricted by a specific provision of this
Agreement, all statutory and inherent managerial rights, prerogatives, and functions are
retained and vested exclusively in the Employer and its management, including, but not
limited to, the rights, in accordance with its sole and exclusive judgment and discretion
The exercise of these rights is subject to the terms and conditions of this Agreement and
the requirements of RCW 41 56 to negotiate over changes in mandatory subjects of
bargaining and the impacts of changes in permissive subjects on mandatory subjects of
bargaining
a) To take whatever action is either necessary or advisable to determine, manage
and fulfill the mission of the organization and to direct the Employer's employees,
b) to reprimand, suspend, discharge or to otherwise discipline employees for just
cause,
c) to determine the number of employees to be employed,
d) to hire employees, determine their qualifications and assign and direct their work,
e) to evaluate employees' performances,
f) to promote, demote, transfer, layoff and recall to work employees,
g) to set the standards of productivity, the services and products to be produced,
h) to determine the amount and forms of compensation for employees,
i) to maintain the efficiency of operation, determine the personnel, methods, means,
and facilities by which operations are conducted,
j) to set the starting and quitting times and the number of hours and shifts to be
worked,
k) to use independent contractors to perform work or services,
I) to subcontract, contract out, expand, reduce, alter, combine, transfer, assign, or
cease any job, department, operation or service,
m) to control and regulate the use of facilities, equipment, and other property of the
Employer,
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n) to introduce new or improved research, production, service, distribution, and
maintenance methods, material, machinery, and equipment,
o) to determine the number, location and operation of department, divisions and all
other units of the Employer,
p) to issue, amend and revise policies, rules, regulations, general orders,
administrative directives, and practices
4 2 Non-Waiver
4.2.1. The Employer's failure to exercise any right, prerogative, or function hereby
reserved to it, or the Employer's exercise of any such right, prerogative, or function in a
particular way, shall not be considered a waiver of the Employer's management right to
exercise such right, prerogative, or function in a particular way, shall not be considered a
waiver of the Employer's management right to exercise such right, prerogative, or function
or preclude it from exercising the same in some other way not in conflict with express
provisions of this Agreement, however, the Employer recognizes that RCW 41 56 may
impose an obligation for the Employer to negotiate changes in wages, hours, and working
conditions not covered by this agreement
4 3 Employer Options
4 3 1 The Employer and the Guild hereby recognize that delivery of services in the most
efficient, effective, and courteous manner is of paramount importance to the Employer,
and as such, maximized performance is recognized to be an obligation of employees
covered by this Agreement
4.4 Performance Standards
4.41 The Employer shall have the right to establish and maintain performance
standards Such standards that are in effect may be used to determine acceptable
performance levels, prepare work schedules, and measure the performance of an
employee The Employer shall have the right to implement and prepare work schedules
consistent with the terms and conditions of this Agreement No revision of performance
standards and/or policies shall be made without prior notification of the Guild
5 EMPLOYMENT POLICIES AND DUTIES
5.1. Non-Discrimination
5 1 1 The Employer and the Guild agree that they will not discriminate unfairly against
any employee by reason of race, creed, age, color, sex, sexual orientation, veteran status,
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national origin, religious belief, marital status, membership or non-membership in a Guild,
or mental or physical handicap
51 2 Alleged violations of the non-discrimination provision shall be processed by
submission by the employee of a complaint to the appropriate County, State or Federal
agency charged with the enforcement of such discrimination laws for investigation and
adjudication of the complaint The Guild will provide the employee with the name
address, and phone number of the appropriate enforcement agency or agencies
5 1 3 Whenever words denoting the masculine gender are used in this Agreement, they
are intended to apply equally to either gender
5.1.4. In the event Human Rights Commission jurisdiction is invoked in any matter
addressed by this Agreement, no proceeding may be taken under this Agreement with
respect to the matter while such jurisdiction is pending, and action under this Agreement
shall be superseded in the event of conclusion of the matter before the Human Rights
Commission
5 2 Mandatory School and Training Sessions
5.2.1. The Sheriff is permitted to conduct or direct the attendance of employees, and
each employee shall attend, any and all school and training sessions as directed by the
Sheriff
5 2 2 As required in the policy manual, or mandated by Washington State Law, each
employee shall be responsible for obtaining and maintaining certification for matters
required in the policy manual and mandated by law
5 2 3 The school, training, or certification referred to in Sections 5 2 1 and 5 2 2 above,
shall be mandatory upon each employee requiring the attendance of such employee
whether on their off-duty or on-duty time, depending upon when such classes occur
Attendance during actual class time shall be considered working time and shall result in
compensation at the applicable rate of pay
5.2.4. Voluntary attendance at non-required training courses, for the purpose of individual
career advancement or enhancement, shall not be considered compensable work time
provided that the following four (4) general principles are met.
a) Attendance is outside the employee's regular working hours, and
b) attendance is in fact voluntary, and
c) the employee does not perform productive work during such attendance and
d) the program, lecture, or meeting is not directly related to the employee's job
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5 2.5 Employer required training shall be at the Employer's expense and time spent in
travel to training sessions away from the employee's regular work place as well as class
attendance shall be considered compensable time provided, however, that travel time
shall be compensated at the straight time rate of pay subject to the following conditions
a) Travel pay shall commence at the employees point of debarkation In cases
where the employee is not required to report to the workplace, and travel begins
from his/her residence, pay shall be based upon the location of the residence
b) Employees wishing to attend non-Employer mandated training may voluntarily
waive the travel pay provisions contained in this agreement
c) Annual in-service training shall be conducted during normal business hours, will
be considered the employee s normal shift, and will be compensated at the
employee's regular straight time rate of pay This will include travel time for
employees with assigned take-home cars
5 3 No Strike Clause
5.3 1 The Employer and the Guild agree that the public interest requires the efficient and
uninterrupted performance of all the Employer's services and to this end, pledge their
best efforts to avoid or eliminate any conduct contrary to this objective The Employer
and the Guild recognize that the cessation or interruption of the services of the employees
is in violation of this Agreement
5.3.2. During the term of this Agreement, the Guild and the employees covered by this
Agreement shall not cause or engage in any work stoppage, strike, slowdown, or other
interference with Employer functions No employee shall willfully absent himself or herself
from his or her position, or abstain in whole or in part from the full, faithful and proper
performance of his or her duties of employment for the purpose of inducing, influencing
or coercing a change in his or her conditions of compensation, or the rights, privileges,
conditions, or obligations of employment
5 3 3 The Guild agrees that it shall not, at any time, authorize, instigate, sanction, cause,
participate in, encourage, or support any strike affecting the Employer Strikes shall also
be defined to include, but shall not be limited to, slowdowns, stoppages of work, tie-ups,
sit-ins, mass absences due to sickness or other reasons, demonstrations, picketing
(except where constitutionally permitted), boycotts, obstructionism, or any other form of
concerted activity such as disruption, interruption, or interferences in any manner or kind
whatsoever with any and all operations, facilities or activities of the Employer The Guild
and the employees agree that they will not honor any picket line established by any labor
organization in the event of being called up to cross such picket line in the performance
of duty
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5 3 4. Employees covered by this Agreement who engage in any of the foregoing
prohibited actions shall be subject to such disciplinary or discharge actions as may be
determined by the Employer including, but not limited to, recovery of any financial losses
suffered by the Employer as a result of such prohibited actions Any disciplinary action
shall be subject to the Civil Service Commission protection
5.3.5 Employees shall not be entitled to any benefits or wages whatsoever while they
are engaged in a strike, boycott, slowdown, mass sick call, any form of work stoppage,
refusal to perform duties, or other interruption of work or prohibition contained in the
foregoing paragraphs
5 3 6 In the event the Employer determines that a breach of any of the foregoing
provisions has occurred, the Employer shall, as soon as possible, attempt to notify the
Guild of the alleged breach
5 4 Jury Duty
5.4.1 Employees shall be allowed time off without loss of pay for serving on jury duty
Employees shall return to work if released from jury duty If less than one(1) hour remains
on the employees shift, a supervisor shall be consulted
5.5. Military Leave
5 5 1. Any employee who is a member of a military reserve force of the United States or
of the State of Washington shall be entitled to and shall be granted military leave of
absence from county employment, not to exceed twenty-one (21) days during each
calendar year Such leave shall be granted in order that the person may take part in
active training duty in such manner and at such times as he or she may be ordered to
active training duty Such military leave of absence shall be in addition to any vacation
or sick leave to which the employee might be otherwise entitled, and shall not involve any
loss of efficiency rating, privileges or pay (RCW 38 40 060) During the period of military
leave, the employee shall receive from the Employer his or her normal pay
5 6. Equipment and Safety
5.61 No employee shall be required to operate unsafe or mechanically unsound
equipment An employee shall report unsafe equipment to his or her supervisor for proper
disposition or repair
5.6 2 In the event that an employee has duly reported the occurrence of an unsafe
vehicle to his or her supervisor, and in the event that the Employer fails to cause the
vehicle to be repaired or made safe within a reasonable period of time, an employee who
refuses to drive the vehicle while in an unsafe condition shall not be subject to disciplinary
actions arising out of his or her refusal
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5 6 3 All fully commissioned Field Operations Bureau deputies will be provided with a
serviceable agency issued ballistic vest Ballistic vests shall be replaced or reconditioned
by the agency based upon the manufacturer's recommendation. Ballistic vest standards
shall meet or exceed the minimum state bid requirements
5 6 4 An employee who is required to work sixteen (16) or more hours in a twenty-four
(24) hour period, shall, after the 16th hour, receive a ten (10) hour uninterrupted safety
rest period. However, this requirement shall not apply in those cases in which such a ten
(10) hour safety rest period cannot be granted for reasons of operational necessity To
the extent the safety rest period overlaps the employee's next regular shift, those hours
will be paid without debit to any leave banks
If, due to operational necessity, and employee is required to work prior to receiving the
ten (10) hour rest break, compensation will be at one and one-half(11/2)times the regular
rate of pay for those hours worked In the interest of employee safety, the following
applies
a) An employee who can reasonably anticipate working sixteen (16) or more hours
under this section, shall, before reaching work hour fourteen (14), notify their
supervisor how many total hours they have worked, and
b) an employee shall not schedule any extra work beyond their regular work day that
would put them at, or above, the sixteen (16) hour mark
5.7. Personnel Files
5 7.1. Whenever an entry, in accordance with the Civil Service Rules and Regulations, is
made by the Employer into an employee's Civil Service file, a duplicate copy shall be
supplied to the employee as soon as reasonably practical.
5 8 Special Assignments
5 8 1 All appointments to a special assignment shall be open for employee request for
appointment prior to the Sheriff filling or reassigning personnel to the particular
assignment The opening shall be posted for at least fourteen (14) calendar days, unless
precluded by operational necessity
5 9 Civil Liability
5.9.1. Where the employee has acted in good faith and within the scope of employment
with Lewis County, and has not willfully committed acts or omissions which are wrongful,
the employee may, subject to RCW 4.96 041, and in accordance with the procedures
adopted from time to time by the Employer through County resolution, make a written
request for indemnity and defense
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5 9 2. In all such instances, the Employer shall provide legal representation for the
employee and the employee's marital community in defense of allegations of acts or
omissions in the performance of the employee's official duties, and where the Employer
has undertaken or should have undertaken representation, the Employer shall pay any
monetary judgment awarded against the employee and the employee's marital
community
5 9 3 As used in this section 5 9, the term employee includes a former employee of Lewis
County
5.10. Accrued Leave Transfer
5 10 1 Any employee with more than one (1) year of service with the Employer may
transfer a portion of their accrued vacation to another employee with one (1) year of
completed service with the Employer This transfer is contingent upon approval of the
employee authorizing and the employee receiving the transfer
5 10 2 No employee may transfer vacation to another if such transfer would leave the
transferring employee less than forty (40) hours of credited leave in his or her bank The
receiving employee shall be limited to a maximum receipt of hours each month equal to
the average number of hours the employee worked prior to his or her disability or illness
5.10.3. The employee transferring the leave shall authorize the transfer in writing Copies
of the written authorization shall be provided to the Employer and the Auditor's Office for
payroll purposes This voluntary transfer of leave time, once authorized, is final, provided
that should the receiving employee not use the transferred leave time due to death, illness
recovery, or separation from employment, that transferred leave time, shall revert back to
the transferring employee The hours transferred shall be converted to dollars at the
hourly rate of pay for the transferring employee Once transferred, they shall be
reconverted to hours based on the receiving employee's hourly rate of pay This process
shall be reversed in cases of a return of time
5.10.4. The transfer of leave time shall only occur if the receiving employee or a
dependent of the employee is suffering from an injury, illness or disability preventing the
employee's return to work or requiring the employee's attendance and that employee has
exhausted all of their accumulated sick leave, vacation, floating holiday, compensatory
time, or other leave with pay to which that employee is entitled
5.10.5. Transfer of leave time may also be used for any employee whose immediate
family member i e , spouse, child or other non-pecuniary household member, suffers from
a catastrophic injury, illness or other disability preventing the employee from returning to
work and the employee has exhausted all of his/her accumulated leave time to which they
are entitled
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5.10.6. Transferred time must be used within ninety(90) calendar days following the date
of transfer Any and all transferred time is expressly excluded from termination leave pay-
off provisions
5.11. Drug and Alcohol Policy
5 11 1 The recognized Drug and Alcohol Policy applicable to this bargaining unit is set
forth in Policy 1006 of the Lewis County Sheriffs Office Policy Manual Any future
modifications to this negotiated policy shall be considered a mandatory subject of
bargaining
5.11.2. As outlined in the policy, an employee shall have access to the Employer provided
Employee Assistance Program (EAP) Any costs associated with the EAP shall be borne
by the Employer In the event that the health insurer discontinues the EAP in whole or in
part, or the Employer selects a new carrier which has a different EAP or which offers no
EAP, the Employer shall incur no liability pursuant to the present section 5 11 2
5 12 Training Reimbursement
5.12 1 As a condition of hiring, any deputy who voluntarily terminates his/her employment
within three (3) years (two (2) years for lateral new hires) after the date of
commencement of his/her full-time employment will be required to reimburse the County
for expenses incurred during the hiring and training process
The dollar amount of obligated reimbursable expenses for a new deputy (entry-level and
lateral) will be detailed on the deputy's respective Final Offer of Probationary
Employment
5 13. Temporary Modified Duty
5 13 1 Request for Temporary Modified Duty (TMD) — Non-Job-Related Injury An
employee who is unable to perform all essential functions of his or her job due to injury
or other limitation not incurred in the course of duty may request TMD The request shall
be accompanied by a written statement from the employee's physician which sets out
fully the employee's physical limitations, and which provides an estimate of the period of
time during which the employee will be unable to work in an unrestricted duty assignment
5 13 2 Evaluation of Requests Upon receipt of such a request for TMD, the Sheriff shall
evaluate whether work exists which the employee can perform safely and without undue
risk to the County, which the employee's education, training, and experience qualify
him/her to perform, and which will be sufficiently beneficial and cost effective for the
agency The Sheriff may, in his sole and exclusive discretion, grant or deny any such
request for TMD The Sheriff may terminate a TMD assignment at any time, in his sole
and exclusive discretion, however, in no circumstances shall a TMD assignment exceed
45 work days The Sheriff may, at any time during the TMD assignment, require the
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employee to provide a further statement from his/her physician which updates the
employee's physical limitations, and which provides an updated estimate of the period of
time during which the employee will be unable to work in an unrestricted assignment
a) While on TMD, any related medical expenses shall be the responsibility of the
employee
b) The TMD work and schedule is beneficial to the employer
c) The TMD work and schedule should allow for rehabilitation by the employee, using
their appropriate/applicable leave during the workday, if necessary
d) Use of assigned agency equipment and vehicle while on a TMD assignment will
be at the sole discretion of the Employer based on the employee's illness/injury
e) If an employee is granted a TMD assignment during their probationary period, that
employee's probationary period shall be extended for such time they were on TMD
5 13 3 Delegation In the Sheriff's absence, any decision or task provided for in this
section 5 13 may be made or performed by the Undersheriff, a Chief Deputy, or a Captain
Similarly, the Sheriff may delegate any decision or task to the Undersheriff, a Chief
Deputy, or a Captain
6. COMPENSABLE HOURS
6 1 Hours of Work
6 1 1 The normal work week shall consist of five (5) eight (8) hour days with two (2)
consecutive days off, or four(4) ten (10) hour days with three (3) consecutive days off, or
a 10 40 (ten hour and forty minute) shift consisting of five (5) consecutive work days with
four (4) days off, five (5) consecutive work days with four (4) days off and five (5)
consecutive work days with five (5) days off Determination of a 4-10 shift, 10 40 shift, or
a 5-8 shift shall be subject to discretionary determination by the Sheriff, or his designee
The requirement of consecutive days off may not apply during normal shift rotation or
when the Employer directs overtime service during that period In special situations which
require additional shift coverage the Employer may adjust an employee's shift up to two
(2)times per year, if an employee is required to adjust his/her schedule over two (2)times
in a year, all hours worked outside the regular schedule shall be paid at the applicable
overtime rate Notwithstanding the foregoing, an alternate shift schedule may be made
by mutual agreement of the Guild and the Employer
6 1 2 Shift Adjustments An employee shall be provided with forty-eight (48) hours
notification prior to adjusting the employee's scheduled start time Individual employees
may waive the forty-eight (48) hour notice Mandated changes of less than forty-eight
(48) hours shall result in payment of overtime wages for all hours worked outside of the
employee's regularly scheduled shift No shift adjustment may be made if the adjusted
start time is within ten (10) hours of the end time of the previous shift unless mutually
agreed upon between the Employer and employee
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6 1 3 Notwithstanding any other provisions of this section 6 1, the Memorandum of
Understanding between the parties currently in effect concerning shift scheduling shall
continue in effect for the duration of this Agreement, unless terminated earlier pursuant
to the provisions of its paragraph 6
6.2. Overtime
6 2 1 Any work performed in excess of forty (40) hours per week, eight (8) or ten (10)
hours per day depending on the employee's assigned shift, or work performed on a
regularly scheduled day off shall be paid at the rate of time and one-half(1 5) the regular
rate of pay, or paid in the form of compensatory time off in accordance with the
compensatory time provisions of Article 6 5 Paid leave shall count as hours worked for
the purposes of determining overtime liability All overtime shall be authorized by the
employee's supervisor and approved by the Sheriffs designee
NOTE With implementation of MUNIS as the County's Payroll System, the County has
to eliminate the "Spanski Rule" of overtime (OT) calculation (where holiday hours are not
used in the calculation of OT rates) moving forward, with no economic compensation to
Guild members The elimination of the "Spanski Rule" will take effect the month of the
2019 contract ratification
6.2 2 The eight (8) or ten (10) hour threshold may be adjusted upon mutual agreement
of the Employer and the affected employee
6 3 Shift Differential
6 3 1 A shift differential of twenty cents ( 200) per hour shall be paid to those employees
who work a shift other than day shift without rotating Should an employee's normal shift
change due to employer direction, shift differential will apply Notwithstanding the
foregoing, shift differential pay shall not be available to
a) A probationary employee during probation and for the duration of the applicable
annual bid cycle, or
b) for an employee whose shift was established by the Employer based upon an
upheld or non-appealed disciplinary sanction against that employee, or
c) for an employee who volunteers to work a particular shift, or
d) an employee whose shift assignment is determined by the shift bidding process
6 4 Working Out of Classification
6 4.1. An employee assigned to work out of classification, in a higher paid classification,
for more than three (3) hours of a work day shall be compensated for all hours worked in
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that higher classification at a rate of one hundred four and five tenths percent (104 5%)
of the employee's basic rate of pay
6 4.2. An employee who is assigned to work out of classification for more than thirty (30)
consecutive calendar days shall receive compensation and benefits, pertaining to such
higher classification
6 4 3 It shall be the employee's responsibility to notify the employer of claim for this pay
by means of the applicable monthly time card Claims not noted on the time card within
thirty (30) days of accrual shall be void
6 5 Compensatory Time
6.5.1 An employee may elect to accrue compensatory time in lieu of receiving overtime
wages Compensatory time shall accrue at the rate of time and one-half for each overtime
hour worked and shall be subject to the following conditions
6 5 2 An employee shall not be allowed to accumulate more than forty-eight (48) hours
of compensatory time Compensatory time is cumulative from year to year to the
aforementioned maximum
6 5 3 With the prior approval of the Employer, an employee may convert to pay all or
part of accrued compensatory time, to be paid at the accruing employee's current
applicable rate of pay A request for cash out of accrued compensatory time shall be
made in writing, specifying the number of hours to be cashed out, and submitted to the
Sheriff, or his designee, for consideration on or before the 20th of the current payroll
month
6 5 4 Compensatory time off may be utilized in one (1) hour increments
6 5.5. The Employer shall post a monthly balance of each employee's accrued
compensatory time
6.5 6. Scheduling of the taking of compensatory time off is to be by approval of the Sheriff,
or his designee Once scheduled it may only be denied in the event of an emergency
endangering or substantially impairing Employer services to the public, or in situations
which have developed beyond the control of the Employer Scheduling of compensatory
time shall not pre-empt previously scheduled and approved vacation time
6 5 7 The Employer shall take no retaliatory or unfair discriminatory action against any
employee by reason of the employee's choice of compensatory time off
6 5 8 An employee, who retires, suffers termination of employment, or is laid off, shall be
paid by the employer at the ensuing payday for any unused accrued compensatory time
at the employee's regular rate of pay An employee may at any time designate a
beneficiary, using the form provided at the time of the designation by the County Auditor's
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Office In the event of the employee's death, any unused accrued compensatory time
shall be paid to the employee's designated beneficiary (or in the absence of a designated
beneficiary, to the employee's estate)
6.6. Call Time
6 6 1 There will be a guarantee of two (2) hour's pay at time and one half the employee's
regular rate of pay from time of call-in service Such guarantee shall be four (4) hours at
time and one half the employee's regular rate of pay in the event the employee is on his
or her day off at the time of call-in Any time over such guarantee will be paid for the
actual time worked at the applicable hourly rate of pay
6 6 2 In the event an employee has an approved scheduled vacation day and is called
into service, the employee shall be paid at their applicable overtime rate and their vacation
bank shall not be debited for the time used prior to the call back
6 7 Court Time
6 7.1. If an employee is subpoenaed or caused by notice to appear in court for reason of
any official duty, all mandated court appearance time shall be compensated by the
Employer at the employee's applicable rate of pay Any compensation received from the
court shall be refunded to the Employer
6.7.2 In civil cases, if the employee is called by a party, other than the Employer the
employee shall be solely responsible for making compensation arrangements with the
party calling him or her, and such time in court attendance shall not be paid by the
Employer, however, the employee may utilize, subject to compliance with employee leave
procedures, accrued annual leave, compensatory time, or time off without pay All civil
case court attendance during the employee's work shift hours shall be subject to debit
from accrual leave banks or a leave without pay.
6.7.3. Compensable court time while off duty will be paid at a minimum of three (3) hours
at time and one-half the employee's regular rate of pay Any additional time spent in court
or hearing will be subject to pay at the applicable rate of pay Any part of an hour
constitutes one (1) full hour The hourly minimums shall not apply to hours worked
consecutively prior to or after the employee's regularly scheduled hours of work
6.7 4. The minimums shall be applicable when an employee is directed to appear and in
the event a scheduled court case is canceled with less than twelve (12) hours actual
notice being provided to the employee Actual notice shall mean trial cancellation notices
will be placed on an employee's message center prior to 1700 the day before the
scheduled trial date As a condition to receive compensation under this article, an
employee must have checked his/her message center after 1700 the day before the
scheduled trial day, in order to determine whether the employee's presence at trial is
needed
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6 8. On-Call Time
6.8.1. There are two "on-call" categories which shall be defined, sanctioned, and
compensated as follows
6 8 2. "Physical On-Call Status" This is a full restricted status with an immediate duty
to physically respond upon notice, subject to penalty of discipline for failure to do so This
status constitutes "actual working time" and shall be subject to compensation at the
applicable rate of pay
6 8 3 "Designated On-Call Status" The Sheriff, or his designee, on a reasonably
rotating basis and within appropriate shifts, may direct personnel to assume a status of
"on-call" Such a status shall be for a period of time, as the employer shall set This
status does not constitute "actual working time" and not be subject to additional
compensation unless the status changes to "actual in service time" under the provisions
hereof
6 8.4 The "on-call" employee shall remain immediately reachable by whatever means
available and agreed upon during the designated period In the event the employer
directs, the "on-call" employee shall have a duty, after being contacted, to become
physically available within a reasonable period of time. Such employee shall gauge his
or her personal conduct while in an "on-call" status in such a manner as to be reasonably
able to report to duty within a short period of time
6 8 5 In the event an employee is engaged into service, "Call-Time" under Section 6 6 1
will be invoked
6 8 6 The "on-call" employee may transfer the "on-call" status to another agreeable
employee upon prior notice and approval of the supervisor After approval is given, the
original "on-call" employee shall promptly confirm the transfer with the new "on-call"
employee and with dispatch
6.8.7. At the discretion of the Employer, an employee may be issued a communication
device with the ability to use and answer the same if the employee wishes There would
be no sanction or discipline in the event the employee fails to respond to the call while on
this status No monetary or other compensation for the employee shall be paid while on
this status
6 9 Rest and Lunch Breaks
6 9 1. An employee shall be permitted, during the course of their shift, to take two (2)
fifteen (15) minute rest breaks, all such breaks to be taken as time permits If the
employee fails to take any or all such breaks for whatever reason, he or she shall have
no right to claim any compensation for that time
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6 9 2 Employees, during the approximate mid-point of their shift, shall be entitled to a
thirty (30) minute paid lunch break
7 EMPLOYEE BENEFITS
7.1. Benefit Eligibility
7 1 1 Employees shall receive vacation/sick leave, and medical/dental/vision benefits
under the following qualifiers Employees who are compensated for eighty (80) hours or
more in a calendar month shall receive one hundred percent (100%) of all benefits set
forth in this agreement, employees with less than eighty (80) compensable hours per
month shall have the benefits provided under this agreement prorated, part-time
employees with less than twenty-eight (28) compensable hours per month shall receive
no benefits A provisional employee may accrue and use vacation and sick leave while
employed, but may not receive remuneration of these benefits upon termination of
employment
7 2 Holidays
7.2 1 The agency shall recognize eleven (11) holidays.
New Year's Day January 1
Martin Luther King's Birthday 3rd Monday of January
President's Day 3rd Monday of February
Memorial Day Last Monday of May
Independence Day July 4th
Labor Day 1st Monday of September
Veteran's Day November 11
Thanksgiving Day 4th Thursday of November
Day after Thanksgiving 4th Friday of November
Christmas Day December 25
Gubernatorial Holiday As declared
Gubernatorial Holiday— Any day declared by the Governor as a special holiday
or day of special observation, on which the majority of Washington State
employees are to receive a day off with pay
7 2 2 Employees assigned to a Detective position will be scheduled to take the holiday
off For the purpose of this section, the holiday off will be the courthouse recognized
holiday If the holidays fall on the employee's regularly scheduled day off, the employee
shall be scheduled to take his or her nearest workday off Another day may be substituted
for the holiday during the same workweek with the mutual agreement of the affected
employee and the Employer
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7 2 3. An employee scheduled to take the scheduled holiday off pursuant to Section
7 2 2 and who is subsequently called to work on the holiday shall receive one and one
half (1 1/2) times his or her straight time hourly rate of pay for all hours worked that day
7 2 4 Any employee, aside from those assigned to positions that have paid holidays,
shall receive monetary compensation in lieu of the ten (10) holidays, payable as follows
a) If the employee is on a 5-8 or a 4-10 shift the majority of the calendar month, eight
point three three (8 33) hours per month with each completed month of service
b) If the employee is on a 10 40 shift the majority of the calendar month, eight point
eight nine (8 89) hours per month with each completed month of service
7 2 5 In lieu of annual floating holidays, each employee shall accrue the following hourly
time to his or her vacation bank with each completed calendar month of service
a) One point six six (1 66) hours, if on a 5-8 or a 4-10 schedule the majority of the
calendar month
b) One point seven eight (1 78) hours, if on a 10 40 schedule the majority of the
calendar month
7 3. Vacation
7 3 1 All regular employees in the bargaining unit shall accrue vacation in accordance
with the following schedule Eligible part-time employees shall accrue vacation on a pro-
rated basis Vacation leave is accrued but may not be taken until after an employee has
completed six (6) consecutive months of employment Provided, however, the Employer
may allow a provisional to use accrued vacation time within the initial six(6) month period
Actual accrual shall be made on a monthly basis
MONTHS OF COUNTY ACCRUAL RATE ACCRUAL RATE
SERVICE HOURS PER MONTH HOURS PER YEAR
0-12 8 00 96
13-24 8 66 104
25-36 9 33 112
37-48 9 33 112
49-60 10 00 120
61-72 10 00 120
73-84 11 33 136
85-96 11 33 136
97-108 12 00 144
109-120 13 00 156
121-132 13 66 164
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133-144 13 66 164
145-156 14.33 172
157-168 14 33 172 _
169+ 15 00 180
7 3.2 Vacation may be utilized in one (1) hour increments
7.3.3. In the event that an employee is required to attend court under the provisions of
Article 6 7, COURT TIME, and is on vacation at the time, the employee, in addition to pay
in accordance with such Section, shall not be charged a vacation day (eight [8] hours or
ten [10] hours, whichever is applicable)for the day during which court attendance occurs
Regular days off falling prior to or in the middle of scheduled vacation time shall be
considered vacation days for the purposes described in this section Additional vacation
credit may be granted by the Employer upon the showing by the employee of substantial
disruption of the employee's vacation caused by necessity of travel The employee shall
be reimbursed for all out of pocket travel and lodging expenses incurred as a result of the
requirement of attending court An employee shall make a reasonable effort at seeking
a refund, where possible At the time the employee is informed of the necessity to appear
in court during vacation, the employee shall have the responsibility to inform the Employer
of the potential costs to be incurred by the Employer under this section
7.3 4. An employee desiring to schedule vacation for the ensuing calendar year shall
provide a written vacation request to the Bureau Chief not later than December 31st of
the current year or not later than thirty(30)days prior to implementation of the new annual
shift schedule, whichever is later The Employer shall approve, reject, or ask for
rescheduling not later than January 31st of a vacation year or before the time of
implementation of the new annual shift schedule, whichever is later Second or
subsequent requests shall be responded to by the Employer within fifteen (15) days of
the date of such written second or subsequent request Once scheduled and approved,
an employee's vacation shall not be changed without mutual agreement of the Employer
and employee or unless an emergency exists The term "emergency" shall not include
Employer scheduling errors, trials for non-felonies, or felony trials where no violation of
the 60/90 day rule would result Additional vacation credit may be granted by the
Employer upon the showing by the employee of substantial disruption of the employee's
vacation caused by the necessity of travel The employee shall be reimbursed for all out
of pocket travel and lodging expenses incurred as a result of the requirement of returning
to work An employee shall make a reasonable effort at seeking a refund, where possible
At the time the employee is informed of the necessity to return to work during vacation,
the employee shall have the responsibility to inform the Employer of the potential costs
to be incurred by the Employer under this section On second or subsequent vacation
requests, it is the responsibility of the employee to timely notify the court of his/her
anticipated vacation If the employee fails to do so, then there shall be no compensation
for vacation interruption
7.3.5 Not later than August 1, the employee shall have scheduled, during the current
calendar year, at least fifty percent(50%) of the employee's annual accrual As of August
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1st, any portion of the employee's annual accrual which is less than fifty percent (50%)
may be subject to scheduling by the Sheriff, or designee
7 3 6 Vacation schedules shall be maintained for the following specific scheduling
division assignments Patrol, Detectives, and Special Services Schedule conflicts
between two same division employees requesting the same available unscheduled
vacation time, will be resolved by seniority
7.3 7 An employee who separates from County employment shall be paid for a prorated
portion of accrued days Annual leave may be accrued to a maximum of three hundred
twenty (320) hours subject, however, to potential loss of that portion of the accrual in
excess of two hundred forty (240) hours An employee who retires, suffers termination of
employment, is laid off, or in the case of death, the employee's beneficiary or estate, shall
be paid by the Employer at the ensuing payday for any unused accrued annual leave, but
in any event not to exceed a maximum of two hundred forty (240) hours Pay will be at
the employee's regular rate of pay If an employee is discharged within the first six (6)
months of employment, no accrued annual leave shall be payable
7 3 8 In the event a scheduled vacation is canceled pursuant to the provisions of 7 3 4 ,
or a vacation request is denied by the Sheriff by reason of operational requirements, and
in the event such cancellation or denial impacts the maximum three hundred twenty(320)
hour accrual, at the discretion of the Sheriff, the employee shall either be allowed to
accrue above the three hundred twenty(320) hour maximum or will be paid for the excess
accrual above the maximum at the employee's applicable straight time rate of pay In the
event that the Sheriff permits the accrual ceiling to be exceeded, the employee must pull
back within the three hundred twenty (320) maximum within ninety (90) days of the date
of exceeding the maximum, or the employee will be paid back to the three hundred twenty
(320) hour maximum The Sheriff shall have the discretion to reduce such excess accrual
by pay any time during such ninety (90) day period A request for vacation must be
submitted to the Employer at least two (2) weeks in advance of the requested start of
vacation to invoke this contract provision
7.3.9. Upon approval of the Sheriff, an employee may opt to be cashed out for all vacation
in excess of one hundred twenty (120) hours accrual Such request must be made in
writing to the Sheriff at least thirty(30) days in advance of the proposed cash out payday,
which must be a regular payday, and if approved, such cash out hours shall be paid at
the next payday at the employee's straight time rate of pay
74 Health and Welfare Insurance
7 4 1 Medical, Dental, and Vision The Employer shall maintain its present
subscription agreement with the Washington Counties Insurance Fund (WCIF) for the
purpose of providing the WCIF 500 medical plan, dental, and vision coverage for each
employee The required composite premium, as determined by the WCIP from time to
time, for each employee shall be paid to the administrative offices of Benefit Solutions
Inc (BSI)
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7 4 2 Maintenance of Benefits Effective January 1, 2019, a cost share of ninety-seven
percent (97%) employer/three percent (3%) employee for medical, dental, and vision
premiums shall be applied to the baseline amount of $1,023 87 Any increase in
premiums for provided plans above the baseline amount will be paid for at ninety-five
percent (95%) by the Employer and five percent (5%) by the employee All employee
contributions will be funded via payroll deduction
NOTE The County agrees to pay the employee portion of the new Washington State
Paid Family Leave contribution for the duration of the 2019-2021 contract, at which time
this provision will sunset and any subsequent provision will have to be negotiated This
provision will take effect the month of contract ratification
7 4.3 Payments. The Employer will be responsible for paying to Washington County
Insurance Fund its monthly contributions and those withheld from employees' wages
Upon Guild request, copies of all transmittals pertaining to benefits under this Section
shall be posted on the Guild bulletin board
7.4.4. Delinquency. If the Employer is delinquent in payments, the Employer shall be
liable for the payment of any claims incurred by employees or dependents during such
delinquency
7 4.5 Voluntary Employees' Beneficiary Association (VEBA). Effective January 1 ,
2019 and ending December 31, 2021, the County will contribute fifty dollars ($50 00) per
month to the employee's VEBA plan, under Section 501 (c) (9) of the Internal Revenue
Code for each Guild member who is eligible for, and enrolls in, one of the County's Health
Insurance Plans as described in subsection 7 4 1 of this Article The employee shall
make a monthly contribution of$50 00 to said account as voted upon on an annual basis
by the Guild in accordance with plan rules
7 5 Bereavement Leave
7.5 1. Up to three (3) days of bereavement leave shall be granted without any sick leave
debit in the case of a death in the employee's immediate family For purposes of this
Section 7 5 1 the term immediate family means the employee's spouse, child, sibling,
parent, or grandparent, or the employee's spouse's sibling, the employee's spouse's
parent, or the employee's spouse's grandparent When used anywhere in this Collective
Bargaining Agreement, the term spouse includes an employee's registered domestic
partner as defined by Washington law
Up to three (3) days of bereavement leave shall be granted without any sick leave debit
in the case of the death of any other person who is a non-pecuniary resident of the
employee's household
In any instance in which an employee is entitled to bereavement leave pursuant to the
foregoing provisions of this Section 7 5 1 , that employee also may take up to a further
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three (3) days of bereavement leave however, such further bereavement leave shall be
debited from the employee's earned sick leave accumulation
7.6. Sick Leave
7 6 1 With each month of completed continuous employment with Employer, sick leave
with pay shall be accrued by each full-time employee at the rate of eight (8) hours There
shall be a maximum accumulation of thirteen hundred twenty (1320) hours Part-time
employees who are employed on a regular basis or on a regular schedule shall entitled
under their contract of employment to that fractional part of the sick leave that the total
number of hours of employment bears to the total number of hours of full-time
employment Sick leave may be used in half hour increments Accrued sick leave shall
be debited in accordance with actual time of absence due to illness
7 6 2 An employee may take leave for illness, requiring the employee's attendance, in
their immediate family "Immediate family" shall include only persons related by blood,
marriage or legal adoption in the degree of consanguinity of grandparent, parent, wife,
husband, brother, sister, child, or grandchild, and any relative living in the employee's
household An employee may use accrued sick leave for maternity or paternity purposes
Any absence for an illness, sickness disability, or maternity or paternity shall constitute
a debit against accrued sick leave, with actual time absent constituting the amount of
debit, rounded up to the half hour, however, nothing in this section shall be construed to
conflict with any right which a LEOFF I employee may have to recoup debited leave time
under State Law
7 6 3 An employee who takes more than three (3) workday's sick leave for any one
illness for self or for illness in the immediate family may be required by the Sheriff, or his
designee, to produce a letter from a medical doctor verifying the illness or necessity of
attendance
7 6.4 At the time of separation from service for any reason (other than just cause
termination), employees (except provisional and probationary), or, in the case of death,
the employee's designated beneficiary or estate, shall receive remuneration at a rate
equal to one (1) hour's current straight time monetary compensation of the employee for
each two (2) hours of accrued sick leave, to a maximum of four hundred eighty (480)
hours of pay
7 7 Longevity
7 7 1 For each year of continuous service with this Employer, as measured by the
employee's seniority date, the employee shall receive $6 00 per month beginning after
completion of the sixtieth month of employment
After five years 30 00 per month
After six years 36 00 per month
After seven years 42 00 per month
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After eight years 48 00 per month
After nine years 54 00 per month
After ten years 60 00 per month
and an additional $6 00 per month for each year after ten
7 8 Uniforms and Equipment
7 8.1. The Employer shall maintain a uniform and equipment account to assure each
employee has the necessary uniforms and equipment needed to perform his/her job
duties Employees working a plain clothes assignment shall receive a clothing allowance
of five hundred fifty dollars ($550 00) annually An employee, in order to access such
uniform and equipment funds, shall present to the Employer a request for the uniform or
equipment which he or she desires to purchase The employee shall demonstrate to the
Employer the need to replace or purchase any item The Employer shall, upon approval
of the request, pay the creditor direct or allow the employee to purchase the item and
submit the invoice for reimbursement Any funds not used during a calendar year shall
not carry over to the next calendar year
7 8.2 For the purpose of this Article, "uniforms and equipment" shall include items on the
Agency Approved list and the maintenance of any of those items Additional items may
be added to the list as job demands or conditions warrant Employees may forward
written justification to the Employer for certain items to be added to the Agency Approved
List
7 8 3 An employee upon termination or separation of service for any reason shall
immediately return to the Employer any uniforms or equipment, except footwear, obtained
from the Employer or purchased from this account
7 8.4 Each employee shall be personally responsible for appropriate cleaning of such
uniforms and equipment, however the uniform account may be used to pay commercial
cleaning costs for one (1) uniform per week
7.8 5. In cases where the bureau chief has denied a request to purchase, a request to
place and item on the Agency Approved list, or a request to replace an item under this
Section, the employee may request review of the denial by the undersheriff If the
undersheriff concurs with the denial, the employee may submit the request to the Uniform
Equipment Fair Wear and Tear Board The Uniform and Equipment Fair Wear and Tear
Board shall be made up of the following individuals Appointed administrator and Field
Operations sergeant picked by the existing sergeants, a deputy picked by the bureau
chief, a deputy picked by the bargaining unit, and a bargaining unit shop steward This
board shall review the request and decide on whether to accept or deny the request The
decision of the board will be binding and final on both the Guild and the Employer
7 8 6 Commute Distance Outside Lewis County Deputies and sergeants residing
outside the boundaries of Lewis County, but issued an assigned agency vehicle, may
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commute with their assigned agency vehicle 15 road-miles (as defined below) beyond
Lewis County boundaries
Any deputy or sergeant living outside Lewis County and wishing to commute with their
assigned agency vehicle must submit a memorandum request for the 15 mile commute
variance through their chain of command, which must be approved by the Sheriff, or his
designee, before commuting with the agency vehicle is allowed As part of the
memorandum, the employee must delineate an alternate parking location where the
vehicle will be left, if their residence exceeds the allotted 15 mile variance This alternate
parking location (e g , law enforcement office/substation, fire station) must be approved
by the Sheriff, and the employee must have written permission by command personnel
overseeing the alternate parking location authorizing that leaving the vehicle there is
permissible For any timeframes longer than a week (more than five consecutive days),
the employee must make arrangements to leave their assigned vehicle at an approved
LCSO office/facility Relating to this Section, for any agency assigned vehicles being
parked outside the boundaries of Lewis County, no weapons, MDCs, uniforms, or ballistic
vests may be left in the vehicle while it is not in use
If compliance with this stipulation is not practical (e g , lack of approved and secure
parking, employee currently resides within a reasonable commute distance), the Sheriff
may grant an exception on an individual basis
For deputies and sergeants residing outside Lewis County, the following shall apply
a) The method of mileage measurement shall be all season, paved, maintained
streets that are generally open, passable, and available to be used by employees
to travel to and from their residence or approved parking location at the beginning
and end of each shift twelve (12) months each year
b) Google Maps or similar website (fastest route) will be the official measurement of
the distance from the Lewis County line to the employee's residence or location 15
mile boundary where the assigned agency vehicle will be parked
c) If an employee claims there is a shorter route over improved public roads not
shown by the website used to select the fastest route, the distance shall be verified
by the employee s supervisor
Employees commuting from outside the county shall be required to be in the county, or
their geographic area of assignment, at the start and end of their assigned work shift
Employees shall sign in service with radio and travel to the county on off-duty status, but
are obligated to take appropriate law enforcement action in the event such action is
necessary and unavoidable (e g , collisions, criminal/criminal traffic violations observed
while commuting) When such appropriate law enforcement action is taken
a) The employee shall go into on-duty status
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b) The employee may elect to be in overtime status for the period of time preceding
their normal scheduled shift
c) The employee would not be entitled to take call-out status
d) The employee's assigned shift would end at the regularly-scheduled time for that
shift
In such event, the commuting employee shall immediately request assistance from the
appropriate on-duty law enforcement personnel for that jurisdiction, and their on-duty
status will cease as soon as assistance arrives and relieves the employee of the need to
take appropriate law enforcement action Overtime for court, call-out, etc , for employees
residing outside the boundaries of Lewis County shall commence and terminate when
they reach the Lewis County line
In its discretion, management reserves the right at any time to revoke this provision for
any deputy and/or sergeant to take their assigned agency vehicle out of Lewis County for
commute purposes
7.9. Educational Incentive
7 9 1 As an educational incentive, each employee who holds an associate degree shall
be entitled to an additional three percent (3 00%) each calendar month, each employee
who holds a bachelor's degree shall be entitled to an additional five percent(5 00%) each
calendar month, and each employee holding a master's degree shall be entitled to an
additional seven percent (7 00%) each calendar month
7 10 Educational Reimbursement
7.10 1 The Employer is desirous of having employees participate in courses and training
opportunities to enhance their skills and enable them to advance to other positions
Accordingly, it shall be the Employer's goal to assist full-time, regular employees in the
furtherance of this policy by offering a tuition reimbursement program for courses or
training at accredited colleges and universities
7 10.2 To qualify for reimbursement, the employee must make application to, and receive
prior approval from, the Sheriff Such approval shall be at the sole discretion of the
Sheriff
7 10 3 An employee requesting tuition reimbursement must submit a written application
showing
a) The course curriculum description,
b) dates and times of classes,
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c) duration of the course,
d) narrative statement of how the course will benefit the Employer, as well as the
employee
7.10.4. If an employee's application is approved, the reimbursement will be for tuition only
if and when
a) The course is completed within six (6) months of approval, and
b) completed with a "pass" in a pass/fail grading system or a grade of "C" or better
The maximum reimbursement per credit will be the cost of a credit charged by
Centralia College
7 10 5 An employee who receives tuition reimbursement agrees to continue to work for
the Employer for twelve (12) months following the completion of the course, if not, the
reimbursement is pro-rated and the employee authorizes reimbursement to the Employer
from the last paycheck issued An employee who is unable to remain in the Employer's
employment, due to circumstances beyond the employee's control, shall not be required
to reimburse the Employer if the twelve (12) month period is not met
7 10 6. Reimbursement shall be for actual tuition, or the cost of the course All other
expenses, such as travel and books, shall be borne by the employee
7 11 Specialty Incentive
7 11 1 Employees who are assigned to K-9, SWAT, Firearms Instructors, or Dive Team
shall receive seventy-five dollars ($75 00) each month in addition to their regular salary
Except as provided in 7 11 3, employees are entitled to only one specialty incentive pay
listed above
7 11 2 Employees who are assigned as Field Training Officers or Defensive Tactics
Instructors shall receive an additional two dollars ($2 00) per hour added to his or her
regular salary while so engaged
7 11 3 Bilingual Pay-All employees who have been assigned by the Employer to provide
conversational language services shall have added to their base pay one percent
(1 00%)
a) An employee's ability to speak an approved language conversationally shall be
determined by completion of a test selected by the employer at a level of
proficiency determined by the Employer The test is intended to evaluate the
employee's ability to participate in basic conversations with routine and repetitive
subject matter The employee shall pay associated test costs to achieve initial
qualification
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b) Should an employee fail the test for initial qualification or re-qualification, a period
of six (6) months must elapse before retaking the test
c) Employees must re-qualify to retain the one percent (1 00%) bilingual pay by
successfully passing the test once every three (3) years The Employer will pay
the cost of testing for one (1) attempt at re-qualification Subsequent re-
qualification attempts will be at the expense of the employee
7 12 Death Benefit
7.12 1 In lieu of an Employer paid membership in the National Sheriff's Association
(NSA), which provided a death benefit to member employees, the Employer agrees to
pay a death benefit upon the death of any employee covered by this agreement Upon
the death of any employee the Employer shall pay to the employee's designated
beneficiary or estate an amount equal to one (1) month's pay at the individual employee's
rate of pay, provided, however, such amount shall be no less than three thousand dollars
($3000 00) Such payment shall be made on a separate check and shall not be
considered wages for time worked
8 DISCIPLINARY INVESTIGATIONS
8.1 Citizen Complaints
8 1 1 Whenever a citizen complaint is received by the Employer, a determination will be
made regarding whether the complaint is criminal or non-criminal Criminal matters will
be forwarded to the appropriate investigating authority
8 1.2. A non-criminal citizen complaint will not be considered formal until such time as
the complaint is reduced to writing A written complaint may be handwritten by the
complainant, typed, taped or otherwise reduced to writing and attested to by the
complainant
8.2. Supervisory or In-House Complaints
8 2.1 Supervisory or in-house complaints of misconduct or policy violation will be looked
into by supervisory personnel to determine appropriate facts The Employer shall attempt
to handle the violation at the lowest level of authority appropriate to the violation to assure
corrective action
8 3 Interviews and Hearings
8.3 1 In cases of serious violations, which may result in an un-timed letter, suspension,
demotion or termination, the complaint must be forwarded to the administrative staff The
interview of an employee concerning action(s) or inaction(s), which, if proved, could
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reasonably lead to a written reprimand, suspension without pay, demotion, or discharge
for that employee, shall be conducted under the following conditions and procedures
a) Investigations into allegations of employee misconduct shall be classified in the
notice as either a Type I complaint or a Type II complaint. For a Type II complaint,
discipline will not be greater than a written reprimand If notice of a Type
complaint is given, the range of discipline may be any of the disciplinary actions
(i e corrective action up to and including termination) The notice can be amended
at any time during the course of the investigation, provided that an amended notice
is provided to the employee and the Guild
b) The outcome of administrative reviews/internal investigations shall be a finding that
is categorized as either"sustained," "not sustained," "unfounded," or "exonerated "
c) At a reasonable time (at least forty-eight hours) in advance of the investigative
interview, the employee shall be informed in writing, with a copy to the Guild, of
the nature of the investigation, the specific allegations related thereto, and the
policies, procedures and/or laws that form the basis for the investigation, and shall
be advised that an opportunity to consult with a Guild representative will be
afforded prior to the interview The employee may waive the forty-eight (48) hour
notice in writing only
d) The requirements of these shall not apply if(1)the employee is under investigation
for violations that are punishable as felonies or misdemeanors under law, or (2)
notices to the employee would jeopardize the administrative investigation
e) If a complainant has filed a formal complaint regarding an action or inaction of an
employee and the Employer deems further investigation is necessary, the
employee shall be provided a copy of the complaint as soon as practical, with a
copy forwarded to the Guild
f) The employee shall have the right to have a Guild representative present during
any interview, which may reasonably result in discipline of the employee The
Guild representative may not obstruct or hinder the interview, but he/she can clarify
points, ask questions of the interviewee at the conclusion of the investigator's
questions or point out pertinent information to assist in gathering facts The
opportunity to have a Guild representative present at the interview or the
opportunity to consult with a Guild representative shall not unreasonably delay the
interview However, if the interview begins with the consent of the employee in the
absence of a Guild representative, but during the interview the employee
concludes that assistance is required by reason of increasing seriousness of the
disciplinary problem the employee shall be allowed a reasonable time in which to
obtain a Guild representative
g) To the extent reasonably possible, all interviews under this Section shall take place
at the Sheriff's Office facilities
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h) The Employer may schedule the interview outside of the employee's regular
working hours, however, in that event the appropriate overtime payment shall be
made to the employee
i) The employee shall be required to answer any question concerning a non-criminal
matter under investigation and shall be afforded all rights and privileges to which
the employee is entitled under State or Federal laws
j) The employee shall not be subject to abusive or offensive language or to coercion,
nor shall interviewer(s) make promises of award or threats of harm as inducements
to answer questions
k) During an interview, the employee shall be entitled to such reasonable
intermissions as the employee may request for personal physical necessities
I) All interviews shall be limited in scope to activities, circumstances, events and
conduct that pertain to the action(s) or inaction(s) of the employee that is the
subject of the investigation Nothing in this Section shall prohibit the Employer
from questioning the employee about information that is developed during the
course of the interview
m) If the Employer tape-records the interview, a copy of the complete tape-recorded
interview of the employee, noting the length of all recess periods, shall be furnished
the employee upon the employee's written request If the interviewed employee
is subsequently charged with misconduct, at the request of the employee or on its
own volition, the Employer shall provide a copy of the recording to the Guild on
behalf of the employee
n) Interviews and Internal Affairs investigations shall be concluded without
unreasonable delays If an investigation cannot be concluded within thirty (30)
days of the employee receiving notice of the investigation, notification will be
provided to the employee and the Guild with an explanation for the delay, along
with an estimated completion date The granting of extensions shall not be
unreasonably withheld
o) The employee and the Guild shall be advised promptly, in writing, of the results of
the investigation and what future action, if any, will be taken regarding the matter
investigated
8 3 2 A pre-disciplinary hearing shall be held by the Employer in cases in which the
complaint is believed to be valid and a sanction(s) is/are anticipated Such hearing shall
be scheduled within fourteen (14) business days, excluding weekends and holidays, of
the supervisor's completed investigation, not including day of submission through the
chain of command Should additional investigation be required before the next
disciplinary phase, the involved employee(s) shall be notified of the delay and the
expected completion date The employee shall receive notification at least seventy-two
(72) hours prior to a pre-disciplinary hearing The Employer, and Employee may mutually
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agree to waive the aforementioned timeframe notification requirement Employee(s)
notification shall provide the following
a) The basis of the alleged infraction,
b) the applicable policies/rules/directives alleged to have been violated,
c) advice to the employee of his or her right to Guild representation during the
hearing,
d) a copy of the complete investigation (upon written request of employee)
8 3 3 Discipline may only be imposed for just cause
8.3.4. A pre-disciplinary hearing shall be conducted during the employee's normal work
hours unless the urgency to resolve the complaint dictates otherwise If the employee is
working a shift other than day shift, the pre-disciplinary hearing will be held as close as
practical to the employee's normal work hours
8 3 5 The employee may, if the employee wishes, advise the Employer that he or she
will not proceed with a pre-disciplinary hearing Once the Employer has afforded the
employee the opportunity of a pre-disciplinary hearing and the employee chooses not to
participate, the Employer may proceed with disciplinary action
8 3 6 When a reasonable resolution of any complaint has been reached, the affected
employee(s) will be notified in writing of the outcome within fourteen (14) business days,
excluding weekends and holidays, of the aforementioned pre-disciplinary hearing not
including the hearing date
a) In cases where an economic sanction(s) or termination is recommended, the
affected employee(s) will be notified in writing of the recommendation within the
same aforementioned timeframe
1) In such cases, a Loudermill Hearing will be provided and a final determination
will be made within fourteen (14) business days, excluding weekends and
holidays, of the issuance of the recommendation, not including the date of
recommendation issuance
b) In cases where serious sanctions have been administered, a copy of the discipline
folder will be provided to the employee(s) after final disposition, upon employee(s)
request
c) Where a timed letter has been placed into an employee's file, such letter shall be
automatically removed from file upon the expiration of the duration of the notice
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d) If either the pre-disciplinary or Loudermill hearings are waived (verbally or in
writing), the aforementioned time periods will commence on the day following
receipt of the waiver
8.3.7. Should the Employer fail to adhere to the timelines set forth in this section
regarding the scheduling of hearings or the issuance of resolutions, such matters will be
deemed closed and not subject to further redress It is understood by the parties that due
to the nature of certain specific cases that either party may require an extension to the
aforementioned timelines to properly investigate or process the matter The granting of
extensions shall be on a case-by-case basis and shall not be unreasonably withheld
8 4. Alternate Resolutions
8.41 All parties are committed to resolve disciplinary matters in a manner that is
expeditious, fair, and transparent, and where possible, reduces the amount of formal
processes necessary As such, formal disciplinary processes can be waived and/or
modified where mutually agreed by the Agency and the Guild (i e Settlement
Agreements, as an example) In such cases, all such waivers and/or modifications will
not be precedent setting
9. GRIEVANCE PROCEDURE
91 Purpose
9.1.1. For purposes of this article, a grievance is defined as a dispute or complaint arising
under and during the term of this Agreement, involving an alleged misapplication or
misinterpretation of an express provision of this Agreement This grievance procedure
shall be the exclusive means for resolving such grievances, except as provided below
9 1 2 Time limits within the grievance procedure may be waived or extended by the
mutual agreement of both parties If the Guild, on behalf of the employee, fails to act or
respond within the specified time limits, the grievance will be considered waived If the
Employer fails to respond within the specified time limits, the grievance shall proceed to
the next available step of the grievance procedure
9.1.3 In matters involving suspension, demotion and termination, the employee or the
Guild may elect to process any dispute or question through either the Lewis County
Sheriff's Civil Service Commission or through the grievance process
9.1 4 Election of Remedies When an employee or the Guild submits a dispute to the
grievance procedure for resolution or the Civil Service Commission for review, such
submission shall constitute an election of forums and shall prohibit and bar the employee
or Guild from proceeding with that matter in the other forum In no event shall the
employee or the Guild submit the same dispute to both the Civil Service Commission and
the grievance procedure
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9.2 Processing Steps
9.2.1. Step One The Guild and/or employee shall submit the grievance in writing to the
Undersheriff within fourteen (14) calendar days of the events giving rise to the grievance
The written statement shall include the section(s)of the Agreement allegedly violated, the
facts, and the remedy sought Within fourteen (14) calendar days thereafter, the
Undersheriff shall submit an answer in writing to the Guild and employee
9.2 2 Step Two: Should the Guild decide that the reply of the Undersheriff is
unsatisfactory, the Guild shall within fourteen (14) calendar days submit the grievance in
writing to the Sheriff
9.2.3. Step Three Any grievance which is not resolved in Step 2, within fourteen (14)
calendar days after it is presented to him or her may then be subject to arbitration
9 3 Arbitration
9 3 1 Within fourteen (14) calendar days of the Employer's receipt of the Guild's request
to arbitrate, a representative of the Guild and a representative of the Employer shall meet
and attempt to agree on a neutral arbitrator If unable to reach agreement, they shall
request a list of eleven (11) arbitrators from the Federal Mediation and Conciliation
Service ("FMCS") The list shall be limited to arbitrators who are members of the National
Academy of Arbitrators from the nearest sub-region
9 3 2 In connection with any arbitration proceeding held pursuant to this Agreement, it
is understood as follows
a) The arbitrator shall have no power to render a decision that will add to, subtract
from or alter, change, or modify the terms of this Agreement, and his/her power
shall be limited to interpretation or application of the express terms of this
Agreement, and all other matters shall be excluded from arbitration
b) The arbitrator shall rule only on the basis of information presented in the hearing
and shall refuse to receive any information after the hearing except in the presence
of both parties and upon mutual agreement
c) The decision of the arbitrator shall be final conclusive and binding upon the
Employer, the Guild, and the employees involved provided the decision does not
involve action by the Employer, which is beyond its jurisdiction
d) Each party to the proceedings may call such witnesses as may be necessary in
the order in which their testimony is to be heard Such testimony shall be sworn
and shall be limited to the matters set forth in the written statement of grievance,
and shall be subject to cross-examination The arguments of the parties may be
supported by oral comment and rebuttal Either or both parties may submit post-
hearing briefs within a time mutually agreed upon Such arguments of the parties,
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whether oral or written, shall be confined to and directed at the matters set forth in
the written statement of grievance
e) Each party shall bear the cost of presenting its own case, including attorney's fees
Both parties shall equally share the cost of an independent arbitrator
f) Either party may request that a stenographic record of the hearing be made The
party requesting such record shall bear the cost thereof, provided, however, if the
other party requests a copy, such cost shall be shared equally
g) The arbitrator's decision shall be made in writing and shall be issued to the parties
within thirty (30) days after the case is submitted to the arbitrator
9 3 3 Arbitration awards or grievance settlements shall not be made retroactive prior to
the date of the occurrence or nonoccurrence upon which the grievance is based
10 EMPLOYEE COMPENSATION
101 Salaries
10.1.1. The applicable Salary Schedule is attached to this Agreement as an Appendix
10 2 Payday
10 2.1 The payday for all work performed in the previous calendar month shall be the
fifth day of the following month, but if the fifth falls on a non-work day, i e Saturday,
Sunday or Courthouse holiday, the payday shall be the first workday preceding the fifth
Earned overtime shall be subject to payment at the pay date following the month in which
such overtime was earned
10 2.2 At the sole discretion of the Employer, and upon sixty (60) days advance written
notice to the Guild and the employees in the bargaining unit, an alternate payday may be
selected and utilized Once such alternate payday is established by the Commissioners,
it shall remain the payday for the balance of the agreement Such alternate payday for
all work performed in a calendar month shall be the last courthouse working day of the
calendar month Earned overtime and premium pay (holiday, working out of class, etc )
if any, shall be subject to calculation from the 21st of the month to the 20th of the following
month, with payment at the pay date next following the period in which such overtime was
earned
10 2 3 A mid-month draw day shall be permitted to the employee to the extent allowed
by statute
10 2 4. If and when the Employer's new payroll system becomes available, the new pay
days will be the 10th and 25th of each month, however, prior to implementation, the
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Employer will provide sixty (60) days written notice to employees When the
aforementioned goes into effect, compensation for time from the 1st of the month through
the 15th shall be paid on the 25th, and compensation for time from the 16th through the
end of the month shall be paid on the 10th of the following month Should the 10th or
25th fall on a non-work day (i e Saturday, Sunday, or Courthouse holiday), the payday
shall be the first work day preceding the 10th or the 25th Earned overtime shall be
subject to payment in the pay cycle the overtime was earned
Once the new payroll system is instituted, the provisions in Sections 10 2 1, 10 2 2, and
10 2 3 will no longer apply and will be considered cancelled
11 SENIORITY
11 1. Seniority Standing
11 1 1 Unless otherwise provided, each employee shall have seniority standing equal to
such employee's continuous length of service with this Employer When employees have
the same seniority date, ties shall be broken by the level of placement on the Civil Service
hiring list, with the higher list position resulting in the highest seniority placing Seniority
of current members of the bargaining unit are set forth in Appendix A to this Agreement
11 1 2 Seniority shall be terminated by separation from County employment whether by
discharge or resignation Seniority shall be adjusted by the duration of absence in cases
of Employer granted leave of absence, however, the Employer, at the Employer's sole
discretion, may grant continuance of seniority in the case of a leave of absence for
educational purposes An Employer granted leave of absence due to illness and/or
disability shall not result in an adjustment of the employee's seniority date
11 2 Layoff
11 2 1. Employees shall be laid off in reverse order of his or her date of hire within the
Field Operations Bureau Employees laid-off shall be recalled in reverse order of their
layoff, i e , last laid-off, first to be recalled
11 2 2 The Field Operations Bureau shall include the following classifications Trainee
Deputy, Deputy, Detective, Sergeant, Detective Sergeant, and Lieutenant
11.3 Shift Assignment
11 3.1. When rotating shifts are set by the Employer, the Employer will make a good faith
effort to respect the seniority of deputies when making shift assignments This provision
is subject always to the Sheriff's management right and responsibility to protect public
safety and ensure effective and efficient operating needs of the Lewis County Sheriff's
Office
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11 3 2 When non-rotating shifts are set by the Employer, employees shall bid for
preferred shifts by seniority based upon date of rank within the Operation Bureau Shift
bidding shall be conducted separately within each job classification "Non-rotating" shall
mean a period of time of annual or greater rotation
12 USE OF NON-BARGAINING UNIT PERSONNEL
121 Limitations
12 1 1 All available paid overtime service due to regular employee staffing absence, due
to sickness, vacation, training or other leave, shall be offered to qualified bargaining unit
employees prior to offering the same to any other non-bargaining unit individual For the
purpose of this article, "offered" shall mean Employer notifying the overtime-scheduling
personnel who shall make reasonable effort to determine availability of bargaining unit
employees
12.1.2. For a work assignment other than one governed by Section 12 1 1 , or for
bargaining unit work other than where the deputy is to be the primary officer on a felony
matter, non-bargaining unit personnel may be used at the discretion of the Sheriff, or
designee
12 1 3 It is the intention of the Employer and the Guild that non-bargaining unit personnel
be used to supplement the work force rather than supplant the work force
13 SEVERABILITY
13 1 Repealer in Conflict with Law
13 1 1 In the event that any portion of this Agreement is held contrary to Federal or State
statute or law, such portion shall be null and void, provided, however, that negotiations
shall be immediately reopened by the parties pertaining only to that portion which is held
contrary to law
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14. DURATION OF AGREEMENT
14 1 1 This Agreement shall be effective as of January 1, 2019, and shall remain in full
force and effect to and through December 31, 2021
14 2 1 Either party to this Agreement may inaugurate collective bargaining over any
changes desired to be introduced into an extension term of this agreement by giving notice
of the substance and instrumental language of the changes by mail to the other party within
the following time frame Guild proposal to be submitted not later than August 31 of the last
year of this Agreement, Employer's proposal to be presented not later than September 15
the last year of this Agreement The first negotiation meeting shall be held not later than
October 1 of the last year of this Agreement
fi
Signed and dated this a0day of May, 2019
LEWIS COUNTY DEPUTIES GUILD BOARD OF LEWIS COUNTY COMMISSIONERS
L •'IS ■ OUNTY, WASHINGT
a07 A 10
0-5 t_12(,t) zav-- ----
=r ri,I f6y, ' : ident Robert C Jackson, Chair
AV
Dan Riord.n, Vice-President Gary Stamp r, ice Ch r
••v���S CO
AS rk 4:7•• ,e/ �L /I1L�`[LL�:/
• 4 / �o ()44. tr+ !• Edna J Fund, Corn rioner
0
1 i� SINCE \'�. ,
ATTEST :- ,e ie 1845 z°• LEWIS COUNTY SHERIFFS OFFICE
•
.." /
ieva Lester, Clerk of the Board Robert Snaza h= ff
Lewis County Deputies Guild
Page 40 of 45
15 APPENDIX A - SENIORITY DATES
15 1 Seniority Dates This appendix is intended to set forth and accurately reflect the
employee's respective date of hire and date of rank for application under this Agreement
The seniority listing is reflective of employees employed at the time the contract was
placed in force and is not intended to be inclusive of all employees employed during the
term of the Agreement
EMPLOYEE DATE OF HIRE DATE OF RANK
Kenneth F Cheeseman 12/16/82 04/01/90 Sergeant
Fredrick M Wetzel 09/01/86 09/01/86 Corrections Officer
06/16/88 Deputy
01/24/02 Sergeant
Robert L Nelson 08/01/94
Alan C Stull 05/12/97 01/03/06 Sergeant
Kevin M Engelbertson 09/08/97 01/01/15 Sergeant
01/01/16 Detective Sergeant
Jason M Mauermann 05/03/99
Jeffrey R Godbey 02/01/00 6/15/17 Sergeant
William D Adkisson 05/01/00
Richard B Van Wyck 09/24/01 09/24/01 Deputy
04/01/19 Sergeant
Jeffrey S Humphrey 09/24/01
Gabriel J Frase 04/30/02
Daniel J Riordan 05/20/02
Christopher J Rubin 03/26/02 03/26/02 Corrections Officer
11/12/02 Deputy
Curtis B Spahn 01/03/05 03/16/16 Sergeant
12/01/16 Captain
Jamey C McGinty 09/06/05
Brady P Taylor 03/06/06
Mathew D Schlecht 03/05/07
Tyson T Brown 08/08/11
Michael A Mohr 10/21/13
Scott C Ferguson 09/02/14
Skylar W Eastman 12/01/14
Ezra N Andersen 02/2315
Justin L Kangas 02/24/15
Samuel R Schouten 04/04/16
Scott L Robb 09/06/16
Emmett K Woods 10/01/15 10/01/15 Corrections Officer
11/06/16 Deputy
Julie S Jacobo 01/04/16 01/04/16 Corrections Officer
11/07/16 Deputy
Andrew G Scrivner 01/04/17
Jared M Kasinger 01/06/14 01/06/14 Corrections Officer
06/19/17 Deputy
Sage M Albright 02/25/15 02/25/15 Corrections Officer
07/10/17 Deputy
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Joseph A Solberg 05/21/18
Blake W Teitzel 12/03/18
Derrick R Vachon 03/04/19
15 2 Those employees having the same seniority date are listed in order as determined
by his/her placement on the Civil Service Hiring List
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16 APPENDIX B - SALARY SCHEDULES
16 1 2019 Salary Schedule for Deputies and Sergeants
Represents a three percent (3%) wage adjustment for Deputies and Sergeants, and
an additional two percent (2%) wage adjustment for Sergeants, over wages effective
December 31, 2018
Classifications
Lieutenant 7137
Detective Sergeant 6875
Sergeant 6548
Detective 6156
Classification Step I Step II Step 111 Step IV Step V Step VI Step VII
12m max. 12m 12m 12m 12m 12m Thereafter
Trainee Deputy 4761
Deputy Sheriff 4761 4966 5169 5376 5585 5721 5863
16 2 2020 Salary Schedule for Deputies and Sergeants
Represents a three percent (3%) wage adjustment for Deputies and Sergeants, and
an additional one and a half percent (1 5%) wage adjustment for Sergeants, over
wages effective December 31, 2019
Classifications
Lieutenant 7462
Detective Sergeant 7188
Sergeant 6846
Detective 6341
Classification Step I Step II Step III Step IV Step V Step VI Step VII
12m max. 12m 12m 12m 12m 12m Thereafter
Trainee Deputy 4904
Deputy Sheriff 4904 5115 5324 5537 5753 5893 6039
16.3. 2021 Salary Schedule for Deputies and Sergeants
Represents a three percent (3%) wage adjustment for Deputies and Sergeants, and
an additional one and a half percent (1 5%) wage adjustment for Sergeants, over
wages effective December 31, 2020
Classifications
Lieutenant 7801
Detective Sergeant 7515
Sergeant 7157
Detective 6531
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Classification Step I Step II Step III Step IV Step V Step VI Step VII
12m max 12m 12m 12m 12m 12m Thereafter
Trainee Deputy 5051
Deputy Sheriff 5051 5268 5484 5703 5926 6070 6220
16 4 Detectives, Detective Sergeant, and Lieutenant Salaries
16 4 1 The above listed classifications are compensated as follows Detectives receive
one hundred and five percent (105%) of Step VII Deputy wages The Detective Sergeant
will receive one hundred and five percent(105%)of Patrol Sergeant Lieutenants will receive one
hundred and nine percent (109%) of Patrol Sergeant.
16 5 Step Advancement Qualifiers
16.5.1. Upon successful completion of his/her Field Training Program, and approval from
the Lewis County Civil Service Commission, a Trainee Deputy shall be appointed to
Deputy Sheriff and placed on Step II A Trainee Deputy is not required to complete his/her
full twelve (12) month probationary period prior to being advanced to Deputy Sheriff
Increases in pay steps shall occur every twelve (12) months from his/her deputy
appointment date, not from the original date of hire
16 5 2 Upon twelve (12) months consecutive service with the Employer in a designated
classification, a Step II employee shall be placed on Step III
16 5 3 Upon twelve (12) months consecutive service with the Employer in a designated
classification, a Step III employee shall be placed on Step IV
16 5 4 Upon twelve (12) months consecutive service with the Employer in a designated
classification, a Step IV employee shall be placed on Step V
16 5 5 Upon twelve (12) months consecutive service with the Employer in a designated
classification, a Step V employee shall be placed on Step VI
16 5.6. Upon twelve (12) months consecutive service with the Employer in a designated
classification, a Step VI employee shall be placed on Step VII
16 5 7 The Employer, at the Employer's sole discretion, may start new hires, other than
Trainee Deputies, at any step of the salary schedule depending on the employee's
experience and job qualifications
16.6. Computation of Hourly Rates of Pay
16 6 1 The employee's individual hourly rate of pay, for application under this agreement,
shall be computed by multiplying the monthly base salary by twelve (12) and dividing the
Lewis County Deputies Guild
Page 44 of 45
total by two thousand eighty (2080) hours For application under this agreement the
monthly base salary shall include shift differential, longevity specialty pay, working out of
classification and education incentive earned each pay period Other forms of
compensation such as call time, court time, and uniform and equipment allowance are
not included in the calculation of monthly base salary
Lewis County Deputies Guild
Page 45 of 45
BOCC AGENDA ITEM SUMMARY
Resolution BOCC Meeting Date May 20, 2019
Suggested Wording for Agenda Item: Agenda Type Consent
Resolution to Approve a Collective Bargaining Agreement Between Lewis County Deputies Guild Representing
the Sheriffs Office Operations Bureau (Deputies)& Lewis County for 2019-2021
Contact Daleyn Coleman Phone x1408
Department Human Resources
Action Needed: Approve Resolution
Description
The Collective Bargaining Agreement between Lewis County Sheriff's Office and Lewis
County Deputies Guild is being presented for approval by the BOCC
The contract will be a three year agreement dating from January 1, 2019—December 31, 2021
There is a 3%wage adjustment for Deputies& Sergeants and an additional 2%wage adjustment for Sergeants
over wages effective 12/31/2018
There is a 3%wage adjustment for Deputies and Sergeants and an additional 1 5%wage adjustment for
Sergeants over wages effective 12/31/19
There is a 3%wage adjustment for Deputies and Sergeants and an additional 1 5%wage adjustment for
Sergeants over wages effective 12/31/20
Detectives will receive 105%of Step VII Deputy Wages
The Detective Sergeant will receive 105%of Patrol Sergeant
Lieutenants will receive 109%of Patrol Sergeant
The employees' Health and welfare benefits remain status quo
The employer will continue current VEBA contribution
Effective the pay period of contract approval by BOCC, The employer agrees to pay the employee portion of the
new WSPFL contribution for the duration of contract This provision sunsets at expiration of contract
Other issues that were addressed during negotiation were
• Revision to the Guild Security and Check Off of Guild Dues clause
• Creation of Temporary Modified Duty (Non-job related)
• Clarification of specific positions who receive monetary compensation in lieu of holidays and floating holidays
and clarification of shifts affected
• Clarification of notification to employee regarding complaint resolutions and addition of Alternate Resolutions
•"Spanski Rule" of OT calculation is no longer applicable due to MUNIS
Basic housekeeping procedures were not listed as changes These types of items generally are spelling errors,
grammatical errors, seniority, and other items of similar nature Also, clarification of policy is not listed as a
policy change or modification since the essence of the policy is still the same
No management rights were waived or reduced
Cover Letter To
Wes Rethwill
Steve Walton
Sandy Lupo
Michelle Sauter
Suzette Smith
Additional Copies
Wes Rethwill
Steve Walton
Sandy Lupo
Michelle Sauter
Suzette Smith