Approve CBA with the Corrections Deputies for calendar years 2020-22 BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 21-065
RESOLUTION TO APPROVE A COLLECTIVE
BARGAINING AGREEMENT BETWEEN LEWIS
COUNTY AND THE CORRECTIONS DEPUTIES FOR
CALENDAR YEARS 2020-2022
WHEREAS, the Board of County Commissioners, Lewis County, Washington, has
reviewed the 2020-2022 Collective Bargaining Agreement between Lewis County
and the Corrections Deputies Guild, representing the Sheriff's Office Corrections
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 Lewis County Corrections Deputies
represented by the Corrections Deputies Guild is hereby approved and the Board
of County Commissioners is authorized to sign the same.
DONE IN OPEN SESSION this 22nd 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
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ATTEST: • urr s Lindsey R. Pollock, DVM•
• ,dsey R. Pollock, DVM, Vice Chair
SING
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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. 21-065
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SHERIFF
AGREEMENT BETWEEN
THE LEWIS COUNTY SHERIFF'S OFFICE
AND
THE LEWIS COUNTY CORRECTIONS GUILD
January 1, 2020 — December 31, 2022
Table of Contents
1. INTRODUCTION 5
1.1. Preamble 5
1.2. Purpose 5
2. RECOGNITION 5
2.1. Scope of Bargaining Unit 5
2.2. Just Cause 5
3. EMPLOYEE DEFINITION 5
3.1. Full-Time Employee 5
3.2. Part-Time Employee 6
3.3. Probationary Employee 6
3.4. Provisional Employee 6
4. GUILD SECURITY 6
4.2. Guild Representatives 7
5. MANAGEMENT RIGHTS 7
5.1. Customary Functions 7
5.2. Non-Waiver 8
5.3. Employer Options 8
5.4. Performance Standards 9
6. EMPLOYMENT POLICIES & DUTIES 9
6.1. Non-Discrimination 9
6.2. Mandatory School and Training Sessions 10
6.3. No Strike Clause 11
6.4. Jury Duty 12
6.5. Military Leave 12
6.6. Equipment and Safety 12
6.7. Personnel Files 13
6.8. Civil Service Conflict 13
6.9. Special Assignments 14
6.10. Civil Liability 14
7. DISCIPLINARY INVESTIGATIONS 14
7.1. Citizen Complaints 14
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Lewis County Corrections Guild Collective Bargaining Agreement
7.2. Supervisory or In-House Complaints 15
7.3. Interviews & Hearings 15
8. COMPENSABLE HOURS 18
8.1. Hours of Work 18
8.2. Overtime 19
8.3. Shift Differential 20
8.4. Working Out of Classification 20
8.5. Compensatory Time 20
8.6. Call Back Time 21
8.7. Court Time 21
8.8. Rest & Lunch Breaks 22
8.9. Specialty Assignments and Interpreters 22
9. EMPLOYEE BENEFITS 23
9.1. Benefit Eligibility 23
9.2. Holidays 24
9.3. Vacation 25
9.4. Health and Welfare Insurance 27
9.5. Bereavement Leave 28
9.6. Sick Leave 28
9.7. Longevity 30
9.8. Uniform and Equipment Allowance 30
9.9. Educational Incentive 31
9.10. Educational Reimbursement 31
9.11. Death Benefit 32
10. GRIEVANCE PROCEDURE 33
10.1. Purpose 33
10.2. Processing Steps 33
10.3. Arbitration 33
11. EMPLOYEE COMPENSATION 34
11.1. Salaries 34
11.2. Computation of Hourly Rates of Pay 34
11.3. Step Advancement Qualifiers 35
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Lewis County Corrections Guild Collective Bargaining Agreement
11.4. Payday 36
12. SENIORITY 36
12.1. Seniority Standing 36
12.2. Layoff 36
12.3. Shift Bidding 37
13. NON-BARGAINING UNIT PERSONNEL 37
13.1. Limitations 37
14. SEVERABILITY 38
14.1. Repealer in Conflict with Law 38
15. REORGANIZAION TO DEPARTMENT STATUS 38
16. DURATION OF AGREEMENT 38
17. APPENDIX A—SENIORITY DATES 39
18. APPENDIX B— SALARY SCHEDULE 2020 41
19. APPENDIX C —SALARY SCHEDULE 2021 41
20. APPENDIX D—SALARY SCHEDULE 2022 41
21. APPENDIX E — FILLING OVERTIME SHIFTS 42
22. FIREARMS MEMORANDUM OF UNDERSTANDING 44
23. 12-HOUR SHIFTS MEMORANDUM OF UNDERSTANDING 46
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Lewis County Corrections Guild Collective Bargaining Agreement
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 CORRECTIONS GUILD,
hereinafter referred to as the "Guild".
11.2. 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 all full-time and regular part-time classified Civil Service positions under RCW
41.14.070 of the Lewis County Sheriff's Office in the Corrections Bureau, excluding
supervisors, confidential employees and all other employees.
2.2. Just Cause
2.2.1. No bargaining unit members shall be disciplined except for just cause.
2.2.2. This guarantee shall not apply to "at will" employees, nor shall it apply to any
employee who elects to enter into a last chance agreement as an alternative to
termination of employment.
3. EMPLOYEE DEFINITION
3.1. Full-Time Employee
3.1.1. An employee regularly scheduled to work forty (40) hours per week, or in the
alternative one hundred sixty(160) hours per twenty-eight(28)day work cycle, and who
has completed their probationary period.
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Lewis County Corrections Guild Collective Bargaining Agreement
3.2. Part-Time Employee
3.2.1. An employee regularly scheduled to work less than one hundred seventy-
three & three tenths (173.3) hours per month and who has completed the twelve (12)
month probationary period.
3.3. Probationary Employee
3.3.1. A probationary employee shall be defined as an employee who is serving
his or her probationary period, defined as a twelve (12) month timeframe. If during the
course of the designated probationary period an employee is unable to perform his/her
regular duty assignment as a corrections deputy due to extended leave taken (paid or
unpaid), approved temporary modified duty, or other such circumstances greater than
two (2) weeks, the probationary period may be extended, after notification to the Guild,
for a period of time equal to the number of days the employee was absent and/or unable
to perform his/her corrections deputy assignment. During such probationary period, a
probationary employee's employment status with the Employer shall be strictly"at will".
3.4. Provisional Employee
3.4.1 . An employee appointed by the Sheriff in accordance with Civil Service
Rules and Regulations for a defined period of time.
4. GUILD SECURITY
4.1 . Guild Dues and Initiation
4.1.1 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.
4.1.2 Upon receipt of a properly executed authorization card signed by the
employee, the Employer shall deduct from the employee's monthly pay all regular
Guild dues and initiation fees. Such deductions are to be transmitted to the Guild
each month.
4.1 .3 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.
4.1.4 An employee may cancel payroll deduction of dues by written notice to the
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Lewis County Corrections Guild Collective Bargaining Agreement
Guild and the Employer. After Employer receives confirmation that the employee has
revoked authorization for deduction, the cancellation will become effective not later than
the second payroll after receipt the notice.
4.2. Guild Representatives
4.2.1. 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 and provides two (2) hour notice to the on-duty
supervisor. The Employer will not incur any overtime liability as a result of this Section.
4.2.2. 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. Off-duty personnel
attending negotiating sessions shall not receive any compensation for such
attendance.
5. MANAGEMENT RIGHTS
5.1. Customary Functions
5.1.1. 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;
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Lewis County Corrections Guild Collective Bargaining Agreement
e) to evaluate employees' performances;
f) to promote demote, transfer, lay off 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; to 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;
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 the department, divisions
and all other units of the Employer;
p) to issue, amend and revise policies, rules, regulations, general orders,
administrative directives, and practices.
5.2. Non-Waiver
5.2.1. 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, or preclude it from
exercising the same in some other way not in conflict with express provisions of this
Agreement. However, nothing contained in this provision shall be construed to give the
Employer the right to make unilateral changes in wages, hours, and working conditions
not covered by this agreement.
5.3. Employer Options
5.3.1 . The Employer and the Guild hereby recognize that delivery of services in the
most efficient, effective, safe and courteous manner is of paramount importance to the
Employer, and as such, maximized performance is recognized to be an obligation of
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Lewis County Corrections Guild Collective Bargaining Agreement
employees covered by this Agreement.
5.4. Performance Standards
5.4.1. 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.
6. EMPLOYMENT POLICIES & DUTIES
6.1. Non-Discrimination
6.1.1 . The Employer and the Guild agree that they will not discriminate unfairly
against any employee by reason of race, creed, age, color, sex, national origin, families
with children, sexual orientation, honorably discharged veteran or military status, religious
belief, marital status, membership or non-membership in a Guild, or the presence of any
sensory, mental or physical disability or the use of a trained dog guide or service animal
by a person with a disability.
6.1.2. 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.
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Lewis County Corrections Guild Collective Bargaining Agreement
6.2. Mandatory School and Training Sessions
6.2.1. 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.
6.2.2. 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.
6.2.3. The school, training, or certification referred to in Subsections 6.2.1 . and
6.2.2. 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.
6.2.4. 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 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 any productive work during such attendance;
and
d) the program, lecture, or meeting is not directly related to the employee's job.
6.2.5. 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 embarkation. 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 or the Lewis County Jail, whichever is closer to the training site.
b) Employees wishing to attend non-Employer mandated training may voluntarily
waive the travel pay provisions contained in this agreement.
6.2.6. Firearms Supplemental Agreement MOU
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Lewis County Corrections Guild Collective Bargaining Agreement
6.3. No Strike Clause
6.3.1. 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.
6.3.2. 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.
6.3.3. The Guild agrees and all employees agree, it and they 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 interference 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.
6.3.4. 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.
Notwithstanding this subsection, any employee discipline is subject to the terms and
restrictions of this Agreement, including, but not limited to, just cause.
6.3.5. 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.
6.3.6. 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.
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Lewis County Corrections Guild Collective Bargaining Agreement
6.4. Jury Duty
6.4.1. An employee shall be allowed time off without loss of pay for serving on jury
duty. Any compensation received by the employee from the court for performing such
service, shall be retained by the employee. This Subsection does not apply to days
served when the employee was not scheduled for 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. After consultation and approval from their
supervisor, employees who work on a swing or graveyard shift who serve on a jury may,
in the supervisor's discretion, be relieved from working their regular scheduled work
shift on each day of jury service.
6.5. Military Leave
6.5.1. An 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) workdays 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. Any additional leave will be considered under
applicable law.
6.6. Equipment and Safety
6.6.1. No employee shall be required to operate unsafe or mechanically unsound
equipment. An employee shall report unsafe equipment to his supervisor for proper
disposition or repair.
6.6.2. In the event that an employee has duly reported the occurrence of an unsafe
vehicle to his 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 refusal.
6.6.3. Ballistic vests shall be made available on an individual basis within the jail to
Corrections Bureau personnel to draw upon when such personnel are required as part
of their assigned duties to handle prisoners outside of the jail facility. Ballistic vest
standards shall meet or exceed the minimum state bid requirements, be in size range
to reasonably accommodate personnel size needs and shall be replaced based upon
manufacturer's recommendations. Consideration for individually fitted vests shall be
given based upon an employee's assignment on a case-by-case basis.
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Lewis County Corrections Guild Collective Bargaining Agreement
6.6.4. Safety Review. Employees may request a Safety Review per Lewis County
Sheriff's Office policy by simultaneous notification of the chain of command, to include
their immediate supervisor, Lieutenant, and Bureau Chief. The County will provide a
written answer to the employees and the Guild within 30 days of the request.
6.7. Personnel Files
6.7.1. 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. Each
employee shall have the right to inspect and/or obtain a copy of any documents in the
possession of the Lewis County Sheriff's Office which specifically relate to his/her
employment. Unless otherwise coordinated through the employer, inspection shall
occur at the LCSO premises during usual business hours, and with prior notice. With
regards to these documents, the employer will not maintain any secret files.
Notwithstanding the foregoing clause, an employee may not inspect or copy any such
document contained in an individual's Background Investigation File, and/or being used
in an ongoing internal and/or criminal investigation, nor any document subject to
attorney-client and/or attorney work product privilege.
6.7.2 In the event that the Sheriff's Office receives a request for a document or
documents relating to a specific employee, and if the Office's legal counsel believes that
the employee stands a reasonable prospect of obtaining an injunction to prohibit the
release of the document(s), then the Office shall give that employee 14 days' notice
before releasing the document(s)to the requesting party so that the employee may have
the opportunity to retain legal counsel and to seek an injunction prohibiting the release
of the document(s). The notice shall identify the name of the requesting party and
describe the document(s) with particularity. In the alternative, a copy of the request
may be provided to the employee with the notice.
6.7.3 A timed letter of reprimand in an employee's personnel file shall be removed
after the date on which the letter states that it becomes stale (times out). However,
timed letters may be retained elsewhere within the Sheriffs Office, for potential use in
relation to future personnel decisions (other than disciplinary actions) pertaining to the
employee.
6.8. Civil Service Conflict
6.8.1. With respect to questions of hiring, retention, promotion, and non-timed letters
of warning, notwithstanding any provisions of this Agreement to the contrary, in the
event of conflict between the provisions of this Agreement and the jurisdiction and
rules of the Lewis County Civil Service Commission, the rules and jurisdiction of such
Civil Service Commission shall prevail.
6.8.2. In matters involving suspension, demotion or termination,the employee or the
Guild may elect to process any dispute or question through either the Lewis County
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Lewis County Corrections Guild Collective Bargaining Agreement
Civil Service Commission or through the grievance process outlined in Section 10 of this
agreement.
6.8.3. Election of Remedies: When an employee or the Guild submits a dispute to
the grievance procedure for resolution or to 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.
6.9. Special Assignments
6.9.1. All appointments to a special assignment shall be open for employee requests
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.
6.10. Civil Liability
6.10.1. Where an employee has acted in good faith 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 by County resolution, make a written request
for indemnity and defense.
6.10.2. 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.
6.10.3. As used in this Section 6.10., the term employee includes a former employee
of Lewis County.
7. DISCIPLINARY INVESTIGATIONS
7.1. Citizen Complaints
7.1 .1. Citizen complaints appearing to involve criminal misconduct may be
forwarded to the appropriate investigating authority.
7.1 .2. A non-criminal citizen complaint will not be accepted until the complaint is
reduced to writing and signed or acknowledged by the complainant.
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Lewis County Corrections Guild Collective Bargaining Agreement
7.2. Supervisory or In-House Complaints
7.2.1. 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.
7.3. Interviews & Hearings
7.3.1. In cases of serious violations, i.e. 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 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 "Type I or Type II". If notice of a Type I complaint is
given, the range of discipline may be any of the disciplinary actions (i.e.
documented warning through discharge). For a Type II complaint,
discipline will not be greater than a written reprimand. 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. The outcome
of the Type I/Type II investigations shall be a finding that is categorized as
either "sustained," not sustained" or "unfounded."
b) At a reasonable time (at least forty-eight (48) 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.
c) The requirements of above 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.
d) If the 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. This section shall not require the creation of a
document that does not already exist.
e) 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
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Lewis County Corrections Guild Collective Bargaining Agreement
Guild representative may not obstruct or hinder the interview, but he/she can
clarify points, ask 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 beyond forty-eight (48) hours. 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.
f) To the extent reasonably practical, all interviews under this section shall take
place at the Sheriff's Office facilities.
g) The Employer may schedule the interview outside of the employee's regular
working hours; however, in that event the appropriate payment shall be made
to the employee.
h) The employee shall be required to answer any question concerning a non-
criminal investigation and shall be afforded all rights and evidentiary privileges
to which the employee is entitled under State or Federal laws. The Employer
will give the appropriate Garrity Warnings as required.
i) The employee shall not be subject to abusive or offensive language or to
coercion, nor should interviewer(s) make promises or reward or threats of harm
as inducements to answer questions.
j) During an interview, the employee shall be entitled to such reasonable
intermissions as the employee may request for personal necessities.
k) 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.
I) If the Employer records the interview, a copy of the recording will be made
available upon employee or Guild request.
m) Interviews and investigations shall be concluded without unreasonable delay.
n) 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.
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County Corrections Guild Collective Bargaining Agreement
7.3.2. A pre-disciplinary hearing shall be held by the Employer in cases in which the
complaint is believed to be valid and sanctions are anticipated. Such hearing shall be
scheduled within fourteen (14) calendar days of the supervisor's completed
investigation. Should additional investigation be required before a hearing can be set,
the involved employee(s) shall be notified in writing of the delay and the expected
completion date. The employee shall receive written notification at least seventy-two
(72) hours prior to the pre-disciplinary hearing. The Employer and Employee may
mutually agree to waive the seventy-two (72) hour notification requirement. The written
notification shall provide the following information:
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.
7.3.3. A copy of the complete investigation will be provided to the employee or Guild
upon written request.
7.3.4. 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.
7.3.5. The employee may, if the employee wishes, waive participation in 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.
7.3.6. When a resolution of any complaint has been reached, the affected employee
will be notified in writing of the outcome within fourteen (14) calendar days of the
aforementioned pre- disciplinary hearing (not including the hearing date and County
holidays), unless an economic sanction or termination is recommended, in which case
the recommendation will be made in writing within fourteen (14) calendar days. A
Loudermill hearing will be provided and a final determination will be made within fourteen
(14) calendar days of the issuance of the recommendation, not including the date of
issuance. In cases where serious sanctions have been administered, a copy of the
discipline folder will be provided, upon employee request, to the employee after final
disposition. In cases where a timed letter has been placed into an employee's file, such
letter shall be automatically removed from the file upon the expiration of the duration of
the notice.
7.3.7. 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
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Lewis County Corrections Guild Collective Bargaining Agreement
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.
7.3.8 The parties recognize that training is critical in preventing and responding to
use of force situations. The agency recognizes its obligation to provide ongoing training
in this area. In addition, the agency will have comprehensive and up-to-date policies
and procedures in place to consistently deal with and investigate all use of force
situations. No statement will be required from the affected employee within twenty-four
(24) hours of a use of force incident. However, the employee may be required to provide
a timely public safety statement (as that term commonly is understood in the law
enforcement community) with respect to the incident.
7.3.9 As used in this Agreement, the term "Brady Designation" means a designation
of a law enforcement officer by a federal, state, or local prosecutor in the manner
required by the decision of the United States Supreme Court in the case of Brady v.
Maryland, 373 U.S.83 (1963) and related and/or analogous federal and state case law.
As used in this section, the term 'adverse action' includes, but is not limited to
disciplinary action, denial of a promotion,work assignments, and other personnel action.
Any other provision of this Agreement to the contrary notwithstanding, the employer
may take adverse action against any employee subject to a "Brady Designation";
however, such action shall be based solely upon the employee's act of alleged
misconduct which resulted in such designation, and such action shall not be based upon
the "Brady Designation" alone. Documents reflecting the employee's "Brady
Designation" are subject to disclosure in response to a properly worded request
pursuant to the Public Records Act.
8. COMPENSABLE HOURS
8.1. Hours of Work
8.1.1. The normal work week shall consist of five (5) eight (8) hour days with two (2)
consecutive days off, or, in the alternative, four (4) ten (10) hour days with three (3)
consecutive days off, or in the alternative, a work schedule consisting of a twenty-eight
(28) calendar day work period, comprised of three (3) or four (4) twelve (12) hour days
with four(4)or three (3) consecutive days off, depending upon the base schedule. The
requirement of consecutive days off may not apply during normal shift rotation or when
the Employer directs overtime service during that period. Notwithstanding the
foregoing, an alternate shift schedule may be made by mutual agreement of the Guild
and the Employer.
8.1.2. If an employee is placed on a twenty-eight (28) day cycle, one additional day
off will be given to each employee and each employee shall be required to participate,
as a condition of the receipt of such day off, in one (1) four(4) hour training block each
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Lewis County Corrections Guild Collective Bargaining Agreement
twenty-eight (28) day cycle. Such training shall be contiguous with the employee's
regularly scheduled workdays unless the training is a make-up of a mandatory training
session. Provided, however, employees shall be guaranteed a minimum of eight (8)
hours off between a regular shift and training block.
8.1.3. Absent mutual agreement between the Employer and the majority of the
affected employees, each employee shall be scheduled a minimum of twelve (12) hours
off during a shift rotation.
8.1 .4. Changes in the annual shift schedule i.e. 5-8's, 4-10's or 12 hour shifts, shall
be made only after three (3) months written notice is provided to the Guild by the
Employer. Changes in shift assignments for individuals shall be handled as set forth in
Subsection 8.1.6.
8.1.5. If an alternate work schedule is put in effect, it shall apply to all members of
the bargaining unit, excluding those in a non-routine custody function. If the Employer
elects to change the schedule, all involved will return to the regular work schedule as
described in Subsection 8.1.1.
8.1.6. Shift Adjustments: An employee shall be provided with forty-eight (48) hours
notification prior to adjusting the employee's scheduled shift. 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.
8.1.7. An employee who is required to work more than 16 hours in a 24-hour period
shall, after the 16th hour, receive an eight (8) hour uninterrupted rest period. If the
rest period extends into the employee's next shift, the employee's shift can be adjusted
to accommodate the rest period and the employee's leave bank will not be debited. If,
due to operational necessity, an employee is required to work during the rest period,
compensation will be at the rate of one-and-one-half times the regular rate of pay for
hours worked. An employee who can reasonably anticipate working 16 or more hours
shall notify their supervisor of total hours worked before working the 14th hour or this
subsection does not apply. If an employee schedules work beyond their regularly
scheduled work day that exceeds 16 hours, this subsection does not apply.
8.2. Overtime
8.2.1. Any work performed in excess of forty (40) hours per week or eight (8) or ten
(10) hours per day, depending on the employee's assigned shift, shall be paid at the
rate of time and one-half the regular rate of pay, or paid in the form of compensatory
time off in accordance with the compensatory time provisions of Section 8.5. All
overtime shall be authorized by the employee's supervisor and approved by the Sheriffs
designee.
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8.2.2. In the event employees are working on the alternate twelve (12) hour work
schedule, overtime will be computed based upon any work performed in excess of one
hundred sixty (160) hours per twenty-eight (28) calendar day work cycle.
8.2.3. In the event of a staffing absence, which causes a staffing level below the
applicable minimum, the Employer shall offer the work opportunity to an employee from
the same classification on the basis of seniority, which caused the drop below staffing
minimum. Should a same classification employee not be available, the Employer may
fill the vacancy with qualified personnel on the basis of seniority within established policy
guidelines.
8.3. Shift Differential
8.3.1. A shift differential of fifty cents (.500¢) per hour shall be paid to those
employees who work a shift other than day shift without rotating. 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, and/or (d) an employee whose shift assignment is
determined by the shift bidding process.
8.4. Working Out of Classification
8.4.1. An employee assigned to work out of classification, in a higher paid
classification, for at least one (1) hour shall be compensated hour for hour for all time
assigned in the higher classification at a rate equal to the lowest rate of pay for the
higher classification.
8.4.2. 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.
8.5. Compensatory Time
8.5.1. 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:
8.5.2. An employee shall not be allowed to accumulate more than sixty (60) hours
of compensatory time. Compensatory time is cumulative from year to year to the
aforementioned maximum.
8.5.3. 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
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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.
8.5.4. Compensatory time off may be utilized in one (1) hour increments.
8.5.5. The Employer shall make available a monthly balance of each employee's
accrued compensatory time.
8.5.6. Scheduling of the taking of compensatory time off is to be by approval of the
Jail Administrator, or designee of the Jail Administrator. 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.
8.5.7. The Employer shall take no retaliatory or unfair discriminatory action against
any employee by reason of the employee's choice of compensatory time off.
8.5.8. An employee who retires, is terminated, laid off, or in case of death, the
employee's designated beneficiary or estate, shall be paid by the Employer on the
ensuing payday for any unused accrued compensatory time at the employee's regular
rate of pay.
8.6. Call Back Time
8.6.1. There will be a guarantee of three (3) hours pay at the applicable overtime
rate from time of scheduled arrival at work, including for scheduled meetings. Any time
over such guarantee will be paid for the actual time worked at the applicable hourly rate
of pay.
8.7. Court Time
8.7.1. If an employee is subpoenaed or caused by notice to appear in court reason
of any official duty, all mandated court appearance time shall be compensated by the
Employer at the employee's applicable rate of pay. 8.7.2. 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.
8.7.3. 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
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Lewis County Corrections Guild Collective Bargaining Agreement
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.
8.7.4. 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. As a condition to the right to receive
compensation under this Article, an employee must have contacted the Sheriff's trial
scheduling personnel between 1600 and 1700 hours on the last courthouse day prior to
the trial day, in order to determine whether the employee's presence at trial is needed.
8.8. Rest & Lunch Breaks
8.8.1. 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.
8.8.2. An employee shall be entitled to a thirty (30) minute paid lunch break during
the approximate midpoint of their shift, except in the case the alternate 12-hour schedule
is in effect then employees shall be permitted, during the course of their shift, two (2)
thirty (30) minute lunch breaks, all such breaks to be taken as time permits.
8.9. Specialty Assignments and Interpreters
8.9.1. Instructors, Field Training Officers, and OIC's holding Specialty Assignments.
8.9.2. Designation. The tasking of an employee to a Special Assignment as a Field
Training Officer, Instructor, Interpreter, or Officer-in-Charge shall at all times be an
exclusive management prerogative. In no circumstances shall an employee enjoy any
property right in such a tasking. Management may revoke any such tasking at any time,
for any lawful reason. As used herein the term "lawful reason" means a reason other
than the employee's race, creed, color, national origin, parental status, sex, marital
status, sexual orientation, age, honorably discharged veteran or military status, or the
presence of any sensory, mental, or physical disability.
8.9.3. Officers in Charge (OIC). An OIC is a Corrections Deputy assigned to serve
as a lead Corrections Deputy. The principal duties are:
a) To provide mentoring, on a routine basis and as required, to other Corrections
Deputies to be a ("go to" person), and;
b) To supervise Corrections Deputies when no Sergeant or Acting Sergeant is
immediately available within the Jail to provide such supervision.
8.9.4. Compensation for OIC. An employee appointed by personnel order as an
OIC shall receive an additional $90.00 per month while so assigned.
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Lewis County Corrections Guild Collective Bargaining Agreement
8.9.5. FTO Instructor: An employee designated as a Field Training Officer LCSO
personnel order shall receive an additional $2.00 per hour added to his/her regular
salary, while so engaged.
8.9.6. An employee assigned by Personnel Order as a Firearms or Defensive
Tactics Instructor, or the Compliance Officer, shall receive an additional $80 per month
while so assigned. Also, if an employee is assigned by Personnel Order as the agency
Firearms Program Coordinator, they shall receive an additional $110 per month, instead
of the Firearms Instructor pay.
8.9.7. Simultaneous Specialty Incentives: An employee may hold multiple Specialty
Assignments simultaneously. For instance, a Firearms Instructor may also be
appointed as an FTO. However, no employee shall be compensated for more than one
Specialty Assignment at a time. When holding multiple Specialty Assignments, an
employee shall receive the highest applicable rate of compensation for each hour
worked. Notwithstanding, employees assigned as an OIC may be compensated for one
additional Specialty Assignment while so assigned.
8.9.8. Interpreters: An employee who has been assigned by the Employer to provide
conversational language services shall receive an extra 1c/0 of base pay while assigned
to such duties. Additionally:
a) An employee's ability to speak an approved language conversationally shall be
determined by completion or 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 qualifications.
b) Should an employee fail the test for initial qualifications 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 (1.0%) bilingual pay by
successfully passing the test once every three (3) years. The County will pay
the cost of testing for one (1) attempt at re-qualification. Subsequent re-
qualifications attempts will be at the expense of the employee.
9. EMPLOYEE BENEFITS
9.1. Benefit Eligibility
9.1 .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 100% of all benefits set forth in this
agreement; employees with less than eighty (80) compensable hours per month shall
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Lewis County Corrections Guild Collective Bargaining Agreement
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.
9.2. Holidays
9.2.1. 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
Personal Day (1) See 9.2.2. Paragraph 1
Gubernatorial Holiday See 9.2.2. Paragraph 2
9.2.2. The personal day shall be an annual compensatory day off. After eight (8)
months of employment, an employee shall inform the Employer, fourteen (14) calendar
days prior, of desire to take the personal day. An employee shall schedule the personal
day no later than September 30 of the calendar year. If not so scheduled, the Employer
may schedule.
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.
9.2.3. If an employee is on a regular scheduled day off on a holiday, he/she shall
receive eight (8) hours of straight time pay in addition to his/her regular salary, or upon
the employee's request, compensatory time may be requested in lieu of straight time
pay. The Employer maintains discretion to approve the request for compensatory time
in lieu of straight time pay.
9.2.4. An employee who works on a holiday, which is his/her regular scheduled
workday, shall receive time and one-half(time * 1.5) for all hours worked that day, or in
alternative, the employee may elect to receive compensatory time in addition to his/her
regular salary. The holiday is midnight to midnight and the employee shall receive the
additional remuneration set forth in this section only for actual hours worked during the
holiday.
9.2.5. The Sheriff may, at his/her discretion, direct that a particular employee(s)take
the holiday off. An employee given the holiday off shall receive his/her regular salary
only.
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Lewis County Corrections Guild Collective Bargaining Agreement
9.2.6. An employee, scheduled to work on a holiday, who takes sick leave for any
portion of the work day falling on the holiday, shall receive straight time pay on an hour
for hour basis to a maximum of eight (8) hours, plus his/her regular salary. Such
employee shall then have the applicable hours debited from his/her sick leave accrual.
9.2.7. An employee whose regular scheduled day off falls on a holiday and who is
called to work, shall receive eight (8) hours of straight time pay in addition to his/her
regular salary plus time and one-half (1 1/2) for all hours worked during the holiday.
9.2.8. If an employee works on a holiday in excess of his regularly scheduled shift,
he shall receive double time for such excess hours.
9.2.9. For the purpose of computation of pay, an employee working shift work shall
be compensated for the actual calendar holiday as opposed to the courthouse
recognized holiday.
9.3. Vacation
9.3.1 . All regular full-time employees 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. Actual accrual shall be made on
a monthly basis.
Months of County Service Accrual Rate Hours Accrual Rate Hours
Per Month — Per Year
1 - 12 8.00 96
13 – 24 9.00 108
25 – 36 9.50 114
37 - 48 _ 9.50 114
49 – 60 10.00 120
61 – 72 10.00 120
73 – 84 11.50 138
85 - 96 11.50 138
97 – 108 12.00 144
109 – 120 13.00 156
121 – 132 14.00 168
133 – 144 14.00 168
145 – 156 _ 14.50 174
157 – 168 14.50 174
169 – 180 15.00 180
181 – 240 16.00 192
241-299 17.00 204
300-359 18.00 216
360+ 19.00 228
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Lewis County Corrections Guild Collective Bargaining Agreement
9.3.2. Vacation shall be utilized and charged in units of one (1) hour.
9.3.3. An employee on vacation who is required to attend court pursuant to Section
8.7., Court Time, or is called back to duty pursuant to Section 8.6, Call Back Time, shall
receive pay in accordance with that Section. Additionally, the employee shall not be
charged a vacation day. 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 Subsection.
9.3.4. An employee desiring to schedule vacation for the ensuing calendar year shall
provide a written vacation request to the Department 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. Conflicts of
requested time shall be resolved on the basis of seniority preference within rank.
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 the 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. Not more than one (1)
sergeant shall be permitted to be on vacation at the same time. Not more than two (2)
corrections deputies shall be permitted to be on vacation at the same time. Exceptions
to these ceilings may be granted at the sole discretion of the Corrections Chief.
9.3.5. 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 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 his designee.
9.3.6. 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.
a) An employee who separates from employment shall be paid by the Employer
on the ensuing payday for any unused accrued annual leave, but in any event
not to exceed a maximum of two hundred forty (240) hours. In the case of
death, the payment shall be made to the employer's designated beneficiary or
estate. Payout will be at the employee's regular rate of pay. If an employee is
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Lewis County Corrections Guild Collective Bargaining Agreement
discharged or separates within the first six (6) months of employment, no
accrued annual leave shall be payable.
9.3.7. In the event a scheduled vacation is canceled pursuant to the provisions of
Subsection 9.3.4., 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 Employer, 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.
9.3.8. 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.
9.3.9. If an employee's vacation is interrupted by self or family illness as defined in
Section 9.6., upon returning from vacation an employee may apply to the Jail
Administrator for consideration of changing a portion of such vacation time to sick leave
in lieu of vacation time. Actual hours of use of sick leave must fully comply with all
requirements of Section 9.6. In addition, the employee shall be required to document
such illness by producing a letter from a medical doctor verifying the illness or necessity
of attendance. This provision is intended to impose a duty for all hours, not just those
in excess of three (3) work days as set forth in Subsection 9.6.3.
9.4. Health and Welfare Insurance
9.4.1 . Guild will make all reasonable efforts to encourage member participation in the
WCIF Wellness Program.
9.4.2. The Employer will contribute toward premium expenses for the Washington
Counties Insurance Fund (WCIF) 500 health care plan, as well as County-offered
dental, vision, and life insurance plans on a cost share basis of ninety-five percent(95%)
Employer and five percent (5%) employee. Employee cost share will be paid via payroll
deduction.
9.4.3. Washington State Paid Family and Medical Leave ("WSPFML"). The
Employer agrees to pay one hundred percent (100%) of the employee's share of the
WSPFML premiums. This provision will sunset automatically at the end of the 2020-
2022 term of this contract and any subsequent provision will have to be negotiated. This
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Lewis County Corrections Guild Collective Bargaining Agreement
provision shall not be implemented retroactively; it will take effect upon contract
ratification. Following ratification, the employer shall be allowed a reasonable period of
time to ensure that the additional remuneration set forth within this section is realized
by the employees.
9.5. Bereavement Leave
9.5.1. Up to three (3) days shall be granted without any sick leave debit in the case
of a death of the employee's spouse, child, parent, spouse's parents, grandparents,
sibling or spouse's sibling. Up to three (3) days shall be granted without any sick leave
debit in the case of a death of any other person who is a non-pecuniary resident of the
employee's household.
9.5.2. An employee shall be allowed to utilize up to three (3) days of accrued sick
leave for bereavement in the case of death of a member of the employee's "immediate
family." "Immediate Family" shall include only persons related by blood, marriage, or
legal adoption in the degree of consanguinity of grandparent, parent, spouse, brother,
sister, child, grandchild, father-in-law, mother-in-law, brothers-in-law or sisters-in-law,
as well as any other person who is a non-pecuniary resident of the employee's
household.
9.5.3. Employees who are permitted to attend the funeral or memorial service of a
fellow Sheriff's Office employee shall be allowed to take four (4) hours sick leave when
such services are held during working hours.
9.6. Sick Leave
9.6.1. 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.
When an employee has accrued leave in excess of one thousand, three hundred twenty
(1320) hours at the end of the calendar year, the employee's accrued sick leave shall
revert to one thousand, three hundred twenty (1320) hours as of the first (1St) day of
January of each calendar year. Part-time employees who are employed on a regular
basis or on a regular schedule shall be 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.
9.6.2. An employee may take leave for illness, requiring the employee's attendance,
in their immediate family. "Immediate family" is defined as a 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
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Lewis County Corrections Guild Collective Bargaining Agreement
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 person who is a non-
pecuniary resident of 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.
9.6.3. 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 calendar
month.
9.6.4. An employee who takes more than three (3) workdays of 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. With repeated absences or use of sick leave, the employer can request
medical evaluation of the employee at the Employer's cost.
9.6.5. 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. In the event that an employee 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.
9.6.6. Employees shall be entitled to family medical leave under the provisions of
the Washington State Family Care Act, and the Family Medical Leave Act, as amended
by Act of Congress from time to time, and Washington State Paid Family and Medical
Leave.
9.6.7. Temporary Modified Duty: During periods when an employee is off for non-
duty leave due to illness or injury, temporary modified duty assignments may be made
by the Employer in its sole discretion, under the following conditions:
a) The temporary modified duty assignment is appropriate given the illness or
injury of the employee. Any medical expenses shall be the responsibility of
the employee.
b) The temporary modified work schedule is approved by the treating physician.
c) The schedule shall allow for rehabilitation by the employee using appropriate
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Lewis County Corrections Guild Collective Bargaining Agreement
leave during the workday, if necessary.
d) Temporary modified Duty Assignments may be granted for a period not to
exceed 90 days.
9.7. Longevity
9.7.1. For each year of continuous service, beginning with the seventy-third (73rd)
month, with this Employer as measured by the employee's seniority date, the employee
shall receive longevity pay as described below:
After six years $ 36.00 per month
After seven years $ 42.00 per month
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.
9.7.2 Beginning January 1, 2021, for each year of continuous service, beginning
with the sixty-first (61St) month, with this Employer as measured by the employee's,
seniority date, the employee shall receive longevity pay as described below:
After five years $ 30.00 per month
After six years $ 40.00 per month
After seven years $ 50.00 per month
After eight years $ 60.00 per month
After nine years $ 80.00 per month
After ten years $ 100.00 per month
and an additional $6.00 per month for each year after ten.
9.8. Uniform and Equipment Allowance
9.8.1. 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. 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
directly 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.
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Lewis County Corrections Guild Collective Bargaining Agreement
9.8.2. 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.
9.8.3. 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.
9.8.4. 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.
9.8.5. In cases where the Bureau Chief has denied a request to purchase, a request
to place an 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 Corrections Sergeant picked by the existing sergeants, a Corrections Deputy picked
by the Bureau Chief, a Corrections Deputy picked by the Bargaining Unit, and a
bargaining unit representative. 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.
9.8.6. Donning and Doffing. The employer will not compensate employees for time
spent putting on or taking off protective clothing or gear.
9.9. Educational Incentive
9.9.1 . As an educational incentive, each employee who holds an associate degree
shall be entitled to an additional three percent (3.00%) of his/her base salary each
calendar month, each employee who holds a bachelor's degree shall be entitled to an
additional five percent (5.00%) of his/her base salary each calendar month, and each
employee who holds a Master's degree shall be entitled to an additional six percent
(6.00%) of his/her base salary each calendar month.
Degrees must be issued by an institution accredited by a regional accrediting agency
(e.g., Northwestern Association of Schools and Colleges, or the Western Association of
Schools and Colleges).
9.10. Educational Reimbursement
9.10.1. The Employer is desirous of having employees participate in courses and
training opportunities to enhance their skills and enable them to advance to other
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Lewis County Corrections Guild Collective Bargaining Agreement
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.
9.10.2. 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.
9.10.3. An employee requesting tuition reimbursement must submit a written
application showing:
a) The course curriculum description;
b) dates and times of classes;
c) duration of the course;
d) narrative statement of how the course will benefit the Employer as well as the
employee.
9.10.4. 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;
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.
9.10.5. 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.
9.10.6. 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.
9.11. Death Benefit
9.11.1. Upon the death of any employee, the Employer shall pay to the employee's
designated beneficiary or, if none, as described in the Beneficiary Designation form
provided by the Lewis County Auditor, an amount equal to one (1) month's pay at the
individual employee's regular rate of pay, provided, however, such amount shall be no
less than three thousand dollars ($3000.00). Such payment shall be made on a
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Lewis County Corrections Guild Collective Bargaining Agreement
separate check and shall not be considered wages for time worked.
10. GRIEVANCE PROCEDURE
10.1. Purpose
10.1.1. 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
outlined in Section 6.8 of this agreement.
10.1.2. 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.
10.2. Processing Steps
10.2.1. 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.
10.2.2. 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.
10.2.3. 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.
10.3. Arbitration
10.3.1. 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 Public Employment Relations
Commission.
10.3.2. 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
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Lewis County Corrections Guild Collective Bargaining Agreement
from or alter, change, or modify the terms of this Agreement, and his 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, 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 attorneys'
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.
10.3.3. 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.
11. EMPLOYEE COMPENSATION
11.1. Salaries
11.1.1. The Salary Schedule shall be attached to this Agreement as an Appendix.
11.2. Computation of Hourly Rates of Pay
11 .2.1. 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 total by two thousand eighty (2080) hours. For application under this
agreement the monthly base salary shall include education, shift differential, longevity,
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Lewis County Corrections Guild Collective Bargaining Agreement
and specialty incentives earned each pay period. Other forms of compensation such
as call time, court time, working out of classification and uniform and equipment
allowance are not included in the calculation of monthly base salary.
11.3. Step Advancement Qualifiers
11 .3.1 . Upon twelve (12) months consecutive service with the Employer in a
designated classification, a Step I employee shall be placed on Step II.
11.3.2. Upon thirty-six (36) months consecutive service with the Employer in a
designated classification, a Step II employee shall be on Step III.
11.3.3. Upon sixty (60) months consecutive service with the Employer in a
designated classification, where applicable, a Step III employee shall be placed on Step
IV.
11.3.4. The Employer has the sole discretion to start new hires at any step of the
salary schedule, depending on the employee's experience and job qualifications.
11 .3.5. Effective January 1 , 2021 the Step Advancement Qualifiers are as
follows:
11 .3.5.1 . Upon twelve (12) months consecutive service with the
Employer in a designated classification, a Step I employee shall be placed
on Step II.
11 .3.5.2. Upon twenty-four (24) months consecutive service with the
Employer in a designated classification, a Step II employee shall be on
Step III.
11 .3.5.3. Upon thirty-six (36) months consecutive service with the
Employer in a designated classification, a Step III employee shall be on
Step IV.
11 .3.5.4. Upon forty-eight (48) months consecutive service with the
Employer in a designated classification, a Step IV employee shall be on
Step V.
11 .3.5.5. Upon sixty (60) months consecutive service with the
Employer in a designated classification, a step V employee shall be on
Step VI.
Classification Step I Step II - Step III Step IV Step V Step VI
0-12 m 13-24 m 25-36 m 37-48 m 49-60 m 61+
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Lewis County Corrections Guild Collective Bargaining Agreement
11.4. Payday
11.4.1. The payday for all work performed between the first (1St) and the fifteenth
(15th) of the calendar month shall be the paid on the twenty-fifth (25th) day of the month,
and compensation for all work performed between the sixteenth (16th) of the month to
the end of the month, shall be paid on the tenth (10th)of the following month. If the tenth
(10th) or the twenty-fifth (25th) falls on a non-work day, i.e. Saturday, Sunday or
Courthouse holiday, the payday shall be the first workday preceding the tenth (10th) or
the twenty-fifth (25th). Earned overtime shall be subject to payment at the pay date
following the month in which such overtime was earned.
11.4.2. 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 pay period in which
such overtime was earned.
12. SENIORITY
12.1. Seniority Standing
12.1.1. Each employee shall have seniority standing equal to such employee's
continuous length of service with this employer in the entry level Civil Service
classification of Corrections Deputy.
12.1.2. 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 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.
12.2. Layoff
12.2.1. In the event of a layoff of regular employees, such employees shall be laid off
in reverse order of seniority. Employees laid off shall be recalled to their bureau in
reverse order of their layoff, i.e., last laid off, first to be recalled.
12.2.2. The Corrections Bureau shall include the following classifications:
Custody Staff: Corrections Lieutenant, Corrections Sergeant, Corrections Deputy
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Lewis County Corrections Guild Collective Bargaining Agreement
12.2.3. The Custody Staff classification listed above are reflective of the Civil Service
classifications in existence at the time this Agreement was adopted and are not intended
to preclude newly created Civil Service classifications which may be covered by the
terms and conditions of this Agreement. In the event of layoff, employees working
special duty assignments, i.e., Office Staff, Transport Officer, etc., shall utilize their
seniority date established as a Corrections Deputy.
12.2.4. 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.
12.3. Shift Bidding
12.3.1. Shift Assignments: When rotating shifts are set by the Employer, the
Employer will make a good faith effort to respect the seniority of corrections 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.
When non-rotating shifts are set by the Employer, employees shall bid for preferred
shifts by seniority based upon date and rank within the Corrections Bureau. Shift
bidding shall be conducted separately within each job classification. "Non-rotating" shall
mean a period of time of annual or greater rotation.
13. NON-BARGAINING UNIT PERSONNEL
13.1. Limitations
13.1.1. Any overtime opportunity that arises due to the unavailability of bargaining
unit members (whether due to sickness, vacation, training, or other cause) shall be
offered to other bargaining unit members, except in cases of unforeseen emergency.
For the purpose of this provision:
a) "Offered" means the application of the procedure for filling overtime shifts (see
Appendix E — Filling Overtime Shifts).
b) "Unforeseen emergency" means;
1. A situation of riot, war, or natural disaster; or
2. A situation in which an open shift exists in which there is an imminent
staffing shortage and in which the County does not have a reasonable
opportunity to offer the work to a member of this bargaining unit.
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Lewis County Corrections Guild Collective Bargaining Agreement
14. SEVERABILITY
14.1. Repealer in Conflict with Law
14.1.1. 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.
15. REORGANIZAION TO DEPARTMENT STATUS
15.1.1. It is understood between the parties signatory to this Agreement that in the
event that a Department of Corrections is developed and put into place as a County
agency through the actions of the Board of County Commissioners during the term of
this Agreement, this Agreement will prevail in its entirety. The Guild and Employer
further agree that the Agreement may be opened at the request of either party to
accommodate those "housekeeping" items that reflect the changes necessitated by the
Department status.
16. DURATION OF AGREEMENT
16.1.1 This Agreement shall be effective as of January 1, 2020, and shall remain
in full force and effect to and through December 31, 2022.
Signed thisa�"- day of , 2021.
Lewis County Corrections Guild Board of County Commissioners, Lewis
Chad A. Fog Foglerfg, President G Sta
David W. Rod ey, Vice-President Lin•sey 'ollock, Vice Chair
\ Al AI
o; SINCE ;cd Se:n Swop-, Co'missio -r
,z•
Attest: ,u,i�
1845 •
•�" LEWIS COUNTY SHERIFF'S OFFICE
'.� S�o.' • Lewis County . in• •
•;.;y co co•• j
• ;TON'S ••
Rieva Lester, Clerk of the Board Robe R. Sna , riff
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Lewis County Corrections Guild Collective Bargaining Agreement
17. APPENDIX A— SENIORITY DATES
17.1. Seniority Dates: This appendix is intended to set forth and accurately reflect
the employee's respective date of hire 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.
CORRECTIONS BUREAU SENIORITY DATES
(Including Director Williams& Deputy Internal Transfers)
Revised February 19, 2021
EMPLOYEE DATE OF HIRE DATE OF RANK
CAPTAIN
Christopher D. Tawes 11/08/00 02/10/12 Lieutenant
04/18/06 Sergeant
10/17/16 Captain
LIEUTENANT
Joyce E. McCoy 07/21/85 08/10/98 Sergeant
02/01/17 Lieutenant
SERGEANTS
Ronald D. Anderson 04/15/97 07/17/05
Amber L. Wilson 05/03/04 09/15/14 _
Ricky K. Claxton, Jr. _ 03/19/01 02/02/15
Curtis L. Lamping 05/27/08 06/13/16 Sergeant
Andrea C. Lowe 02/06/12 06/17/16 Sergeant
Ona J. Felker 06/14/04 02/01/17 Sergeant
CORRECTIONS DEPUTIES
Sean P. Heppe 11/14/94
Timmy E. Giese 01/13/97
Gary R. Allen 04/23/97
David W. Rodkey 03/26/02
Tifanie B. Reynolds 06/03/02
Lise K. Strahle 10/23/02
Vernon Z. West, Jr. 02/09/04
Juan F. Garcia 11/30/05
Charlotte R. Garcia 12/01/05
Jeremy L. Engel 12/04/06
William L. Wood 07/16/07
Kevin L. Schultz 08/13/07
David L. Harper 05/28/08
Knut I. H. Larsen 09/19/11
RJ Wheeler 02/12/13
Chad A. Foglesong 12/02/13
Jeffrey F. Martin 05/13/14
Kelly M. Palacios 06/23/14
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Lewis County Corrections Guild Collective Bargaining Agreement
Tiffany R. Tornow 12/16/15
Kelsey M. Williams 05/16/16
Preston M. McGlamery 06/27/16
Jesse E. Anderson 07/05/16
Rickey R. Gould 11/15/16
David D. J. Albright 12/19/16
Andrew R. Corey 05/01/17
Joe W. Ronsley 06/01/17
Kiara M. Husser 06/05/17
Bradley S. Garnas 07/05/17
Eric C. West 09/11/17
Blaine M. Copenhefer 10/01/19
Matthew J. Morton 01/16/20
Kelton F. Wheeldon 06/01/20
Daniel S. Cox 08/16/20
Michael D. Anderson 09/01/20
Aaron J. Parypa 12/01/20
Aaron S. Bo le
Isabelle M. Williams 01/01/85 01/01/95 Director Property Mngt
03/01/89 Sergeant
Emmet K. Woods 10/01/15 11/06/16 Operations Deputy
Jared M. Kasinger 01/06/14 06/19/17 Operations Deputy
Andrew J. Yocom 03/01/18 03/16/20 Operations Deputy
Joshua R. Brunstad 08/01/18 03/16/20 Operations Deputy
Sean P. McGrath 03/05/18 09/01/20 Operations Deputy
17.2. Those employees having the same seniority date are listed in order as
determined by his/her placement on the Civil Service Hiring List.
17.3. Step Increases: 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 current
month, and those employees hired the 16th through the last day of the month shall be
recognized on the 16th of the current month.
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Lewis County Corrections Guild Collective Bargaining Agreement
18. APPENDIX B — SALARY SCHEDULE 2020
18.1. 2020 Wages: The Salary Schedule listed below includes two and a half
percent (2.5%) increase over the 2019 wage and becomes effective January 1, 2020.
Classification Step I Step II Step III Step IV
0-12 m 13-36 m 37-60 m 61+ m
Corrections Deputy 3965 4285 4533 4892
19. APPENDIX C — SALARY SCHEDULE 2021
19.1. 2021 Wages: The Salary Schedule listed below becomes effective January 1,
2021 and represents a two and a half percent (2.5%) increase over the 2020 wage and
becomes effective January 1, 2021.
Classification Step I Step II Step III Step IV Step V Step VI
0-12 m 13-24 m 25-36 m 37-48 m 49-60 m 61+ m
Corrections 4064 4254 4444 4634 4824 5015
Deputy
20. APPENDIX D — SALARY SCHEDULE 2022
20.1 2022 Wages: The Salary Schedule listed below becomes effective January 1,
2022 and represents a two percent (2%) increase over the 2021 wage and becomes
effective January 1, 2022.
Classification Step I Step II Step III Step IV Step V Step VI
0-12 m 13-24 m 25-36 m 37-48 m 49-60 m 61+ m
Corrections 4145 4339 4533 4727 4921 5115
Deputy
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Lewis County Corrections Guild Collective Bargaining Agreement
21. APPENDIX E — FILLING OVERTIME SHIFTS
This procedure applies to filling overtime shifts as agreed by the LCSO Corrections
Guild and Employer.
Overtime coverage needed when more than five (5) days' notice is available to
Corrections Deputies:
• Supervisor posts future potential overtime in the "Extra Work Detail Sign Up"
folder. Supervisors shall post overtime by scheduled hours needing coverage.
Unless authorized by the supervisor requiring overtime coverage, deputies will
not change the hours assigned to the scheduled overtime. If authorized by the
supervisor requiring overtime coverage, officers may agree between each other
to "split" the hours and will note split schedules in the name/number area.
Example supervisor post a twelve (12) hour overtime need, deputies do not have
the authority to change the twelve (12) hour shift to two (2) six (6) hour shifts.
• By seniority, a deputy can sign up for one (1) potential overtime shift on each
"Overtime sign up list" by placing name/number on the form. Signing up or
"bumping" shall constitute the one (1) sign up. Additional overtime posted will be
treated as a new overtime sign up and follow the same rules as above.
• The potential overtime will be made available for a period of five (5) days. During
this period, senior deputies who have not signed up for a potential overtime on
the same "overtime sign up list" may bump a junior deputy one time. It shall be
the requirement of the senior deputy to notify the junior deputy in person or by
phone as soon as the "bumping" has occurred to allow the junior deputy to
review any available potential overtime they may be able to sign up for.
Notification shall not be made by email. No bumping will occur following the five
(5) day window.
• Any potential overtime that has not been signed up for on day six (6) shall be
available to all corrections deputies, regardless of seniority, and will be filled on a
first come first serve basis.
• The potential overtime will be considered covered by the deputy who signs up for
the overtime. If the deputy decides that he/she cannot cover the overtime, it shall
be the responsibility of that deputy to obtain coverage by offering the overtime by
seniority. The deputy unable to cover an overtime shift they have signed up for
shall not be entitled to another potential overtime on the same list during the five
(5) day bumping period. After the five (5) day "bumping" period has passed, the
deputy unable to cover the shift they originally signed up for shall enjoy the same
opportunities for any potential overtime still available on the sixth (6) day.
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Lewis County Corrections Guild Collective Bargaining Agreement
• In the case that a deputy not having access to the sign up list(s) due to being off
duty in excess of the five (5) days from the initial posting of the overtime, that
deputy will have the opportunity to select one (1) potential overtime shift by
seniority upon returning to work for the first day only.
Overtime coverage needed when less than five (5) days' notice is available to
deputies:
• Supervisors will cover overtime needs where less than five (5) days' notice is
available to deputies by calling based on seniority. There is no restriction on the
number of days deputies sign up for.
• These dates shall not be posted on the "extra work detail" sheets; instead they
will be posted on the squad schedules.
• The deputy, who is unable to work the overtime they have signed up for, shall
be responsible for finding replacement personnel by seniority. Deputies who
must find replacements for overtime they are not able to cover are not entitled
to replacement overtime hours. The deputy finding replacement and the deputy
replacing shall notify the supervisor of the overtime of the change in coverage.
Emergency overtime needs:
• Emergency overtime shall be considered any overtime needs where less than
two (2) hours of notice would be available to senior deputies available to cover.
Examples would include a deputy calling in sick with less than two (2) hours'
notice, medical transports, any increased staffing needs of the jail (over
population), or in such cases where the only deputies available to cover an
overtime need would be the mirroring squad.
• Supervisors will fill emergency overtime needs as quickly as possible to assure
required coverage is provided to the agency. If supervisors are able to use the
seniority based system, it is preferred but not required.
Lotto day overtime:
Supervisors will offer deputies whose lotto day creates overtime to that deputy first. If
the deputy scheduled for lotto day chooses not to work the overtime, the overtime shall
be posted to the extra work detail if more than five (5) days prior to need, or by call out if
less than five (5) days exist.
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Lewis County Corrections Guild Collective Bargaining Agreement
22. FIREARMS MEMORANDUM OF UNDERSTANDING
The purpose of this Memorandum of Understanding is to expand on Article 6.2 of the
Collective Bargaining Agreement between Lewis County and Lewis County Corrections
Guild. This agreement will allow four(4) Corrections Deputies who are currently required
to be firearms qualified the option of not being qualified. The number of deputies able to
opt-out may be increased after further evaluation of staffing needs.
Opting Out
After a deputy has completed his/her probationary period as described in the current
Collective Bargaining Agreement, including meeting the requirement in Article 6.2, is
unable to qualify during a qualification shoot, the deputy may elect not to be firearms
qualified. Deputies wishing to opt out as a result of failure to qualify, must also submit
their request in writing to Administration. If there are not four deputies already opted out,
the request may be approved immediately. If at the time the deputy submits their request,
there are already four deputies opted out, approval will be dependent upon seniority.
Opting Back In
If a deputy elects to become firearms qualified, the deputy must wait until the next
scheduled shoot to attempt to re-qualify. Deputies wishing to opt back in, must submit
their request in writing to Administration at least two weeks prior to a scheduled
qualification shoot.
Remedial Training
Remedial training is defined in the agency policies.
Remedial training will only be given to deputies who are qualified at the time of the shoot
and fail to qualify.
Any deputy requiring remedial training more than once in a twenty-four(24) month period,
will be considered unqualified and must wait until the next scheduled shoot to attempt re-
qualification.
Seniority
In the event more than four(4)deputies have failed to qualify, the option to not be qualified
will be based on current classification seniority. In this event, the deputy with the least
seniority will be mandated under the current language in Article 6.2 of the Collective
Bargaining Agreement and agency policy to become qualified.
Duties
Deputies on the non-qualified list shall not engage in duties requiring firearms; any out of
facility prisoner transports, or responses to courthouse, etc. These deputies shall not be
allowed to sign up for overtime details requiring armed services.
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Lewis County Corrections Guild Collective Bargaining Agreement
The deputies on the non-qualified list shall return their agency issued firearm and related
gear to the firearms instructor.
Pay Scale
Deputies', who are unable to qualify, salary will be reduced by One Hundred Fifty dollars
($150.00) per month and their seniority shall be eliminated as it applies to vacation
bidding.
Deputies who elect to opt back in, and pass the firearms qualification, will revert back to
the appropriate pay scale step based on their seniority in their current classification.
All changes to the rate of pay and seniority will be effective the 1st of the month following
the approval by administration.
Probationary Employees
Employees who fail to become Arms Qualified during the probationary period will not be
covered by this MOU.
At any time either party may initiate an evaluation of this agreement, if that party
determines there are insufficient qualified personnel available to properly staff the shifts
or if this agreement imposes undue financial or other burdens on a party. The parties will
meet and consult in an effort to correct the problem(s) within thirty (30) days. If unable to
reach an agreed upon solution to the problem(s), the County reserves the right to revert
back to discontinue this agreement. The parties may mutually agree to waive the
consultation, and immediately return to language set forth in Article 6.2 of the Collective
Bargaining Agreement. Upon discontinuation of this agreement, any deputy who has
opted out of firearms qualification will be required to become firearms qualified per the
Collective Bargaining Agreement and agency policy. It is agreed by both parties if the
employee does not become firearms qualified per the CBA, and agency policy, they will
be terminated.
By entering into this MOU, neither party is waiving bargaining rights, either now or in the
future. The parties also hereby agree this MOU will not be accorded any precedential
value whatsoever in any future disputes which may arise between the parties except
disputes seeking to enforce the terms of this MOU.
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Lewis County Corrections Guild Collective Bargaining Agreement
23. 12-HOUR SHIFTS MEMORANDUM OF UNDERSTANDING
Whereas, The Lewis County Corrections Guild and Lewis County Sheriff's Office
(Employer) are party to a collective bargaining agreement; and
Whereas, the parties have agreed in the past that some employees of the bargaining unit
will work twelve (12) hour shifts with overtime compensation based upon a twenty-eight
(28) day work cycle; and
Whereas, for bookkeeping and auditing reasons, the Employer is required to close out its
annual fiscal responsibility on December 31st of each calendar year; and
Whereas, thirteen 28-day pay cycles exist in a calendar year accounting for 364 days
leaving one (1), or two (2) days (in a leap year), that do not fit into a 28-day cycle; and
Whereas, to ensure employee interests are protected and to allow the Employer to close
out the ending calendar year in accordance with accounting requirements, and to facilitate
the commencement of a 28-day pay cycle on January 1 of each new calendar year,
NOW THEREFORE, the parties agree as follows:
1) A new twenty-eight (28) day cycle shall commence on January 1, of each
successive calendar year.
2) One (1) or two (2) days (in a leap year) will not be part of either the last 28-day
cycle of the year or the first 28-day cycle of the following year and will not appear
on either schedule.
3) Employees who work these "non-scheduled" days shall receive a like amount of
"lotto time" off to be requested, scheduled, and taken within ninety (90} days of the
date earned. Scheduling of "lotto time" off is to be by approval of the Jail
Administrator 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.
In such instances, the "lotto time" will be rescheduled by mutual agreement.
Employees who fail to schedule this time off in a timely manner may be subject to
having the time off scheduled by the Employer.
4) Overtime shall be computed for the aforementioned days based upon all hours
worked in excess of twelve (12) hours in a workday.
5) Employees who are off duty on the aforementioned days shall not be debited sick,
vacation, compensatory time or other leave.
6) It is understood that no employee shall suffer a loss of earnings as a result of this
understanding.
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Lewis County Corrections Guild Collective Bargaining Agreement
BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: Feb. 22, 2021
Suggested Wording for Agenda Item: Agenda Type: Deliberation
Resolution to Approve a Collective Bargaining Agreement Between Lewis County and the
Corrections Deputies for Calendar Years 2020-2022
Contact: Daleyn Coleman Phone: x1408
Department: HR - Human Resources
Description:
Resolution to Approve a Collective Bargaining Agreement between Lewis County and the
Corrections Deputies for Calendar Years 2020-2022
Approvals: Publication Requirements:
Publications:
User Status The Chronicle
Chris Panush Pending
PA's Office Approved
Additional Copies: Cover Letter To:
Suzette Smith, Michelle Sauter, Michelle Suzette Smith, Chris Panush, Wes Rethwill,
Sabin, Sandy Lupo, Wes Rethwill, Chris Michelle Sauter, Michelle Sabin
Panush