Approve CBA with Association of Lewis County Deputy Prosecuting Attorneys for calendar years 2021-2022. BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 21-060
RESOLUTION TO APPROVE A COLLECTIVE
BARGAINING AGREEMENT BETWEEN LEWIS
COUNTY AND THE ASSOCIATION OF LEWIS
COUNTY DEPUTY PROSECUTING ATTORNEYS FOR
CALENDAR YEARS 2021-2022
WHEREAS, the Board of County Commissioners, Lewis County, Washington, has
reviewed the 2021-2022 Collective Bargaining Agreement between Lewis County
and the Association of Lewis County Deputy Prosecuting Attorneys, representing
the Prosecuting Attorney 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 RESOLVED that the aforesaid Collective Bargaining
Agreement between Lewis County and the Association of the Lewis County
Deputy Prosecuting Attorneys represented by the Prosecuting Attorney Deputies
is hereby approved and the Board of County Commissioners is authorized to sign
the same.
DONE IN OPEN SESSION this 8th day of February, 2021.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Kevin McDowell Gary Stamper
By: Kevin McDowell, Gary Stamper, Chair
Deputy Prosecuting Attorney
ATTEST: ~S< «nog Lindsey R. Pollock, DVM
•Lr dsey R. Pollock, DVM, Vice Chair
•� %t,\C
•J;,,c
•Rieva Lester Sean D. Swope
Rieva Lester, Sean D. Swope, Commissioner
Clerk of the Lewis County Board of
County Commissioners
Page 1 of 1 Res. 21-060
0110112021 -1213112022 Collective Bargaining Agreement
between:
ASSOCIATION OF LEWIS COUNTY DEPUTY PROSECUTING
ATTORNEYS
— and —
the LEWIS COUNTY PROSECUTING ATTORNEY and
LEWIS COUNTY
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TABLE OF CONTENTS
Preamble 3
Article 1: Purpose and Goal 3
Article 2: Definitions and Construction 3
Article 3: Recognition 5
Article 4: Association Security 5
Article 5: Management Rights 8
Article 6: Work Stoppages Prohibited 10
Article 7: Maintenance of Deputies' Rights to Practice Law 11
Article 8: Miscellaneous 13
Article 9: Days of Work and Holidays 15
Article 10: Annual Leave 16
Article 11: Bereavement Leave 18
Article 12: Sick Leave 18
Article 13: Compensation 19
Article 14: Benefits 20
Article 15: Grievance Procedure 21
Article 16: Term 23
Article 17: Discipline and Personnel Files 23
Article 18: Severability, Choice of Law, and Venue 24
Article 19: Duration 24
Article 20: Classification and Wages 24
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Preamble
It is mutually agreed that the Employer and the Association shall work together to
encourage high standards of excellence, professionalism, and dedication to service
and improve working conditions and morale in the Prosecuting Attorney's Office to
enable the Prosecuting Attorney to efficiently and effectively fulfill his duties and
responsibilities.
Article 1: Purpose and Goal
1 .1 Purpose. The purpose of this Agreement is to set forth the wages, hours, and work-
ing conditions of those persons licensed to practice law in the State of Washington
who have been deputized by the Lewis County Prosecuting Attorney pursuant to
RCW 36.27.040, and for whom the Association has been recognized by the Wash-
ington Public Employment Relations Commission in its case 25637-E-13-3787 as
the bargaining agent.
1.2 Goals. It is the goal of the Lewis County Prosecuting Attorney's Office, Lewis
County, and members of the Association, to maintain a qualified staff of career dep-
uty prosecuting attorneys who are dedicated to public service. The parties have a
desire to reach and maintain this goal by establishing commensurate salaries for the
members that are based upon, in no particular order: experience, performance of
duties, and tenure. The Prosecutor and Employer recognize that deputy prosecuting
attorneys have educational requirements that no other County employee is required
to have in order to perform their jobs (absent member of the judiciary), specifically a
Juris doctorate degree. The Prosecutor and Employer recognize the time, commit-
ment, and expense incurred to deputy prosecutors which separates them, for pur-
poses of the Agreement, from other County employees' agreements. In addition,
the Prosecutor and Employer recognize that Deputies are considered exempt em-
ployees for purposes of FLSA and the Minimum Wage Act and Deputies in the Crim-
inal Division (covered by this Agreement) frequently work many hours in excess of
normal business hours of operation to prepare cases without overtime, compensa-
tory time, or other remuneration.
Article 2: Definitions and Construction
2.1 Definitions. In this Agreement the following terms bear the meanings herein below
ascribed to each, for all purposes —
"Agreement" means this collective bargaining agreement.
"Association" means the Association of Lewis County Deputy Prosecuting Attor-
neys.
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"Day" means calendar day.
"Deputy" means a Lewis County Deputy Prosecuting Attorney who is a member of
the bargaining unit described in Section 4.1 below.
"Employer" means Lewis County, for purposes of matters relating to wages and
hours; and, for purposes of matters relating to working conditions, Employer
means the Lewis County Prosecuting Attorney.
"Fair share fee" means the monetary payments anticipated by RCW 41.56.122.
"Layoff' means the separation from employment of a Deputy other than in circum-
stances in which the Employer alleges wrongdoing or misconduct by the Deputy.
"Non-pecuniary member of the Deputy's household" means a person who —
(a) ordinarily resides under the same roof as the Deputy for not less than
100 days each year, and
(b) is permitted to reside in the household primarily for reasons other than
his or her monetary contribution to household expenses; and who is not a
domestic worker, groundskeeper, watchman, or like employee of the Dep-
uty or of the Deputy's household.
"Office" means the Lewis County Prosecuting Attorney's Office.
"Office Administrator" includes the person who temporarily has assumed the duties
of the Office Administrator, in the absence of the Office Administrator from the
Office.
"Party" means (a) the Association of Lewis County Deputy Prosecuting Attorneys;
and (b) Lewis County (acting by and through its Board of County Commissioners),
and the Lewis County Prosecuting Attorney.
"Probationary Employee" means a full-time or part-time employee who has not yet
completed his or her six (6) consecutive month probationary period. A probation-
ary employee shall be considered an "at will" employee during his or her proba-
tionary period.
"Prosecuting Attorney" means the elected Prosecuting Attorney of Lewis County.
The terms wages, hours, and working conditions bear the meanings afforded each
of them under the Public Employees Collective Bargaining Act, RCW Ch. 41.56,
as construed by reported case law and by decisions of the Washington Public Em-
ployment Relations Commission.
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2.2 Computation of time. Time shall be computed in accordance with Civil Rule (CR) 6.
Article 3: Recognition
3.1 The bargaining unit defined. The Employer recognizes the Association as the exclu-
sive representative for purposes of collective bargaining of all full-time and regular part-
time Criminal Deputy Prosecuting Attorneys of the Lewis County Prosecutor's Office, ex-
cluding supervisors, confidential employees, employees who handle support enforcement
matters, and all other employees.
3.2 Matters not specifically addressed by this Agreement shall be governed by County
policies and/or Prosecuting Attorney Office guidelines as they currently exist and/or may
be amended.
3.3 With respect to proposed changes and/or amendments to County policies and/or
Prosecuting Attorney Office guidelines, the County and/or the Prosecuting Attorney's Of-
fice will notify the Association, in writing, of proposed changes and/or amendments. Upon
receipt of such written notice from the County and/or the Prosecuting Attorney's Office,
the Association will have twenty-one (21) calendar days to notify the County, in writing,
whether the Association will demand to bargain the proposed change and/or amendment
as a change or amendment associated with mandatory subject of bargaining and/or a
change or amendment that has a mandatory effect that must be bargained.
Article 4: Association Security
4.1 Employees eligible to be covered by this Agreement are Deputy Prosecuting Attor-
neys that are principally assigned to the Criminal Division of the Prosecuting Attorney's
Office. Membership or non- membership in the Association shall be wholly voluntary and
the individual choice of employees covered by this Agreement. Any employee who is a
member of the Association or who has applied for membership shall sign and deliver to
the Association, who shall forward to the County, an original assignment authorizing and
consenting to the deduction of dues, fees, costs, charges, and assessments for member-
ship in the Association. Such authorization shall continue in effect from year to year un-
less revoked or changed in writing with thirty (30) days' notice to the Association and
County. Employees who are not members of the Association may make voluntary pay-
ments to the Association by means of payroll deduction by providing written consent to
the County. Such payment amounts are those authorized by the employee.
4.2 Use of County Resources/Association Activities. The County and the Prosecuting
Attorney agree that on its premises, the Association Officers are authorized to represent
the Association and shall be allowed to:
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a. Post official current and timely Association business on office bulletin boards.
b. Use one folder on the Prosecuting Attorney's common drive. The folder shall
be designated as "ALCDPA Bulletin Board" and may be used by the Associa-
tion to keep collective bargaining agreements, association by-laws, and meet-
ing announcements.
c. Use email for the purpose of announcing the date, time, and location of Asso-
ciation meetings. All County email is subject to public disclosure.
d. The Association may conduct business with the County via the County's email
system.
e. Have reasonable access to work areas and on-duty time to conduct grievance
investigations and have access to personnel files according to applicable laws
and express written approval by the aggrieved Deputy. For the purpose of
negotiations, two (2) representatives will be allowed on-duty time to participate.
f. Use of County facilities for Association meetings.
g. Place a locked ballot collection box near the Association bulletin board for se-
cret balloting, providing its presence does not interfere with the operations of
the Prosecutor's Office. Employees may cast a vote into the box during work
hours, but the processing of the ballots shall occur during non-work hours.
4.3 Cost of Agreement. The Employer shall provide copies to new hires. Represented
employees and new hires may opt to receive their copy in electronic format.
4.4 Access to Workplace. Association representatives may, after informing the appropri-
ate management representative, visit the work location of employees covered by this
Agreement. Access shall be allowed provided it does not disrupt the regular work activi-
ties of employees or the Office. The Association, or it legal counsel, shall be permitted
access to Association-represented employee personnel files; and any access granted
shall be limited as set forth in this Agreement.
4.5 Negotiation Time. Employee officers and/or stewards of the Association shall be
allowed reasonable release time without loss of pay for the purposes of meetings with the
Employer for collective bargaining, grievances, or disciplinary hearings, or such other le-
gitimate Association activities. Nothing in this Agreement shall be construed to require
employees to receive compensation from the Employer for representation activities oc-
curring outside of the employee's regularly scheduled work hours or for such time to be
counted as time worked for overtime of flex-time calculation. Except as provided for in
this Agreement or as provided by law, County equipment and work hours shall not be
used by officers, employees or business representatives for solicitation of Association
membership, collection or checking of dues, Association meetings, or other activities re-
lating to the internal business of the Association.
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4.5.1 Employee Association representatives shall be allowed one (1) hour of re-
lease time preceding or following meetings with the Employer for preparation/de-
briefing activities.
4.5.2 Release time for arbitration or PERC hearings shall be limited to the
grievant/appellant, Association witnesses, and one (1) Association officer. Asso-
ciation witnesses shall be allowed to attend for as long as their presence is required
in relation to their testimony.
Article 5: Management Rights
5.1 Rights and responsibilities generally. The Prosecuting Attorney retains and reserves
all powers and full authority to manage the operations of his Office in the manner which
he deems to be the most effective, as a matter of his sole and exclusive right and prerog-
ative, in accordance with applicable laws and regulations, subject only to the limitations
expressly stated in this Agreement.
5.2 Inconsistent practices excluded. No right set forth in this Article 5 shall in any way
be derogated from or abridged by an inconsistent practice, regardless of whether such
practice predates or postdates this Agreement.
5.3 Enumeration of rights. Such management prerogative shall encompass, but shall
not be limited to, the right to do the following:
5.3.1 Direct, plan, control, and determine the operations and services of the Office;
and to modify, add to, curtail, or eliminate any of its operations or services at any
time.
5.3.2 Supervise Deputies, assign tasks and responsibilities to Deputies, effect
non-disciplinary reassignments and transfers of Deputies between units and divi-
sions of the Office, and otherwise direct Deputies.
5.3.3 Discipline Deputies, including, without limitation, admonishing, reprimanding,
transferring, demoting, suspending (whether with or without pay), or terminating
Deputies.
5.3.4 Install new equipment, adopt new software or systems, and require Deputies
to become familiar with and to utilize such equipment, software and systems fully
and properly.
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5.3.5 Establish qualifications for employment of Deputies, employ Deputies at any
rank, establish qualifications for promotions, promote Deputies, establish qualifi-
cations for specific assignments, and assign Deputies to duties and positions
within the Office.
5.3.6 Schedule and assign work.
5.3.7 Appoint and terminate the assignment of lead workers.
5.3.8 Set days and hours of work.
5.3.9 Establish and modify performance standards for Deputies generally, and for
Deputies in specific positions and assignments within the Office.
5.3.10 Establish and enforce codes of conduct governing Deputies in the course
and scope of their employment, and reasonably governing Deputies outside of the
course and scope of their employment; and to change and modify such codes.
5.3.11 Determine the methods, means, and organization through which the oper-
ations of the Office are to be performed.
5.3.12 Appoint Special Deputy Prosecuting Attorneys, in accordance with the laws
of the State of Washington.
5.3.13 Contract work out, whether to other prosecuting attorney offices or to mem-
bers of the private bar.
5.3.14 Make, modify, and enforce any and all reasonable rules and regulations.
5.3.15 Terminate the employment of Deputies.
5.4 Continuity of operations. As in the scheduling of their normal work, Deputies are
expected to be available during emergency situations of a catastrophic nature which af-
fect the general operations of Lewis County, including but not limited to conflagration,
volcanic eruption, earthquake, flood, pandemic, terrorism, or riot. Deputies may be as-
signed tasks other than their usual job duties to help maintain and safeguard essential
governmental functions, services, and infrastructure. The Employer may reassign Depu-
ties to critical services, irrespective of bargaining unit status.
5.5 Hiring and promotion. The Prosecuting Attorney, as a matter of his sole and exclusive
discretion, retains the right to hire and promote Deputies to fill any position within the
office that Deputy is qualified for. The hiring or promoting of a Deputy shall be made
within the salary schedule set out in this Agreement.
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5.5.1 Deputies are at will employees of the Prosecuting Attorney, notwithstanding
this Agreement nor any provision thereof.
5.6 Use of interns. The Employer may employ seasonal, part-time, or full-time interns.
5.6.1 Duties. Interns may be assigned to assist Deputies, or to perform tasks
normally performed by Deputies but which can lawfully be performed by persons
not licensed to practice law in the State of Washington. Additionally, those interns
qualified under Admission to Practice Rule 9 may be assigned all duties consistent
with that Rule.
5.6.2 Qualified persons. Persons qualified by education, training, or experience
may be hired as interns, including:
(a) Students enrolled in an accredited law school.
(b) Persons enrolled in the Law Clerk Program of the Washington State Bar
Association.
(c) Graduates of an accredited law school who have a bona fide intention
to take the Washington bar examination, or otherwise to seek Washington
bar admission, within the coming 18 months.
(d) University or college graduates accepted for enrollment in an accredited
law school.
(e) University or college students who intend to seek law school admission,
and who have completed at least two years of post-secondary education.
5.7 Contracting Out. When the Prosecuting Attorney or designee determines that a need
exists to fulfill the mission of the Prosecuting Attorney's Office, the County may contract
or subcontract work as may be deemed appropriate by the Prosecuting Attorney, where
work to be contracted or subcontracted from the bargaining unit is performed by a Special
Prosecutor, a visiting Prosecuting Attorney, or an Assistant Attorney General.
5.8 Non-waiver. The Employer's failure to exercise any right or prerogative reserved to
it, or the Employer's waiver thereof in a particular way, shall not be considered a waiver
of any of its rights or prerogatives, nor preclude it from exercising the same in any future
instance.
Article 6: Work Stoppages Prohibited
6.1 No work stoppage. The parties recognize and agree that the public interest abso-
lutely requires the uninterrupted and efficient performance of all functions of the Office.
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Specifically, the Association shall not cause, permit, condone, or in any way be party to
any work stoppage (including any strike, sympathy strike, refusal to cross a picket line,
slowdown, refusal to perform any customarily assigned duties, sick leave absence which
is not bona fide, or other interference with the functions of the Office). Should any work
stoppage occur, the Association shall, forthwith, take all necessary steps to end such
interference. Any concerted activity by Deputies shall be deemed a work stoppage if it
causes or contributes to the interruption of or hindrance to any function of the Office.
6.2 Duty of the Association. Upon notification in writing from the Prosecutor or his de-
signee that any of its members are engaged in a work stoppage, the Association shall,
forthwith and in writing, order such members to cease and desist therefrom, and shall
provide the Prosecuting Attorney with a copy of such order.
6.3 Penalty. A Deputy's commission of an act prohibited by this Agreement shall be
grounds for termination of that person's employment, regardless of the presence of any
mitigating factors. This section shall not be construed as a limitation upon the plenary
prerogative of the Prosecutor to terminate Deputies.
Article 7: Maintenance of Deputies' Rights to Practice Law
7.1 Bar dues and conduct rules.
7.1.1 The Employer shall, at its option, either pay each Deputy's annual bar dues
to the Washington State Bar Association on the Deputy's behalf, or cause the Dep-
uty to be reimbursed for the amount of the bar dues he pays. The Employer also
shall pay the application fee, if such a fee is required to enable a newly hired Dep-
uty to join the Washington State Bar Association.
7.1.2 Deputies shall at all times honor their oaths of office as attorneys and as
Deputy Prosecuting Attorneys, and comply with all obligations imposed upon them
by the Washington Rules of Professional Conduct.
7.2 Limitation. The Employer is not required to pay any optional Washington State Bar
Association assessment or contribution.
7.3. Repayment by Deputy. Should a Deputy's employment terminate for any reason
other than a layoff, the Employer may require the Deputy to reimburse it pro rata for the
dues payment for the remainder of the year.
7.4 MCLE requirements.
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7.4.1 The Employer shall provide each Deputy with the opportunity to attend suf-
ficient units of accredited continuing legal education classes to enable the Deputy
to satisfy the mandatory continuing legal education requirements of the Washing-
ton State Bar Association.
7.4.2 While the Deputy's field of practice, interests and preferences shall be con-
sidered, the Employer retains the right to select classes and dates of attendance.
7.4.3 The Employer shall pay all expenses which arise out of or necessarily relate
to a Deputy's attendance at such classes, such as —
(a) tuition and
(b) travel and meal expenses.
(i) Travel and meal expenses for attendance at sessions sponsored
by the Washington Association of Prosecuting Attorneys shall be
paid at the rate set by Lewis County Travel Policy; travel and meal
expenses for other MCLE's shall be paid according to Lewis County
Travel Policy.
7.4.4 The Employer may utilize accredited on-line or in-house MCLE classes to
satisfy its obligation under this Agreement.
7.5 Bar disciplinary proceedings. In the event that a Deputy is the subject of a bar com-
plaint or disciplinary proceeding the Prosecuting Attorney shall provide the Deputy with
legal counsel in that matter, provided that —
7.5.1 the conduct giving rise to the complaint arose out of or related to the Deputy's
employment with the Office; and
7.5.2 the conduct was consistent with established policies and procedures of the
Office, or with the instructions of the Deputy's supervisor.
Ordinarily, internal counsel will be appointed from within the Office.
7.6 Judicial sanctions. In the event that a monetary sanction is imposed against a Dep-
uty, the following provisions and procedure shall govern:
7.6.1 The Deputy shall notify his supervisor forthwith, and in no event later than
the morning of the business day immediately following the Deputy's receipt of no-
tice of the sanction.
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7.6.2 The Deputy shall provide his supervisor with a copy of the order imposing
the sanction, and with a written report fully detailing the circumstances giving rise
to the imposition of the sanction.
7.6.3 The Prosecuting Attorney or his designee shall determine, in his sole and
exclusive judgment and discretion, whether the Deputy's conduct giving rise to the
monetary sanction arose within the course and scope of the Deputy's employment.
7.6.4 The Prosecuting Attorney or his designee also shall determine, in his sole
and exclusive judgment and discretion, whether the conduct giving rise to the mon-
etary sanction was reasonable.
7.6.5 If it is determined that the conduct arose in whole or in part within the course
and scope of the Deputy's employment, and that the Deputy's conduct was rea-
sonable, then, unless the Employer is prohibited from doing so by order of a court
of competent jurisdiction, the Employer shall pay such portion of the monetary
sanction as relates to work-related actions and was reasonable. Additionally, the
Prosecuting Attorney shall provide the Deputy with legal counsel in any subse-
quent proceeding or matter relating to such sanction.
Article 8: Miscellaneous
8.1 Employer-mandated training. The Prosecuting Attorney may direct Deputies to at-
tend work-relevant training sessions, at the Employer's expense.
8.2 Optional training. The Prosecuting Attorney may permit Deputies to attend non-
mandatory training sessions.
8.3 Jury duty. Deputies shall be granted time off for serving on juries in accordance with
applicable Lewis County policy.
8.4 Employer policies. Deputies also shall familiarize themselves with and comply with
all policies hereafter promulgated by the Prosecuting Attorney and which are not in con-
flict with the terms of this Agreement
8.4.1 Subject to the following, the Prosecuting Attorney has adopted the County's
Travel Policy:
8.4.1.1 A County motor pool vehicle normally will be made available when a Dep-
uty is required to undertake business travel. In any instance in which the Office
Manager has established that a pool car is not available, a Deputy will be reim-
bursed for use of his or her personally owned vehicle ("POV") at the then-current
IRS Standard Mileage Rate for Business Travel.
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8.4.1 .2 Deputies normally shall travel together, rather than in multiple cars, when
traveling to a common destination unless approval is given by the elected or his
designee.
8.4.1 .3 Should a Deputy elect to use a POV in preference to a pool car, he or
she will be reimbursed at the then-current Business Travel Rate. However, such
reimbursement will not be allowed in situations addressed in 8.4.1.2 above.
8.4.1 .4 Mileage reimbursement is inclusive of all costs (including insurance). In the
event of a collision or other incident occurring during business use of a POV, the
Deputy will not be reimbursed for any insurance deductible, nor for any loss of any
kind whatsoever arising out of or related to such collision or incident. Accordingly,
Deputies contemplating use of a POV are cautioned to verify that their own insur-
ance policies offer coverage which they deem to be sufficient during business
travel.
8.5 Military leave. 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 mili-
tary leave of absence from employment, not to exceed twenty-one (21) work days during
each October 1 through September 30. 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.
8.6. Safety concerns. Deputies shall report all unsafe equipment, vehicles, or physical
conditions in the workplace to the Prosecuting Attorney's Office Administrator, or to the
Lewis County Safety Officer.
8.7 Indemnity and defense The rights of Deputies to be indemnified for damage awards
against themselves or their marital community and to be provided with a legal defense if
sued in matters related to their employment are set out in RCW 4.96.041 and BOCC
Resolution 19-167. Upon a Deputy's request, the Prosecuting Attorney's Office Admin-
istrator or the Lewis County Risk Management Office shall assist him or her in making
such a request for an indemnity and a defense by Lewis County.
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8.8 Travel Time. When an employee travels away from the office for any Employer re-
quired, authorized, or assigned meeting, work obligation, or training, travel time to and
from the activity shall be considered work time in accordance with Lewis County Policy
and FLSA.
8.9 Personal Firearms. Notwithstanding any other Lewis County policy, but subject to
existing law, a Deputy Prosecuting Attorney who possesses a valid Concealed Weapons
Permit or is otherwise qualified under Washington law to carry a firearm, may carry to and
from, and possess a firearm in the Prosecuting Attorney's Office and/or in a vehicle (in-
cluding a County vehicle) while on employer business so long as:
a. the possession and use of said firearm for self-defense is at all times in
compliance with Washington law;
b. the deputy's badge is worn in conjunction with the firearm so as not to cause
alarm when going to/from the courthouse.
c. the firearm is, at all times, discreetly concealed;
d. the firearm is secured out of view in the attorney's office in a suitable gun
safe and removed when the attorney is not on duty in the office;
e. the employee provides a suitable gun safe for his/her personal weapon; and
f. the employee satisfactorily completes an annual qualification and certifica-
tion process as prescribed by the Lewis County Sheriff's Office (LCSO). If
the LCSO will not or cannot provide the necessary training, the employee
shall satisfactorily complete the National Rifle Association's Basic Pistol
Shooting Course or an equivalent course annually at his or her own expense
prior to carrying a firearm in the workplace.
8.10 Washington State Paid Family and Medical Leave (WSPFML)
The Employer shall comply with requirements relating to Washington State Paid Family
and Medical Leave (WSPFML) in accordance with state law. Beginning January 1, 2020
the employee and employer shares of the WSPFML tax shall reflect the amount pre-
scribed by the State. The employee share of the premiums will be withheld by the Em-
ployer and forwarded to the State in accordance with state law.
Article 9: Days of Work and Holidays
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9.1 Work time. Deputies are paid a salary and are expected to devote such time to their
job duties as may be required in order to perform their duties in accordance with the
highest standards of the legal profession.
9.1 .1 Deputies may be required, as a part of their ordinary job duties, to be avail-
able out of normal business hours on a 24/7 basis for telephone consultation, for
call-out, or for special duties.
9.1.2 Deputies are exempt employees for purposes of the Fair Labor Standards
Act, 29 USC §201 et seq. Nonetheless, Deputies are encouraged to take ade-
quate lunch breaks and other breaks.
9.2 Normal business hours. The official business hours of the Office are weekdays be-
tween 8:00 a.m. and 5:00 p.m. (holidays excluded). Deputies are expected to be available
as necessary during those hours to enable the Office to perform its usual or customary
functions during throughout the business day.
9.3 Employee benefits. Deputies receive the following benefits of employment: vacation
leave; sick leave; and effective January 1 , 2021, the maximum employer contributions in
the amount of not more than $1275.00 per employee per month toward the premiums for
defined medical, dental, and vision insurance premiums for themselves, their spouses or
registered domestic partners, and their dependent children. Deputies who are compen-
sated for 80 or more hours of work in a calendar month shall receive 100% of the benefits
defined in this Agreement. Deputies who are compensated for fewer than 28 hours of
work in a calendar month shall receive no benefits. All other Deputies shall receive ben-
efits pro rata.
The Employer agrees to a re-opener limited to the Employer contribution amounts for defined
medical, dental and vision plans for the year 2022. The outcome of this re-opening shall not result
in any decrease to the agreed health and welfare contribution amount from the prior year.
9.4 Holidays. Deputies shall receive the following 10 paid days off (eight (8) hour work
day):
Holiday* Date of Observation
New Year's Day 1st day of January in each year
Martin Luther King's Birthday 3rd Monday in January of each year
President's Day 3rd Monday in February of each year
Memorial Day The last Monday in May of each year
Independence Day 4th day of July in each year
Labor Day 1st Monday of September in each year
Veterans' Day 11th day of November in each year
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Thanksgiving 4th Thursday of November in each year
Day After Thanksgiving 4th Friday of November in each year
Christmas 25th day of December in each year
*Whenever a holiday falls on a Sunday, the following Monday shall be observed as the holiday,
and any holiday falling on a Saturday shall be observed on the preceding Friday.
9.5 Personal/Floating day. Each Deputy also shall receive one additional paid day off
each calendar year. To this end, eight hours of leave will be added to the Deputy's bank
of annual leave at the beginning of each year.
9.6 Gubernatorial-declared special holiday. Each Deputy also shall receive an additional
paid day off work on any day declared by the Governor as a special holiday or day of
special observation, provided that:
9.6.1 It does not fall on a Saturday, on a Sunday, or on a holiday enumerated in
this Article;
9.6.2 The majority of Washington State employees are to receive a day off with
pay on that day; and
9.6.3 Neither the Superior Court of Washington for Lewis County nor the District
Court of Washington for Lewis County will conduct regular business on that day.
(Historically, governors have declared such special holidays on the occasions of funerals
of former presidents of the United States.)
9.7 Emergency closure. Deputies shall perform necessary job duties without reporting
to the Office in the event that the Prosecuting Attorney implements an emergency closure
of the office. Deputies shall continue to receive full pay and benefits should such closure
last for seven days or less. Deputies also shall continue to receive full pay and benefits
if assigned job duties by the Prosecuting Attorney, in the event that such closure extends
beyond seven days.
Article 10: Annual Leave
10.1 Annual leave. Full-time Deputies shall accrue annual leave in accordance with the
table contained in this section.
Months of Lewis Hours accrued Hours accrued
County Service per month per year
0-12 8.50 102
13-24 9.00 108
25-36 9.50 114
37-48 10.00 120
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49-60 11.00 132
61-72 11.00 132
73-84 11.50 138
85-96 12.00 144
97-108 12.50 150
109-120 13.00 156
121-132 13.00 156
133-144 13.50 162
145-156 13.50 162
157-168 14.00 168
169-180 14.50 174
181-192 15.00 180
193-204 15.50 186
205-216 16.00 192
217-228 16.50 198
229+ 17.00 204
10.1 .1 Miscellaneous. Annual leave will be earned by part-time employees com-
pensated for 28 hours or more of work, pro rata. Annual leave will be accrued
monthly. A Deputy's accrued annual leave shall not be charged for partial-day
absences. The Prosecutor, in his sole and exclusive discretion, may give an em-
ployee credit for employment as an attorney in the employ of another governmental
entity when determining what annual leave accrual the employee should receive.
10.2 New employees. No annual leave may be used until an employee has completed
six months of service as a Deputy.
10.3 Extended annual leave. Deputies desiring to take eleven or more days of annual
leave in any period of two consecutive months shall, if reasonably possible, submit a
leave request (or leave requests) at least three months in advance of the date on which
they first wish to take such leave.
10.4 Leave requests. Requests to schedule annual leave shall be made on a form pro-
vided by the Office. While the Office will attempt to honor leave requests, leave requests
may be denied in whole or in part if, in the discretion of the Prosecuting Attorney, they
stand to hamper the efficient and orderly operation of the Office.
10.5 Leave accrual. Deputies may accrue annual leave up to a maximum of two (2)times
their annual accrual rate (see table above). Holidays occurring during an employee's
annual leave shall not be counted against the accrued annual leave balance. Part-time
or job-share employees shall be credited with vacation on a pro-rata basis based upon
the ratio of their assigned schedule to full-time (forty (40)-hour) employment.
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10.5.1 Upon separation from employment after the first six months of employment
by the Office, a Deputy (or, in the event of a Deputy's death, his estate or desig-
nated beneficiary) shall be paid the value of all accrued annual leave.
10.5.2 Beneficiary designation shall be made upon the form available at the time
of designation from the Lewis County.
10.5.3 Excess annual leave. Any Deputy who has exceeded the maximum num-
ber of leave hours he or she can accrue shall take the excess time off from work
to lower the accrued number of hours below the maximum accrual figure.
10.6 Donation of Annual Leave. A Deputy may donate annual leave to another eligible
County employee in accordance with Lewis County policy.
Article 11: Bereavement Leave
11.1 Triggering event. A bereavement leave of up to three working days may be taken,
upon prior notice to the Office Administrator, and in the event of the death of a Deputy's
spouse, child, parent, spouse's parent, grandparent, sibling, or spouse's sibling, or non-
pecuniary resident of the Deputy's household.
11.2 Extended bereavement leave. A deputy may use accumulated annual leave or sick
leave, as necessary and as approved by the Prosecuting Attorney —
(a) to take further time away from work due to bereavement, or
(b) to settle the estate and the legal affairs of a deceased related to the Deputy.
Article 12: Sick Leave
12.1 With each month of completed continuous employment with Employer, sick leave
shall be accrued by each full-time employee at the rate of eight (8) hours. When an
employee has accrued sick leave in excess of thirteen hundred twenty (1320) hours at
the end of the calendar year, the employee's accrued sick leave shall revert to thirteen
hundred twenty (1320) hours as of the first (1St) day of January of each calendar year.
12.1.1 Part-time employees shall accrue monthly sick leave in the same manner
as set forth above, except that a part-time employee's monthly accrual of sick leave shall
be reduced in proportion to the number hours worked by the part-time employee com-
pared to the number of hours worked by a full-time employee. By way of example only,
a part-time employee who works one hundred thirty (130) hours in a given month would
accrue six (6) hours sick leave.
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12.1.2 Employees accruing sick leave shall be allowed to use their accrued sick
leave for personal illness or for illness in their immediate family requiring the employee's
attendance, in accordance with the terms hereof, state law, and/or federal law. "Immedi-
ate family" is defined as person related by blood, marriage, or legal adoption and includes
only: grandparents, parents (including biological, adoptive, de facto, or foster, step legal
guardian of an employee, or a person who stood in loco parentis when the employee was
a minor child), the employee's spouse or registered domestic partner, brothers, sisters,
children (including biological, adopted, or foster child, stepchild, or a child to whom the
employee stands in loco parentis, is a legal guardian, or is a de facto parent, regardless
of age or dependency status), grandchildren, mother-in-law, father-in-law, and any per-
son who is a non-pecuniary resident of the employee's household.
12.1.3 Employees shall be allowed to use sick leave for personal doctor or dental
appointments or for appointments of immediate family members when the employee's
presence is required and for any additional reasons as outlined in the Washington State
Paid Sick Leave Law.
12.1.4 Sick leave may be used in quarter hour increments. An employee's sick
leave cumulative accrual shall be posted within fourteen (14) days of the end of the cal-
endar month.
12.1.5 An employee who takes more than three (3) workdays sick leave for any
one illness or three (3) consecutive sick leave days for self or for illness in the immediate
family may be required to produce a letter from a physician verifying the illness or neces-
sity of attendance.
12.1.6 Employees on leave for an occupational injury or illness shall be allowed to
supplement their time loss payment with accrued sick leave up to one hundred percent
(100%) of the employee's regular salary.
12.1.7 An employee who becomes ill while on vacation and requires medical at-
tention or hospitalization may charge the time ill to accumulated sick leave in accordance
with the terms hereof, state law, and/or federal law.
12.1.8 Employees who transfer between departments of Lewis County shall be
entitled to transfer accrued sick leave to succeeding County offices or departments.
12.4 Other entitlements. Federal and State laws, including the Family and Medical Leave
Act may provide instances other than those set out above in which leave may be used.
12.5 Sick leave payout. Any employee, except temporary, probationary, just cause ter-
minations, or resignation in lieu of dismissal for cause upon separation from employ-
ment, shall receive remuneration at a rate equal to one (1) hour's current straight time
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monetary compensation of the employee for each two (2) hours of accrued sick leave,
to a maximum of three hundred sixty (360) hours of pay. In the case of the employee's
death while in the employ of the Employer, the employee's designated beneficiary or es-
tate shall receive the same benefits. Beneficiary designation shall be made upon the
form available at the time of designation from Lewis County. In the event that an em-
ployee is re-hired by the County within 12 months of having terminated employment
with the County, the number of hours which would be equivalent to the dollar value of
any previous sick leave cash out shall not be restored upon re-hire. Any sick leave
hours restored to a re-hired employee shall have no cash value and shall be excluded
from any subsequent cash out payment. In addition, any sick leave hours restored to a
re-hired employee shall be accounted for separately, and annual carry-over for all such
restored sick leave hours shall be limited to forty (40) hours.
Article 13: Longevity
13.1 Longevity. For each year of continuous service, beginning with the eighty-fifth (85th)
month, with this Employer as measured by the employee's seniority date, the employee
shall receive longevity pay as described below:
Months of County Service Amount added to Salary
After 7 years $ 42.00 per month
After 8 years $ 48.00 per month
After 9 years $ 54.00 per month
After 10 years $ 60.00 per month
and an additional $ 6.00 per month for each year after ten.
Article 14: Compensation
14.1 Salaries. The salary schedule, which is set out in Article 20 to this Agreement, shall
be in effect throughout the term of the Agreement. The salary schedule may be amended
at any time by agreement of the parties.
14.1.1 Step increases. Employees will receive a step increase every anniversary
date. The anniversary date for a step increase shall be the first day following com-
pletion of one (1) year of employment and annually thereafter, except as otherwise
provided in this contract. Any increase in a Deputy's rate of pay shall be effective
on the first working day immediately following completion of the applicable period
of service.
If a Deputy is advanced to a higher step by the prosecutor, then the date of ad-
vancement shall be the new anniversary date.
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For the purpose of step increases and vacation accrual, employees hired the 1st-
15th of the month shall be recognized on the 1st of the hiring month, and those
employees hired the 16th through the last day of the month shall be recognized on
the 16th of the current month.
14.2 Pay day. Pay day's will be the 10th and 25th of each month. 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 Court-
house 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.
14.3 Variation. Upon 60 days prior written notice to the Association, the Employer may
adopt a different monthly payday or paydays.
14.4 Direct Deposit. At the written request of an Association member, the County shall
directly deposit Deputy paychecks to a financial institution.
14.5 Promotions. When an employee is promoted by the Prosecuting Attorney or from
one grade to another (DPA I to DPA II, DPA II to DPA III, or DPA Ill to Sr. DPA), the
employee shall be placed at a salary step of the new classification that provides a mini-
mum five percent (5%) salary increase.
14.5.1. When a DPA I has reached 24 months of service, the DPA I shall promote
to the DPA II position.
Article 15: Benefits
15.1 Employer contribution. The amount of the Employer's maximum contribution for the
benefits described below shall be the sum set out Article 9 of this Agreement.
15.2 Health and Dental Coverage. Deputies may enroll themselves, their spouses or
registered domestic partners, and their dependent minor children in the following Wash-
ington Teamsters Welfare Trust insurance plans that are offered in accordance with
Teamsters Trust rules: Medical Plan C, Vision, and Dental Plan A. Each Deputy may
decline coverage, whether for himself or for herself, for his or her spouse, or for his or her
dependent minor children.
15.3 Cost of coverage. Should the Employer's contribution be insufficient at any time to
fully fund the premiums charged by the respective insurers for the coverage in which a
Deputy or his family members are enrolled, the deficient amount shall be made up through
a deduction by the Employer from the Deputy's salary. The Employer will then remit the
Employer/employee shared contribution to the insurers.
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15.4 Prevention of lapse in coverage. In the event that the Washington Teamsters Wel-
fare Trust provides notice of its intention to cease to insure the Deputies in whole or in
part, the parties shall proceed as follows:
15.4.1 If time allows, the parties shall meet promptly to bargain successor insur-
ance coverage.
15.4.2 Otherwise (or if their bargaining is unsuccessful), and if the County is able
to do so, the County shall enroll each Deputy in an insurance plan available to the
County and to all of the Deputies through an insurer with which the County then
obtains group health insurance for other of its employees. The parties then shall
bargain over the effects of this change.
15.4.3 In either event, the Employer shall pay a sum per Deputy each month, the
minimum amount as set out in Section 9.3 of this Agreement, as its contribution
toward the Deputies' premiums for the successor insurance coverage.
Article 16: Grievance Procedure
16.1 Scope. The procedure set out below shall be used to resolve all disputes arising
from or relating to this Agreement. It is the sole dispute resolution mechanism for all such
disputes.
16.1.1 All time periods set out in the Article may be extended only by mutual writ-
ten consent of the parties.
16.2 Step 1 — Chief Civil Deputy. The Association shall submit any grievance in writing
to the Chief Civil Deputy Prosecuting Attorney (or, in his absence to the Office Adminis-
trator).
16.2.1 A grievance shall be so submitted within 14 days following the event giving
rise to the grievance, or within 14 days following the date on which either the As-
sociation or any affected Deputy learned or should have learned of such event. If
this requirement is not satisfied, the grievance shall be deemed to be waived.
16.2.2 The Chief Civil Deputy shall submit a ruling to the Association within 14
days of receipt of the grievance.
16.3 Step 2 - Prosecuting Attorney.
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16.3.1 Should the Association be dissatisfied with the ruling of the Chief Civil Dep-
uty, it may then submit its grievance in writing to the Prosecuting Attorney within
14 days following its receipt of that ruling.
16.3.2 If the grievance is not timely submitted to the Prosecuting Attorney, the
grievance shall be deemed to be waived.
16.3.3 With respect to any grievance going to working conditions, the decision of
the Prosecuting Attorney shall be final. It shall not be subject to further review
under Step 3, as described immediately below.
16.4 Step 3 — Grievance arbitration.
16.4.1 No right to grievance arbitration exists with respect to grievances —
(a) which relate in whole or in part to working conditions, as opposed to
wages or to hours (as defined in section 15.1 below); or
(b) arising prior to the effective date of this agreement, or after the ending
date of this Agreement recited in section 16.2 below.
16.4.2 Within 14 days of the Association's receipt of the Prosecuting Attorney's
ruling, the Association may tender a written request to arbitrate to either the Chief
Civil Deputy or to the Office Administrator.
(a) The parties' representatives then shall confer, and they shall attempt to
agree upon a single neutral arbitrator.
(b) Should the parties be unable to agree upon an arbitrator, they shall
request a list of 11 arbitrators from the Public Employment Relations Com-
mission. The parties shall then alternate striking names from this list. The
last individual whose name remains unstricken shall arbitrate the parties'
dispute.
16.4.3 The arbitration shall be conducted in accordance with such procedure as
the arbitrator may adopt, consistent with the following:
(a) The arbitrator shall have no power to render an award, order, or other
ruling which in any way varies or modifies the provisions of this Agreement.
(b) The arbitrator's jurisdiction shall be limited to interpreting and applying
this Agreement. No other matters shall be included within the arbitrator's
jurisdiction.
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(c) The written decision of the arbitrator shall be final, binding, and conclu-
sive upon the Employer, the Association, and the Deputy involved.
(d) Each party shall bear the cost of presenting its own case, including its
own attorney fees.
(e) The parties shall share equally the arbitrator's fee, the attendance fee
of a court reporter, and all related costs (including the arbitrator's charges
for travel, meals, and lodging). Should either party order a transcript, the
court reporter's fee for the transcript shall be borne by the party requesting
it.
(f) The arbitrator shall have the authority to rule upon any objection or mo-
tion to dismiss relating to the scope of his jurisdiction. However, neither the
existence nor the exercise of such authority shall in any way limit the ability
of either party to seek an order compelling arbitration or an injunction to
prohibit arbitration from a court of competent jurisdiction.
16.4.4 No arbitration award or grievance settlement shall be made retroactive to
a date prior to the occurrence or nonoccurrence of the last event giving rise to the
grievance.
16.5 The Employer and Association shall pay any compensation and expenses relating
to its own witnesses or representatives. If any party requests a stenographic record of a
hearing, the cost of said record will be paid by the party requesting it. If another party
requests a copy, that party will pay one-half of the stenographic costs. The fee and ex-
penses of an arbitrator shall be borne equally to all parties.
Article 17: Term
17.1 Effective date. This Agreement shall be in full force and effect as of 12:01 a.m. on
January 1, 2021 , regardless of the day on which it is ratified by each of the following:
(a) the members of the Association,
(b) the Board of County Commissioners of Lewis County, and
(c) the Lewis County Prosecuting Attorney.
17.2 Ending date. This Agreement shall remain in effect through December 31, 2022.
Article 18: Discipline and Personnel Files
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18.1 The Prosecuting Attorney and the Association expressly acknowledge and recog-
nize the unique status of deputies as lawyers and officers of the court. As such, depu-
ties shall be and remain members in good standing of the Washington State Bar Associ-
ation and shall otherwise at all times comport themselves in conformity with their oath-
based obligations and responsibilities, including those imposed by the rules of profes-
sional conduct.
18.1.2 When a successor Prosecuting Attorney-Elect is waiting to take office,
any DPA may opt to voluntarily resign and receive the following severance:
a. Payment of accrued and unused vacation, holiday, sick leave, and any
other benefit that is eligible for pay-out.
18.2 Personnel Files. The content of files maintained by the Employer, related to an
employee, and as described in RCW 49.12.250 shall be considered the personnel file
and official record of an employee's service. Employees shall be provided copies of all
material to be included in their personnel file and shall have the right, upon request, to
attach statements in rebuttal or explanation.
18.3 Disciplinary Letters. Disciplinary letters placed in an employee's personnel file
shall be removed and no longer held against the employee after two (2) years. A letter
shall be stapled over the top of the disciplinary letter indicating the disposition of the dis-
position and shall remain in the employee's file.
Article 19: Severability, Choice of Law, and Venue
19.1 Severability. Should any provision of this Agreement be held unlawful and/or unen-
forceable by any court of competent jurisdiction, or any administrative agency having ju-
risdiction over the subject matter, or by subsequent legislation, such decision or legisla-
tion shall apply only to the specific article, section, or portion thereof directly specified in
the decision. Upon the issuance of any decision, the Association will be notified of the
resulting changes; and, upon request, the parties will meet to discuss the impact(s) and
negotiate a successor for the invalidated section or portion. All other portions of this
Agreement and the Agreement as a whole shall continue without interruption for the term
hereof.
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19.2 Choice of law. All provisions of this Agreement shall be construed in accordance
with the laws of the United States of America and of the State of Washington, excluding
only Washington's choice of law rules.
19.3 Venue. Any action arising out of or relating to this Agreement shall be brought in
the Superior Court of Washington for Thurston County, or in the United States District
Court for the Western District of Washington at Tacoma.
Article 20: Duration
This Agreement shall be in full force and effect from January 1, 2021, through December
31, 2022, and shall continue in effect from year to year thereafter unless either party gives
notice in writing at least 90 days prior to any expiration or modification date of its desire
to terminate or modify such agreement.
Article 21: Classification and Wages
Classifications Salary Grades Effective 11/01/2020
DPA I 26
DPA II 28
DPA III 32
Senior DPA 36
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Effective January 1, 2021, Association members shall receive a two and one quarter
percent (2.25%) base wage increase over the 2020 base wage.
Effective January 1,2022, Association members shall receive a three percent (3%) base
wage increase over the 2021 base wage.
Signed for and on behalf of the parties hereto on the dates inscribed below:
ASSOCIATION OF LEWIS COUNTY DEPUTY PROSECUTING ATTORNEYS
i -2
Paul Masiello, President Joseph Bassetti, Vice-President
Q\ 11\ Date: `'�i \ , 2021
Angela Avery, Secretary
LEWIS COUNTY PROSECUTING ATTORNEY
-_-_°�
J� Date: (j Z 12 (7O2't , 2021
Jonathan !VI er, Prosecuting Attdrney
4, / / LEWIS COUNTY
^ — " Attest: ..∎,,',gpARD O T. .
Gary Stamper, Chair �" -' .A:8":
.�,, SINCE
Rieva Lester, Clerk
,? 1 845 ,,,,,z;
"Lin:sey Pollock, ice-Chair .y c o.S..(s\°
'
C ' �Tp.N 1;C .
AlDate: • /6 , 2021
Sean Swop'e, C. missioner
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BOCC AGENDA ITEM SUMMARY
Resolution: 21-060 BOCC Meeting Date: Feb. 8, 2021
Suggested Wording for Agenda Item: Agenda Type: Deliberation
Resolution to Approve a Collective Bargaining Agreement Between Lewis County and the
Association of Lewis County Deputy Prosecuting Attorneys for Calendar Years 2021-2022
Contact: Daleyn Coleman Phone: x1408
Department: HR - Human Resources
Description:
Resolution to Approve a Collective Bargaining Agreement Between Lewis County and the
Association of Lewis County Deputy Prosecuting Attorneys for Calendar Years 2021-2022
Approvals: Publication Requirements:
Publications:
User Status
Chris Panush Approved
PA's Office Approved
Additional Copies: Cover Letter To:
Suzette Smith, Michelle Sauter, Brittani
Bonahoom, Chris Panush