CBA between Lewis County and the Sheriff's Support Services Guild for calendar years 2020-22 BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 20-019
RESOLUTION TO APPROVE A COLLECTIVE
BARGAINING AGREEMENT BETWEEN LEWIS COUNTY
AND THE SHERIFF'S SUPPORT SERVICES GUILD FOR
CALENDAR YEARS 2020-2022
WHEREAS, the Lewis County Board of County Commissioners (BOCC) has reviewed the
2020-2022 Collective Bargaining Agreement between Lewis County and the Sheriff's
Support Services Guild, representing the Sheriff's Support Services Staff; 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 Sheriff's Support Services Guild is hereby
approved and the BOCC is authorized to sign the same.
DONE IN OPEN SESSION this 13th day of January, 2020.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Kevin McDowell Gary Stamper
By: Kevin McDowell, Gary Stamper, Chair
Deputy Prosecuting Attorney
ATTEST: RDOF�1sp• Edna J J . Fund
f .Edna J. Fund, Vice Chair
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Rieva Lester Robert C. Jackson
Rieva Lester, Robert C.Jackson, Commissioner
Clerk of the Lewis County Board of County
Commissioners
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shERIO
AGREEMENT
Between
LEWIS COUNTY, WASHINGTON
(A Political Subdivision of the State of Washington)
and
LEWIS COUNTY SHERIFF'S OFFICE
as "Employer"
And
Sheriffs Support Services
As
"Guild"
Sheriffs Support Services-Guild
2020-2022 Collective Bargaining Agreement
TABLE OF CONTENTS
1.0...PREAMBLE 1
2.0. RECOGNITION 1
3.0 . MANAGEMENT RIGHTS 2
4.0...GUILD SECURITY 3
5.0 . CHECK-OFF OF GUILD DUES AND INITIATION 4
6.0 . NON-DISCRIMINATION 4
7.0 NO STRIKE CLAUSE 4
8.0. COMPENSATION 5
9.0. INSURANCE AND WORKER'S COMPENSATION 7
10.0 HOURS OF WORK AND OVERTIME 9
11.0 TRAVEL REIMBURSEMENT 11
12.0 GUILD BUSINESS 11
13.0 ELECTRONIC MONITORING 12
14.0 HOLIDAYS 13
15.0 VACATION 14
16.0 JURY DUTY 16
17.0. MILITARY LEAVE 16
18.0 SICK LEAVE 17
19.0.BEREAVEMENT LEAVE 19
20.0 PARENTING AND FAMILY LEAVE 19
21.0 MANDATORY SCHOOL AND TRAINING SESSIONS 22
22.0 EDUCATIONAL REIMBURSEMENT 23
23.0 EDUCATION INCENTIVE 24
24.0 DISCIPLINE.INVESTIGATIONS,PERSONNEL FILES 24
25.0 SENIORITY.LAYOFF, RECALL, AND VACANCIES 28
Sheriffs Support Services-Guild
2020-2022 Collective Bargaining Agreement
26.0 GRIEVANCE PROCEDURE 30
27.0 CIVIL SERVICE CONFLICT 33
28.0 BARGAINING UNIT WORK 33
29.0 IMMUNIZATIONS 33
30.0 REPEALER IN CONFLICT OF LAW 34
31.0 SUCCESSOR AGREEMENT 34
32.0 CIVIL LIABILITY 34
33.0 EFFECTIVE DATE AND DURATION OF AGREEMENT 34
Sheriffs Support Services-Guild
2020-2022 Collective Bargaining Agreement
1.0 PREAMBLE
This Agreement is entered into by and between Lewis County, Washington, a political
subdivision of the State of Washington, and the Lewis County Sheriffs Office, acting
through the elected sheriff, hereinafter jointly referred to as the "Employer." and Sheriffs
Support Services hereinafter referred to as the 'Guild". 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 rates of pay, hours of work and other conditions of work.
2.0 RECOGNITION
2.1 The Employer recognizes the Guild as the exclusive bargaining representative for those
purposes appropriate to the units stated in RCW 41.56, of all classified civil service positions
for all permanent full-time and regularly scheduled part-time employees employed in the
Sheriffs Office in the following job classifications: Support Technician I, Support Technician
II, Support Supervisor/DEM Planner, Accountant. All other employees, including extra help
and temporary employees, are expressly excluded.
2.2 When any new staff support position (full-time or regular part-time) in the Sheriffs Office
is created and authorized by the Civil Service Commission, such position shall either be in or
out of the bargaining unit depending upon whether the newly created position is consistent
with the duties, confidentiality. responsibilities, and general organizational structure of
those positions in the bargaining unit. The salary of any new position to be included in this
bargaining unit shall be set consistent with Employer policies and state collective bargaining
requirements.
2.3 Employment Status
2.3.1 Full-Time Employee: An employee who has successfully completed his or her
probationary period, is certified by Civil Service, and who is hired to work at least
40 hours per week.
2.3.2 Part-Time Employee: An employee who is hired to work less than 40 hours per week
on a regular basis.
2.3.3 Casual Employee: An employee who is neither a full or part-time employee and
is employed to work on a regular or non-regular basis for a specified period of time not
to exceed four (4) months. Casual employees are not entitled to benefits.The scope
and duration of the work to be performed by a casual employee shall be determined
by mutual agreement between the Employer and the Guild.
2.3.4 Probationary Employee: An employee who is in a working test period of twelve
(12) months during which he/she is required to demonstrate by proficiency the
duties required for the position. During probation, employees shall not have
access to the grievance procedure regarding discipline and discharge.
Sheriffs Support Services-Guild
2020-2022 Collective Bargaining Agreement
2.4 DEM Planner Position
The incumbent in the DEM Planner position, although a member of this Guild, is an employee of the
Lewis County Division of Emergency Management and is not an employee of the Lewis County
Sheriffs Office. The DEM Planner is not a civil service position; and no term or provision of this
agreement shall operate to allow the DEM Planner to become an employee of the Lewis County
Sheriff s Office. In addition, any other person(s) hired into this role in the future will not be eligible
for membership in this Guild.
Any references in this agreement relating to review and/or approval by the Sheriff or his/her
designee of administrative matters such as overtime, comp time, vacation, and grievances, when
interpreted as to the incumbent DEM Planner, shall instead be deemed to refer to the Director of
Public Works or his/her designee.
3.0 MANAGEMENT RIGHTS
3.1 Customary Functions: 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:
a) To take whatever action is either necessary or advisable to determine, manage and
fulfill the mission of the organization and to direct the Employer's employees;
b) to reprimand, suspend, discharge or to otherwise discipline employees for just
cause;
c) to determine the number of employees to be employed;
d) to hire employees, determine their qualifications, and assign and direct their work;
e) to evaluate employees' performance;
f) to promote, demote, transfer, lay off and recall to work employees;
g) to set the standards of employee 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 departments, divisions, and all
other units of the Employer;
p) to issue, amend and revise policies, rules, regulations, general orders,
administrative directives, and practices.
Sheriffs Support Services-Guild
2020-2022 Collective Bargaining Agreement
3.2 Non-Waiver: 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, and shall not be considered a
waiver of the Employer's management right to exercise such right, prerogative, or function or
preclude it from exercising the same in some other way not in conflict with express
provisions of this Agreement; however, the Employer recognizes that ROW 41.56 may
impose an obligation for Employer to negotiate changes in wages. hours, and working
conditions not covered by this Agreement.
3.3 Employer Options: The Employer and the Guild hereby recognize that delivery of services
in the most efficient, effective and courteous manner is of paramount importance to the
Employer, and as such. maximized performance is recognized to be an obligation of
employees covered by this Agreement.
3.4 Performance Standards: 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
employees. No revision of performance standards and/or policies shall be made without
prior notification to the Guild.
4.0 GUILD SECURITY
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. In furtherance of this goal, the
Guild shall have up to a sixty (60) minute orientation with new employees during the
employees' work hours at which time the Guild shall explain and do the following:
a) It is the designated exclusive representative for all employees covered under the
Collective Bargaining Agreement:
b) Membership in the Guild is voluntary and only when an employee clearly and
affirmatively consents to joining the Guild will it collect fees;
c) The rights and benefits that the employee would forgo by being a non-member; and
d) Provide the employee with all necessary paperwork to inform the Guild of its
decisions—member or non-membership.
2) Should an employee clearly and affirmatively consent to joining the Guild and authorizes
deduction of dues, such authorization shall continue in effect from year to year unless revoked
or changed in writing with thirty (30) days' notice to the Guild and County. Employees who
are not members of the Guild may make voluntary payments to the Guild by means of payroll
deduction by providing written consent to the County. Such payment amounts are those
authorized by the employee.
Sheriffs Support Services-Guild
2020-2022 Collective Bargaining Agreement
4.3 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 or not taken is in accordance with
such request.
5.0 CHECK-OFF OF GUILD DUES AND INITIATION
The Guild shall hold the Employer harmless and shall indemnify the Employer from
responsibility for withholding errors and damages flowing therefrom caused by faulty
information furnished by employees of the Guild, and the Guild shall promptly refund to the
employee any amounts paid to the Guild in error.
6.0 NON-DISCRIMINATION
6.1 The Employer and the Guild agree that they will not discriminate unfairly against any employee
by reason of race, creed. age, color, sex, sexual orientation, families with children, national
origin, 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 disabled person and any other protected class identified by law.
7.0 NO STRIKE CLAUSE
7.1 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 contraryto 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.
7.2 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, or
conditions or obligations of employment.
7.3 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, interruptions, or
interferences in any manner or kind whatsoever with any and all operations. facilities or
activities of the Employer. The Guild and the employees agree that they will not honor
any picket line established by any labor organization in the event of being called upon to
cross such picket line in the performance of duty.
7.4 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.
Sheriffs Support Services-Guild
2020-2022 Collective Bargaining Agreement
7.5 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.
7.6 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.
7.7 The Employer shall not lock out employees in the unit as a consequence of any dispute
arising during the duration of this Agreement.
8.0 COMPENSATION
8.1 Effective January 1, 2020, the base wage for all classifications covered by this agreement
shall increase by two percent (2.0%). Effective January 1, 2021. the base wage for all
classifications covered by this agreement shall increase by two and one quarter percent
(2.25%). Effective January 1, 2022, the base wage for all classifications covered by this
agreement shall increase by three percent (3%).
8.1.1 The parties agree that if any time during 2020, the COLA's or increased health &
welfare contributions are granted within the county to other bargaining units, guilds,
unrepresented employees, excluding interest arbitration groups, elected officials.
and/or defined market positions; then, said COLA or health and welfare contribution
increases which exceed that shown for 2020 for this group shall be extended to the
employees represented by this contract, effective as of the same date as the higher
COLA or health and welfare contribution increase of any of those groups mentioned
above. This provision shall be valid only for the term of this contract.
8.2 Step Plan - The Step Plan shall continue to apply and shall be as shown in Appendix A.
Employees shall advance from step to step at one year intervals.
8.3 The pay day for all work performed from the first (1s') of the month through the fifteenth (15'h)
of the calendar month shall be paid on the twenty fifth (25"). The pay day for all worked
performed from the sixteenth (16") of the calendar month until the last calendar day of the
month shall be paid on the tenth (10") of the subsequent month. Should the tenth (10th) or
twenty fifth (25") fall on a non-work day. i.e., Saturday, Sunday or Courthouse holiday, the
payday shall be the first workday preceding the tenth (10") or twenty fifth (25th). Earned
overtime shall be paid at the pay date following the payroll cycle in which such overtime was
earned.
8.4 Shift Differential: An employee whose assigned shift produces work hours after 6:00 p.m.
and/or prior to 6:00 a.m., shall be paid S0.30 per hour shift differential for all hours
worked after 6:00 p.m. and prior to 6:00 a.m. Any employee who is temporarily assigned
a different shift involving Saturday or Sunday hours between 6:00a.m. and 6:00 p.m.
shall be paid $0.30 per hour shift differential for all hours worked on Saturday or Sunday
during the 6:00 a.m. to 6:00 p.m. time frame. The employee shall be responsible for
claiming during such pay period such additional pay, upon penalty of loss if not so
claimed.
Sheriffs Support Services-Guild
2020-2022 Collective Bargaining Agreement
8.5 Longevity Pay: For each year of continuous service beginning with the eighty-fifth (85th)
month with this employer, as measured by the employee's seniority date of hire, the
employee shall receive longevity pay as described below:
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
Each year after ten years An additional $6.00 per month
8.6 Work Out of Class: An employee assigned to work out of classification. in a higher paid
classification,for more than five (5) hours of a work day shall be compensated for all hours
worked in that higher classification at a rate of 105.0% of the employee's basic rate of pay.
An employee who is assigned to work out of classification for more than thirty (30)
consecutive calendar days, shall be issued a Personnel Order directing temporary
assignment in a full-time capacity to the higher classification position and shall receive
compensation commensurate with the grade/step in the higher classification that provides the
employee a minimum pay increase of five percent (5%).
It shall be the employee's responsibility to notify the employer of claim for this pay by means
of the applicable monthly time card. Claims not noted on the time card within thirty (30) days
of accrual shall be void.
8.7 Bilingual Pay
8.7.1 All employees who have been assigned by the Employer to provide
conversational foreign language services shall have added to their base pay one
percent (1.0%) per language for all foreign language services.
8.7.2 An employee's ability to speak an approved foreign language conversationally shall
be determined by completion of a test selected by the employer at a level of proficiency
determined by the employer. The test is intended to evaluate the employee's ability to
participate in basic conversations with routine and repetitive subject matter. The
employee shall pay associated test costs to achieve initial qualification.
8.7.3 Should an employee fail the test for initial qualification or re-qualification, a period
of six (6) months must elapse before retaking the test.
8.7.4 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- qualification
attempts will be at the expense of the employee.
9.0 INSURANCE AND WORKER'S COMPENSATION
9.1 The Employer shall make available to employees and their dependents an insurance program
including medical, dental, vision, life and employee health and accident insurance coverage.
This insurance program will be administered through the Public Employees Benefit Board
Sheriffs Support Services-Guild
2020-2022 Collective Bargaining Agreement
(PEBB).
9.1.1 Medical Insurance: Employees may choose any plan as offered by Public
Employees Benefit Board (PEBB) as their protocols apply.
9.1.2 Dental Insurance: Dental insurance is available through PEBB as offered as their
protocols provide.
9.1.3 Vision: Vision insurance is available through PEBB as offered as their protocols
provide.
9.1.4 Life Insurance: Life insurance is available through PEBB as offered as their
protocols provide.
9.2 Enrollment in the Employer's insurance programs shall be determined by the individual
carrier's window periods provided for that purpose. An employee shall be permitted to
change from one available plan to another during the carrier's designated window periods. The
Employer will withhold from each employee's wages an amount sufficient to pay the
employee's portion of his or her own and any dependent insurance premiums. The Employer
shall be responsible for paying its portion of the employee and dependent insurance
premiums and the portion withheld from the employee's wages to the insurance carrier.
9.3 Employer and Employee Insurance Contributions
9.3.1 Effective January 1. 2020. the Employer will increase their contribution amount to an
additional maximum of $25.00 per plan per month towards the insurance premiums
for defined medical, dental and vision plans as outlined in Attachment B
9.3.2 Effective January 1, 2021 the Employer agrees to an opener for defined medical,
dental and vision plans. The outcome of these re-openings shall not result in any
decrease to the agreed health and welfare contribution amount from the prior year.
9.3.3 Effective January 1, 2022 the Employer agrees to an opener for defined medical,
dental and vision plans. The outcome of these re-openings shall not result in any
decrease to the agreed health and welfare contribution amount from the prior year.
9.3.4 Employees will be responsible for paying through payroll deduction any premiums
in excess of the Employer's contribution.
9.4 Part-time employees will receive a pro-rated insurance contribution from the employer,
calculated by multiplying the contributions available to full-time employees by the percentage
of regularly scheduled hours worked by the part-time employee.
9.5 If the County intends to change or modify existing plans in any way, the Guild will be notified
in writing and provided an opportunity to bargain this decision and all effects in advance of
any implementation.
9.6 Nothing in this article shall be interpreted as to prohibit alternative or composite rate plans to
be offered if the County so chooses, and upon mutual agreement with the Guild.
Sheriffs Support Services-Guild
2020-2022 Collective Bargaining Agreement
10.0 HOURS OF WORK AND OVERTIME
10.1 The Employer shall assign each employee a work week of either five (5) consecutive 8-hour
days or four (4) consecutive 10-hour days. at the Employer's discretion. Other schedules
shall be permitted by mutual agreement of the Employer and the affected employee. 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 being a 5/8 or 4/10 arrangement. 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 off provisions of this Agreement. All
overtime shall be authorized in advance by the employee's supervisor and approved by the
Sheriffs designee.
10.2 Each employee shall be allowed an established unpaid meal period of thirty (30) minutes
or sixty (60) minutes, at the Employer's discretion. No employee shall be required to work
more than five (5) consecutive hours without a meal period, unless there is a mutual
agreement to waive the meal period. Employees working three (3) or more hours longer
than a normal work day shall be allowed at least one thirty (30) minute meal period prior to or
during the overtime period.
10.3 Each employee shall be allowed a rest period of fifteen (15) minutes in duration, on the
Employer's time, for each half shift of working time. Rest periods shall be scheduled as
near as possible to the mid-point of each half shift. No employee shall be required to work
more than three (3) hours without a rest period. Where the nature of the work permits an
employee to take an intermittent rest period equivalent to fifteen (15) minutes for each half
shift worked, scheduled rest periods are not required. If the employee fails to take any or
all such rest periods, for whatever reason. he or she shall have no right to claim any
compensation for that time.
10.4 Compensatory Time
10.4.1 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:
10.4.2 An employee shall not be allowed to accumulate more than 48 hours of
compensatory time. Compensatory time is cumulative from year to year to the
aforementioned maximum.
10.4.3 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
straight time rate of pay. A request for cash-out of accrued compensatory time
shall be made in writing. specifying the number of hours to be cashed out, and
submitted to the Sheriff or his designee for consideration on or before the 20th of the
current payroll month.
10.4.4 Compensatory time off may be utilized in fifteen (15) minute increments.
10.4.5 The Employer shall post a monthly balance of each employee's accrued
compensatory time.
Sheriffs Support Services-Guild
2020-2022 Collective Bargaining Agreement
10.4.6 Scheduling of the taking of compensatory time off is to be by approval of the Sheriff
or his designee. Once scheduled. it may only be denied in the event of an emergency
endangering or substantially impairing Employer services to the public, or in
situations which have developed beyond the control of the Employer. Scheduling of
compensatory time shall not pre-empt previously scheduled and approved vacation
time.
10.4.7 The Employer shall take no retaliatory or unfair discriminatory action against any
employee by reason of the employee's choice of compensatory time off.
10.5 Notice of Shift Changes: Except in the case of emergency. the Employer shall give forty-eight
(48) hours' notice of any changes in shift hours. If such notice is not timely made, all
hours worked until the forty-eight (48) hour threshold is met shall be paid at the overtime
rate.
10.6 Call Time: An employee who is called in for work during normal off-duty hours, vacations,
weekends or holidays shall receive a minimum of two (2) hours' pay at the overtime rate.
Any time worked over such guaranteed minimums will be paid at the applicable hourly rate
for actual hours worked.
11.0 TRAVEL REIMBURSEMENT
11.1 Reimbursement for reasonable expenses of Employer-mandated travel shall be made to
the employee in accordance with current County policy as reflected in resolutions of the
Board of County Commissioners, and as the same may be amended in the future.
12.0 GUILD BUSINESS
12.1 It is recognized that from time to time it is necessary for Guild activities relating to the
processing of grievances to be conducted during working hours. A Guild representative
shall be permitted reasonable time to investigate and process such grievances during
working hours subject to permission being granted by the appropriate non-bargaining unit
supervisor. Such permission shall generally be granted unless the Guild's representative or
the grievant is involved in work activity requiring immediate attention,in which case,permission
will be granted as soon as reasonably possible. Guild representatives shall not interfere with
Sheriffs Office activities in investigating any grievance or exercising their rights under this
clause.
12.2 Labor/Management meetings shall be held semi-annually or more frequently upon mutual
agreement of the parties to discuss issues of mutual concern. Such meetings shall not be
in lieu of Article 26, Grievance Procedure. Two bargaining unit members shall be allowed to
attend on County time.
12.3 The Guild Staff Representative shall be allowed full and free access to the workplace of
the bargaining unit employees. provided he/she shall notify the Sheriff or his designee of
his/her presence and shall not unduly interrupt the work of employees.
12.4 Negotiations for a successor collective bargaining agreement shall take place at mutually
agreed times and places. The Guild negotiating team shall consist of its staff representative
and three (3) members of the bargaining unit. selected by the Guild. Guild representatives
will be allowed to attend negotiating sessions without loss of pay if those representatives
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2020-2022 Collective Bargaining Agreement
would be on duty when negotiations are scheduled and operational requirements permit.
However, at the Employer's discretion and with advance written notice, collective bargaining
sessions may be conducted on a split time basis (i.e. half of the bargaining time being paid
time. and the other half of the bargaining time being unpaid time). Any such decision by the
Employer shall not form the basis at any time that a past practice has arisen conveying to
bargaining unit members any right or entitlement whatsoever to pay for time spent in
collective bargaining sessions.
12.5 Guild Bulletin Boards and Communications
12.5.1 The Employer shall provide suitable space on its premises for a Guild bulletin
board. The Employer agrees to allow the Guild/Staff Representatives to
use designated Guild bulletin boards. email via the-County system, or interoffice
mail to send or post brief messages concerning Guild business including scheduling
or posting notice of Guild meetings, Labor/Management meeting notices and
minutes. and communications with management and representatives of the Guild
(including stewards) concerning the administration of the collective bargaining
agreement. Guild members may utilize the County computer system on a not to
interfere basis (i.e. during break time). to access a personal email account for the
purpose of voting electronically on a Guild issue.
12.5.2 It is specifically understood that no notices of a discriminatory or political nature, nor
notices that would be offensive to a reasonable person, shall be posted or
transmitted. Each posting shall be initialed and dated or digitally signed by the
Guild official responsible for the posting. (Note: The County email system is not
confidential and these communications may not be private and are the property of
Lewis County).
13.0 ELECTRONIC MONITORING
This article addresses the use of surveillance and electronic or other monitoring performed on an
ongoing basis for the purpose of monitoring workplace productivity, safety and security. This
article does not apply to any surveillance and electronic or other monitoring performed as part of any
criminal investigation or any internal investigation pertaining to specific employees, provided that
reasonable suspicion shall be supplied to the Guild Staff Representative upon his/her request.
The Guild and employees shall be notified prior to implementation of. or changes to, any forms of
surveillance or electronic monitoring proposed by the employer to be implemented on a routine and
on-going basis,and the notice shall include the purpose of the monitoring.
Data acquired by electronic monitoring or surveillance systems may be used to evaluate work
productivity, compliance with standards of conduct and other job requirements, as the basis for the
imposition of discipline, and/or as part of a criminal investigation. In the event that data acquired by
surveillance or electronic or other monitoring is used as the basis for any discipline, the employee
who is the subject of such discipline and the Guild shall have the right to obtain a copy of such data
prior to the discipline being imposed. Said data shall not be used as the sole basis for discipline nor
shall it be used as the sole basis to evaluate any individual Employee's productivity.
14.0 HOLIDAYS
14.1 Employees of the Sheriffs Office shall receive ten (10) paid holidays:
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New Year's Day January 1st
Martin Luther King Day 3rd Monday in January
Presidents' Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 1st Monday in September
Veterans' Day November 11th
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving 4th Friday in November
Christmas Day December 25th
*Gubernatorial Holiday- In addition to the above paid holidays, on the occasion the
Governor of Washington declares a special holiday or day of special observation, on which
the majority of Washington State employees are to receive a day off with pay. employees of
the Sheriffs Office will also receive such day off with pay.
14.2 Each current employee shall, as of January 1s:of each year, be credited eight (8) hours to
their vacation leave bank for their Personal Day. Upon hire, an employee will be credited
eight (8) hours to the vacation bank.
14.3 Employees shall observe the County observed designated day of the holiday. An employee
who works on an above-named holiday, excluding the floating holiday, shall be paid one and
one-half(1-'/2)times their regular rate of pay for all hours worked that day,and shall be entitled
to receive an equal number of work hours off, to be taken within ninety (90) calendar days at
a time agreeable to employee and Employer. If such time off is not taken by such employee
within the ninety (90) days. such time off shall result in pay at the straight time rate. An
employee whose regular scheduled day off falls on the designated day of the holiday,
excluding the floating holiday,will be entitled to a substitute day off,to be taken within ninety
(90) calendar days at a time agreeable to employee and Employer. If such day off is not
taken by such employee within such time, such day shall result in pay at the straight time
rate. The employee shall be responsible for submitting a claim for straight time pay.
14.4 When a holiday falls on a Saturday, it shall be observed on the preceding Friday.
When a holiday falls on a Sunday, it shall be observed on the following Monday.
14.5 If any employee is called to work on a holiday that is his/her scheduled day off, he/she shall
be paid time and one-half plus holiday pay. Where appropriate, the call time minimums
of Article 10. Section 10.6 shall apply. When an employee works a holiday on his/her
regularly scheduled shift, he/she shall be paid time and one-half plus regular rate of pay.
14.6 Should a conflict arise between the provisions of Sections 14.3 and 14.4 of this Article,
the provisions of Section 14.4 shall apply.
15.0 VACATION
15.1 All regular employees in the bargaining unit shall accrue vacation in accordance with the
following schedule: 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:
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MONTHS OF COUNTY ACCRUAL RATE HOURS ACCRUAL RATE HOURS
SERVICE PER MONTH PER YEAR
0-12 8.50 102
13-24 9.00 108
25-36 9.50 114
37-48 10.00 120
49-60 11.00 132
61-72 11.00 132
73-84 11.50 138
85-96 12.00 144
97-108 12.50 150
109-120 13.00 156
121-132 13.00 156
133-144 13.50 162
145-156 13.50 162
157-168 14.00 168
169-180 14.50 174
181-192 15.00 180
193-204 15.50 186
205-216 16.00 192
217-228 16.50 198
229+ 17.00 204
15.2 Vacation shall be utilized and charged in hourly increments.
15.3 Vacation Scheduling
15.3.1 In October of each year,employees shall have the opportunity,by seniority within their
respective Bureau. to schedule their vacations for the upcoming year. Once the
employee's vacation is scheduled and approved,such shall not later be bumped by a
more senior employee.
15.3.2 The schedule shall be circulated again in November. Employees scheduling and
approved in November may not later be bumped by more senior employees.
15.3.3 After January 1', employees shall schedule vacation on a first-come, first-served
basis regardless of seniority.
15.3.4 Not later than August 1, the employee shall have scheduled, during the current
calendar year, at least one-half of the employee's annual accrual. As of August 1,
any portion of the employee's annual accrual which is less than one-half may be
subject to scheduling by the Sheriff or his designee. Once scheduled, an employee's
vacation shall not be changed without mutual agreement of the Employer and
employee. or unless an emergency exists. The term "emergency" shall not include
Employer scheduling errors.
15.4 All vacation scheduling shall be subject to approval of the Sheriff or his designee.
15.5 Vacation Transfer. Any regular full-time or part-time employee with more than one (1)year of
completed service in an established and budgeted position may transfer a portion of their
accrued annual leave to another regular full-time or part-time employee with more than
one (1) year of completed service in an established and budgeted position. This transfer is
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contingent upon approval by the Employer and/or designee for both the employee
authorizing and the employee receiving the transfer. The transfer is further restricted for
the purposes of catastrophic or extended illness.
No employee may transfer annual leave time to another if such transfer would leave the
transferring employee less than forty (40) hours of credited annual leave. The receiving
employee shall be limited to a maximum receipt of four hundred eighty(480) hours annually.
The employee transferring the annual leave time shall authorize the transfer in writing.
Copies of the written authorization shall be provided to the Employer and/or his designee and
the Auditor's Office for payroll purposes. This voluntary transfer of leave time, once
authorized. is final, provided that should the receiving employee not use the transferred
annual leave due to death, illness recovery, or separation from employment, the transferred
leave shall revert back to the transferring employee. Annual leave time transferred by
qualifying employees shall be transferred in increments equal to the number of hours in the
workday of the employee transferring the leave time. The hours transferred shall be
converted to dollars at the rate of pay for the transferring employee. Once transferred, they
shall be reconverted to hours based on the receiving employee's hourly rate of pay. This
process shall be reversed in cases of reversion of time.
The transfer of annual leave time shall only occur if the receiving employee is suffering
from a catastrophic illness or extended illness or injury preventing the employee's return
to work and the receiving employee has exhausted all of their accumulated annual leave
time. sick leave time, compensatory leave time, and other leave with pay to which that
employee is entitled.
Transfer of leave time may also be used for any employee whose immediate family (i.e.
spouse or child) suffers from a catastrophic or extended illness or injury requiring the
employee's presence. provided the receiving employee has exhausted all of their
accumulated annual leave time, sick leave time, compensatory leave time. and other
leave with pay to which that employee i s entitled.
Transferred annual leave hours must be used within one hundred twenty (120) calendar
days following the date of transfer. Any and all transferred annual leave is excluded from
termination annual leave pay-off provisions.
15.6 Employees who separate from County employment shall be paid for a pro-rata portion
of accrued days. Annual leave may be accrued to a maximum of three hundred twenty
(320) hours: subject, however, to potential loss of that portion of the accrual in excess
of two hundred forty (240) hours. An employee who retires, terminates employment, or
is laid off shall be paid by the Employer at the ensuing payday for any unused accrued
annual leave, but in any event not to exceed a maximum of two hundred forty (240) hours.
15.7 Upon approval of the Sheriff, an employee may opt to be cashed out for all vacation in
excess of 120 hours' accrual. Such request must be made in writing to the Sheriff at least
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.
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16.0 JURY DUTY
16.1 Employees shall be allowed time off without loss of pay for serving on jury duty. Any
compensation (except meal expense and mileage) received by the employee from the
court for performing such service shall promptly be refunded to the Sheriffs Office and all
employees are required to seek such compensation from the court. Employees shall
return to work if released from jury duty. If less than one hour remains on the employee's
shift, a supervisor shall be consulted.
17.0 MILITARY LEAVE
17.1 Any employee who is a member of a military reserve force of the United States or of the
State of Washington shall be entitled to and shall be granted military leave of absence
from County employment, not to exceed twenty-one (21) working days during each
October 1 through September 30. Such leave shall be granted in order that the person
may take part in active training duty or active duty in such manner and at such times as
he or she may be ordered to active training duty or active 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 federal law.
18.0 SICK LEAVE
18.1 With each month of completed continuous employment with the Employer. each full-time
employee and probationary employee shall accrue sick leave at the rate of eight (8) hours.
If an employee has accrued sick leave in excess of one thousand three hundred twenty(1320)
hours at the end of a calendar year, then the employee's accrued sick leave shall revert to
one thousand three hundred twenty (1320) hours as of the first (1s`) day of January of the
following calendar year. Part-time employees who are employed on a regular basis or on a
regular schedule of duration of not less than one year 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 fifteen (15) minute increments. Accrued sick leave shall be debited in
accordance with actual time of absence due to illness.
18.2 An employee may take leave for personal illness or illness in his/her immediate family
requiring the employee's attendance.
"Immediate family" shall include only persons related by blood, marriage or legal adoption
in the degree of consanguinity of grandparents, parents (including biological. adoptive. de
facto, or foster, step, legal guardian of an employee, or a person who stood in loco parentis
when the employee was a minor child), the employee's spouse or registered domestic
partner. brothers, sisters, children (including biological, adopted, or foster child, stepchild. or
a child to whom the employee stands in loco parentis. is a legal guardian. or is a de facto
parent), grandchildren, mother-in-law, father-in-law, and any person who is a non-pecuniary
resident of the employee's household. As used in this Agreement, the term"non-pecuniary
member of the employee's household" shall mean any person:
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a) Whose primary and ordinary place of residence is in the employee's home;
b) who has maintained his/her primary and ordinary residence therein for at least 30
days; and
c) whom the employee does not permit to reside therein solely as a means of deriving
economic advantage. or for purposes of receiving or benefitting from that person's
services.
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.
18.3 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.
18.4 At the time of separation from service other than for cause, an eligible employee. or in the
case of death, the employee's estate or designated beneficiary as described in the
Beneficiary Designation form provided by the Lewis County Auditor. 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.
18.5 If. as of December 1, an employee has at least 176 hours of accrued and unused sick leave
available, then the employee may, at the employee's option, be able to convert 16 hours of
sick leave to 16 hours of vacation. If an employee elects to make this conversion, and does
not use at least 16 hours of vacation within 12 months after making the conversion, then any
remaining vacation hours that resulted from the conversion shall revert back to sick leave
hours. If an employee elects to make this conversion, and terminates employment with the
County prior to using all of the converted hours, then any remaining vacation hours that
resulted from the conversion shall revert back to sick leave hours. An election to convert shall
be made in writing and must be submitted December 1 through December 14.
18.6 Sick Leave Use with Workers' Compensation
18.6.1 During a period of interrupted service for occupational injury or occupational
illness, the employee may, at his/her option, be paid from accrued benefits the
full difference between Workers' Compensation and the amount the employee
would have received for regularly scheduled work. This will be accomplished by
making a deduction from accrued sick leave or accrued annual leave in units of at
least one (1) hour so long as such accrued leave is available. The employee's
election must be timely made so as to provide notice sufficient for the Employer to
make necessary payroll deductions.
18.6.2 An employee may elect to use accrued annual or sick leave during the initial
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three (3) days of a period of absence due to occupational injury or qualifying
occupational illness. Should the employee initially elect to use sick leave and later
qualify for and receive Workers' Compensation time loss payments which include
compensation for this initial three (3) day period of absence,the time loss payment
received for the initial period must be credited to the employee's sick leave account.
18.6.3 An employee who suffers an occupational injury and/or qualifying occupational
illness is expected to seek, to return to, and it shall be the policy of the Employer
to offer. any open and available position in the employee's department for which
the employee may be qualified when a physician certifies the employee is able to
work in the available position. Prior to returning to active service. an employee
must provide a written certification from a physician that the employee is able to
perform his/her usual work, or such available work as may be made assigned
by the Employer. Such certification shall be provided to the Sheriff and forwarded to
the County Risk Manager prior to the employee's performance of duties. Where
applicable, the employee shall retain the seniority date the employee would have
had but for the interruption of service.
19.0 BEREAVEMENT LEAVE
19.1 Up to three(3)days leave shall be granted without any sick leave debit in the case of the death
of an employee's spouse. child, parent, spouse's parents, grandparent. 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.
19.2 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, spouse's parents, brother,
sister, spouse's siblings, child (including adopted children and foster children, a stepchild,
a legal ward or a child of a person, in respect ofwhom theemployee stands in loco parentis),
or grandchild, and any other person who is a non-pecuniary resident of the employee's
household. As used in this Agreement,the term "non-pecuniary member of the employee's
household" shall mean any person:
a) Whose primary and ordinary place of residence is in the employee's home;
b) who has maintained his/her primary and ordinary residence therein for at least 30 days;
and,
c) whom the employee does not permit to reside therein solely as a means of deriving
economic advantage, or for purposes of receiving or benefitting from that person's
services.
19.3 Employees who are permitted to attend the funeral or memorial service of a fellow Sheriffs
Office employee shall be allowed to take four (4) hours sick leave when such services are
held during working hours and as shift coverage allows.
20.0 PARENTING AND FAMILY LEAVE
The following is a summary of rights which County employees may have under various
leave programs (in addition to the Leaves already described in this Agreement). Legislation
and regulations governing these programs will determine actual leave entitlement in a given
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situation. Also, these laws and regulations may change from time to time. For further
information. contact the Lewis County Human Resources office.
20.1 Medical Leave: A medical leave is granted for a serious health condition or pregnancy-
related disability. Employees returning from a medical leave may be asked to provide a
physician's release to return to work. Pregnancy related disability may result in longer
periods of leave. See Pregnancy Disability for more information.
20.2 Family Leave (FMLA) 29 CFR 825: A family leave of 12 weeks, paid or unpaid, is granted
for an employee who worked at least 1.250 hours in the past 12 months for:
a) A father's attendance at the birth of a child.
b) A parent's care of a child after birth. See Pregnancy Disability for more information.
c) The placement of a child with an employee for adoption or foster care.
d) A serious health condition of an employee's child (under 18 years, older if disabled).
e) A serious health condition of employee's spouse or parent.
f) A serious health condition that makes the employee unable to perform their job.
20.3 Military Family Leave Provision (FMLA)
20.3.1 Military Caregiver Leave: A spouse. son. daughter, parent. or next of kin may take up to 26
workweeks of leave to care for a member of the Armed Forces. including a member of the
National Guard or Reserves, who is undergoing medical treatment, recuperation, or
therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired
list, for a serious injury or illness.
20.3.2 Qualifying Exigency Leave: Up to 12 weeks may be taken for any qualifying exigency
arising out of the fact that a covered military member is on active duty or call to active duty
status for a Contingency Operation.The FMLA leave is to address the most common issues
that arise when a covered military member is deployed, such as attending military-sponsored
functions, making appropriate financial and legal arrangements. and arranging for alternative
childcare.
20.4 Eligibility
20.4.1 To be eligible for all family and/or medical leave an employee must be employed
by the County at least 12 months and have worked at least 1,250 hours in the 12-month
period immediately preceding the start of leave.
20.4.2 Medical leave may require a healthcare provider's certificate as identified in DL Form
WH-380.
20.4.3 Military leave may require the certification of Military Orders and completion ofWH-384.
20.4.4 Employees who are i n need of leave time should meet with their Elected/Director to
develop a written plan. This plan should include:
a) Reason(s) for the leave;
b) beginning date of the leave;
c) planned return date.
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20.4.5 An unpaid family and/or medical leave can be taken for up to 12 weeks within a
12-month period. Although most leaves are taken in a single block of time.the Elected
or Director may approve intermittent leaves or reduced schedules.
20.4.6 Lewis County will continue medical insurance benefits for employees during
approved leave. Employees must continue to pay his/her portion of the insurance
premium while on leave. Employees must also self-pay to maintain all other group
insurance benefits during this leave. Although employment benefits, such as
vacation pay. and sick pay will not accrue during unpaid leave,employment benefits
previously accrued up to the day that the leave begins will not be lost. However,
before being granted unpaid time, all employees must first exhaust available
vacation, sick. compensatory time in accordance with Lewis County policy which will
run concurrently with FMLA.
20.4.7 Lewis County will attempt to restore the employee to his/her former position when they
return. However, there is no guarantee that the position will be available. In such a
case, the employee will be offered an equivalent job that they are qualified to perform
unless the position would otherwise have been eliminated had the employee not been
on leave.
20.4.8 If employee and spouse both work for the County. they will together be entitled to
a total of twelve weeks or 26 weeks for military care leave under this section.
20.4.9 The amount of medical leave an employee may be entitled to take may be limited by
other leaves taken in the twelve months prior to the date on which they request to start
a medical leave.
20.5 Pregnancy Disability RCW 49.60/WAC 162-30-020. Allows employee disability leave due
to pregnancy for the period of time before and after childbirth as determined by the Healthcare
Provider. There is no minimum employment requirement. The Healthcare Provider
determines when employee can no longer work. After childbirth.the leave is typically 6-8
weeks. but is based on the individual employee's condition. Leave for disability due to
pregnancy or childbirth is in addition to 12 weeks (if qualified) under either FMLA and/or
state FLA. When the employee returns from leave, they will be reinstated to their former
position or an equivalent position with equivalent pay and benefits, unless the position
would have been eliminated if they had not been on leave.
20.6 Family Leave Act RCW 49.78: Covers pregnant employees with 1,250 hours in past year.
Employees will be required to use accrued sick leave, vacation benefits and other paid time
off while on leave. Leave for disability due to pregnancy or childbirth. placement of a child
with the employee for adoption or foster care, or to care for a family member of the employee,
if the family member has a serious health condition; or a serious health condition that makes
the employee unable to perform the functions of the position of the employee. The entitlement
to leave for the birth or placement of a child expires at the end of the twelve-month period
beginning on the date of such birth or placement. Additional or simultaneous benefits may
also exist under FMLA for care of a newborn. sick spouse, parent, child, or other personal
illness.
20.7 Family Care Act RCW 49.12.265/WAC 296-130: The Family Care Act allows workers
with available paid sick leave to care for a sick child with a routine illness: a spouse,
registered domestic partner, parent, parent-in-law, or grandparent with a serious or
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emergency health condition; and an adult child with a disability. An employer may not
discipline an employee for leave taken under this law.
20.8 Domestic Violence Leave for Victims and Family Members RCW 49.76: Employees who are
victims of domestic violence. sexual assault or stalking can take reasonable leave from work
for legal or law-enforcement assistance. medical treatment or counseling. Employees who
are family members may also take reasonable leave to help a victim obtain needed treatment
or services. Leave is with or without pay. A family member includes: child, spouse,
domestic partner, parent. parent-in-law,grandparent,or person the employee is dating. There
are no eligibility requirements. An employee must give advance notice whenever possible.
20.9 Washington State Paid Family and Medical Leave: The Employer agrees to comply with all
Washington State Paid Family and Medical Leave laws. per RCW: 50A.04.
21.0 MANDATORY SCHOOL AND TRAINING SESSIONS
21.1 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 or his
designee.
21.2 Whenever required in the Lewis County Sheriffs Office. or mandated by Washington State
Law, each employee shall be responsible for obtaining and maintaining certification for
matters required in the office or mandated by law. The Employer shall bear the cost of all
certifications and/or training required of such employees.
21.3 The school, training, or certification referred to in Sections 21.1 and 21.2 above shall
be mandatory upon each employee, requiring the attendance of such employee whether
on his/her off-duty or on-duty time, depending upon when such classes occur.
21.4 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 at the applicable rate.
21.5 On a volunteer basis and with authorization of the employer. an employee may attend
any seminar, school or class for the purpose of individual career advancement and/or
enhancement. Such training shall not be considered work time, even though the
Employer may pay for the expenses of, or part of, such training.
21.6 Employees shall not suffer any loss of pay, benefits, promotional opportunities or any
other negative consequences for non -participation involuntary training
activities.
22.0 EDUCATIONAL REIMBURSEMENT
22.1 The Employer is desirous of having employees participate in courses and training
opportunities to enhance their skills and enable them to advance to other positions.
Accordingly, it shall be the Employer's goal to assist full-time, regular employees in the
furtherance of this policy by offering a tuition reimbursement program for courses
or training at accredited colleges and universities.
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22.2 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.
22.3 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.
22.4 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 per credit charged by Centralia College.
22.5 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 pay check 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.
22.6 Reimbursement shall be for actual tuition, or the cost of the course. All other expenses,
such as travel and books, shall be paid by the employee.
23.0 EDUCATION INCENTIVE
23.1 As an educational incentive,each employee who holds an Associate's Degree shall be entitled
to an additional thirty-five dollars ($35.00) each calendar month, and each employee who
holds a Bachelor's Degree shall be entitled to an additional sixty-five dollars ($65.00) each
calendar month. Employees' holding a Master's Degree or higher shall be entitled to an
additional eighty ($80.00) dollars each 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.)
23.2 Mentoring Incentive. Any employee assigned to serve as an assigned mentor to another
employee, either in training or coaching program, shall be entitled to an additional thirty
dollars ($30.00) each calendar month for the duration of the assigned mentorship program.
A minimum of four(4) hours per month is required to be eligible for the benefit.
24.0 DISCIPLINE, INVESTIGATIONS, PERSONNEL FILES
24.1 Citizen Complaints
24.1.1 Whenever a citizen complaint is received by the Employer, a determination will be
made regarding whether the complaint is criminal or non-criminal. Criminal matters
will be forwarded to the appropriate investigating authority.
24.1.2 A non-criminal citizen complaint will not be considered formal until such time as
the complaint is reduced to writing. A written complaint may be handwritten by
the complainant, typed. taped or otherwise reduced to writing and attested to by
the complainant.
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24.2 Supervisory or In-House Complaints
24.2.1 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.
24.3 Interviews& Hearings
24.3.1 In cases of serious violations, which may result in an un-timed letter, suspension,
demotion or termination, the complaint must be forwarded to the administrative staff.
The interview of an employee concerning action(s) or inaction(s), which, if proved,
could 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." For a Type II investigation. discipline will
not be greater than a written reprimand. If notice of a Type I investigation is given,
the range of discipline may be any of the disciplinary actions (i.e. documented
warning through discharge). 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 Type 1/Type II investigations shall be a
finding that is categorized as either "sustained," "not sustained,""unfounded,"or
"exonerated."
b) At a reasonable time (at least forty-eight hours) in advance of the investigative
interview, the employee shall be informed in writing, with a copy to the Guild,
of the nature of the investigation; the specific allegations related thereto; and
the policies, procedures and/or laws that form the basis for the investigation:
and shall be advised that an opportunity to consult with a Guild representative
will be afforded prior to the interview. The employee may waive the forty-eight-hour
notice in writing only.
c) The requirements of these shall not apply if (1) the employee is under
investigation for violations that are punishable as felonies or misdemeanors
under law, or (2) notices to the employee would jeopardize the administrative
investigation.
d) If a complainant has filed a formal complaint regarding an action or inaction
of an employee and the Employer deems further investigation is necessary. the
employee shall be provided a copy of the complaint as soon as practical.with a
copy forwarded to the Guild.
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
Guild representative may not obstruct or hinder the interview, but he/she can
clarify points, ask questions of the interviewee at the conclusion of the
investigator's questions or point out pertinent information to assist in gathering
facts. The opportunity to have a Guild representative present at the interview or
the opportunity to consult with a Guild representative shall not unreasonably delay
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the interview. However, if the interview begins with the consent of the
employee in the absence of a Guild representative, but during the interview
the employee concludes that assistance is required by reason of increasing
seriousness of the disciplinary problem, the employee shall be allowed a
reasonable time in which to obtain a Guild representative.
f) To the extent reasonably possible, all interviews under this Section shall take place
at the Sheriffs Office facilities.
g) The Employer may schedule the interview outside of the employee's regular
working hours; however, in that event the appropriate overtime payment shall be
made to the employee.
h) The employee shall be required to answer any question concerning a non-
criminal matter under investigation and shall be afforded all rights and privileges
to which the employee is entitled under State or Federal laws.
i) The employee shall not be subject to abusive or offensive language or to coercion,
nor shall interviewer(s) make promises of award or threats of harm as
inducements to answer questions.
j) During an interview, the employee shall be entitled to such reasonable
intermissions as the employee may request for personal physical 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 tape-records the interview, a copy of the complete tape- recorded
interview of the employee, noting the length of all recess periods, shall be
furnished the employee upon the employee's written request. If the interviewed
employee is subsequently charged with misconduct, at the request of the
employee or on its own volition, the Employer shall provide a copy of the
recording to the Guild on behalf of the employee.
m) Interviews and Internal Affairs investigations shall be concluded without
unreasonable delays.
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.
24.4. Disciplinary Actions
24.4.1 Regular employees may be disciplined in the form of a documented warning,
suspension, demotion,or discharge for just cause.
24.4.2 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
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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 (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) Notice to the employee of his or her right to Guild representation during the
hearing:
d) A copy of the complete investigation (upon written request of employee). In no
case shall the employee be afforded less than one (1) hour to inspect the
disciplinary folder prior to the commencement of the pre-disciplinary hearing.
24.4.3 Discipline may only be imposed for just cause.
24.4.4 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.
24.4.5 The employee may, if the employee wishes, advise the Employer that he or she will
not proceed with a pre-disciplinary hearing. Once the Employer has afforded the
employee the opportunity of a pre-disciplinary hearing and the employee chooses not
to participate,the Employer may proceed with disciplinary action.
24.4.6 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, unless an
economic sanction or termination is recommended, in which case. the
recommendation will be made in writing and submitted to the Undersheriff/Chief of
Staff within fourteen (14) calendar days. A Loudermill hearing will be provided and
final determination will be 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.
24.4.7 Should the Employer fail to adhere to the timelines set forth in this section regarding
the scheduling of hearings or the issuance of resolutions, such matters will be
deemed closed and not subject to further redress. It is understood by the parties
that due to the nature of certain specific cases that either party may require an
extension to the aforementioned timelines to properly investigate or process the
matter. The granting of extensions shall be on a case-by-case basis and shall not be
unreasonably withheld.
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24.5. Personnel Files
24.5.1 Disciplinary materials at the level of a Documented Warning or higher shall be
maintained in the official personnel file of the employee. 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.
24.5.2 Access to personnel files is limited to the employee. his/her authorized
representative, officials of the County with a business need for access or as provided
by law. Employees shall be provided copies of all disciplinary notices and
performance evaluations before such material is placed in the personnel file and shall
have the right to attach a rebuttal statement. The employee is required to
acknowledge receipt of the materials. Acknowledgement shall not be construed as
agreement or concurrence with the discipline or evaluation.
25.0 SENIORITY. LAYOFF, RECALL. AND VACANCIES
25.1 Seniority- Each employee shall have seniority standing equal to such employee's continuous
length of service.
25.1.1 Where 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.
25.2 Layoff- In the event of layoff of regular employees, such employees shall be laid off in reverse
order of seniority within the bargaining unit except when a specific position is eliminated.
25.2.1 When a specific position is eliminated,the least senior bargaining unit member in that
position in his or her category is subject to layoff. That member shall have the right to
bump to any position to which he/she is qualified at the time (in their category)
and in which the present employee has less bargaining unit seniority. The bumped
person may bump in turn in the same manner. The County shall issue a written notice
of the action being taken,and the initially and subsequently bumped employees shall
have five (5) working days to indicate their decision. If the employee previously
held the affected position, he or she shall be permitted a 30 working day trial period
to manifest satisfactory performance after which he or she shall be assigned in the
position. If he or she is unable to manifest satisfactory performance, he or she
may exercise any additional bumping rights his or her seniority and qualifications
allow.
25.2.2 If the layoff results in a Category 2 employee being laid off who has Category 1
seniority(must have worked in a position in that group) said employee shall have the
option of being laid off or bumping a Category 1 employee who has less seniority.
Should the Category 2 employee bump into Category 1 said employee's seniority shall
be dovetailed.
25.2.3 Layoff notices shall be in writing and shall be provided to an affected employee and
the Guild at least thirty(30) calendar days in advance of the layoff date.
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25.2.3 For layoff purposes,the Work Group Category shall be as follows:
a) Category 2:
a. Accountant
b) Category 1:
a. Support Technician II
b. Support Technician I
c) Category A:
a. DEM Planner
Refer to Section 2.4 regarding this position
25.3 Recall
25.3.1 Employees laid off shall be placed on a recall list for twelve (12) months, and shall
be recalled in the reverse order in which they were laid off.
25.3.2 Recall to Former Position. If the specific position formerly held by a laid off employee
is reopened during that 12-month period, then that employee will be recalled to
fill that position. This provision will also apply in situations in which the restored
position has been reorganized, but retains substantially the same skills and duties as
the former position. Employees on the recall list shall also be entitled to open positions
that they previously held.
25.3.3 Recall Within the Bargaining Unit. When new positions are opened within the
bargaining unit, current employees shall have priority over employees on the recall
list, but qualified employees, as defined by the employer, on the recall list shall have
priority over external applicants. Seniority shall apply in this situation as described in
25.3.2 above length of service with this Employer in a position within the bargaining
unit. Continuous length of service shall be broken if the employee is terminated,
quits, accepts a leave of absence exceeding 180 days. or is on layoff status
exceeding 12 months.
25.4 Vacancies-When a vacancy occurs within this bargaining unit,an existing qualified employee
may submit an application for the position and shall be considered prior to any outside
applicants and prior to employees on the recall list who have not held the vacant position
previously. The application shall be submitted within the time lines set forth in the written
posting of the job opening. The hiring decision and determination of an employee's
qualifications for a particular position shall be within the sole discretion of the Employer.
25.4.1 Subject to the Civil Service Rule of 3, Seniority shall prevail in the case of
promotions and newly created jobs when job knowledge, past performance and
competency are equal.
26.0 GRIEVANCE PROCEDURE
26.1 Definition: For purposes of this Article, a grievance is defined as a dispute or complaint
arising under and during the term of this Agreement, raised by an employee or the Guild,
involving an alleged misapplication of an express provision of this Agreement. This grievance
procedure shall be the exclusive means for resolving such grievances.
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26.2 Timeliness: 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.
26.3 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 Guild submit
the same dispute to both the Civil Service Commission and the grievance procedure.
26.4 Steps
26.4.1 Step One: The Guild, on behalf of the aggrieved 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 facts giving
rise to the grievance, the section(s) of the Agreement allegedly violated, and the
remedy sought. The Undersheriff shall meet with the grievant and appropriate Guild
representative(s), and thereafter respond to the grievance in writing within fourteen
(14) calendar days of its receipt.
26.4.2 Step Two: Should Step One fail to resolve the grievance, the Guild shall. within
fourteen (14) calendar days after receipt of the Undersheriffs response, submit the
grievance in writing to the Sheriff. The Sheriff shall meet with the grievant and
appropriate Guild representative(s). and thereafter respond in writing within fourteen
(14) calendar days following receipt of the Guild's grievance.
26.4.3 Step Three: Should Step Two fail to resolve the grievance, the Guild shall, within
fourteen (14) calendar days after the Guild's receipt of the Sheriffs or designee's
decision, give written notice to the Employer of its intent to submit the grievance to
arbitration.
26.4.3.1 Within fourteen (14)calendar days of the Employer's receipt of the Guild's
request to arbitrate, a representative of the Guild and a representative of
the Employer shall meet and attempt to agree on a neutral arbitrator. If
unable to reach agreement. they shall request a list of eleven (11)
arbitrators from the Federal Mediation and Conciliation Service
("FMCS") or the Public Employee Relations Commission (PERC). The list
shall be limited to arbitrators who are members of the National Academy
of Arbitrators from Washington State. Within fourteen (14) calendar
days following the receipt of the list of eligible arbitrators. the parties or
their representatives shall meet to select an arbitrator. The parties shall
each strike five arbitrators from the list in an alternating order, and the
remaining arbitrator shall hear the dispute. The party exercising the first
strike shall be the loser of a flip of a coin.
26.4.3.2 The arbitrator shall have no power to render a decision that will add to,
subtract from. or alter, change, or modify the terms of this Agreement, and
his power shall be limited to interpretation of application of the express
terms of this Agreement, and all other matters shall be excluded from
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arbitration.
26.4.3.3 The arbitration 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.
26.4.3.4 The decision of the arbitrator shall be final, conciisive and binding upon
the Employer, the Guild and the employees involved, provided the
decision does not involve or require action by the Employer w h i c h
is beyond the arbitrator's jurisdiction. If the Employer claims that
the award is beyond the arbitrator's jurisdiction. the matter shall be
resubmitted to the arbitrator for reconsideration. The Employer shall have
a right of judicial review on the issue of jurisdiction if the arbitrator does not
grant reconsideration of the jurisdiction issue.
26.4.3.5 Each party shall bear its own costs associated with the arbitration,
including its attorney's fees, and shall pay one-half of the cost of the
arbitrator.
26.4.3.6 The arbitrator's decision shall be made in writing and shall be issued to
the parties.
26.4.3.7 Arbitration awards or grievance settlements shall not be made retroactive
prior to the date of the occurrence or non-occurrence upon which the
grievance is based.
27.0 CIVIL SERVICE CONFLICT
27.1 With respect to questions of hiring,retention, promotion,demotion and termination, 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 the collective bargaining
agreement shall prevail.
27.2 The bumping rights provisions contained in Article 25 of this collective bargaining agreement
shall prevail, if deemed to conflict with Civil Service rules or regulations,
28.0 BARGAINING UNIT WORK
28.1 The Employer shall use temporary/casual employees or volunteers only to supplement
rather than to supplant the work currently performed by employees in positions in this
bargaining unit. Department of Labor and Industries"trainees"shall be permitted to be used
by the Employer so long as such use does not cause a loss of a job position within this
bargaining unit.
28.2 The Employer may contract out work which could be performed by the bargaining unit so
long as such contracting of work does not directly cause the loss of an existing job
position.
29.0 IMMUNIZATIONS
29.1 Employees whose job duties cause them to come in contact with blood borne pathogens,
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shall be provided with Hepatitis B immunization, in accordance with Blood Borne
Pathogens Standards, to be paid for by the Employer.
29.2 Such employees shall be provided with the blood borne pathogens safety equipment as
required by state or federal law.
29.3 Employees who may be at risk of job related infection shall be trained in blood borne
pathogen protection.
30.0 SEVERABILITY
30.1 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 may be
immediately re-opened by either party pertaining only to that portion which is held contrary
to law.
31.0 SUCCESSOR AGREEMENT
31.1 Should either party to this Agreement wish to initiate collective bargaining over a successor
agreement, notification shall be mailed to the authorized party's signatory to the Agreement
not later than September 15th of the calendar year prior to the calendar year during which
such changes or reopener provisions are to be effective.
32.0 CIVIL LIABILITY
32.1 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.
32.2 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.
32.3 As used in this Article 32,the term employee includes a former employee of Lewis County.
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33.0 EFFECTIVE DATE AND DURATION OF AGREEMENT
33 1 This Agreement shall be effective January 01, 2020 and shall remain in full force and effect
to and through the 31st day of December, 2022
Sheriffs Support Services Guild. BOARD OF COUNTY COMMISSIONERS
5ta?il
Gary tam er, Chairman
Edn; J Fund,Go--ehar - ie --
Date. aV5A10
Rob-- C Jackson, Commissioner
Date /3/22D
t /
Robe Snaza, was- ounty Sheriff
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APPENDIX A
Seniority List
NAME 2015 CALL # ! D.O. Hire
ROWE. KATHY R40 ' 9/16/1985
BUDA, HELEN D R41 12/3/1989
ARTHUR, LISA R37 5/1/1991
PATTON, LINDA R42 8/28/1995
MATCHETT, TONJA R31 4/15/1996
TEITZEL. JENNIFER M R32 8/12/1996
HENSLEY, DEBRA R33 1/2/1997
KANGAS, JILL 1/1/2000
PULVER, LORI R34 1/22/2001
TORNOW, DONNA R43 11/6/2006
ROMINE, RAMONA R35 1/9/2007
MERCHANT, ROBIN R36 5/12/2008
LUPO. KARI R44 8/1/2012
SHIELDS, TAMIRA R45 8/27/2012
LUPO, SANDY R10 12/2/2013
PALMATEER, ELIZABETH L R46 10/6/2014
JACKSON, AMANDA L R47 6/1/2017
VAN WYCK, KELLIE L R48 2/5/2018
BOOKER-GODSEY, SARA M. R49 1/16/2020
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BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: Jan. 13, 2020
Suggested Wording for Agenda Item: Agenda Type: Deliberation
Resolution to Approve a Collective Bargaining Agreement Between Lewis County and the Sheriff's
Support Services Guild 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 Sheriff's
Support Services Guild for Calendar Years 2020-2022
Approvals: Publication Requirements:
Publications:
User Status The Chronicle
PA's Office Pending
Additional Copies: Cover Letter To:
Suzette Smith, Kayla Reynolds, Steve Walton,
Wes Rethwill