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CBA the Association of Deputy Prosecuting Attorneys for Calendar Year 2020 II BEFORE THE BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON IN THE MATTER OF RESOLUTION NO 20-067 APPROVE A COLLECTIVE BARGAINING AGREEMENT BETWEEN LEWIS COUNTY & THE ASSOCIATION OF LEWIS COUNTY DEPUTY PROSECUTING ATTORNEYS FOR CALENDAR YEAR 2020 WHEREAS, the Lewis County Board of County Commissioners (BOCC) has reviewed a Collective Bargaining Agreement between the Association of Lewis County Deputy Prosecuting Attorneys and Lewis County, 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 Collective Bargaining Agreement between the Association of Lewis County Deputy Prosecuting Attorneys and Lewis County is approved and the BOCC is authorized to sign the same DONE IN OPEN SESSION this 24th day of February, 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. .4.sww� Fwgs, ,�,• Edna J . Fund Edna J Fund, Vice Chair •Rieva Lester Robert C . Jackson Rieva Lester, Robert C Jackson, Commissioner Clerk of the Lewis County Board of County Commissioners 01/01/2020-12/31/2020 Collective Bargaining Agreement between• ASSOCIATION OF LEWIS COUNTY DEPUTY PROSECUTING ATTORNEYS — and — the LEWIS COUNTY PROSECUTING ATTORNEY and LEWIS COUNTY Association of Lewis County DPAs & Lewis County 01/01/2020-12/31/2020 CBA Page 1 of 28 TABLE OF CONTENTS Preamble 3 Article 1 Purpose and Goal 3 Article 2 Definitions and Construction 3 Article 3 Recognition 5 Article 4 Association Security 5 Article 5 Management Rights 8 Article 6 Work Stoppages Prohibited 10 Article 7 Maintenance of Deputies' Rights to Practice Law 11 Article 8 Miscellaneous 13 Article 9 Days of Work and Holidays 15 Article 10 Annual Leave 16 Article 11 Bereavement Leave 18 Article 12 Sick Leave 18 Article 13 Compensation 19 Article 14 Benefits 20 Article 15 Grievance Procedure 21 Article 16 Term 23 Article 17 Discipline and Personnel Files 23 Article 18 Severability, Choice of Law, and Venue 24 Article 19 Duration 24 Article 20 Classification and Wages 24 Association of Lewis County DPAs & Lewis County 01/01/2020-12/31/2020 CBA Page 2 of 28 Preamble It is mutually agreed that the Employer and the Association shall work together to encourage high standards of excellence, professionalism, and dedication to service and improve working conditions and morale in the Prosecuting Attorney's Office to enable the Prosecuting Attorney to efficiently and effectively fulfill his duties and responsibilities Article 1• Purpose and Goal 1 1 Purpose The purpose of this Agreement is to set forth the wages, hours, and work- ing conditions of those persons licensed to practice law in the State of Washington who have been deputized by the Lewis County Prosecuting Attorney pursuant to RCW 36 27 040, and for whom the Association has been recognized by the Wash- ington Public Employment Relations Commission in its case 25637-E-13-3787 as the bargaining agent 1 2 Goals It is the goal of the Lewis County Prosecuting Attorney's Office, Lewis County, and members of the Association, to maintain a qualified staff of career dep- uty prosecuting attorneys who are dedicated to public service The parties have a desire to reach and maintain this goal by establishing commensurate salaries for the members that are based upon, in no particular order experience, performance of duties, and tenure The Prosecutor and Employer recognize that deputy prosecuting attorneys have educational requirements that no other County employee is required to have in order to perform their jobs (absent member of the judiciary), specifically a Juris doctorate degree The Prosecutor and Employer recognize the time, commit- ment, and expense incurred to deputy prosecutors which separates them, for pur- poses of the Agreement, from other County employees' agreements In addition, the Prosecutor and Employer recognize that Deputies are considered exempt em- ployees for purposes of FLSA and the Minimum Wage Act and Deputies in the Crim- inal Division (covered by this Agreement) frequently work many hours in excess of normal business hours of operation to prepare cases without overtime, compensa- tory time, or other remuneration Article 2• Definitions and Construction 2 1 Definitions In this Agreement the following terms bear the meanings herein below ascribed to each, for all purposes — "Agreement" means this collective bargaining agreement "Association" means the Association of Lewis County Deputy Prosecuting Attor- neys Association of Lewis County DPAs & Lewis County 01/01/2020-12/31/2020 CBA Page 3 of 28 "Day" means calendar day "Deputy" means a Lewis County Deputy Prosecuting Attorney who is a member of the bargaining unit described in Section 4 1 below "Employer" means Lewis County, for purposes of matters relating to wages and hours, and, for purposes of matters relating to working conditions, Employer means the Lewis County Prosecuting Attorney "Fair share fee" means the monetary payments anticipated by RCW 41 56 122 "Layoff' means the separation from employment of a Deputy other than in circum- stances in which the Employer alleges wrongdoing or misconduct by the Deputy "Non-pecuniary member of the Deputy's household" means a person who — (a) ordinarily resides under the same roof as the Deputy for not less than 100 days each year, and (b) is permitted to reside in the household primarily for reasons other than his or her monetary contribution to household expenses, and who is not a domestic worker, groundskeeper, watchman, or like employee of the Dep- uty or of the Deputy's household "Office" means the Lewis County Prosecuting Attorney's Office "Office Administrator" includes the person who temporarily has assumed the duties of the Office Administrator, in the absence of the Office Administrator from the Office "Party" means (a) the Association of Lewis County Deputy Prosecuting Attorneys, and (b) Lewis County (acting by and through its Board of County Commissioners), and the Lewis County Prosecuting Attorney "Probationary Employee" means a full-time or part-time employee who has not yet completed his or her six (6) consecutive month probationary period A probation- ary employee shall be considered an "at will" employee during his or her proba- tionary period "Prosecuting Attorney" means the elected Prosecuting Attorney of Lewis County The terms wages, hours, and working conditions bear the meanings afforded each of them under the Public Employees Collective Bargaining Act, RCW Ch 41 56, as construed by reported case law and by decisions of the Washington Public Em- ployment Relations Commission Association of Lewis County DPAs & Lewis County 01/01/2020-12/31/2020 CBA Page 4 of 28 2 2 Computation of time Time shall be computed in accordance with Civil Rule (CR) 6 Article 3 Recognition 3 1 The bargaining unit defined The Employer recognizes the Association as the exclu- sive representative for purposes of collective bargaining of all full-time and regular part- time Criminal Deputy Prosecuting Attorneys of the Lewis County Prosecutor's Office, ex- cluding supervisors, confidential employees, employees who handle support enforcement matters, and all other employees 3 2 Matters not specifically addressed by this Agreement shall be governed by County policies and/or Prosecuting Attorney Office guidelines as they currently exist and/or may be amended 3 3 With respect to proposed changes and/or amendments to County policies and/or Prosecuting Attorney Office guidelines, the County and/or the Prosecuting Attorney's Of- fice will notify the Association, in writing, of proposed changes and/or amendments Upon receipt of such written notice from the County and/or the Prosecuting Attorney's Office, the Association will have twenty-one (21) calendar days to notify the County, in writing, whether the Association will demand to bargain the proposed change and/or amendment as a change or amendment associated with mandatory subject of bargaining and/or a change or amendment that has a mandatory effect that must be bargained Article 4. Association Security 4.1 Employees eligible to be covered by this Agreement are Deputy Prosecuting Attor- neys that are principally assigned to the Criminal Division of the Prosecuting Attorney's Office Membership or non- membership in the Association shall be wholly voluntary and the individual choice of employees covered by this Agreement Any employee who is a member of the Association or who has applied for membership shall sign and deliver to the Association, who shall forward to the County, an original assignment authorizing and consenting to the deduction of dues, fees, costs, charges, and assessments for member- ship in the Association Such authorization shall continue in effect from year to year un- less revoked or changed in writing with thirty (30) days' notice to the Association and County Employees who are not members of the Association may make voluntary pay- ments to the Association by means of payroll deduction by providing written consent to the County Such payment amounts are those authorized by the employee 4 2 Use of County Resources/Association Activities The County and the Prosecuting Attorney agree that on its premises, the Association Officers are authorized to represent the Association and shall be allowed to Association of Lewis County DPAs & Lewis County 01/01/2020-12/31/2020 CBA Page 5 of 28 a Post official current and timely Association business on office bulletin boards b Use one folder on the Prosecuting Attorney's common drive The folder shall be designated as "ALCDPA Bulletin Board" and may be used by the Associa- tion to keep collective bargaining agreements, association by-laws, and meet- ing announcements c Use email for the purpose of announcing the date, time, and location of Asso- ciation meetings All County email is subject to public disclosure d The Association may conduct business with the County via the County's email system e Have reasonable access to work areas and on-duty time to conduct grievance investigations and have access to personnel files according to applicable laws and express written approval by the aggrieved Deputy For the purpose of negotiations, two (2) representatives will be allowed on-duty time to participate f Use of County facilities for Association meetings g Place a locked ballot collection box near the Association bulletin board for se- cret balloting, providing its presence does not interfere with the operations of the Prosecutor's Office Employees may cast a vote into the box during work hours, but the processing of the ballots shall occur during non-work hours 4 3 Cost of Agreement The Employer shall provide copies to new hires Represented employees and new hires may opt to receive their copy in electronic format 4 4 Access to Workplace Association representatives may, after informing the appropri- ate management representative, visit the work location of employees covered by this Agreement Access shall be allowed provided it does not disrupt the regular work activi- ties of employees or the Office The Association, or it legal counsel, shall be permitted access to Association-represented employee personnel files, and any access granted shall be limited as set forth in this Agreement 4 5 Negotiation Time. Employee officers and/or stewards of the Association shall be allowed reasonable release time without loss of pay for the purposes of meetings with the Employer for collective bargaining, grievances, or disciplinary hearings, or such other le- gitimate Association activities Nothing in this Agreement shall be construed to require employees to receive compensation from the Employer for representation activities oc- curring outside of the employee's regularly scheduled work hours or for such time to be counted as time worked for overtime of flex-time calculation Except as provided for in this Agreement or as provided by law, County equipment and work hours shall not be used by officers, employees or business representatives for solicitation of Association membership, collection or checking of dues, Association meetings, or other activities re- lating to the internal business of the Association Association of Lewis County DPAs & Lewis County 01/01/2020-12/31/2020 CBA Page 6 of 28 4 5 1 Employee Association representatives shall be allowed one (1) hour of re- lease time preceding or following meetings with the Employer for preparation/de- briefing activities 4 5 2 Release time for arbitration or PERC hearings shall be limited to the gnevant/appellant, Association witnesses, and one (1) Association officer Asso- ciation witnesses shall be allowed to attend for as long as their presence is required in relation to their testimony Article 5 Management Rights 5 1 Rights and responsibilities generally The Prosecuting Attorney retains and reserves all powers and full authority to manage the operations of his Office in the manner which he deems to be the most effective, as a matter of his sole and exclusive right and prerog- ative, in accordance with applicable laws and regulations, subject only to the limitations expressly stated in this Agreement 5 2 Inconsistent practices excluded No right set forth in this Article 5 shall in any way be derogated from or abridged by an inconsistent practice, regardless of whether such practice predates or postdates this Agreement 5 3 Enumeration of rights Such management prerogative shall encompass, but shall not be limited to, the right to do the following 5 3 1 Direct, plan, control, and determine the operations and services of the Office, and to modify, add to, curtail, or eliminate any of its operations or services at any time 5 3 2 Supervise Deputies, assign tasks and responsibilities to Deputies, effect non-disciplinary reassignments and transfers of Deputies between units and divi- sions of the Office, and otherwise direct Deputies 5 3 3 Discipline Deputies, including, without limitation, admonishing, reprimanding, transferring, demoting, suspending (whether with or without pay), or terminating Deputies 5 3 4 Install new equipment, adopt new software or systems, and require Deputies to become familiar with and to utilize such equipment, software and systems fully and properly Association of Lewis County DPAs & Lewis County 01/01/2020-12/31/2020 CBA Page 7 of 28 5 3 5 Establish qualifications for employment of Deputies, employ Deputies at any rank, establish qualifications for promotions, promote Deputies, establish qualifi- cations for specific assignments, and assign Deputies to duties and positions within the Office 5 3 6 Schedule and assign work 5 3 7 Appoint and terminate the assignment of lead workers 5 3 8 Set days and hours of work 5 3 9 Establish and modify performance standards for Deputies generally, and for Deputies in specific positions and assignments within the Office 5 3 10 Establish and enforce codes of conduct governing Deputies in the course and scope of their employment, and reasonably governing Deputies outside of the course and scope of their employment, and to change and modify such codes 5 3 11 Determine the methods, means, and organization through which the oper- ations of the Office are to be performed 5 3 12 Appoint Special Deputy Prosecuting Attorneys, in accordance with the laws of the State of Washington 5 3 13 Contract work out, whether to other prosecuting attorney offices or to mem- bers of the private bar 5 3 14 Make, modify, and enforce any and all reasonable rules and regulations 5 3 15 Terminate the employment of Deputies 5 4 Continuity of operations As in the scheduling of their normal work, Deputies are expected to be available during emergency situations of a catastrophic nature which af- fect the general operations of Lewis County, including but not limited to conflagration, volcanic eruption, earthquake, flood, pandemic, terrorism, or riot Deputies may be as- signed tasks other than their usual job duties to help maintain and safeguard essential governmental functions, services, and infrastructure The Employer may reassign Depu- ties to critical services, irrespective of bargaining unit status 5 5 Hiring and promotion The Prosecuting Attorney, as a matter of his sole and exclusive discretion, retains the right to hire and promote Deputies to fill any position within the office that Deputy is qualified for The hiring or promoting of a Deputy shall be made within the salary schedule set out in this Agreement Association of Lewis County DPAs & Lewis County 01/01/2020-12/31/2020 CBA Page 8 of 28 5 5 1 Deput i es are at will employees of the Prosecuting Attorney, notwithstanding this Agreement nor any provision thereof 5 6 Use of interns The Employer may employ seasonal, part-time, or full-time interns 5 6 1 Duties. Interns may be assigned to assist Deputies, or to perform tasks normally performed by Deputies but which can lawfully be performed by persons not licensed to practice law in the State of Washington Additionally, those interns qualified under Admission to Practice Rule 9 may be assigned all duties consistent with that Rule 5 6 2 Qualified persons Persons qualified by education, training, or experience may be hired as interns, including (a) Students enrolled in an accredited law school (b) Persons enrolled in the Law Clerk Program of the Washington State Bar Association (c) Graduates of an accredited law school who have a bona fide intention to take the Washington bar examination, or otherwise to seek Washington bar admission, within the coming 18 months (d) University or college graduates accepted for enrollment in an accredited law school (e) University or college students who intend to seek law school admission, and who have completed at least two years of post-secondary education 5 7 Contracting Out When the Prosecuting Attorney or designee determines that a need exists to fulfill the mission of the Prosecuting Attorney's Office, the County may contract or subcontract work as may be deemed appropriate by the Prosecuting Attorney, where work to be contracted or subcontracted from the bargaining unit is performed by a Special Prosecutor, a visiting Prosecuting Attorney, or an Assistant Attorney General 5 8 Non-waiver The Employer's failure to exercise any right or prerogative reserved to it, or the Employer's waiver thereof in a particular way, shall not be considered a waiver of any of its rights or prerogatives, nor preclude it from exercising the same in any future instance Article 6. Work Stoppages Prohibited 6 1 No work stoppage The parties recognize and agree that the public interest abso- lutely requires the uninterrupted and efficient performance of all functions of the Office Association of Lewis County DPAs & Lewis County 01/01/2020-12/31/2020 CBA Page 9 of 28 Specifically, the Association shall not cause, permit, condone, or in any way be party to any work stoppage (including any strike, sympathy strike, refusal to cross a picket line, slowdown, refusal to perform any customarily assigned duties, sick leave absence which is not bona fide, or other interference with the functions of the Office) Should any work stoppage occur, the Association shall, forthwith, take all necessary steps to end such interference Any concerted activity by Deputies shall be deemed a work stoppage if it causes or contributes to the interruption of or hindrance to any function of the Office 6 2 Duty of the Association Upon notification in writing from the Prosecutor or his de- signee that any of its members are engaged in a work stoppage, the Association shall, forthwith and in writing, order such members to cease and desist therefrom, and shall provide the Prosecuting Attorney with a copy of such order 6 3 Penalty A Deputy's commission of an act prohibited by this Agreement shall be grounds for termination of that person's employment, regardless of the presence of any mitigating factors This section shall not be construed as a limitation upon the plenary prerogative of the Prosecutor to terminate Deputies Article 7. Maintenance of Deputies' Rights to Practice Law 7 1 Bar dues and conduct rules 7 1 1 The Employer shall, at its option, either pay each Deputy's annual bar dues to the Washington State Bar Association on the Deputy's behalf, or cause the Dep- uty to be reimbursed for the amount of the bar dues he pays The Employer also shall pay the application fee, if such a fee is required to enable a newly hired Dep- uty to join the Washington State Bar Association 7 1 2 Deputies shall at all times honor their oaths of office as attorneys and as Deputy Prosecuting Attorneys, and comply with all obligations imposed upon them by the Washington Rules of Professional Conduct 7 2 Limitation The Employer is not required to pay any optional Washington State Bar Association assessment or contribution 7 3 Repayment by Deputy Should a Deputy's employment terminate for any reason other than a layoff, the Employer may require the Deputy to reimburse it pro rata for the dues payment for the remainder of the year 7 4 MCLE requirements Association of Lewis County DPAs & Lewis County 01/01/2020-12/31/2020 CBA Page 10 of 28 7 4 1 The Employer shall provide each Deputy with the opportunity to attend suf- ficient units of accredited continuing legal education classes to enable the Deputy to satisfy the mandatory continuing legal education requirements of the Washing- ton State Bar Association 7 4 2 While the Deputy's field of practice, interests and preferences shall be con- sidered, the Employer retains the right to select classes and dates of attendance 7 4 3 The Employer shall pay all expenses which arise out of or necessarily relate to a Deputy's attendance at such classes, such as — (a) tuition and (b) travel and meal expenses (i) Travel and meal expenses for attendance at sessions sponsored by the Washington Association of Prosecuting Attorneys shall be paid at the rate set by Lewis County Travel Policy, travel and meal expenses for other MCLE's shall be paid according to Lewis County Travel Policy 7 4 4 The Employer may utilize accredited on-line or in-house MCLE classes to satisfy its obligation under this Agreement 7 5 Bar disciplinary proceedings In the event that a Deputy is the subject of a bar com- plaint or disciplinary proceeding the Prosecuting Attorney shall provide the Deputy with legal counsel in that matter, provided that— 7 5 1 the conduct giving rise to the complaint arose out of or related to the Deputy's employment with the Office, and 7 5 2 the conduct was consistent with established policies and procedures of the Office, or with the instructions of the Deputy's supervisor Ordinarily, internal counsel will be appointed from within the Office 7 6 Judicial sanctions In the event that a monetary sanction is imposed against a Dep- uty, the following provisions and procedure shall govern 7 6 1 The Deputy shall notify his supervisor forthwith, and in no event later than the morning of the business day immediately following the Deputy's receipt of no- tice of the sanction Association of Lewis County DPAs & Lewis County 01/01/2020-12/31/2020 CBA Page 11 of 28 7 6 2 The Deputy shall provide his supervisor with a copy of the order imposing the sanction, and with a written report fully detailing the circumstances giving rise to the imposition of the sanction 7 6 3 The Prosecuting Attorney or his designee shall determine, in his sole and exclusive judgment and discretion, whether the Deputy's conduct giving rise to the monetary sanction arose within the course and scope of the Deputy's employment 7 6 4 The Prosecuting Attorney or his designee also shall determine, in his sole and exclusive judgment and discretion, whether the conduct giving rise to the mon- etary sanction was reasonable 7 6 5 If it is determined that the conduct arose in whole or in part within the course and scope of the Deputy's employment, and that the Deputy's conduct was rea- sonable, then, unless the Employer is prohibited from doing so by order of a court of competent jurisdiction, the Employer shall pay such portion of the monetary sanction as relates to work-related actions and was reasonable Additionally, the Prosecuting Attorney shall provide the Deputy with legal counsel in any subse- quent proceeding or matter relating to such sanction Article 8• Miscellaneous 8 1 Employer-mandated training The Prosecuting Attorney may direct Deputies to at- tend work-relevant training sessions, at the Employer's expense 8 2 Optional training The Prosecuting Attorney may permit Deputies to attend non- mandatory training sessions 8 3 Jury duty Deputies shall be granted time off for serving on juries in accordance with applicable Lewis County policy 8 4 Employer policies Deputies also shall familiarize themselves with and comply with all policies hereafter promulgated by the Prosecuting Attorney and which are not in con- flict with the terms of this Agreement 8 4 1 Subject to the following, the Prosecuting Attorney has adopted the County's Travel Policy 8 4 1 1 A County motor pool vehicle normally will be made available when a Dep- uty is required to undertake business travel In any instance in which the Office Manager has established that a pool car is not available, a Deputy will be reim- bursed for use of his or her personally owned vehicle ("POV') at the then-current IRS Standard Mileage Rate for Business Travel -8 4 1 2 Deputies normally shall Association of Lewis County DPAs & Lewis County 01/01/2020-12/31/2020 CBA Page 12 of 28 travel together, rather than in multiple cars, when traveling to a common destina- tion unless approval is given by the elected or his designee 8 4 1 3 Should a Deputy elect to use a POV in preference to a pool car, he or she will be reimbursed at the then-current Business Travel Rate However, such reimbursement will not be allowed in situations addressed in 8 4 1 2 above 8 4 1 4 Mileage reimbursement is inclusive of all costs (including insurance) In the event of a collision or other incident occurring during business use of a POV, the Deputy will not be reimbursed for any insurance deductible, nor for any loss of any kind whatsoever arising out of or related to such collision or incident Accordingly, Deputies contemplating use of a POV are cautioned to verify that their own insur- ance policies offer coverage which they deem to be sufficient during business travel 8 5 Military leave Any employee who is a member of a military reserve force of the United States or of the State of Washington shall be entitled to and shall be granted mili- tary leave of absence from employment, not to exceed twenty-one (21) work days during each October 1 through September 30 Such leave shall be granted in order that the person may take part in active training duty in such manner and at such times as he or she may be ordered to active training duty Such military leave of absence shall be in addition to any vacation or sick leave to which the employee might be otherwise entitled, and shall not involve any loss of efficiency rating, privileges or pay (RCW 38 40 060) During the period of military leave, the employee shall receive from the Employer his or her normal pay 8 6 Safety concerns Deputies shall report all unsafe equipment, vehicles, or physical conditions in the workplace to the Prosecuting Attorney's Office Administrator, or to the Lewis County Safety Officer 8 7 Indemnity and defense The rights of Deputies to be indemnified for damage awards against themselves or their marital community and to be provided with a legal defense if sued in matters related to their employment are set out in RCW 4 96 041 and BOCC Resolution 19-167 Upon a Deputy's request, the Prosecuting Attorney's Office Admin- istrator or the Lewis County Risk Management Office shall assist him or her in making such a request for an indemnity and a defense by Lewis County 8 8 Travel Time When an employee travels away from the office for any Employer re- quired, authorized, or assigned meeting, work obligation, or training, travel time to and Association of Lewis County DPAs & Lewis County 01/01/2020-12/31/2020 CBA Page 13 of 28 from the activity shall be considered work time in accordance with Lewis County Policy and FLSA 8 9 Personal Firearms Notwithstanding any other Lewis County policy, but subject to existing law, a Deputy Prosecuting Attorney who possesses a valid Concealed Weapons Permit or is otherwise qualified under Washington law to carry a firearm, may carry to and from, and possess a firearm in the Prosecuting Attorney's Office and/or in a vehicle (in- cluding a County vehicle) while on employer business so long as a the possession and use of said firearm for self-defense is at all times in compliance with Washington law, b the deputy's badge is worn in conjunction with the firearm so as not to cause alarm when going to/from the courthouse c the firearm is, at all times, discreetly concealed, d the firearm is secured out of view in the attorney's office in a suitable gun safe and removed when the attorney is not on duty in the office, e the employee provides a suitable gun safe for his/her personal weapon, and f the employee satisfactorily completes an annual qualification and certifica- tion process as prescribed by the Lewis County Sheriff's Office (LCSO) If the LCSO will not or cannot provide the necessary training, the employee shall satisfactorily complete the National Rifle Association's Basic Pistol Shooting Course or an equivalent course annually at his or her own expense prior to carrying a firearm in the workplace 8 10 Washington State Paid Family and Medical Leave (WSPFML) The Employer shall comply with requirements relating to Washington State Paid Family and Medical Leave (WSPFML) in accordance with state law Beginning January 1, 2020 the employee and employer shares of the WSPFML tax shall reflect the amount pre- scribed by the State The employee share of the premiums will be withheld by the Em- ployer and forwarded to the State in accordance with state law Article 9. Days of Work and Holidays 9 1 Work time Deputies are paid a salary and are expected to devote such time to their job duties as may be required in order to perform their duties in accordance with the highest standards of the legal profession Association of Lewis County DPAs & Lewis County 01/01/2020-12/31/2020 CBA Page 14 of 28 9 1 1 Deputies may be required, as a part of their ordinary job duties, to be avail- able out of normal business hours on a 24/7 basis for telephone consultation, for call-out, or for special duties 9 1 2 Deputies are exempt employees for purposes of the Fair Labor Standards Act, 29 USC §201 et seq Nonetheless, Deputies are encouraged to take ade- quate lunch breaks and other breaks 9 2 Normal business hours The official business hours of the Office are weekdays be- tween 8 00 a m and 5 00 p m (holidays excluded) Deputies are expected to be available as necessary during those hours to enable the Office to perform its usual or customary functions during throughout the business day 9 3 Employee benefits Deputies receive the following benefits of employment vacation leave, sick leave, and effective January 1, 2020, the maximum employer contributions in the amount of not more than $1250 00 per employee per month toward the premiums for defined medical, dental, and vision insurance premiums for themselves, their spouses or registered domestic partners, and their dependent children Deputies who are compen- sated for 80 or more hours of work in a calendar month shall receive 100% of the benefits defined in this Agreement Deputies who are compensated for fewer than 28 hours of work in a calendar month shall receive no benefits All other Deputies shall receive ben- efits pro rata 9 4 Holidays Deputies shall receive the following 10 paid days off (eight (8) hour work day) Holiday* Date of Observation New Year's Day 1st day of January in each year Martin Luther King's Birthday 3rd Monday in January of each year President's Day 3rd Monday in February of each year Memorial Day The last Monday in May of each year Independence Day 4th day of July in each year Labor Day 1st Monday of September in each year Veterans' Day 11th day of November in each year Thanksgiving 4th Thursday of November in each year Day After Thanksgiving 4th Friday of November in each year Christmas 25th day of December in each year *Whenever a holiday falls on a Sunday the following Monday shall be observed as the holiday, and any holiday falling on a Saturday shall be observed on the preceding Friday Association of Lewis County DPAs & Lewis County 01/01/2020-12/31/2020 CBA Page 15 of 28 9 5 Personal/Floating day Each Deputy also shall receive one additional paid day off each calendar year To this end, eight hours of leave will be added to the Deputy's bank of annual leave at the beginning of each year 9 6 Gubernatorial-declared special holiday Each Deputy also shall receive an additional paid day off work on any day declared by the Governor as a special holiday or day of special observation, provided that 9 6 1 It does not fall on a Saturday, on a Sunday, or on a holiday enumerated in this Article, 9 6 2 The majority of Washington State employees are to receive a day off with pay on that day, and 9 6 3 Neither the Superior Court of Washington for Lewis County nor the District Court of Washington for Lewis County will conduct regular business on that day (Historically, governors have declared such special holidays on the occasions of funerals of former presidents of the United States ) 9 7 Emergency closure Deputies shall perform necessary job duties without reporting to the Office in the event that the Prosecuting Attorney implements an emergency closure of the office Deputies shall continue to receive full pay and benefits should such closure last for seven days or less Deputies also shall continue to receive full pay and benefits if assigned job duties by the Prosecuting Attorney, in the event that such closure extends beyond seven days Article 10• Annual Leave 10 1 Annual leave Full-time Deputies shall accrue annual leave in accordance with the table contained in this section Months of Lewis Hours accrued Hours accrued County Service per month per year 0-12 8 50 102 13-24 9 00 108 25-36 9 50 114 37-48 10 00 120 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 Association of Lewis County DPAs & Lewis County 01/01/2020-12/31/2020 CBA Page 16 of 28 121-132 13 00 156 133-144 13 50 162 145-156 13 50 162 157-168 14 00 168 169-180 14 50 174 181-192 15 00 180 193-204 15 50 186 205-216 16 00 192 217-228 16 50 198 229+ 17 00 204 10 1 1 Miscellaneous Annual leave will be earned by part-time employees com- pensated for 28 hours or more of work, pro rata Annual leave will be accrued monthly A Deputy's accrued annual leave shall not be charged for partial-day absences The Prosecutor, in his sole and exclusive discretion, may give an em- ployee credit for employment as an attorney in the employ of another governmental entity when determining what annual leave accrual the employee should receive 10 2 New employees No annual leave may be used until an employee has completed six months of service as a Deputy 10 3 Extended annual leave Deputies desiring to take eleven or more days of annual leave in any period of two consecutive months shall, if reasonably possible, submit a leave request (or leave requests) at least three months in advance of the date on which they first wish to take such leave 10 4 Leave requests Requests to schedule annual leave shall be made on a form pro- vided by the Office While the Office will attempt to honor leave requests, leave requests may be denied in whole or in part if, in the discretion of the Prosecuting Attorney, they stand to hamper the efficient and orderly operation of the Office 10 5 Leave accrual Deputies may accrue annual leave up to a maximum of two (2) times their annual accrual rate (see table above) Holidays occurring during an employee's annual leave shall not be counted against the accrued annual leave balance Part-time or job-share employees shall be credited with vacation on a pro-rata basis based upon the ratio of their assigned schedule to full-time (forty (40)-hour) employment 10 5 1 Upon separation from employment after the first six months of employment by the Office, a Deputy (or, in the event of a Deputy's death, his estate or desig- nated beneficiary) shall be paid the value of all accrued annual leave 10 5 2 Beneficiary designation shall be made upon the form available at the time of designation from the Lewis County Association of Lewis County DPAs & Lewis County 01/01/2020-12/31/2020 CBA Page 17 of 28 10 5 3 Excess annual leave Any Deputy who has exceeded the maximum num- ber of leave hours he or she can accrue shall take the excess time off from work to lower the accrued number of hours below the maximum accrual figure 10 6 Donation of Annual Leave A Deputy may donate annual leave to another eligible County employee in accordance with Lewis County policy Article 11 Bereavement Leave 11 1 Triggering event A bereavement leave of up to three working days may be taken, upon prior notice to the Office Administrator, and in the event of the death of a Deputy's spouse, child, parent, spouse's parent, grandparent, sibling, or spouse's sibling, or non- pecuniary resident of the Deputy's household 11 2 Extended bereavement leave A deputy may use accumulated annual leave or sick leave, as necessary and as approved by the Prosecuting Attorney— (a) to take further time away from work due to bereavement, or (b) to settle the estate and the legal affairs of a deceased related to the Deputy Article 12 Sick Leave 12 1 With each month of completed continuous employment with Employer, sick leave shall be accrued by each full-time employee at the rate of eight (8) hours When an employee has accrued sick leave in excess of thirteen hundred twenty (1320) hours at the end of the calendar year, the employee's accrued sick leave shall revert to thirteen hundred twenty (1320) hours as of the first (1St) day of January of each calendar year 12 1 1 Part-time employees shall accrue monthly sick leave in the same manner as set forth above, except that a part-time employee's monthly accrual of sick leave shall be reduced in proportion to the number hours worked by the part-time employee com- pared to the number of hours worked by a full-time employee By way of example only, a part-time employee who works one hundred thirty (130) hours in a given month would accrue six (6) hours sick leave 12 1 2 Employees accruing sick leave shall be allowed to use their accrued sick leave for personal illness or for illness in their immediate family requiring the employee's attendance, in accordance with the terms hereof, state law, and/or federal law "Immedi- ate family" is defined as person related by blood, marriage, or legal adoption and includes only grandparents, parents (including biological, adoptive, de facto, or foster, step legal guardian of an employee, or a person who stood in loco parentis when the employee was Association of Lewis County DPAs & Lewis County 01/01/2020-12/31/2020 CBA Page 18 of 28 a minor child), the employee's spouse or registered domestic partner, brothers, sisters, children (including biological, adopted, or foster child, stepchild, or a child to whom the employee stands in loco parentis, is a legal guardian, or is a de facto parent, regardless of age or dependency status), grandchildren, mother-in-law, father-in-law, and any per- son who is a non-pecuniary resident of the employee's household 12 1 3 Employees shall be allowed to use sick leave for personal doctor or dental appointments or for appointments of immediate family members when the employee's presence is required and for any additional reasons as outlined in the Washington State Paid Sick Leave Law 12 1 4 Sick leave may be used in quarter hour increments An employee's sick leave cumulative accrual shall be posted within fourteen (14) days of the end of the cal- endar month 12 1 5 An employee who takes more than three (3) workdays sick leave for any one illness or three (3) consecutive sick leave days for self or for illness in the immediate family may be required to produce a letter from a physician verifying the illness or neces- sity of attendance 12 1 6 Employees on leave for an occupational injury or illness hall be allowed to supplement their time loss payment with accrued sick leave up to one hundred percent (100%) of the employee's regular salary 12 1 7 An employee who becomes ill while on vacation and requires medical at- tention or hospitalization may charge the time ill to accumulated sick leave in accordance with the terms hereof, state law, and/or federal law 12 1 8 Employees who transfer between departments of Lewis County shall be entitled to transfer accrued sick leave to succeeding County offices or departments 12 4 Other entitlements Federal and State laws, including the Family and Medical Leave Act may provide instances other than those set out above in which leave may be used 12 5 Sick leave payoutAny employee, except temporary, probationary, just cause termi- nations, or resignation in lieu of dismissal for cause upon separation from employment, shall receive remuneration at a rate equal to one (1) hour's current straight time mone- tary compensation of the employee for each two (2) hours of accrued sick leave, to a maximum of three hundred sixty (360) hours of pay In the case of the employee's death while in the employ of the Employer, the employee's designated beneficiary or es- tate shall receive the same benefits Beneficiary designation shall be made upon the form available at the time of designation from Lewis County In the event that an em- ployee is re-hired by the County within 12 months of having terminated employment Association of Lewis County DPAs & Lewis County 01/01/2020-12/31/2020 CBA Page 19 of 28 with the County, the number of hours which would be equivalent to the dollar value of any previous sick leave cash out shall not be restored upon re-hire Any sick leave hours restored to a re-hired employee shall have no cash value and shall be excluded from any subsequent cash out payment In addition, any sick leave hours restored to a re-hired employee shall be accounted for separately, and annual carry-over for all such restored sick leave hours shall be limited to forty (40) hours Article 13. Longevity 13.1 Longevity For each year of continuous service, beginning with the eighty-fifth (85th) month, with this Employer as measured by the employee's seniority date, the employee shall receive longevity pay as described below Months of County Service Amount added to Salary 7 years $ 42 00 per month After 8 years 48.00 per month After 9 years $ 54 00 per month After 10 years $ 60 00 per month and an additional $ 6.00 per month for each year after ten Article 14. Compensation 141 Salaries The salary schedule, which is set out in Article 20 to this Agreement, shall be in effect throughout the term of the Agreement The salary schedule may be amended m at any time by agreement of the p arties 14 1 1 Step increases Employees will receive a step increase every anniversary date The anniversary date for a step increase shall be the first day following com- pletion of one (1) year of employment and annually thereafter, except as otherwise provided in this contract Any increase in a Deputy's rate of pay shall be effective on the first working day immediately following completion of the applicable period of service If a Deputy is advanced to a higher step by the prosecutor, then the date of ad- vancement shall be the new anniversary date For the purpose of step increases and vacation accrual, employees hired the 1st- 15th of the month shall be recognized on the 1st of the hiring month, and those employees hired the 16th through the last day of the month shall be recognized on the 16th of the current month. Association of Lewis County DPAs & Lewis County 01/01/2020-12/31/2020 CBA Page 20 of 28 14 2 Pay day Pay day's will be the 10th and 25th of each month Compensation for time from the 1st of the month through the 15th shall be paid on the 25th, and compensation for time from the 16th through the end of the month shall be paid on the 10th of the following month Should the 10th or 25th fall on a non-work day, i e Saturday, Sunday, or Court- house Holiday, the payday shall be the first work day preceding the 10th or the 25th Earned overtime shall be subject to payment in the pay cycle the overtime was earned 14 3 Variation Upon 60 days prior written notice to the Association, the Employer may adopt a different monthly payday or paydays 14 4 Direct Deposit At the written request of an Association member, the County shall directly deposit Deputy paychecks to a financial institution 14 5 Promotions When an employee is promoted by the Prosecuting Attorney or from one grade to another (DPA I to DPA II, DPA II to DPA III, or DPA III to Sr DPA), the employee shall be placed at a salary step of the new classification that provides a mini- mum five percent (5%) salary increase Article 15• Benefits 15 1 Employer contribution The amount of the Employer's maximum contribution for the benefits described below shall be the sum set out Article 9 of this Agreement 15 2 Health and Dental Coverage Deputies may enroll themselves, their spouses or registered domestic partners, and their dependent minor children in the following Wash- ington Teamsters Welfare Trust insurance plans that are offered in accordance with Teamsters Trust rules Medical Plan C, Vision, and Dental Plan A Each Deputy may decline coverage, whether for himself or for herself, for his or her spouse, or for his or her dependent minor children 15 3 Cost of coverage Should the Employer's contribution be insufficient at any time to fully fund the premiums charged by the respective insurers for the coverage in which a Deputy or his family members are enrolled, the deficient amount shall be made up through a deduction by the Employer from the Deputy's salary The Employer will then remit the Employer/employee shared contribution 4 to the insurers 15 4 Prevention of lapse in coverage In the event that the Washington Teamsters Welfare Trust provides notice of its intention to cease to insure the Deputies in whole or in part, the parties shall proceed as follows 15 4 1 If time allows, the parties shall meet promptly to bargain successor insur- ance coverage Association of Lewis County DPAs & Lewis County 01/01/2020-12/31/2020 CBA Page 21 of 28 15 4 2 Otherwise (or if their bargaining is unsuccessful), and if the County is able to do so, the County shall enroll each Deputy in an insurance plan available to the County and to all of the Deputies through an insurer with which the County then obtains group health insurance for other of its employees The parties then shall bargain over the effects of this change 15 4 3 In either event, the Employer shall pay a sum per Deputy each month, the minimum amount as set out in Section 9 3 of this Agreement, as its contribution toward the Deputies' premiums for the successor insurance coverage Article 16 Grievance Procedure 16 1 Scope The procedure set out below shall be used to resolve all disputes arising from or relating to this Agreement It is the sole dispute resolution mechanism for all such disputes 16 1 1 All time periods set out in the Article may be extended only by mutual writ- ten consent of the parties 16 2 Step 1 — Chief Civil Deputy The Association shall submit any grievance in writing to the Chief Civil Deputy Prosecuting Attorney (or, in his absence to the Office Adminis- trator) 16 2 1 A grievance shall be so submitted within 14 days following the event giving rise to the grievance, or within 14 days following the date on which either the As- sociation or any affected Deputy learned or should have learned of such event If this requirement is not satisfied, the grievance shall be deemed to be waived 16 2 2 The Chief Civil Deputy shall submit a ruling to the Association within 14 days of receipt of the grievance 16 3 Step 2 — Prosecuting Attorney 16 3 1 Should the Association be dissatisfied with the ruling of the Chief Civil Dep- uty, it may then submit its grievance in writing to the Prosecuting Attorney within 14 days following its receipt of that ruling 16 3 2 If the grievance is not timely submitted to the Prosecuting Attorney, the grievance shall be deemed to be waived Association of Lewis County DPAs & Lewis County 01/01/2020-12/31/2020 CBA Page 22 of 28 16 3 3 With respect to any grievance going to working conditions, the decision of the Prosecuting Attorney shall be final It shall not be subject to further review under Step 3, as described immediately below 16 4 Step 3 — Grievance arbitration 16 4 1 No right to grievance arbitration exists with respect to grievances — (a) which relate in whole or in part to working conditions, as opposed to wages or to hours (as defined in section 15 1 below), or (b) arising prior to the effective date of this agreement, or after the ending date of this Agreement recited in section 16 2 below 16 4 2 Within 14 days of the Association's receipt of the Prosecuting Attorney's ruling, the Association may tender a written request to arbitrate to either the Chief Civil Deputy or to the Office Administrator (a) The parties' representatives then shall confer, and they shall attempt to agree upon a single neutral arbitrator (b) Should the parties be unable to agree upon an arbitrator, they shall request a list of 11 arbitrators from the Public Employment Relations Com- mission The parties shall then alternate striking names from this list The last individual whose name remains unstricken shall arbitrate the parties' dispute 16 4 3 The arbitration shall be conducted in accordance with such procedure as the arbitrator may adopt, consistent with the following (a) The arbitrator shall have no power to render an award, order, or other ruling which in any way varies or modifies the provisions of this Agreement (b) The arbitrator's jurisdiction shall be limited to interpreting and applying this Agreement No other matters shall be included within the arbitrator's jurisdiction (c) The written decision of the arbitrator shall be final, binding, and conclu- sive upon the Employer, the Association, and the Deputy involved (d) Each party shall bear the cost of presenting its own case, including its own attorney fees Association of Lewis County DPAs & Lewis County 01/01/2020-12/31/2020 CBA Page 23 of 28 (e) The parties shall share equally the arbitrator's fee, the attendance fee of a court reporter, and all related costs (including the arbitrator's charges for travel, meals, and lodging) Should either party order a transcript, the court reporter's fee for the transcript shall be borne by the party requesting it (f) The arbitrator shall have the authority to rule upon any objection or mo- tion to dismiss relating to the scope of his jurisdiction However, neither the existence nor the exercise of such authority shall in any way limit the ability of either party to seek an order compelling arbitration or an injunction to prohibit arbitration from a court of competent jurisdiction 16 4 4 No arbitration award or grievance settlement shall be made retroactive to a date prior to the occurrence or nonoccurrence of the last event giving rise to the grievance 16 5 The Employer and Association shall pay any compensation and expenses relating to its own witnesses or representatives If any party requests a stenographic record of a hearing, the cost of said record will be paid by the party requesting it If another party requests a copy, that party will pay one-half of the stenographic costs The fee and ex- penses of an arbitrator shall be borne equally to all parties Article 17• Term 17 1 Effective date This Agreement shall be in full force and effect as of 12 01 a m on January 1, 204620 , regardless of the day on which it is ratified by each of the following (a) the members of the Association, (b) the Board of County Commissioners of Lewis County, and (c) the Lewis County Prosecuting Attorney 17 2 Ending date This Agreement shall remain in effect through December 31, 2020 Article 18. Discipline and Personnel Files 18 1 The Prosecuting Attorney and the Association expressly acknowledge and recog- nize the unique status of deputies as lawyers and officers of the court As such, depu- ties shall be and remain members in good standing of the Washington State Bar Associ- ation and shall otherwise at all times comport themselves in conformity with their oath- based obligations and responsibilities, including those imposed by the rules of profes- sional conduct Association of Lewis County DPAs & Lewis County 01/01/2020-12/31/2020 CBA Page 24 of 28 18 1 2 When a successor Prosecuting Attorney-Elect is waiting to take office, any DPA may opt to voluntarily resign and receive the following severance a Payment of accrued and unused vacation, holiday, sick leave, and any other benefit that is eligible for pay-out 18 2 Personnel Files The content of files maintained by the Employer, related to an employee, and as described in RCW 49 12 250 shall be considered the personnel file and official record of an employee's service Employees shall be provided copies of all material to be included in their personnel file and shall have the right, upon request, to attach statements in rebuttal or explanation 18 3 Disciplinary Letters Disciplinary letters placed in an employee's personnel file shall be removed and no longer held against the employee after two (2) years A letter shall be stapled over the top of the disciplinary letter indicating the disposition of the dis- position and shall remain in the employee's file Article 19 Severability, Choice of Law, and Venue 19 1 Severability Should any provision of this Agreement be held unlawful and/or unen- forceable by any court of competent jurisdiction, or any administrative agency having ju- risdiction over the subject matter, or by subsequent legislation, such decision or legisla- tion shall apply only to the specific article, section, or portion thereof directly specified in the decision Upon the issuance of any decision, the Association will be notified of the resulting changes, and, upon request, the parties will meet to discuss the impact(s) and negotiate a successor for the invalidated section or portion All other portions of this Agreement and the Agreement as a whole shall continue without interruption for the term hereof 19 2 Choice of law All provisions of this Agreement shall be construed in accordance with the laws of the United States of America and of the State of Washington, excluding only Washington's choice of law rules 19 3 Venue Any action arising out of or relating to this Agreement shall be brought in the Superior Court of Washington for Thurston County, or in the United States District Court for the Western District of Washington at Tacoma Association of Lewis County DPAs & Lewis County 01/01/2020-12/31/2020 CBA Page 25 of 28 Article 20 Duration This Agreement shall be in full force and effect from January 1, 2020, through December 31, 2020, and shall continue in effect from year to year thereafter unless either party gives notice in writing at least 90 days prior to any expiration or modification date of its desire to terminate or modify such agreement Article 21• Classification and Wages Classifications Salary Grades Effective 1/1/18 DPA I 24 DPA II 27 DPA III 30 Senior DPA 34 Association of Lewis County DPAs & Lewis County 01/01/2020-12/31/2020 CBA Page 26 of 28 Effective January 1, 2020, Association members shall receive a (two) 2% base wage in- crease over the 2019 base wage Signed for and on behalf of the parties hereto on the dates inscribed below ASSOCIATION OF LE IS COUNTY DEPUTY PROSECUTING ATTORNEYS Paul Masiello, President =radley M=r-'-'• er, ice- resident •A Date Z - Z 7 z y , 2020 Silvia Inmescu, Secretary LEWIS COUNTY PROSECUTING ATTORNEY Date , 2020 Jonathan Mier, Prosecuting ttorney LEWIS COUNTY Association of Lewis County DPAs & Lewis County 01/01/2020-12/31/2020 CBA Page 27 of 28 Attest Gary Stamper, hair ieva Lester, Clerk dn- J Fund, ViiChai /g Ak._ Date fed , 2020 Rob- C Jackson, Commissioner •••cooUNTY••• •OF•s 4vs�• . ,G • SI SINCE ;o: .a ,z• 1845 �;•: • ;- •9sy, cofis�oo.: Association of Lewis County DPAs & Lewis County 01/01/2020-12/31/2020 CBA Page 28 of 28 BOCC AGENDA ITEM SUMMARY Resolution: BOCC Meeting Date: Feb 24, 2020 Suggested Wording for Agenda Item Agenda Type: Deliberation Approve a Collective Bargaining Agreement Between Lewis County & the Association of Lewis County Deputy Prosecuting Attorneys for Calendar Year 2020 Contact Daleyn Coleman Phone: 740-1408 Department: HR - Human Resources Description: Resolution to Approve a Collective Bargaining Agreement Between Lewis County & the Association of Lewis County Deputy Prosecuting Attorneys for Calendar Year 2020 Approvals: Publication Requirements: Publications User Status PA's Office Pending Additional Copies: Cover Letter To: Suzette Smith, Kayla Reynolds, Steve Walton, Janelle Kambich, Jonathan Meyer