Meeting Date: June 26, 2017 Agenda Item No:

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1 Meeting Date: June 26, 2017 Agenda Item No: Kitsap County Board of Commissioners Office/Department: Human Resources Department Staff Contact & Phone Number: Kate Cummings, Labor Relations Analyst, Agenda Item Title: Collective Bargaining Agreement (CBA) KC , Memorandum of Understanding (MOU) A between Kitsap County, Sheriff s Office and the Kitsap County Deputy Sheriffs Guild for settlement of the 2012 leave audit grievance. Recommended Action: Move that the Kitsap County Board of Commissioners execute MOU KC A between Kitsap County, Sheriff s Office and the Kitsap County Deputy Sheriffs Guild. Summary: The parties, Kitsap County, Sheriff s Office and the Kitsap County Deputy Sheriffs Guild, have bargained in good faith and agreed to settle a 2013 grievance filed by the Guild in relation to a 2012 leave audit conducted by the Sheriff s Office. This settlement returns a portion of annual leave, sick leave, and compensatory time lost by employees as a result of the 2012 leave audit. In exchange, the Guild shall consider any and all grievances relating to and arising from the 2012 leave audit to be fully and finally resolved. Attachments: 1. Memorandum of Understanding KC A Fiscal Impact for this Specific Action Expenditure required for this specific action: $57,842 (est. dollar value of leave hours returned to employees) Related Revenue for this specific action: None Cost Savings for this specific action: None Net Fiscal Impact: $57,842 Source of Funds: General (9404) Fiscal Impact for Total Project $57,842 Fiscal Impact (DAS) Review Departmental/Office Review & Coordination Department/Office Elected Official/Department Director Human Resources Department Labor Nancy Buonanno Relations Grennan Contract Number Date Original Contract or Amendment Approved Contract Information Amount of Original Contract Amendment Total Amount of Amended Contract KC /11/2016 $48,227 KC A Pending $57,842 $106,069

2 A. GENERAL INFORMATION Kitsap County CONTRACT REVIEW SHEET (Chapter 3.56 KCC) 1. Contractor Kitsap County Deputy Sheriffs Guild 2. Purpose Settle 2012 leave audit grievance 3. Contract Amount $57,842 Disburse X Receive 4. Contract Term 1/1/ /31/ Contract Administrator Kermit Wooden, Labor Relations Mgr. Phone Approved: Date Department Director B. AUDITOR ACCOUNTING INFORMATION 1. Contract Control Number KC A 2. Fund Name General 3. Payment from-revenue to CC/Account Nbr 9404.Various 4. Encumbered By Dave Schureman Date 6/7/2017 C. AUDITOR'S ACCOUNTING GRANTS REVIEW Signature required only if contract is grant funded 1. Approved Not Approved Reviewer N/A Date N/A 2. Comments: D. ADMINISTRATIVE SERVICES DEPARTMENT RISK MANAGER REVIEW 1. X Approved Not Approved Reviewer Anastasia Johnson Date 6/9/ Comments: Amendment Only E. ADMINISTRATIVE SERVICES DEPARTMENT BUDGET MANAGER REVIEW Signature required only if contract is for $50,000 or more, OR it will be signed by board of commissioners (regardless of dollar amount) 1. X Approved Not Approved Reviewer Aimée Campbell Date 6/9/ Comments: F. HUMAN RESOURCES DEPARTMENT HUMAN RESOURCES DIRECTOR REVIEW Signature required only if union or employment contract 1. Approved Not Approved Reviewer 2. Comments: G. PROSECUTING ATTORNEY REVIEW Date 1. X Approved as to Form Not Approved as to Form Reviewer Jacquelyn Aufderheide Date Comments: Comments provided to contract administrator. H. CERTIFICATION BY CONTRACT ADMINISTRATOR: THIS CONTRACT IS READY FOR CONSIDERATION BY THE AUTHORIZED CONTRACT SIGNER. (For contract signing authority, see KCC ) Contract Administrator: _Kermit Wooden Date Date Approved by Authorized Contract Signer: Date RETURN SIGNED ORIGINALS TO: Kate Cummings, LR, Ext. 4344

3 MEMORANDUM OF UNDERSTANDING By and Between KITSAP COUNTY And DEPUTY SHERIFFS GUILD KC A RE: Settlement of 2012 Leave Audit Grievance This Memorandum of Understanding is entered into by Kitsap County ( County ) and Kitsap County Deputy Sheriffs Guild ( Guild ). The parties mutually agree as follows: Background In 2012, when a Sheriff s Office employee retired, the Sheriff s Office discovered that his leave was not properly calculated. Upon further investigation, it appeared that other employees leave may not be correct as well. Consequently, the Sheriff s Office looked back three years for all Sheriff s Office employees. The audit revealed that some had been given too much leave, and others not enough. The leave amounts were corrected. On March 4, 2013, the Guild filed a Step 1 grievance, alleging that the County had unilaterally changed the annual, sick, and compensatory time off leave balances of Guild members. After proceeding through the grievance process, the parties filed for arbitration on April 27, Since that date, however, neither party has taken the necessary steps to move the grievance to arbitration. In order to settle this grievance and to avoid the uncertainty, time, and expense of arbitration proceedings and/or litigation, the parties agree to the following terms and conditions: 1. For purposes of this Memorandum of Understanding, the following definitions shall apply: a. Guild member will mean any employee who was a member of the Guild at the time the County undertook the 2012 leave audit and who is still employed with the County as of May 31, This definition excludes any individual who is currently a member of the Sheriff s Office nonrepresented management. b. Total Hours Lost will mean the total hours lost, collectively, by all Guild members as a result of the 2012 leave audit. This number will be KC A 1

4 determined based on information obtained from Kronos and the Leave Database during the 2012 leave audit. c. Total Hours Gained will mean the total hours gained, collectively, by all Guild members as a result of the 2012 leave audit. This number will be determined based on information obtained from Kronos and the Leave Database during the 2012 leave audit. d Pay Rate will mean the top step Deputy wage effective on January 16, e Pay Rate will mean the top step Deputy wage effective on January 11, The County will return a proportion of annual leave, sick leave, and compensatory time off hours, according to the formula in Section 3 below, to Guild members who lost leave as a result of the 2012 leave audit. For purposes of this Memorandum of Understanding, compensatory time hours will be calculated as annual leave hours and returned to employees as annual leave hours. 3. The following formula shall be used to calculate the percentage of hours to be returned, collectively, to all Guild members who lost leave as a result of the 2012 leave audit: Percentage of Total Hours to be Returned = ((Total Hours Lost Total Hours Gained) x 2012 Pay Rate) / 2016 Pay Rate 4. Based on the formula in Section 3 of this Memorandum of Understanding, the following percentage of hours will be returned to all Guild members who lost leave as a result of the 2012 leave audit: Annual Leave 57.33% Sick Leave 65.04% Compensatory Time 76.67% For example, if a Guild member lost 10 hours of annual leave and 8 hours of sick leave as a result of the 2012 leave audit, that Guild member would be returned 5.73 hours of annual leave (10 hrs x 57.33%) and 5.2 hours of sick leave (8 hrs x KC A 2

5 65.04%). 5. Guild members who lost leave during the 2012 leave audit but who are no longer employed with the County as of May 31, 2017 shall not be eligible for return of leave hours or any other form of compensation as a result of this Memorandum of Understanding. 6. Attachment 1 to this Memorandum of Understanding lists the specific leave amounts to be returned to each impacted Guild member. 7. No Guild member who gained hours as a result of the 2012 leave audit will lose the hours gained or be required to repay the County for hours used. 8. Under no circumstance shall a Guild member receive compensation under this Memorandum of Understanding except in the form of additional leave hours added to their current leave balances. 9. In consideration of the matters set forth herein, the Guild shall consider any and all grievances relating to and arising from the 2012 leave audit to be fully and finally resolved. Except as expressly provided in this Memorandum of Understanding, all other terms and conditions of the parties original Contract, and subsequent amendments, addenda or modifications thereto, remain in full force and effect. Except as expressly provided herein, this Memorandum of Understanding shall be effective upon execution by the parties. KC A 3

6 DEPUTY SHERIFFS GUILD Jason Hedstrom, President Date DATED this day of BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON CHARLOTTE GARRIDO, Chair ROBERT GELDER, Commissioner EDWARD E. WOLFE, Commissioner ATTEST: Dana Daniels, Clerk of the Board KC A 4

7 ATTACHMENT 1 Leave Amounts to Return to Guild Members DEPUTIES GUILD Annual hours Sick hours Comp hours to return to return to return Adams, Eric Aman, Andy Andersson, Darren Andrews, Chris Baker, Aaron Bergeron, Clinton Birkenfeld, Chad 4.88 Blankenship, Lori 1.15 Bockelie, Eric Bowman, Jason Breed, Fred Brossel, Jon Brown, Bernie Childs, Justin Clampitt, Jack Clarkson, Steve Cleere, Joe 5.20 Clithero, Russ Corn, Rob Dawson, Pat Dickinson, Ken 2.29 Dickson, Scott Dobbins, Duane Dobbins, Tiffany Dudoit, Brittany Eberhard, Scott Gaston, Tim 4.02 Grant, Mike 4.59 Graunke, Troy Green, Dave Gundrum, Elizabeth Gundrum, Mark 8.00 Hanson, Craig 6.31 Hanson, Shane Hedstrom, Jason KC A 5

8 Hedstrom, Joe Herrin, Ben Hytinen, Jon Janson, Eric Johnson, Jon Keeler, Tim Kent, Jay Kleinfelder, Krista Langguth, Alan Loftus, Jon Logdahl, Aaron Lont, Kurtis Manchester, Cory Martin, Steve Matthews, Sonya McDonough, Jim McVey, Mark Menge, Jeff 6.50 Menge, Nicole Merrill, Mike 6.88 Meserve, Don 1.34 Meyer, Dave Miller, Chad 6.13 Miller, Josh Montague, Schon Moszkowicz, Don 2.93 Myers, Brandon Rice, Greg Rice, Jennifer Sapp, Will Shannon, Mike 4.24 Smith, Ken 5.20 Stacy, John 2.32 Stoner, Rick Stroble, Ray 0.77 Swayze, Jerry 4.59 Tufts, Paul Twomey, Dan VanGesen, Jon Walthall, Brad Watson, Lee KC A 6

9 White, Jim Wilson, Scott 6.13 Woodrum, Paul Wright, Heather Young, Tim KC A 7