CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

AN ORDINANCE relating to City employment and the 2014 Adopted Budget; authorizing Memoranda of Agreement between the City of Seattle and the Seattle Police Management Association; authorizing a Memorandum of Understanding between the City of Seattle and the Seattle Police Management Association for the time period of January 1, 2012 through December 31, 2013; amending Ordinance 124349 by increasing appropriations to the Police Department to provide for the 2012 and 2013 payments therefore; and ratifying and confirming prior acts.

WHEREAS, a collective bargaining agreement providing for wages, benefits and other conditions of employment between the City and the Seattle Police Management Association expired on December 31, 2011; and

WHEREAS, employees represented by Seattle Police Management Association continued to work after December 31, 2011 on condition that the subject of their wages, benefits and other conditions of their employment continue to be negotiated during collective bargaining; and

WHEREAS, collective bargaining has led to an agreement between the City and the Seattle Police Management Association concerning wages, benefits and other conditions of employment;

WHEREAS, the Seattle Police Department will have insufficient funds in its 2014 budget to make payments associated with the 2012 and 2013 retroactive and current year payments and maintain operations; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. As requested by the Seattle Human Resources Director and recommended by the Mayor, the Mayor is authorized on behalf of the City to execute three memoranda of agreement between the City and the Seattle Police Management Association, substantially in the form attached to this ordinance and identified as "Memorandum of Agreement #1 by and between the City of Seattle and the Seattle Police Management Association" (Attachment 1) "Memorandum of Agreement #2 by and between the City of Seattle and the Seattle Police Management Association" (Attachment 2) and "Memorandum of Agreement #3 by and between the City of Seattle and the Seattle Police Management Association" (Attachment 3).

Section 2. As requested by the Seattle Human Resources Director and recommended by the Mayor, the Mayor is authorized on behalf of the City to execute a memorandum of understanding between the City and the Seattle Police Management Association effective January 1, 2012 through December 31, 2013, substantially in the form attached to this ordinance as Attachment 4 and identified as "Memorandum of Understanding by and between the City of Seattle and the Seattle Police Management Association."

Section 3. The appropriations for the following items in the 2014 Adopted Budget are modified, as follows:

Section 4. Any act consistent with the authority and prior to the effective date of this ordinance is ratified and confirmed.

Section 5. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of ________________________, 2014, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2014.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2014.

_________________________________

Edward B. Murray, Mayor

Filed by me this ____ day of __________________________, 2014.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

Attachments:

Attachment 1: Memorandum of Agreement #1 by and between the City of Seattle and the Seattle Police Management Association

Attachment 2: Memorandum of Agreement #2 by and between the City of Seattle and the Seattle Police Management Association

Attachment 3: Memorandum of Agreement #3 by and between the City of Seattle and the Seattle Police Management Association

Attachment 4: Memorandum of Understanding by and between the City of Seattle and the Seattle Police Management Association

Susan Coskey/David Bracilano/sb SDHR SPMA CBA and SPD Appropriations ORD September 9, 2014 Version #3

Attachment 1: Memorandum of Agreement #1 by and between the City of Seattle and the Seattle Police Management Association

MEMORANDUM OF AGREEMENT #1 by and between THE CITY OF SEATTLE and THE SEATTLE POLICE MANAGEMENT ASSOCIATION

This Memorandum of Agreement reflects the understanding of the City of Seattle, hereinafter "City" and the Seattle Police Management Association, hereinafter "Association" regarding implementation of the Settlement Agreement and Memorandum of Understanding entered into between the City and the Department of Justice on July 27, 2012, hereinafter "Agreements".

Whereas the City of Seattle and the U.S. Department of Justice entered into a voluntary Settlement Agreement and a Stipulated Order of Resolution addressing reforms of the Seattle Police Department;

To the extent implementation of "the Agreements" entered into by the City with the United States Department of Justice (to include: Settlement Agreement, MOU, and Monitoring Plans) implicate changes to mandatory subjects of bargaining, the City and the Association agree to engage in collective bargaining over the proposed changes and re-open the collective bargaining agreement to effectuate such bargaining. Should either the City or the Association request such a re-opener, the parties agree the matters to be bargained shall include management, wages, and benefits. If a re-opener is exercised, the parties shall comply with all the requirements of RCW 41.56 and bargain in good faith.

This Memorandum of Agreement will be in effect for as long as the Monitor is working with the Seattle Police Department under the Agreements, after which this Memorandum of Agreement will expire. This Memorandum of Agreement will be treated as part of the collective bargaining agreement.

Dated this day of , 2014

_________________________________ _______________________________

Eric Sano Jennifer Schubert

President Labor Negotiator

Seattle Police Management Association City of Seattle

Susan Coskey/David Bracilano/sb SDHR SPMA CBA and SPD Appropriations ORD ATT 1 September 9, 2014 Version #1

Attachment 2: Memorandum of Agreement #2 by and between the City of Seattle and the Seattle Police Management Association

MEMORANDUM OF AGREEMENT #2 by and between THE CITY OF SEATTLE and THE SEATTLE POLICE MANAGEMENT ASSOCIATION

This Memorandum of Agreement reflects the understanding of the City of Seattle, hereinafter "City" and the Seattle Police Management Association, hereinafter "Association" regarding formation of the Community Police Commission, hereinafter "Commission" created as a result of the Settlement Agreement and Memorandum of Understanding entered into between the City and the Department of Justice on July 27, 2012, hereinafter "Agreements".

Whereas the City of Seattle and the U.S. Department of Justice entered into a voluntary Settlement Agreement and a Stipulated Order of Resolution addressing reforms of the Seattle Police Department;

Whereas the Agreements call for the creation of the Commission, the City and the Association agree as follows;

1) At least one of the positions on the Commission is reserved for an elected SPMA member who shall be appointed by the Mayor;

2) The role of the Commission is set forth in the Agreements and Ordinance No. 124021. Any changes to the role of the Commission that involve a mandatory subject of bargaining will be bargained in good faith pursuant to the provisions of RCW 41.56.

3) The Commission will not have access to any non-public information regarding an individual Association member or allegation of misconduct or disciplinary action;

4) The Commission will not review or report on specific cases of alleged misconduct, review or comment on discipline, and will not seek to influence the course or outcome of a specific complaint investigation or the discipline of specific Association members.

This Memorandum of Agreement shall continue to exist so long as the Monitor is working with the Seattle Police Department under the Agreements, after which this Memorandum of Agreement will expire.

Dated this day of , 2014

_________________________________ _______________________________

Eric Sano Jennifer Schubert

President Labor Negotiator

Seattle Police Management Association City of Seattle

Susan Coskey/David Bracilano/sb SDHR SPMA CBA and SPD Appropriations ORD ATT 2 September 9, 2014 Version #1

Attachment 3: Memorandum of Agreement #3 by and between the City of Seattle and the Seattle Police Management Association

MEMORANDUM OF AGREEMENT #3 by and between THE CITY OF SEATTLE and THE SEATTLE POLICE MANAGEMENT ASSOCIATION

This Memorandum of Agreement reflects the understanding of the City of Seattle, hereinafter "City" and the Seattle Police Management Association, hereinafter "Association" regarding access and confidentiality issues arising out of work to be done by the Monitor (the term "Monitor" refers to all members of the Monitor's team) appointed as a result of the Settlement Agreement and Memorandum of Understanding entered into between the City and the Department of Justice on July 27, 2012, hereinafter "Agreements".

Whereas the City and the U.S. Department of Justice entered into a voluntary Settlement Agreement which created the appointment of the Monitor who would be granted access to Seattle Police Department documents, facilities and personnel; and

Whereas the Monitor sent a letter dated January 16, 2013 ("Letter"), to the Association and the City making certain representations regarding confidentiality and access issues related to the Monitor's work;

The parties agree that the City will act consistently with all commitments regarding confidentiality and access issues made by the Monitor in the above letter, as set forth in the paragraphs labeled "Confidentiality," Nondisclosure," "Conversations," "Searches," and "OPA." This agreement does not affect or limit the City's obligations under federal or state law, including the Washington Public Records Act. This Memorandum of Agreement will be in effect for as long as the Monitor is working with the Seattle Police Department under the Settlement Agreement, after which this Memorandum of Agreement will expire.

Dated this day of , 2014

__________________________ _______________________________

Eric Sano Jennifer Schubert

SPMA, President Labor Negotiator, City of Seattle

Susan Coskey/David Bracilano/sb SDHR SPMA CBA and SPD Appropriations ORD ATT 3 September 9, 2014 Version #1

Attachment 4: Memorandum of Understanding by and between the City of Seattle and the Seattle Police Management Association

MEMORANDUM OF UNDERSTANDING

by and between

THE CITY OF SEATTLE

and the

Seattle Police Management Association

WHEREAS, Ordinance 122943 authorized a collective bargaining agreement between the City of Seattle, hereinafter "City" and the Seattle Police Management Association, hereinafter the "Association" for the time period of January 1, 2009 through December 31, 2011; and

WHEREAS, A Memorandum of Agreement to resolve an Unfair Labor Practice (PERC #22950-U-10-05851) was executed on May 28, 2010, with regard to amending premium pays in Appendix A.6 of the collective bargaining agreement for specific Captain assignments and the implementation thereof; and

WHEREAS, the City and the Association have voluntarily entered into negotiations on wages, hours and working conditions and have come to the following agreement:

1) Term of Agreement

The Existing collective bargaining agreement between the City and the Association authorized under Ordinance 122943 shall be amended so that the duration of the collective bargaining agreement extends through December 31, 2013.

2) Amendment to the Existing Agreement

All wages, hours and working conditions shall continue as expressed in the collective bargaining agreement that commenced on January 1, 2009 and the subsequent Memorandum of Agreement executed on May 28, 2010, with the exception of the following items:

A) Effective January 4, 2012, the wages of all classifications in Appendix A shall be increased by 3.7%.

B) Effective January 2, 2013, the wages of all classifications in Appendix A shall be increased by 2.7%.

3) Health Care Committee ("HC2")

Consistent with the Healthcare Committee Memorandum of Agreement, HC2 will continue to address increases in the cost of healthcare by working together to evaluate and make changes to healthcare plans where appropriate.

SIGNED this _______ day of ______________ 2014.

Executed under the Authority

of Ordinance No. _________

FOR THE CITY OF SEATTLE FOR THE SEATTLE POLICE MANAGEMENT ASSOCIATION

________________________ ___________________________

Edward B Murray, Eric Sano,

Mayor President

________________________ ________________________

Susan Coskey, Michael Edwards

Personnel Director Secretary

________________________

David Bracilano,

Labor Relations Director

Susan Coskey/David Bracilano/sb SDHR SPMA CBA and SPD Appropriations ORD ATT 4 September 9, 2014 Version #1

Attachment 4 to SDHR SPMA CBA and SPD Appropriations ORD