HomeMy WebLinkAbout2019/10/22 - Regular Packet BOARD OF MASON COUNTY COMMISSIONERS
DRAFT MEETING AGENDA
Commission Chambers— 6:00 p.m.
411 North Fifth Street, Shelton WA 98584
October 22, 2019
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Correspondence and Organizational Business
4.1 Correspondence
4.2 News Release- Service Awards
5. Open Forum for Citizen Input (3 minutes per person, 15 minutes time limit)
If you wish to address the Commission, raise your hand to be recognized by the Chair. When you
have been recognized, please step up to the microphone and give your name and address before
your comments.The Mason County Commission is committed to maintaining a meeting atmosphere
of mutual respect and speakers are encouraged to honor this principle.
6. Adoption of Agenda
Items appearing on the agenda after"Item 10. Public Hearings", may be acted upon
before 6:15 p.m.
7. Approval of Minutes — None.
8. Approval of Action Agenda: All items listed under the Action Agenda may be enacted by
one motion unless a Commissioner or citizen requests an item be removed from the Action
Agenda and considered as a separate item.
8.1 Approval to hire Puget Environmental, P.L.L.0 for site evaluation and cleanup
plan development for properties affected by the Trails End Lake chip-sealing
incident.
8.2 Approval of an interlocal agreement with the City of Shelton for Affordable
Housing and Homeless Services.
8.3 Approval of amendment #4 to contract N21896-17 between the Mason
County Health Department and CHOICE Regional Health Network for youth
marijuana prevention and education.
8.4 Approval of Warrants &Treasure Electronic Remittances
Claims Clearing Fund Warrant #s 8067486-81067679 $ 518,464.29
Direct Deposit Fund Warrant #s $
Salary Clearing Fund Warrant #s $
8.5 Approval of both the January 2019-December 2020 Collective Bargaining
Agreements (CBA) for Teamsters Union Local No. 252 representing Mason
County's Juvenile Detention Unit and Probation Unit.
8.6 Approval of the State Homeland Security Program (SHSP) FY-19 Grant
Contract #E20-071 in the amount of $28,383 and approval to allow the
Emergency Management Manger to sign on behalf of Mason County.
8.7 Approval of a resolution to cancel outstanding warrants totaling $2,882.21
per RCW 39.56.040.
Last printed 10/17/2019 10:58:00 AM
If special accommodations are needed, contact the Commissioners'office at ext. 419, Shelton #360-427-
9670; Belfair#275-4467, Elma #482-5269.
MASON COUNTY COMMISSIONERS' MEETING AGENDA
OCTOBER 22, 2019— PAGE 2
8.8 Approval to authorize the County Engineer to execute the following
agreements:
1. Project Review Reimbursable Agreement, WSDOT Agreement No. 31440,
to reimburse WSDOT for the purchase, labor, equipment and all
associated incidental costs to install three pairs of solar powered
rectangular rapid flashing beacons on US 101 in Hoodsport, WA.
2. Maintenance and Operation Agreement after equipment is installed to
reimburse WSDOT for all future costs association with yearly preventative
maintenance and/or repair and replacement costs due to damage,
vandalism and/or failure of equipment.
8.9 Approval of an Interlocal Agreement between Mason and Kitsap Counties to
provide residential household hazardous waste collection and disposal
opportunities.
8.10 Approval to sign a letter to the WRIA 14 Committee with regards to
connecting the Evergreen Mobile Home Park to water and sewer service from
the City of Shelton.
8.11 Approval of an Interlocal Agreement between Mason County and the City of
Shelton for lobbying services.
9. Other Business (Department Heads and Elected Officials)
10. 6:15 p.m. Public Hearings and Items Set for a Certain Time-
10.1 Public Hearing to consider the sale of parcel 32127-53-00174 in the amount
of $4,000. Staff: Frank Pinter
10.2 Public Hearing to consider amendments to Title 16, Plats and Subdivision
Code. Staff: Kell Rowen.
11. Board's Reports & Calendars
12. Adjournment
J:\AGENDAS\2019\2019-10-22 REG.doc
Oe-y-,
MASON COUNTY
TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed:
FROM: Jennifer Giraldes Ext. 380
DEPARTMENT: Support Services Action Agenda
DATE: October 22, 2019 No. 4.1
ITEM: Correspondence
4.1.1 Washington State Liquor and Cannabis Board sent in liquor application for
Mason General Hospital Foundation held at Little Creek Casino 91 West State
Route 108, Shelton.
4.1.2 Washington State Housing Finance Commission sent in letter regarding
open public hearing on Commission housing finance plan for 2020-2021.
Attachments: Originals on file with the Clerk of the Board.
cc: CMMRS Neatherlin, Shutty &Trask
Clerk
WASHINGTON STATE LIQUOR AND CANNABIS BOARD - License Services
3000 Pacific Ave SE - P 0 Box 43075
Olympia WA 98504-3075
FAX:360-753-2710 EMAIL:specialoccasions@lcb.wa.gov
TO: MASON COUNTY COMMISSIONERS OCTOBER 7T" 2019 �— L V Ly
SPECIAL OCCASION #: 090131 OCT 10 2019
MASON GENERAL HOSPITAL FOUNDATION
2505 OLYMPIC HIGHWAY NORTH STE 450 Mason County
SHELTON WA 98584
COR'1I71iSSICIn@fS
DATE: NOVEMBER 22N1 2019 TIME: 10:00 AM TO 11:59 PM
NOVEMBER 23RD 2019 9:00 AM TO 11:59 PM
PLACE:LITTLE CREEK CASINO AND RESORT - 91 W STATE ROUTE 108, SHELTON
CONTACT: THERESE MCCARTHY [D.O.B. 08/30/1960] 360-427-3618
SPECIAL OCCASION LICENSES
* _Licenses to sell beer on a specified date for consumption at a
specific place.
* _License to sell wine on a specific date for consumption at a
specific place.
* _Beer/Wine/Spirits in unopened bottle or package in limited
quantity for off premise consumption.
* _Spirituous liquor by the individual glass for consumption at a
specific place.
If return of this notice is not received in this office within 20 days from the above date, we
will assume you have no objections to the issuance of the license. If additional time is
required please advise.
1. Do you approve of applicant? YES NO
2. Do you approve of location? YES NO
3. If you disapprove and the Board contemplates issuing a
license, do you want a hearing before final action is
taken? YES NO
OPTIONAL CHECK LIST EXPLANATION YES NO
LAW ENFORCEMENT _ YES NO
HEALTH & SANITATION YES NO
FIRE, BUILDING, ZONING YES NO
OTHER: YES NO
If you have indicated disapproval of the applicant, location or both,
please submit a statement of all facts upon which such objections are based.
DATE SIGNATURE OF MAYOR, CITY MANAGER, COUNTY COMMISSIONERS OR DESIGNEE
cc: CMMRS Neatherlin, Shutty &Trask
Clerk
WASHINGTON STATE
HOUSING FINANCE
COMMISSION ,.,
Opening doors to a better life C;. L� LE_�
OCT 15 2019
Mason County
NOTICE OF PUBLIC HEARING
Commissioners
The Washington State Housing Finance Commission(the"Commission")will hold an
open public hearing for the purpose of accepting public comment on proposed
amendments to the Commission's housing finance plan for 2020-2021, as required by
laws governing the Commission. The public hearing will be held at 1:00 p.m.,Thursday,
November 14, 2019, at the Commission Offices, 1000 Second Avenue, in its Board
Room, 28th Floor, Seattle, WA.
The state housing finance plan provides the general policies of the Commission and
specific policies with regard to the programs of the Commission. The plan outlines the
manner in which the Commission intends to issue bonds and allocate and use other
financial resources during the period of the plan in accordance with the goals and
objectives of the plan.
The Commission is encouraging public comment on the proposed housing finance plan
for 2020-2021. Interested parties and individuals are encouraged to send written
comments to the Commission at the address provided below or to attend the public
hearing. A copy of the proposed 2020-2021 Housing Finance Plan may be requested by
calling 1-800-767-4663 (from within Washington State) or 206-464-7139; by e-mail at
rich.zwicker@wshfc.org; on the Commission's website at www.wshfc.org or by written
request to the Commission. The proposed plan will be available for distribution to the
public effective October 14, 2019.
Written public comment is invited and should be received by 5:00 p.m.,Tuesday,
November 12,2019, in the offices of the Washington State Housing Finance
Commission, 1000 Second Avenue, Suite 2700, Seattle, WA 98104-1046. Testimony will
be heard from all interested members of the public attending the hearing on November
14,2019. The Commission will consider the public testimony and written comments on
proposed changes made to its housing finance plan.
Kim Herman
Executive Director
NEWS RELEASE
October 22, 2019
MASON COUNTY COMMISSIONERS
411 NORTH 51h ST
SHELTON, WA 98584
TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON
CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON,
ECONOMIC DEVELOPMENT COUNCIL, THE SUN
RE: Mason County Recognizes 32 Employees for Years of Service
In a ceremony held October 15, 2019 at the Colonial House in downtown Shelton, 32 County employees were
recognized for celebrating work anniversaries of 10 years and more of service to Mason County
Assessor's Office Public Health Support Services
25 Years of Service 20 Years of Service 20 Years of Service
Andrea Jackson Kim Knapp Jennifer Beierle
15 Years of Service Ben Ramsfield
Clerk Office Elizabeth Curtis David Coughlin
25 Years of Service 15 Years of Service
Cathy Gallagher public Works Tammi Wright
Probation 30 Years of Service Sheriff Office
20 Years of Service Phil Franklin 20 Years of Service
Karon Antonsen 25 Years of Service Tammy Reeves
15 Years of Service Gary Albaugh Jason Dawson
Paula Thale Michael Mclrvin Danielle Drogmund
20 Years of Service Sean Dodge
Prosecutor Kevin Ward Todd Hilyard
15 Years of Service Daniel Sorley 15 Years of Service
Michael Dorcy 15 Years of Service Robert Vasquez
10 Years of Service Pete Medcalf Sherman Cassidy
Jason Richards Matt Ledford
Superior Court Trevor Clark
Public Defense 25 Years of Service Larry Ellis
Robert Sauerlender
20 Years of Service 20 Years of Service WSU
Sonya Asche Amber Finlay 25 Years of Service
Lisa Dewall
The Commissioners applaud these employees for their dedication to Mason County and their
years of service to our citizens.
Randy Neatherlin Kevin Shutty Sharon Trask
Commissioner Commissioner Commissioner
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Dawn Twiddy Action Agenda x
Public Hearing
Other
DEPARTMENT: Support Services EXT: 422
COMMISSION MEETING DATE: Agenda Item # g,
Commissioner staff to com Mete
BRIEFING DATE: 10/7/19
BRIEFING PRESENTED BY: Dawn Twiddy
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Approval to hire Puget Environmental, P.L.L.C. for site evaluation and cleanup
plan development for various properties affected by the Trails End Lake chip-sealing
incident.
Background: On July 2, 2019, Public Works Road crew was performing a chip-
sealing project on E Trails End Drive in Mason County, Washington. An
unanticipated rainfall event occurred, and at that, time the asphalt emulsion
hadn't broke yet. The rain caused the asphalt emulsion to bleed onto the right-
of-way and private properties. Road crews worked through the night to control
the bleed and mitigate as much of the damage as possible. Department of
Ecology was contacted by Mason County and by some of the effected
residents, and have been involved in communicating how to remediate the
damage. Mason County is seeking the services of Puget Environmental, PLLC
to evaluate the extent of impact on affected properties and develop an
appropriate cleanup plan. To do this, Puget plans to review records and inspect
the affected sites, and develop a soil sampling and analysis plan that will be
site specific. Then, using the results of the site inspection and soil testing,
Puget will evaluate data and prepare site-specific cleanup plans for each
selected property.
The initial cost is estimated to be $11,500. Additional costs may arise based on the
site inspections and testing required to mitigate the damages.
RECOMMENDED ACTION: Approval to hire Puget Environmental, PLLC for site
evaluation and cleanup plan development for the properties affected by the Trails End
Lake chip-sealing incident.
Attachment: Puget Environmental P.L.L.C. Work Order
PUGET
E N V I R O N M E N T A L P.L.L.C.
WORK ORDER
Date: October 8, 2019
Work Order No: W0100819
Project Location: Trails End Lake Community
Mason County, Washington
Client Contact: Ms. Nichole Wilston
Risk &Safety Compliance Manager
Mason County Risk Management Department
411 North 5th Street
Shelton, Washington 98584
Services: Site Evaluation and Cleanup Plan Development
(Per Proposal Dated October 2, 2019)
Task 1 - Record Review and Site Inspection Scheduling
Senior Project Manager with Travel 1 Day @ $1,300 $ 1,300
Task 2 —Site Inspection and Soil Testing (assumes 2 days)
Field Crew and Equipment 2 Days @ $2,250 4,500
Laboratory Analysis (NWTPH-Dx) 12 Samples @ $100 1,200
Task 3—Data Evaluation and Cleanup Plan Development(based on 6 properties)
Cleanup Plan Development 6 Plans @ $750 4.500
Total Estimated Cost $ 11,500
Remit to: Puget Environmental PLLC
P.O. Box 9232
Kent, Washington 98042
All fees are due immediately upon the completion of service
4616 25`h Avenue NE#143,Seattle,Washington 98105 (206)518-4887
PUGET
E N V I R O N M E N T A L P.L.L.C.
SERVICE AGREEMENT
TERMS AND CONDITIONS
1. Puget Environmental, PLLC (Puget) is a service provider approved by the Washington State
Pollution Liability Insurance Agency(PLIA).
2. Puget will conduct certain environmental investigation activities in accordance with the services
summarized above.
3. Work will be conducted in general accordance with Washington State environmental cleanup
requirements.
4. Client is responsible for locating and clearly marking underground installations or utilities. Puget
shall not be responsible for damages to underground installations or utilities not clearly and
accurately marked.
5. By signing this agreement, client grants full access rights to Puget and/or any of its authorized
representatives for the purpose of conducting the investigation. This includes but, is not limited to,
extraction and analysis of subsurface samples.
6. Puget will attempt to provide reasonable notice by telephone or in person at least 24 hours in
advance of entry onto the site.
7. The terms of this agreement shall be for the time period necessary for Puget to complete all
investigative actions.
8. Each party to this agreement shall defend, protect and hold harmless the other party from and
against any claim, suits or actions arising from the negligent acts of omissions of its employees
and/or authorized representatives while performing under the terms of this agreement.
9. The parties may mutually amend this agreement. Any amendments shall not be binding on any
party unless such amendments are in writing and signed by an authorized representative of each
party.
10. This agreement between the parties contains all terms and conditions agreed upon by and
between the parties. No other understandings, verbal or otherwise, regarding the subject matter
of this agreement shall be enforceable at any time.
Authorization:
PUGET ENVIRONMENTAL, PLLC
John K. Meyer
Principal Hydrogeologist
CLIENT
(Signature) (Date)
(Printed Name)
461625 th Avenue NE#143,Seattle,Washington 98105 (206)518-4887
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Todd Parker Action Agenda _X_
Public Hearing
Other
DEPARTMENT: Community Services EXT:
COMMISSION MEETING DATE: 10/22/19 Agenda Item #
Commissioner staff to complete)
BRIEFING DATE: 10/7/19
BRIEFING PRESENTED BY: Todd Parker
[] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency:
ITEM:
Interlocal Agreement with the City of Shelton for HB 2060
Background:
The City of Shelton is proposing updates to the Interlocal Agreement based on
the passage and enactment of HB 1406.
RECOMMENDED ACTION:
Approve updated ILA
Attachment(s):
ILA
IXommunity Services-Public Health\PH 10.22.19 C.Agenda updated ILA Housing.doc
INTERLOCAL AGREEMENT
Between Mason County and the City of Shelton for
Affordable Housing and Homeless Services
This Interlocal Agreement is entered into by and between Mason County (hereinafter the
"County"), a political subdivision of the State of Washington, and the City of Shelton
(hereinafter the "City"), municipal corporation within Mason County, for the purposes of
declaring a collaborative effort to increase affordable housing options and end
homelessness in Mason County.
WHEREAS, Section 2 of the Affordable Housing for All Surcharge (RCW
36.22.178) requires the portion of the surcharge retained by a county shall be allocated
to eligible housing activities that serve extremely low and very low income households
in the county and the cities within a county according to an Interlocal Agreement
between the county and the cities within the county consistent with countywide and local
housing needs and policies;
WHEREAS, House Bill 1406 authorizes local government revenue sharing of local
sales and use tax for investment in affordable and supportive housing;
WHEREAS, the County and the City agree to work together and pool resources
necessary to address common gaps in meeting basic health and human services needs
within Mason County;
WHEREAS, pooling and coordinating building, planning, health and human
services resources can be more effective in meeting these needs;
WHEREAS, there is a benefit to the participating Parties to develop common
approaches utilizing Evidence Based and Promising Practices to meet these needs; and
WHEREAS, the Housing and Behavioral Health Advisory Board (resolution 33-18,
2018), made up of one County Commissioner, one Board of Health member, one City
Council member, and citizens serves as the structure to identify needs, gaps and make
funding recommendations to the Mason County Board of County Commissioners for
affordable housing, behavioral health and homelessness services.
NOW THEREFORE, in consideration of the mutual agreements made herein
and the mutual benefits received hereunder, the Parties agree to cooperate on
matters of affordable housing and ending homelessness in the following ways:
I. Guiding Principles:
A. The Housing Sections of the County and City Comprehensive Plans
show a united vision for affordable housing and ending homelessness;
development regulations, zoning, and other ordinances impacting housing
affordability are consistent with both general and specific elements of the
Comprehensive Plans;
B. The principles of collective impact (common agenda, shared measures,
aligned activities, communication and backbone organizations) are honored;
C. The community work and funding recommendations of the Housing and
Behavioral Health Advisory Board are honored;
D. The funding awards and approval to enter into contracts by the Mason
County Board of County Commissioners are supported;
E. The Fund Management, including the request for proposal and
corresponding policies and procedures recommended by the Housing and
Behavioral Health Advisory Board and set forth by Mason County Community
Services, Department of Public Health are honored;
F. Data to help parties make informed decisions and policies regarding
housing and activities to end homelessness will be gathered regularly and
shared;
G. Parties to this Interlocal Agreement will partner with supporting agencies
and departments that are willing to be actively engaged such as, but not limited
to, the Chamber of Commerce, Economic Development Council, WorkSource,
DSHS, Planning Advisory Commission, School Boards, Asset Building
Coalition, Area Agency on Aging, Olympic College, and Mason Transit; and,
H. Funding results, not programs will be the goal; no proposal or idea is too
small or too big.
II. Sales and Use Tax for Housing Services. Pursuant to Substitute House Bill
1406 (2019), the City agrees not to levy a sales and use tax for housing services
within the City limits, which will enable the County to collect the tax within the City. In
exchange, the County shall expend an annual amount equivalent to the tax collection
within the City limits on projects benefiting the City, as determined by the Board.
III. Legal Scope: This Interlocal Agreement creates no separate legal entity.
IV. Publication: Prior to its entry into force, this Interlocal Agreement shall be filed
with the Mason County's Auditor's Office or posted on the websites of the County and
City per RCW 39.34.040.
V. Effective Date: This Interlocal Agreement shall be effective upon the date of
the last signature of all the parties hereto.
VI. Waiver: No waiver by any party of any term or condition of this Interlocal
Agreement shall be deemed or construed to constitute a waiver of any other term or
condition or of any subsequent breach, whether of the same or different provision.
VII. Amendment: The provisions of this Interlocal Agreement may be amended
with the unanimous approval of all Parties. No additions to, or alterations of, the
terms of this Interlocal Agreement shall be valid unless made in writing and formally
approved and executed by the duly authorizing agents of all Parties. Amendments to
the Interlocal Agreement executed prior to July will take effect the following fiscal year.
VIII. Applicability of Law: This Interlocal Agreement is and shall be construed as
being executed and delivered within the State of Washington and it is mutually
understood and agreed by each party hereto that all Agreements and Statements of
Work shall be governed by laws of the State of Washington, both as to interpretation
and performance. The Parties agree that the venue for enforcement of any provisions
shall be the Superior Court of Mason County
IX. Severability: If any section of part of this Interlocal Agreement is held by a
court to be invalid; such action shall not affect the validity of any other part of this
Agreement.
X. Entire Agreement: The Parties agree that this Interlocal Agreement is the
complete expression of the terms hereto, and any oral representations or
understandings not incorporated herein are excluded. Further, any modifications of
this Interlocal Agreement shall be in writing and signed by all Parties.
XI. Agreement Duration and Termination:
This Agreement shall be in effect for a period of three years from the effective date, and may be
extended by mutual agreement of the Parties. Either Party may withdraw from the Agreement by giving
the other Party ninety (90) days advance written notice; provided that the County's withdrawal shall not
cause the City to lose the benefit of Paragraph II of this Agreement. If the County withdraws from the
Agreement,the Parties shall make arrangements for the County to pay to the City the amount of tax
revenue collected within the City limits.
IN WITNESS WHEREOF, the Parties hereto have caused this Interlocal Agreement to
be executed by the dates and signature herein under affixed. The persons signing this
Interlocal Agreement on behalf of the Parties represent that each has authority to
execute this Interlocal Agreement on behalf of the Party entering into this Interlocal
Agreement.
Mason County City of Shelton
Chair, Board of County Commissioners Administratdr", City of Shelton
Date Date
Approved as to form:
TIM WHITEHEAD
PROSECUTING ATTORNEY Approved as to form:
By(�Qa- By:
Deputy Pro ting--- City Attorney
Attorney
I
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Casey Bingham Action Agenda _X
Public Hearing
Other
DEPARTMENT: Community Services EXT: 562
DATE: 10/23/19 Agenda Item #
Commissioner staff to com lete
BRIEFING DATE: 10/14/19
BRIEFING PRESENTED BY: Casey Bingham
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Amendment #4 to Contract N21896-17 Choice Contract
(Youth Marijuana Prevention and Education Program
EXECUTIVE SUMMARY: (If applicable, please include available options and potential
solutions):
We have been receiving these funds received these funds since 2016 to support work
in the community and with CHOICE to support Youth Marijuana Prevention and
Education. The amendment adds $25,000 from July 2019 to June 2020
BUDGET IMPACT:
This Funding was budgeted for the 2020 budget year
PUBLIC OUTREACH:(Include any legal requirements, direct notice,website, community
meetings, etc.)
RECOMMENDED OR REQUESTED ACTION:
Approve Amendment #4 to Choice N21896-17
ATTACHMENTS: HCA Contract #K3929
10/16/2019
CHOICE Regional Health Network
CONTRACT AMENDMENT
IA.NAME OF SUBCONTRACTOR 2A. CONTRACT NUMBER
Mason County Public Health Dept. N21896-17
1B.ADDRESS OF CONTRACTOR 2B.AMENDMENT
415 N 6th St #4
1C.CITY, STATE,ZIP CODE
Shelton,WA, 98584
3. ® THIS ITEM APPLIES ONLY TO BILATERAL AMENDMENTS
The Contract identified herein,including any previous amendments thereto, is hereby
amended as set forth in item 5 below by mutual consent of all parties hereto.
4. ❑ THIS ITEM APPLIES ONLY TO UNILATERAL AMENDMENTS
The Contract identified herein,including any previous amendments thereto, is hereby
unilaterally amended as set forth in item 5 below pursuant to the changes and modifications
clause as contained therein.
5. DESCRIPTION OF AMENDMENT:
Mason County Public Health Service and CHOICE Regional Health Network have entered into the
Youth Marijuana Prevention and Education Program Agreement executed in 2016.All terms and conditions
set forth in that Agreement remain in full force and effect,except to the extent that such terms and conditions
are modified or in conflict with the provisions of this Amendment, in which case this Amendment shall
prevail.
The purpose of this amendment is to revise the following:
i. Extend the period of performance from July 1,2019 to June 30,2020.
ii. The Monthly Activity Reports are to be submitted to the CHOICE by the 5th day of each
month and the Expenditure Report and Request for Reimbursement must be provided to
CHOICE by the end of each month in order to receive reimbursement for the previous
month.If CHOICE does not receive the Monthly Expenditure Report and Request for
Reimbursement,form by the end of the month,CHOICE may withhold approval and
payment,at its discretion,until the 30th of the month following submittal.
a. Subcontractor will submit all reimbursement forms to fmance@crhn.org
not to YMPEP Program Manager.
b. Subcontractor will produce a required final 6-month expenditure plan by
January 31", 2020 to CHOICE YMPEP Program Manager. Explaining in
detail how the remaining YMPEP funds will be spent by June 30', 2020. If
CHOICE YMPEP Program Manager does not receive a final 6-month
expenditure plan by January 311,2020 and/or are not 50% spent through,
CHOICE reserves the right to reduce funding for this contract year.
iii. CHOICE will provide$25,000 Not-to-Exceed compensation for year 5 deliverables.
iv. Subcontractor will provide verification that background checks have been completed for
any staff and volunteers who will work with youth(ages 0-17)Verification must be sent to
the CHOICE Program Manager prior to the individual's start date. Please send a signed
CHOICE Regional Health Network Amendment#4 Contract N21896-17
Page 1
attestation with the individual's name,title and start date stating a criminal background
check was completed on(date background check was performed)with no record found.
CHOICE reserves the right to audit statements of attestations without prior notice. Please
do not forward a copy of the background check unless in compliance with the WA Criminal
Records Privacy Act, Chapter 10.97 RCW. as secondary dissemination of criminal history
records is prohibited.
V. Revises the Subcontractor's Exhibit A—Statement of work July 2018 - June 2019:
a. Community collaborations: Serve as a community-level content expert to the
YMPEP Program Manager. Participate in scheduled monthly YMPEP Work
Group meeting preparation and/or meeting attendance. This will include in-
person meetings,teleconference meetings, and e-mail correspondence as
needed.
b. Maintain and expand relationships: Will work with CHOICE Program
Manager to maintain, engage with, and fill gaps in participation of current
regional marijuana prevention programs, drug free community coalitions,
and community prevention and wellness coalitions within the region.
c. Will work with CHOICE Program Manager and Regional Partners to
implement the specified activities in the work plan as outlined in the YMPEP
5-Year Strategic Plan in the following categories:
i. Use the various media campaigns to include Under the influence of
You and Start Talking Now. Identify and implement media
campaign(s)that will best serve identified priority target
populations for each County. Host one YMPEP partner meeting
where various media campaigns/tool kits are introduced. Identify
individual campaign strengths and limitations for individual
communities. Each County select the campaign(s) they will use and
work with regional partners that selected the same campaign to
share success and problem solve challenges.
ii. Identify readiness of rural communities in each county for needed
support such as funding and program implementation through HYS,
local community survey, youth focus group survey, key stakeholders
and the Tri-ethnic Center tool.
iii. Work with CHOICE Program Manager for Program implementation
iv. Host parent education forums at schools,town meetings, coalitions.
Inviting Jason Kilmer to help educate parents.
v. Review HYS Survey Data from 2014-2018, local community survey,
youth focus group survey, key stakeholder meetings.
vi. Engage local officials to change current smoke free policy to include
vape free public areas.
vii. Attend a refresher training on the role of advertising in substance
use/media literacy will occur for involved staff and stakeholders.
viii. Based on WACK and the regional network start discussion on state
law and policy change.
ix. The Youth2Youth Program will continue to pilot in two counties
(Cowlitz and Mason). Conduct planning meetings period to
determine the proposed project areas within their communities.
Activities are to be laid out with desired outcomes and measurable
outcomes (if applicable).
x. Recruit youth to participate.
CHOICE Regional Health Network Amendment#4 Contract N21896-17
Page 2
xi. Planning meeting for Y2Y to identify project areas by youth and
advisors.
xii. Submit Proposal to CHOICE Program Manager for approval.
xiii. Planning meetings for Y2Y to occur monthly to work on proposed
project areas
xiv. Reach out to decision-makers to promote prevention work,present
the new data and strategic plan to your Board of Health in person.
vi. This Amendments Effective Date shall July 1,2019.
6. ❑ This is a unilateral amendment. Signature of contractor is not required below.
® Contractor hereby acknowledges and accepts the terms and conditions of this amendment.
Signature is required below.
IN WITNESS WHEREOF,CHOICE and the Subcontractor have signed this agreement.
SUBCONTRACTOR SIGNATURE DATE
CHOICE REGIONAL HEALTH NETWORK SIGNATURE DATE
CHOICE Regional Health Network Amendment#4 Contract N21896-17
Page 3
CI�IC-
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Jennifer Giraldes Action Agenda _X_
Public Hearing
Other
DEPARTMENT: Support Services EXT: 380
DATE: October 22, 2019 Agenda Item # 0
(Commissioner staff to complete)
BRIEFING DATE:
BRIEFING PRESENTED BY:
[X] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM:
Approval of Warrants &Treasure Electronic Remittances
Claims Clearing Fund Warrant #s 8067486-81067679 $ 518,464.29
Direct Deposit Fund Warrant #s $
Salary Clearing Fund Warrant #s $
Background: The Board approved Resolution No. 80-00 Payment of Claims Against County:
Procedure Authorizing Warrant Issue and Release Prior to Board Claim Approval. Mason
County Code 3.32.060(a) requires that the board enter into the minutes of the County
4941Commissioners the approval of claims listing warrant numbers.
Claims Clearing YTD Total $ 23,076,505.07
Direct Deposit YTD Total $ 13,114,858.69
Salary Clearing YTD Total $ 13,950,905.87
Approval of Treasure Electronic Remittances YTD Total $ 7,065,551.28
RECOMMENDED ACTION:
Approval to: Move to approve the following warrants:
Claims Clearing Fund Warrant #s 8067486-8067679 $ 518,464.29
Direct Deposit Fund Warrant #s $
Salary Clearing Fund Warrant #s $
Attachment(s): Originals on file with Auditor/Financial Services (Copies on file with Clerk of
the Board)
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Frank Pinter Action Agenda x
Public Hearing
Other
DEPARTMENT: Support Services EXT: 530
COMMISSION MEETING DATE: 10/22/19 Agenda Item # &5
Commissioner staff to complete)
BRIEFING DATE: 10/7/19
BRIEFING PRESENTED BY: Frank Pinter
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Approval of both the January 2019 — December 2020 Collective Bargaining
Agreements (CBA) for Teamsters Union Local No. 252 representing Mason County's
Juvenile Detention Unit and Probation Unit.
Background: The exclusive representatives of Teamsters Union Local No. 252
representing Mason County Juvenile Detention Unit and Probation Unit have reached
a tentative agreement with Mason County for the 2019-2020 term.
It is noted and commended to the Commissioner's that the parties reached this
Agreement through a very collaborative negotiations process.
RECOMMENDED ACTION: Approval of both the January 2019 — December 2020
Collective Bargaining Agreements (CBA) for Teamsters Union Local No. 252-
representing
52representing Mason County's Juvenile Detention Unit and Probation Unit.
Attachment: Collective Bargaining Agreements are on file with the Clerk of the
Board.
COLLECTIVE BARGAINING
AGREEMENT
January 1 , 2019 - December 31 , 2020
BETWEEN
TEAMSTERS UNION LOCAL NO. 252
Pa •
OapSHER/♦DO
v 0
AND
MASON COUNTY
JUVENILE DETENTION
A
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2019-2020 Juvenile Detention Teamster's Collective Bargaining Agreement Page 1
TABLE OF CONTENTS
ARTICLE1 -DEFINITIONS.......................................................................................................................5
ARTICLE 2-RECOGNITION....................................................................................................................6
2.1 RECOGNITION..................................................................................................................................6
2.2 NEW CLASSIFICATIONS...................................................................................................................6
ARTICLE 3-UNION SECURITY...............................................................................................................7
3.1 UNION REPRESENTATION...............................................................................................................7
3.2 NONDISCRIMINATION-UNION ACTIVITY.....................................................................................8
ARTICLE 4-UNION/EMPLOYER RELATIONS.................................................................................8
4.1 UNION ACCESS.................................................................................................................................8
4.2 FACILITY USE..................................................................................................................................8
4.3 STEWARDS.......................................................................................................................................8
4.4 ORIENTATION..................................................................................................................................9
4.5 BULLETIN BOARDS..........................................................................................................................9
4.6 CONTRACT DISTRIBUTION..............................................................................................................9
4.7 NEGOTIATIONS5 RELEASE TIME...................................................................................................9
4.8 GRIEVANCE RELEASE TIME...........................................................................................................9
4.9 UNION BUSINESS..............................................................................................................................9
4.10 BARGAINING UNIT ROSTER....................................................................................................10
ARTICLE 5-EMPLOYMENT..................................................................................................................10
5.1 PROBATIONARY PERIODS.............................................................................................................10
5.2 TYPES OF EMPLOYMENT..............................................................................................................10
5.3 CONTRACTORS..............................................................................................................................11
5.4 STUDENTS/INTERNS.....................................................................................................................12
ARTICLE 6-HOURS OF WORK AND OVERTIME...........................................................................12
6.1 WORKDAY/WORKWEEK.............................................................................................................12
6.2 WORK SCHEDULES........................................................................................................................12
6.3 REST/MEAL BREAKS...................................................................................................................13
6.4 OVERTIME.....................................................................................................................................13
6.5 COMP TIME....................................................................................................................................14
ARTICLE 7-EMPLOYMENT PRACTICES .........................................................................................15
7.1 NONDISCRIMINATION....................................................................................................................15
7.2 JOB POSTING.................................................................................................................................15
7.3 PROMOTIONS.................................................................................................................................16
7.4 PERSONNEL FILE/POLICIES........................................................................................................16
7.5 EVALUATIONS................................................................................................................................17
7.6 DISCIPLINE/CORRECTIVE ACTION.............................................................................................18
ARTICLE 8-SENIORITY.........................................................................................................................19
8.1 DEFINITIONS..................................................................................................................................19
8.2 APPLICATION OF SENIORITY........................................................................................................20
8.3 PROBATIONARY PERIOD...............................................................................................................21
8.4 LOSS OF SENIORITY......................................................................................................................22
8.5 LAYOFFS........................................................................................................................................22
8.6 NOTICE...........................................................................................................................................23
8.7 MEETING WITH UNION.................................................................................................................23
2019-2020 Juvenile Detention Teamster's Collective Bargaining Agreement Page 2
8.8 AFFECTED GROUP.........................................................................................................................23
8.9 VACANT POSITIONS ......................................................................................................................24
8.10 SENIORITY LIST.............................................................................................................................24
8.11 ORDER OF LAYOFF........................................................................................................................24
8.12 COMPARABLE EMPLOYMENT......................................................................................................24
8.13 LAYOFF OPTIONS..........................................................................................................................24
8.14 REDUCTION HOURS/FTE............................................................................................................26
8.15 RECALL..........................................................................................................................................26
8.16 VACATION&LEAVE CASH OUTS/PAY......................................................................................27
8.17 UNEMPLOYMENT CLAIMS............................................................................................................27
ARTICLE9-WAGES................................................................................................................................28
9.1 WAGE SCHEDULE..........................................................................................................................28
9.2 HIRE-IN RATES..............................................................................................................................28
9.3 SHIFT DIFFERENTIAL....................................................................................................................28
ARTICLE 10-OTHER COMPENSATION.............................................................................................28
10.1 CALL-BACK PAY......................................................................................................................28
10.2 WORK IN A HIGHER CLASSIFICATION...................................................................................29
10.3 LEAD WORKER........................................................................................................................29
10.4 MILEAGE REIMBURSEMENT...................................................................................................29
10.5 LONGEVITY..............................................................................................................................29
10.6 CLOTHING ALLOWANCE.........................................................................................................30
ARTICLE11 -HOLIDAYS........................................................................................................................30
11.1 HOLIDAYS................................................................................................................................30
11.2 RELIGIOUS HOLIDAYS.............................................................................................................30
11.3 HOLIDAY OBSERVANCE..........................................................................................................30
11.4 HOLIDAY ON DAY OFF............................................................................................................31
11.5 HOLIDAY COMPENSATION......................................................................................................31
ARTICLE12-VACATION.......................................................................................................................31
12.1 VACATION ACCRUAL..............................................................................................................31
12.2 VACATION SCHEDULING.........................................................................................................32
12.3 VACATION PAY........................................................................................................................33
12.4 VACATION UPON TERMINATION............................................................................................33
ARTICLE13 -SICK LEAVE.....................................................................................................................34
13.1 SICK LEAVE ACCRUAL............................................................................................................34
13.2 SICK LEAVE USAGE.................................................................................................................34
13.3 SHARED LEAVE........................................................................................................................34
13.4 COORDINATION-WORKER'S COMPENSATION.....................................................................34
13.5 FAMILY MEMBER....................................................................................................................35
13.6 SICK LEAVE CASH OUT...........................................................................................................35
ARTICLE 14-LEAVES OF ABSENCE...................................................................................................35
14.1 IN GENERAL.............................................................................................................................35
14.2 JURY DUTY/COURT................................................................................................................36
14.3 MILITARY LEAVE....................................................................................................................36
14.4 BEREAVEMENT........................................................................................................................36
14.5 MAINTENANCE OF SENIORITY................................................................................................36
14.6 LEAVE WITHOUT PAY.............................................................................................................36
14.7 FAMILY LEAVE-FMLA................................................................................. .: ..............
• •.... •F.37
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14.8 MATERNITY LEAVE.................................................................................................................37
14.9 PAID FAMILY&MEDICAL LEAVE COMPLIANCE..................................................................37
ARTICLE15-HEALTH&WELFARE..................................................................................................37
15.1 HEALTH AND LIFE INSURANCE..............................................................................................37
15.2 RETIREMENT............................................................................................................................38
15.3 TEAMSTERS PENSION.......................................................................................................38
ARTICLE16-TRAINING.........................................................................................................................39
16.1 TRAINING.................................................................................................................................39
16.2 TRAINING REIMBURSEMENT..................................................................................................39
ARTICLE 17-LABOR/MANAGEMENT COMMITTEES.................................................................39
17.1 PURPOSE OF COMMITTEE.......................................................................................................39
17.2 COMPOSITION OF COMMITTEE..............................................................................................40
17.3 COMPENSATION.......................................................................................................................40
ARTICLE18-HEALTH& SAFETY.......................................................................................................40
18.1 SAFE WORKPLACE..................................................................................................................40
18.2 HEALTH&SAFETY PLAN.......................................................................................................40
18.3 DRUG FREE WORKPLACE.......................................................................................................40
18.4 WORK PLACE VIOLENCE........................................................................................................41
ARTICLE19-GRIEVANCE PROCEDURE...........................................................................................41
19.1 GRIEVANCE DEFINED..............................................................................................................41
19.2 GRIEVANCE PROCEDURE........................................................................................................41
19.3 UNION/EMPLOYER GRIEVANCE............................................................................................43
19.4 SCHEDULE OF MEETINGS........................................................................................................44
ARTICLE 20-NO STRIKE/NO LOCKOUT.........................................................................................44
20.1 No STRIKE/No LOCKOUT.....................................................................................................44
ARTICLE 21 -MANAGEMENT RIGHTS AND RESPONSIBILITIES..............................................44
21.1 MANAGEMENT RIGHTS AND RESPONSIBILITIES...................................................................44
ARTICLE22 -GENERAL PROVISIONS................................................................................................45
22.1 SAVINGS CLAUSE.....................................................................................................................45
ARTICLE23-ENTIRE AGREEMENT...................................................................................................45
23.1 DURATION CLAUSE..................................................................................................................45
23.2 ENTIRE AGREEMENT...............................................................................................................46
SIGNATURES..............................................................................................................................................47
APPENDIX A-JOB CLASSIFICATIONS &WAGE TABLE..............................................................48
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2019-2020 Juvenile Detention Teamster's Collective Bargaining Agreement Page 4
PREAMBLE
Mason County, a political subdivision of the State of Washington, the Mason County District and
Superior Court Judges—acting in their capacity as administrators of the Mason County Superior
Courts, and Teamsters Union Local No. 252, hereinafter referred to as the "Union," do hereby
enter into this Agreement for the purposes of promoting harmonious relations and efficiency.
Pursuant to RCW 41.56.030, the Employer for purposes of negotiating wages and economic-
related matters shall be the Mason County Board of Commissioners, and the Employer for
purposes of negotiating working conditions and all other non-wage related matters shall be the
District and Superior Court judges or their designee(s).
ARTICLE 1–DEFINITIONS
As used herein, the following terms shall be defined as follows:
1.1 "Bargaining Unit"(Union)shall be Teamster Union Local No. 252.
1.2 "Division"refers to the Division of Juvenile Detention.
1.3 "Employer" shall mean the Board of Mason County Commissioners and the Superior and
District Court Judges.
1.4 "Employee" shall mean a person occupying a position and paid a salary or wage by the
Employer and who is represented by the bargaining unit (as defined in Article 2.1 hereof)
covered by this Agreement. Employee shall not include any person retained by the
Employer under a written personal services or consultant contract or agreement.
1.5 Executive, Administrative, and Professional Employees shall mean all employees as
defined in WAC 296-128-500.
1.6 Job classifications and salary steps are listed and categorized in Appendix A of this
agreement.
1.7 "Immediate family" shall be defined as persons related by blood, marriage, or legal
adoption in the degree of relationship of grandparent, parent, wife, husband, brother, sister,
child biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person
standing in loco parentis who is under eighteen years of age; or eighteen years of age or
older and incapable of self-care because of a mental or physical disability, grandchild,
domestic partner (state registered), in compliance with WAC 296-130-030 and RCW
49.12.270 (or subsequent statutes) and other persons with the approval of the Employer or
designee.
1.8 "Overtime" shall mean all Employer-required work, which has been performed in excess of
their regular scheduled workday, or forty(40)hours per week, consistent with Article 6.4.
1.9 Promotions, Transfers and Demotions defined and distinguished:
a. Promotion is a change of an employee from a job classification to a different job
classification,which is compensated at a higher salary range. T)T0A7�1
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2019-2020 Juvenile Detention Teamster's Collective Bargaining Agreement Page 5
b. Transfer is a change of an employee from a job classification to a different job
classification,which is compensated at the same salary range.
c. Demotion is a change of an employee from a job classification to a different job
classification,which is compensated at a lower salary range.
1.10 "Vacation" shall mean a scheduled workday or accumulation of scheduled workdays on
which an employee may, by pre-arrangement, continue to receive the regular rate of
compensation although he or she does not work.
1.11 For the purpose of timelines associated with grievances, appeals and policy issues, "day"
shall mean a calendar day.
ARTICLE 2—RECOGNITION
2.1 RECOGNTTION
The Mason County Board of Commissioners and the Mason County Superior Courts recognize that
the Teamster Union Local No. 252, Centralia and Olympia, Washington, has the right to bargain
for all fill-time and regular part-time Juvenile Detention Officers and Detention Supervisors in the
Mason County Juvenile Detention Division, excluding: extra-help employees, managers,
supervisors and confidential employees, under the conditions set forth in the Washington State
Public Employee's Collective Bargaining Act of 1967.
All collective bargaining with respect to wages, hours and working conditions shall be conducted by
authorized representatives of the Union and authorized representatives of the Employer. Agreements
reached between the parties of this Agreement shall become effective only when signed by the
authorized representatives of the Union and by the Board of Mason County Commissioners and the
Superior Court.
2.2 NEW CLASSIFICATIONS
When new Regular or Temporary positions are created within the Divisions represented or the
classifications listed in Article 9.1,the Union will be notified of the pending action prior to hire.
When existing classifications are substantially modified within the Divisions represented or the
classifications listed in Article 9.1, the Union will be notified of the pending action within ten (10)
working days of the date that the position is first posted/ advertised or the proposed effective date
of the action that would change the status of the classification.
It is mutually agreed that it is the intent of the parties to meet,upon request by either party, in order
to include or exclude new or modified positions in the bargaining unit consistent with the duties,
responsibilities, and organizational level of the classification.
The parties agree that new classification(s) designated and approved by the Employer to be within
the non-represented pay plans shall be excluded from the bargaining unit, absent a request to meet
within thirty (30) calendar days. Existing bargaining unit classifications shall remain within the
bargaining unit absent a mutual agreement by the parties or a decision by the Public Employment
Relations Commission(FERC).
ORIGINAL
2019-2020 Juvenile Detention Teamster's Collective Bargaining Agreement Page 6
If either party disagrees with the pay plan designation for a new or reclassified position, the parties
recognize the determination of whether the position is included within the bargaining unit may be
reviewed by PERC upon petition by either party or jointly. Should PERC determine the
classification to be included in the bargaining unit, the position shall be placed within the Union
salary schedule at the appropriate rate of pay and at a step arrived at either by mutual
agreement/negotiation, or PERC ruling.
ARTICLE 3—UNION SECURITY
3.1 UNION REPRESENTATION
a. It is mutually agreed that only Union members of this unit shall engage in active
participation in Union affairs of this unit or serve in a role of leadership of the unit such
as: serving as a delegate or representative, serving on negotiating or other Union
committees, or participating in other similar activities to the interest of the unit.
b. The Union shall have up to a thirty(3 0)minute orientation with new employees' during
the employees regular work hours. The Union will explain that it is the designated as
the exclusive representative for all employees covered under the Collective Bargaining
Agreement. The Union shall inform each new employee that membership in the Union
is voluntary and only when an employee clearly and affirmatively consents to joining
the Union may the Union collect fees. In addition, the Union shall explain to the new
employee the rights and the benefits the employee would forgo by being a non-member.
c. The Union agrees to accept employees as members without discrimination as to race, color,
creed, sex, sexual orientation, national origin or physical, sensory or mental disability or
protected classes under the law.
d. The Employer will provide for payroll deduction of Union dues and initiation fees upon
authorization by the employee. Payroll deduction authorization cards must be received by
the County department by the 15th day of the month to be recognized as effective for that
month. The County will transmit to the duly designated officer of the Union the total
amount so deducted together with the list of names of the employees from whose pay
deductions were made.All refunds of such deductions,which may be required to be made to
any employee, shall be made by the Union, and the Union shall settle all questions, and
disputes between it and its members with reference to the deductions or refunds of the like
without recourse to the County.
e. The Employer will distribute one copy of this Agreement to each employee in the unit and to
each newly hired employee of the unit. The cost of printing this Agreement shall be equally
shared between the Department and the Union.
L The Union agrees to supply the Employer with lists of officers of the Union and
representatives and to keep such lists current. The Employer will recognize the officers and
representatives, or shop stewards.
g. Signatory organization will indemnify, defend, or hold the Employer harmless against any
claims made and against any suit instituted against the County on account of any check-off of
dues for the Union organization.The Union agrees to refund to the County any amouiAs paid
L) ( RUENAL
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to it in error on account of the check-off provisions upon presentation of proper evidence
thereof by the County.
3.2 NONDISCRi IINATION—UNION ACTIVITY
Neither party shall discriminate against any employee because of membership in or non-
membership in or activity on behalf of the Union. No employee shall be discharged or
discriminated against for upholding Union principles, fulfilling duties as a Steward in the Union or
serving on a Union committee.
ARTICLE 4—UNION/EMPLOYER RELATIONS
4.1 UNION ACCESS
Employees shall have the right to Union representation.The Union's authorized staff representatives
shall have access to the Employer's premises where employees covered by this Agreement are
working for the purpose of investigating grievances and contract compliance, after notifying the
Employer. Access for other purposes shall not be unreasonably denied by the Employer,provided,
however, that there is no serious or prolonged interruption of the Employer's working schedule.
Such visits shall not interfere with or disturb employees in the performance of their work during
working hours.
4.2 FACILITY USE
The conduct of Union business on Employer time and premises shall be subject to the limitations
set forth in this Article and with the understanding that no Union member or Steward shall use
Employer's equipment in the conduct of Union business.
The Union shall be permitted to use designated premises of the Employer for Union meetings, with
or without Union staff present,provided it is not disruptive to operations and space is available.
Use of Employer's premises for meetings shall be limited to the hours of 5pm to Sam and 12pm to
1pm,unless otherwise approved by the Employer.
4.3 STEwARDs
The Union may designate Shop Stewards and alternates for Detention. Stewards shall be allowed
reasonable time during working hours to investigate and process grievances. Prior to undertaking
such grievance duties, the Stewards shall inform his/her supervisor of the need to be away from
his/her work. The Division shall grant the Steward's request unless the Stewards cannot be spared at
that particular time. If such is the case, then Stewards shall be allowed time to perform his/her
Stewards duties at the earliest possible time.
The Union shall provide the Human Resources Department with a current list of all Stewards.
With notice to the Employer, Stewards shall be allowed reasonable time during working hours to
investigate and process grievances, as defined in Article 4.8,4.9 and 19.4.
Union activities other than those provided for in this Article are to be conducted on the employee's
own time; e.g. lunch or coffee breaks,before or after work. Employees shall attend Union meetings
on their own time.
C GINAL
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4.4 ORIENTATION
During the new employee orientation process, Human Resources provide a copy of the Collective
Bargaining Agreement and will notify the new hire of their shop steward. Per RCW 41.56.037,
each new hire will receive an opportunity to meet with their shop steward for a minimum of thirty
(30) minutes within the first ninety (90) days from the date of hire, which will take place at the
employee's regular worksite or a mutually agreed upon location. Human Resources will notify the
shop steward and Union representative of each new hire within ten (10) business days of the date
of hire.
4.5 BULLETIN BOARDS
The Employer will provide a bulletin board for Union use. No materials shall be posted except
notices of meetings and elections, results of elections, changes in Union by-laws, notices of
employee social occasions, similar Union notices, letters, and memoranda. Union will limit the
posting of any material on the Employers' premises to its bulletin board.
4.6 CONTRACT DISTRIBUTION
The Union will provide access to a copy of this Agreement to each new and current employee in
the unit.
4.7 NEGOTIATIONS RELEASE TIME
The Employer will make a good faith effort to assist in providing release time for Union
negotiating team members participating in contract negotiations if negotiations take place on work
time,provided that coverage can be arranged.
4.8 GRIEVANCE RELEASE TIME
Prior to any proposed investigation of a grievance, Stewards provide notice to their and the
grievant's supervisor, which will be granted unless the Stewards, or the grievant is working on
something that requires immediate attention. If permission cannot be immediately granted, the
Employer will arrange to allow investigation of the grievance at the earliest possible time. When it
is necessary for Stewards to conduct Union business authorized by this Agreement in an area or on
a shift other than their own, they shall notify the supervisor of that area or shift of their presence
and of the nature of their business. No compensation shall be provided by the Employer for such
Stewards activities outside the employee's work shift, without express pre-authorization by the
Steward's Division Director or Human Resources.
4.9 UNION BUSINESS
Compensable Union business shall be defined as meeting with an authorized Employer
representative who schedules a meeting during normal business hours when it is necessary for a
duly authorized Steward of the Union (who is also a member of the bargaining unit) to attend for
the purpose of resolving a grievance filed by a member of the bargaining unit, or other issues that
require the presence of a Union official. When reasonably possible, the Union representative will
notify their Supervisor or designee when they are requested to attend a Union meeting during
regular business hours. Consistent with Articles 4.3, 4.8 and 19.4, Stewards shall be afforded
reasonable time for the investigation of grievance and compliance issues dealing with this
Agreement. Other Union business will not be conducted on Employer time.
craGINAL
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Any concerns by the Employer, which indicate that a Steward is spending an unreasonable amount
of time performing Union duties, shall be referred to Human Resources for discussion and
resolution with the Staff Representative of the Union or their designee.
The Union and the Employer have the right to communicate on matters of concern using e-mail,
written correspondence, and telephonic communications. The Parties agree to ensure that all
respective stakeholders are notified and copied appropriately. The parties agree to respond to
written and e-mail correspondence and telephonic messages as soon as reasonably possible.
4.10 BARGAINING UNIT ROSTER
The Auditor's Office will provide the Union with a list of all employees within the bargaining unit on
an annual basis. The Auditor will also provide to the Union President/Shop Stewards the name and
other pertinent information regarding new hires.
The Union agrees to supply Human Resources with current lists of Stewards. The Employer will
recognize the Stewards as soon as Human Resources receive the list, in writing.
ARTICLE 5 —EMPLOYMENT
5.1 PROBATIONARY PERIODS
All newly hired employees will be placed on probationary status for a period of six (6) calendar
months from date of hire, except as identified in Article 16.1. New employees with prior related
experience may be placed at a step in the salary range equivalent to one step for each two years of
experience,up to a maximum of three steps.
The Employer may discharge a probationary employee with a minimum of one (1) day written
notice. A probationary employee does not have the right to grieve termination of his or her
employment during the probationary period.
The Employer may extend the six-month probationary period for new employees up to an
additional six months. The Employer shall provide a written notice to the Union no less than
fourteen (14) calendar days prior to the probationary period's expiration of his or her intent to
extend a probationary period. The Union may request reconsideration of the decision and/or the
length of the extension period within fourteen (14) calendar days of the date of the notice. The
employee will remain on probation until such time as a resolution has been determined.
Trial Service Period - Employees who are transferred or promoted to another position and/or
classification in the bargaining unit shall serve a trial service period for three (3) months of work,
consistent with Article 7.3.
5.2 TYPES OF EMPLOYMENT
NOTE:BENEFITS ELIGIBILITY MAY NEED TO BE REVISED PER ACA
5.2.1 REGULAR FULL—TIME EMPLOYEES:
A regular full-time employee is scheduled to work forty (40) hours per week in a regularly
budgeted, on-going position. Regular full-time employees are eligible to receive the
standard benefit package.
1toy 1 NAL
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5.2.2 REGULAR PART-TIME EMPLOYEES:
A regular part-time employee typically is scheduled to work a minimum of twenty (20)
hours per week but no more than forty (40) hours per week in a regularly budgeted, on-
going position. Regular part-time employees are eligible to receive the standard benefit
package, prorated to match the FTE percentage, and adjusted by actual hours worked.
Medical benefits are consistent with Article 15.1.
5.2.3 TEMPORARY EMPLOYEES:
A temporary employee is hired for a specific assignment that has a duration of employment
and schedule that is anticipated to work one thousand and forty (1,040) hours or more in a
twelve(12)month period.
A temporary employee is eligible for the standard benefits package, prorated to match the
anticipated FTE percentage and adjusted by actual hours worked. Medical benefits are
consistent with Article 15.1 if Part-Time Temporary.
If a regular employee accepts an assignment of a temporary position, that employee will be
eligible for return rights to their former position upon completion of the specific
assignment, or term of the temporary employment, or upon twenty (20) calendar days'
notice from the Employer, or 30 calendar days' notice from the employee, whichever is
earlier. The regular employee shall continue to earn seniority as to their former position
during the period of the temporary position assignment. Any new-hire employee who is
hired to fill the vacancy, which was created by the regular employee accepting a temporary
position, will also be hired as a temporary employee and that employee will cease to have
employment rights upon the return of the regular employee to the former position.
For regular employees moving to a temporary position, as above, Union membership status
will remain unchanged,per the Agreement representing the temporary position.
Employees in temporary positions serve an anticipated but not guaranteed term. While a
term of employment is anticipated, the assignment /project may be terminated at any time
for any reason,with or without notice.
5.2.4 EXTRA-HELP EMPLOYEES:
An extra-help employee works in a limited, but on-going capacity. They do not have a
specific end date. Their schedule may consist of an intermittent or varying schedule per
week, on an as needed basis, and are anticipated to work fewer than one thousand and forty
(1,040) hours within a twelve (12) month period. They are not eligible for the benefits
package,nor union membership.
5.2.5 SEASONAL EMPLOYEES:
A seasonal employee works for a specific amount of time, and is not anticipated to meet or
exceed one thousand and forty(1,040) accumulated hours in a twelve(12)month period. A
seasonal employee is not eligible to receive the benefits package.
5.3 CONTRACTORS
The Employer will make good faith efforts to limit bargaining unit work to employees covered by
this Agreement. (? + 70
2019-2020 Juvenile Detention Teamster's Collective Bareainine Agreement Page 11
Should the Employer consider Subcontracting, the parties shall meet to allow the Union an
opportunity to review the County's financial reasons for considering subcontracting and to present
any alternative means of cost-savings besides subcontracting for the County to consider. If the
County determines that subcontracting is necessary, the County shall negotiate with the Union the
effects of subcontracting upon members of the bargaining unit.
5.4 STUDENTS/INTERNS
Student and Internship programs may be created by the employer provided such does not take work
away from budgeted classifications represented by the Union, the Union is provided notice and,
upon request by the Union, the Employer meets with the Union to discuss the impacts and benefits
of the program.
ARTICLE 6—HOURS OF WORK AND OVERTIME
6.1 WORKDAY/WORKWEEK
A regular full-time workweek shall consist of forty (40) hours of time actually worked or
compensated within a seven (7) day period (typically Sunday 12:00 a.m. through Saturday 11:59
p.m.). Changes in work schedule, which may include changes in the schedule or total hours, shall
be consistent with Article 6.2.
6.2 WORK SCHEDULES
For regular full-time employees, the workweek shall normally consist of forty (40) hours of time
scheduled within a seven (7) consecutive day period. Work related travel time is to be paid at the
employee's regular rate of pay, to include overtime when appropriate, in accordance with the Fair
Labor Standards Act(F.L.S.A.).
For full-time employees, the paid work-day shall consist of between eight(8) consecutive hours
and twelve(12)consecutive hours, or otherwise as agreed upon by the employee and management.
The work-week shall consist of five(5) consecutive days(5-8's), or four(4) consecutive days (4-
10's), (4-12's),or three(3) consecutive days(3-12's), or otherwise agreed upon by the employee
and management.
At the discretion of management, one"full-time"position,with full-time seniority rights and
County benefits,may be created for which the employee's paid work-day shall consist of between
five(5) consecutive hours and twelve(12) consecutive hours (on consecutive days), or as
otherwise agreed upon by the employee and management. This is a three-quarter to full-time
position that will be regularly scheduled between 32 to 40 hours per week.
Seniority shall be used to select fixed shifts. July 1St of each year, employees, by a majority vote,
shall determine whether or not to return to rotating shifts. Any permanent vacancy in an assigned
fixed shift position shall be posted for bidding for ten (10) calendar days. The shift shall be
awarded to the most senior employee who applied and who meets the division's gender needs.
For staff scheduled to attend the Juvenile Corrections Personnel academy, the employee will be
paid for forty (40) hours each week of the academy, plus, be paid for travel time. If actual class
time extends beyond forty(40)hours during the week,then overtime pay provisions would apply.
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6.3 REST/MEA.BREAKS
Employees will be allowed up to a one (1) hour unpaid lunch period as approved and scheduled by
the Elected Official/Department Head. Employees may take one (1) fifteen-minute break for every
four(4)hours worked. Breaks should be arranged, so that they do not interfere with County business
or service to the public. Lunch periods and breaks shall not be combined, and they may not be used
to shorten an employee's workday. Rest periods are to be taken during down times such as while
school is in session, during a lock down period, while the detainees are sleeping or resting and
scheduled as near as possible to the middle of each half-day shift. If a Detention employee does
not receive a lunch period or break,he or she shall receive additional compensation at one and one-
half (1 V2) times his or her normal rate for the time the employee was not relieved from duty.
However, for the Detention employee to receive the aforementioned premium compensation, the
Detention employee must submit a "Break Report" to the Detention Manager at the conclusion of
the employee's shift, explaining why the employee was not able to take his or her break or lunch
period. While on a rest period, staff will not be required to do any of the normal duties associated
with detention work; however, staff will be required to remain available to respond to an
emergency situation. Breaks are to be taken while remaining on the work site, or within a four(4)
block radius from the Detention Center. Employees on breaks are required to be able to instantly
communicate with the Detention Center, directly, either by intercom, or via radio communication.
6.4 OvERTuAE
Any regular full-time employee in paid status more than eight(8)hours in a work day, or forty(40)
hours in a week, shall be paid for overtime at a rate of one and one-half(1 Y2) hours for the work
performed; or, at the request of the employee, accumulate comp time. Please refer to Article 6.5
for comp time accrual.
Any employee in paid status beyond their scheduled work-day, or forty (40) hours in a week
[except one hundred twenty(120)hours in three(3)weeks for twelve(12)hour shifts] shall be paid
for overtime at a rate of one and one half(1 %2) times, or accrued within comp time limits. Please
refer to Article 6.5 for comp time accrual. Employees in the 3-12 cycles (36, 36, 48 hours) shall be
paid overtime for all hours in excess of this schedule.
All overtime hours worked shall be approved by the Manager or Designee.
Work performed on the seventh (7th) consecutive day or Holidays shall be paid at the rate of time
and one-half(1 %2). `Overtime' on Holidays shall be paid at the double time rate.
When an employee is called in to work all or part of a shift, a minimum of four(4)hours'pay at the
appropriate rate shall be allowed. The employee receiving the four (4) hours of pay will be
required to work four (4) complete hours, unless the employee requests to leave prior to the
expiration of the four(4)hour work period. In such case, the employee will receive the appropriate
pay for the time worked. When an employee is called in for other reasons (court duty, transports,
appointments, etc.), the employee shall receive a minimum two (2) hours at the appropriate rate.
The employee receiving the two (2) hours of pay will be required to work two (2) complete hours
unless the employee requests to leave prior to the expiration of the two (2) hour period. In such
case,the employee will receive the appropriate pay for the time worked.
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The above provision does not apply to employees who are called to come in early, or who stay
after their regularly scheduled shift.
When an employee is called in to cover the remainder of a shift for an employee who is on duty,
but must leave, the called-in employee must be able to arrive at the work-site within 60 minutes in
order to be eligible to accept the shift.
Anyone required by Management to be available at a fixed location, or who is required to remain
accessible by radio, telephone, beeper, etc., during any hours other than his/her regular working
hours shall be credited one-half(1/2)time pay or comp time for each hour of such service.
Subject to the below paragraphs, all available shifts, including vacancies, shall be offered by
seniority to employees subject to management's gender requirements:
Shifts for non-scheduled absences of full-time employees shall be first offered to full-time
employees. Non-scheduled absences are those absences for which the absent employee did not
provide Detention at least 24 hours' notice prior to the absence. For gender specific shifts, (shifts
normally scheduled to be worked by a male or female staff member that run from approximately
0600-1800 or 1800-0600), the shift being offered will be first offered to full-time staff of the same
gender as the regularly scheduled absent staff. A full-time staff may take all or part of the shift,but
shall not leave less than four hours not taken. If, after an attempt is made to fill the shift, and no
gender appropriate full-time staff members are available, then the shift, or remaining portion of the
shift, may be offered to part-time staff who are the same gender as the absent staff. Full-time
employees will be first offered all non-scheduled absences for regularly scheduled full-time shifts
(including a non-scheduled absence of a part-time employee who had been previously scheduled to
replace a full-time employee's scheduled absence).
In the event that no full-time or extra-help employees of any gender are available to take an open
shift, management shall be called and one of the staff currently on shift shall be required to remain
on shift until relief arrives.
Other available shifts, including those scheduled to extra-help employees, will be offered in the
following order:
a) To extra-help employees so long as the extra-help employee does not work or is not
scheduled to work more than forty(40)hours during the week,
b) To full-time employees.
For safety reasons, barring extraordinary circumstances, employees shall not work more than
sixteen (16) consecutive hours with an intervening eight (8) hours of rest prior to their next period
of work. However, up to eighteen (18) consecutive hours shall be allowed if the employee is
scheduled to have the next day off.
6.5 Comp TudE
The Elected Official/Department Head may authorize comp time in lieu of overtime compensation
and, if so, the employee shall receive comp time at the time-and-one-half(1 1/2) rate. Comp time
earned may be used only on the days mutually agreed by the employee and the County. Employees
L) ORIGINAL
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hired before January 1, 2011, may accrue up to two hundred forty (240) hours of comp time. All
comp time after the limit of two hundred forty (240) hours is reached shall be paid at time and one-
half, or used by the employee as time off. Employees hired on or after January 1, 2011, shall be
permitted to accrue up to eighty(80)hours of comp time. For employees hired on or after January 1,
2019, no rollover comp time can be banked, and the allowed eighty (80) hours of accrued comp
time must be used, or paid out by the end of each year. If the employee does not use all their
accumulated comp time, they will receive a payout for the unused comp time on the December 25
payroll check. All unused comp time will be paid at the end of each year. However, at the
employee's request, up to twenty-four (24) hours of comp time is permitted to carry-over into the
following year. The scheduling of comp time off shall be requested and approved in the same
manner as vacation leave.
Compensation shall not be paid (nor comp time earned) more than once for the same hours under
any provision of this Article or Agreement. Premium or overtime pay shall not be duplicated or
pyramided unless required by the Fair Labor Standards Act, in which case premium or overtime
pay shall be based on the employee's regular rate of pay.
Unless there are bon a fide work requirements, authorized overtime work opportunities shall be
distributed as equally as possible, in order of seniority within job classifications. Employees may
decline voluntary overtime opportunities.
ARTICLE 7—EMPLOYMENT PRACTICES
7.1 NONDISCREmiNATION
Under this Agreement, neither party will discriminate against employees on the basis of race, sex,
age, marital status, color, creed or religion, national origin, political affiliation, veteran status,
sexual orientation, or any real or perceived sensory, mental or physical disability, or because of
participation in or lack of participation in union activities. Bona fide occupational qualifications
based on the above traits do not violate this Section.
Sexual harassment will be considered discrimination under this Article.
Disputes involving this Article may be processed through an appropriate agency and/or the grievance
procedure; however, use of the grievance procedure is encouraged prior to the initiation of any other
official action involving such a dispute when the action is originated by the Union or members
thereof.
Whenever words denoting gender are used in this Agreement, they are intended to apply equally to
either gender.
7.2 JOB POSTING
All job vacancies (or newly created positions) under this Agreement shall be posted within each
division for ten (10) days for bidding purposes. Employees who are promoted or transferred shall
be given a reasonable trial period of up to three (3) months, subject to review under the grievance
procedure. If unsuccessful in the new position, the employee shall be returned to their previous
position.
ORIGINAL
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7.3 PROMOTIONS
Promotions,Transfers and Demotions defined-As used in this Article the following terms mean:
A) Promotion is a change of an employee from a job classification to a different job
classification which is compensated at a higher salary range within their division.
B) Transfer is a change of an employee from a job classification to a different job
classification which is compensated at the same salary range within their division.
Q Demotion is a change of an employee from a job classification to a different job
classification which is compensated at a lower salary range within their division.
Employees who promote, transfer or voluntarily demote to another job classification within their
Division shall serve a three(3)month trial service period in their new position.
Employees may elect to revert to their previous job classification and position within thirty (30)
calendar days of the effective date of the promotion,transfer or voluntary demotion. After this time,
if an employee fails to successfully complete the trial service period in the new job classification, the
employee may be returned to their previous position if it has not been either abolished or filled. If the
position was abolished or filled (i.e. an offer of employment has not been extended), such employee
will be laid off and eligible for recall in accordance with Article 8, except that the employee may not
bump another employee. Employees on trial service shall be paid the appropriate established salary
for that position; and, if reverted, will return to their previous salary (including any adjustments due;
e.g. salary increase, step increase,etc.).
Employees who promote, transfer or voluntarily demote to a job classification outside of a Division
shall serve a three (3)month trial service period in their new position. If they fail to obtain Regular
status in the new position the employee may not return to their previous position, unless the
employee chooses to revert back within thirty (30) calendar days. In that case, the employee will be
returned to the same or similar classification and pay as held prior to promotion or transfer(including
any adjustment due, e.g., salary increases, step increases,etc.).
When an employee is promoted, they will be placed on the step and range on the salary plan that
gives them at least a five percent (5%) wage increase. Step increases from that date will depend on
where the employee is placed.
When an employee is transferred,they shall retain their step placement and their step date.
When an employee voluntarily accepts a lower classification within the bargaining unit helshe shall
be placed on the same step in the new range(Example: 11 E to 9E).
7.4 PERSONNEL FILE/POLICIES
Unless otherwise provided by the terms of this Agreement, the Employer Administrative and
Personnel Policies shall apply to members of this bargaining unit. Employees shall also refer to
Employer policies to resolve matters not covered by this Agreement or for clarification of matters
covered by this Agreement. However,where there is a conflict between Employer policies and any
provisions of this Agreement,the provision(s)of this Agreement shall govern.
The official personnel file for each employee shall be clearly identified as such and the Human
Resources Department shall be the custodian of such files. The files shall be locked, and ss shall
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be limited to the employee's Employer or anyone designated by the Employer to act on their behalf,
and staff in the Human Resources Department. An employee may examine his/her own personnel
file by making an appointment with Human Resources. Representatives of the employee may be
granted access with the written authorization of the employee, except as authorized by law.
Conditions of hiring, termination change in status, shift, evaluations, commendations and
disciplinary actions shall be in writing with a copy to the Employee prior to placement in their
personnel file. The Employer's failure to abide by this Article pertaining to personnel file access
shall not affect the Employer's ability to proceed with the merits of discipline or discharge but may
be a separate Union grievable matter and any grievance time-lines will be correspondingly
extended.
Employees shall have the right to provide a written response to any written evaluations or
disciplinary actions to be included in the personnel file. Upon approval of the Human Resources
Department, employees may add additional documents to their personnel file including, but not
limited to, certifications, degrees, and commendations.
Medical files shall be kept separate and confidential in accordance with state and federal law.
7.5 EVALUATIONS
The purpose of evaluation is to help an employee be successful in performance and to understand
the standards and goals of their position and their Division. The evaluation will assess and focus
on the employee's accomplishment of their job functions and the goals and standards of the
position. Where the employee does not meet the above, a plan for correction, training or support
should be developed with the employee.
Evaluation may occur in two forms:
7.5.1 All regular employees should be formally evaluated in writing by their
immediate supervisor and/or Department head or designee during the probationary or trial
service period and at least annually(at date of hire or a common date)thereafter.
7.5.2 Additionally, evaluation of job performance may occur at any time and
on an ongoing basis. Evaluation may occur in various ways and may include coaching,
counseling or written assessment.
The evaluation process shall also include a review of the current job description.
Evaluation shall not, by itself, constitute disciplinary action — disciplinary action must be
specifically identified as such,in writing, consistent with Article 7.6.
Employees will be given a copy of the evaluation. Employees will be required to sign the
evaluation, acknowledging its receipt. Evaluations are not grievable, however, employees may
elect to provide a written response to the evaluation, which will be retained with the evaluation in
the employee's personnel file.
ORIGINAL
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7.6 DISCIPLINE/CORRECTIVE ACTION
The Employer agrees to act in good faith in the discipline, dismissal or demotion of any regular
employee and any such discipline, dismissal or demotion shall be made only for just cause.
No employee shall be discharged except for just cause. The parties recognize that just cause
requires progressive discipline. Progressive discipline may include:
• oral warnings,which will be documented;
• written warnings — which may also include work performance improvement or corrective
action plan for poor work performance or misconduct,
• suspension without pay;
• demotion; or
• discharge.
The intent of progressive discipline is to assist the employee with performance improvement or to
correct misconduct. Progressive discipline shall not apply where the offense requires more serious
discipline in the first instance. Both the sequencing and the steps of progressive discipline are
determined on a case-by-case basis, given the nature of the problem.
All disciplinary actions shall be clearly identified as such in writing. The employee will be
requested to sign the disciplinary action. The employee's signature thereon shall not be construed
as admission of guilt or concurrence with the discipline, Employees shall have the right to review
and comment on disciplinary actions in their personnel file.
A copy of all disciplinary notices shall be provided to the employee before such material is placed
in their personnel file. Employees disciplined or discharged shall be entitled to utilize the grievance
procedure. If, as a result of the grievance procedure utilization,just cause is not shown, personnel
records shall be cleared of reference to the incident,which gave rise to the grievance.
The Employer will notify the Union in writing within three (3) working days after any notice of
discharge. The failure to provide such notice shall not affect such discharge but will extend the
period within which the affected employee may file a grievance.
The Employer recognizes the right of an employee who reasonably believes that an investigatory
interview with a supervisor may result in discipline to request the presence of a Union
representative at such an interview. Upon request, they shall be afforded a Union representative.
The Employer will delay the interview for a reasonable period of time in order to allow a Union
representative an opportunity to attend. If a Union representative is not available or delay is not
reasonable, the employee may request the presence of a bargaining unit witness. (Weingarten
rights)
Employees shall also have a right to a notice and a determination meeting prior to any disciplinary
action (except oral warning). The Employer must provide a notice and statement in writing to the
employee identifying the performance violations or misconduct alleged, a finding of fact and the
reasons for the proposed action. The employee shall be given an opportunity to respond to the
charges in a meeting with the Employer, and shall have the right to Union representation during
that meeting;upon request. (Loudermill rights)
D, ORIGINAL
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The Employer shall endeavor to correct employee errors or misjudgments in private, with
appropriate Union representation if requested by the employee.
Discipline shall be subject to the grievance procedure in this Agreement as to whether or not such
action as to any post-probationary employee was for just cause. Just cause shall be established if
the following has been shown by the Employer:
1. Notice: That the Employer did forewarn employee of possible consequences of conduct.
2. Reasonable Rule or Order: That the Employer policy,rule, or order involved reasonably
related to the orderly, efficient, or safe operation of the Employer;
3. Investigation: That before administering discipline, the Employer did make an effort to
discover whether employee did,in fact, violate or disobey an Employer policy or rule;
4. Fair Investigation: That the Employer conducted its investigation objectively;
5. Proof: That, in the investigation, the Employer did obtain evidence or proof that the
employee violated such Employer policy or rule;
6. Equal Treatment: That the Employer applied its rules, orders, and penalties
evenhandedly and without discrimination under the circumstances; and
7. Penal : That the degree of discipline was reasonably related to the seriousness of the
offense and/or the employee's record.
ARTICLE 8—SENIORITY
8.1 DEFINITIONS
Division: Refers to Juvenile Detention.
Job Classification: Job Classifications are identified in Appendix A
Division Seniority: The service time spent in each individual Division within the bargaining unit.
Employer/County Seniority: The total unbroken service with Mason County. An employee's County
seniority shall be established as the initial date of hire upon completion of the original six (6) month
probationary period. -
Bggaining Unit Seniority: The total length of continuous calendar-based service with the
Employer and in the bargaining unit.
Seniority shall be established upon appointment to a regular full-time or part-time, budgeted
position within the bargaining unit. No seniority shall 'be established while an employee is
employed as Seasonal or an Extra Help position. Time in service in a Temporary position shall
count for leave accrual or step movement purposes only. A Temporary employee or a Regular
employee in a Temporary position who is hired without a break in service directly into a Regular
position in the same classification shall be credited for Division Seniority from the original date of
hire into that classification. ...,
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The appointment date shall be adjusted for leaves of absence without pay, except when such leaves
are the result of federal or state legally protected leaves.
Other Definitions:
8.1.1 Application of Seniority
How an employee's years of continuous service are utilized to determine their respective rights
in regard to postings,promotions,reassignment,transfer,layoff, or recall.
8.1.2 Continuous Service
Means uninterrupted employment with the Employer subject to the following provisions:
1. Continuous calendar-based service shall include uninterrupted employment.
2. Continuous service is terminated by resignation, termination, retirement, layoff
or failure to respond to two offers of recall to former or comparable employment.
8.1.3 Layoff
A layoff is identified as the anticipated and on-going or prolonged reduction in the number
of full-time equivalent (FTE) positions or in the number of partial FTEs within the
Employer or within a job classification covered by this Agreement. A reduction in force in a
classification may occur for reasons of lack of funds, lack of work, efficiency or
reorganization. Reductions in force are identified by classification within the affected Office
or Division.
8.1.4 Affected Group/Employees
An Affected Group would be any job classification that is subject to a layoff. An Affected
Employee would be the least senior employee(s) within an affected job classification,
which are subject to lay-off or reduction in force and have certain rights as a result.
8.1.5 Layoff Alternatives
A number of alternatives exist for affected employees including:
1. Assume a vacant position-per Article 8.13.1
2. Bump- displacing a less senior employee
3. Recall- accepting unemployment and the option of future recall
8.1.6 Bumping
The displacement of a less senior regular employee by another regular employee with more
seniority as defined by this Article.
8.2 APPLICATION OF SENIORITY
In the event of reassignment, transfer, layoff, or recall, seniority shall be the determining factor
where employees are equally qualified to do the job.
Seniority shall be applied in the following manner:
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For purpose of promotions and/or layoffs from within a Division, seniority shall mean that time spent
in each individual Division within the bargaining unit.
For all other purposes, seniority means total unbroken services with Mason County. An employee's
County seniority shall be established as the initial date of hire upon completion of the original six(6)
month probationary period
8.2.1 Postings/promotions
In regard to job postings,promotion and reassignment, "qualifications" and/or"ability"will
be the primary consideration, with such posting or promotion being consistent with Article
7 and this Article. Qualifications will include the minimum qualifications of education,
training and experience as set forth in the job description, as well as the job performance,
ability, employment record and contribution to the needs of the Division.
8.2.2 Layoffs
Total Division Seniority shall determine who is to be laid off within the selected
classification (affected group) and within the Division. The least senior regular employee(s)
within the classification shall be the affected employee(s). In the event of two employees
having the same Division Seniority, bargaining unit seniority shall be determinative. In the
event of two employees having the same bargaining unit seniority,Employer seniority shall be
determinative.
8.2.3 Bumping
As to bumping, the employee's "competence" and the ability to adequately perform the
unique functions of the job assignment will be the primary consideration, applied in
accordance with seniority. Competence / Ability to adequately perform will be defined as
the immediate, clear and full performance on the job, with a minimal period of orientation
and no material reduction in the efficiency of the operation or services, as determined by
the Employer.
8.2.4 Recall
Seniority shall be determinative in the identification of which employee is to be recalled,
when there are more than one who is qualified and/or have previously performed a
position. In the event that an employee is being recalled to a new position, the employee's
qualification and the ability to adequately perform the unique functions of the job
assignment will be the primary consideration, applied in accordance with seniority,
consistent with Article 8.2.3.
8.3 PROBATIONARY PERIOD
A probationary employee does not have the right to grieve dismissal. Upon successful completion
of the probationary period, the Employer seniority of the regular employee shall be established as
the initial date of hire including the service during the probationary period. Division seniority shall
then be based on continuous service with the Division.
The principle of seniority shall be used in layoff for lack of work and recall upon resumption of
work. Laid off employees will retain seniority rights for eighteen(18)months from date of layoff.
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8.4 Loss OF SENIORITY
Seniority shall terminate by discharge from service or by voluntarily leaving County service;
provided that employees on layoff status retain the seniority they had at time of lay-off for eighteen
(18)months from date of layoff, who are recalled within eighteen(18) months of the date they were
laid off shall have their original seniority date adjusted by the period of time in layoff status.
An employee,therefore, will lose seniority rights by and/or upon:
•'• Resignation.
•'• Discharge.
•'• Retirement.
❖ Layoff/Recall list of more than eighteen(18) consecutive months.
❖ Failure to respond to two offers of recall to former or comparable employment.
Employees who are re-employed following the loss of their seniority (this does not apply to those
returning from layoff), shall be deemed a newly hired employee for all purposes under this
Agreement.
Employees rehired by the Employer (this does not apply to those returning from layoff) will be
considered as new employees under this Agreement.
8.5 LAYOFFS
A layoff is an involuntary reduction in force by termination of employment or a temporary or
permanent involuntary reduction of hours below an employee's normal workweek or work month.
The Employer may reduce the work force because of lack of work or lack of funds.
For purposes of this article, layoff is further identified as any reduction in hours which results in a
regular position being less than their budgeted FTE.
Total Division Seniority shall determine who is to be laid off within the selected classification.
Bumping rights are determined by Division seniority, consistent with Article 8.2.
Layoff process:
A. The Employer may reduce the work force because of lack of work, lack of funds, or
workflow reorganization.
B. If a reduction in the work force becomes necessary, the Employer will first consider
reduction through normal attrition, (i.e.,by not filling normally occurring vacancies.)
C. If normal attrition is not feasible, then the Employer shall determine which positions(s)
will be eliminated. The least senior employee(s)in the affected job classification(s) shall
be laid off.
Before laying off any regular employee, all temporary and probationary employees within the same
Division shall be laid off first, provided there is a regular employee qualified to do the work of the
position.
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8.6 NOTICE
Employees scheduled for layoff shall be given at least fourteen (14) calendar days' written notice of
the lay off.
8.7 MEETING WITH UNION
The Union shall also be notified in writing of any reduction in hours proposed by the Employer,
including the purpose, scope, and duration of the proposed reduction.
Upon the Union's request, the Employer and the Union shall meet promptly during the notice
period identified in Article 8.6 to discuss the reasons and the time-lines for the layoff and to review
any suggestions concerning possible alternatives to layoff. Union concerns shall be considered by
the Employer prior to implementation of any reduction in hours. This procedure shall not preclude
the Employer from providing notice to employees or requesting volunteers to take leaves of
absence without pay,provided the Employer notify the Union of the proposed request.
8.8 AFFECTED GROUP
The following procedure shall apply to any layoff:
8.8.1 Affected employees
The Employer shall first determine by job classification the number of employees or FTEs
to be affected by the layoff. The employees) holding such FTEs, which are subject to
layoff, shall be the"affected employee(s)."
The least senior employee, by Division seniority, within the affected job classification shall
be selected for layoff, consistent with Article 8.2.2. The exception would be only when the
Employer determines that the position requires unique qualifications and abilities necessary
to perform the specialized and required functions of that position, which would then
become an overriding factor.
In cases where Division seniority within a job classification is equal, bargaining unit
seniority will be the determining factor. In the event this is also equal, Classification
seniority will control. In the event this is also equal, Employer seniority will control. If all
of the seniorities are equal, then Management shall make the final decision based on
performance and job skills.
8.8.2 Volunteers
Simultaneous with implementing the provisions of the layoff procedure, the Employer may
first seek, by a five (5) working day posting process, volunteers for layoff or voluntary
resignation from among those employees who work within the same job classification as
the affected employees. If there are more volunteers than affected employees, volunteers
will be chosen by bargaining unit seniority. Employees who volunteer for layoff may opt
for recall rights as described in this article at the time of layoff.
If there are no or insufficient volunteers within the affected job classification, the remaining
affected employees who have received notice must choose promptly (within five (5) full
working days of receipt of the Notice) among the layoff options set forth in Article 8.13.
"1
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8.8.3 Probationary Employees
If the number of volunteers is not sufficient to meet the announced number of necessary
layoffs, and if the affected employee is an initial probationary employee, then that
employee shall be laid off and are ineligible to select among layoff options.
8.9 VACANT POSITIONS
Positions will be filled in accordance with Article 8.2 and other sections of this Article.
Within the bargaining unit and the Division, affected employees and employees on the recall list
shall be given first opportunity for vacant bargaining unit positions for which they are qualified
prior to outside hiring by the Employer, consistent with Article 8.13.1. Within other Divisions,
affected employees will be given consideration for vacant positions for which they are qualified.
All job vacancies (or newly created positions) under this Agreement shall be posted for ten (10)
calendar days for bidding seniority purposes and may be awarded to the senior qualified bidder
subject to gender needs and the limitations set forth below for Juvenile Detention Division only.
8.10 SENIORITY LIST
The Employer shall update the seniority list and provide it to the Union annually or upon request,
consistent with Article 3.3. If a layoff is announced, a current ranked seniority list including job
classifications,names,job locations, and FTE or hours per week shall be provided to the Union and
posted in the affected Division.
8.11 ORDER OF LAYOFF
The least senior employee(by Division Seniority)within the affected job classification and affected
Division shall be selected for layoff. No regular employee shall be laid off while another employee
in the same classification within the Division is employed on a probationary, extra help or
temporary basis, unless specialized skills are required to fill the position that are not possessed by
the regular staff member. This provision shall apply only to the classification where the initial
layoff occurs and not to the classification into which laid off employees have bumped.
8.12 COMPARABLE EMPLOYMENT
For purposes of this Article, "comparable employment,""comparable position"or vacancy shall be
defined to include a position which has the same salary pay range and, additionally, the educational
and experience qualifications, FTE and work-week are substantially similar.
8.13 LAYOFF OPTIONS
Affected employees who have completed their probationary period shall have the following
options:
8.13.1 Assume a Vacant Position
On a bargaining unit seniority basis, to assume a vacant position in the same Division and
bargaining unit, for which they are qualified. On a bargaining unit seniority basis, the
employee shall also be considered for available job openings within the Employer for
which the employee is qualified.
When a regular full-time or part-time employee is being laid off the Employer may offer a
temporary position if one is available and the employee has the ability to perf the w.,q
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Laid off employees who accept these assignments will be provided the benefits and
provisions of the temporary assignment. Employee(s) accepting these assignments will be
subject to recall.
8.13.2 Bump
Employees scheduled for layoff may bump into another employee's position in lieu of being
laid off,if all of the following conditions are met:
1. They have more Division seniority than the employee they will bump;
2. The job classification they are bumping to is paid on a salary range that is
equal to or less than the salary range of their job classification; and
3. They previously held status in that job classification or they are determined
by the Employer to be qualified to immediately perform the primary
functions of the job within thirty(3 0) calendar days; and
4. They provide at least five (5) working days' notice from the date of the
layoff notice of their intent to exercise their bumping right to the Employer.
Under no circumstances shall an employee's exercise of his/her bumping right result in a
greater benefit to the employee than previously held(e.g. a promotion or increase to full-time
if previously part-time).The employee bumping into another position shall be given an
orientation period to familiarize the employee with the practices and/or policies related to the
job. The employee who may be displaced by the more senior employee who is bumping shall
be provided at least fourteen(14) calendar days' written notice of layoff. If this employee is
eligible to bump another employee pursuant to the conditions in Subsection 8.13.2, above,
then that third employee identified for layoff shall be laid off.
Laid off employees, including bumped employees, shall be allowed to bump less senior
employees (by bargaining unit seniority) only within their Division, i.e. Detention, , in
lower classifications or in classifications which the employees previously held and are still
competent to perform the work of the classification.
Regular Employees faced with a reduction of hours shall have the option of remaining in
the reduced position (if above the 20-hour threshold) or bumping to a lower classification,
if competent as defined in Article 8.2.3. Competent shall mean having demonstrated skills
and required experience to perform the job; and in case of disputes, the Employer shall
make the final decision.
An employee who has bumped shall move to the highest step of the new range that does not
exceed their current salary.
If there is no employee in the next lower classification who is less senior than the person
scheduled for layoff, that person may look progressively to the next lower classification for
such bumping rights.
The employee who is bumped by the affected employee shall have the same rights under
this Article. n qpi]�/y8'(Ta NA
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8.13.3 Recall
If the affected employee elects not to take a vacant position, elects not to bump or cannot
immediately and adequately perform the functions of the job assignment in assuming a
vacant or bumped position, then that employee will be placed on the recall list and will be
eligible for recall under Article 8.15.
Nothing contained in this layoff section shall be construed to require the Employer to modify its
position and classification structure in order to accommodate bumping or other re-employment
rights.
Salary placement rules shall apply to recall to regular positions and to employees who have
bumped. Employees bumping to another position shall retain their old anniversary date for
purposes of step increases. Persons recalled to the same salary range shall be placed in their former
step and time in step. The Employer shall determine the salary for non-regular positions not
represented by the bargaining unit.
8.14 REnucnoN Hours/FTE
An employee subject to an involuntary reduction in their FTE may elect to accept the reduction,
may bump and/or may elect to be placed on recall in accordance with Article 8.13. If the reduction
results in hours less than their budgeted FTE, it will be considered a layoff and the employee shall
have the right to bump or recall list.
8.15 RECALL
Any Regular employee who is laid off shall have-his/her name placed on a recall list within each
respective Division for the classification he/she was laid off from, for any lower classification in the
same series, and for any other classification in which the employee has held permanent status. The
employee's name shall remain on the recall list(s) for a period of eighteen (18) months from date of
layoff. Persons shall be recalled in inverse order of layoff to the classification held at the time of
layoff. Employees who were laid off shall be considered for other positions in their Division and/or
within the bargaining unit in accordance with Article 8.13.
It shall be the responsibility of each person on a recall list to keep the Employer informed of his/her
current address and telephone number. The layoff letter to the employee shall advise him/her of their
recall rights and of the name and address of the person in County government to whom the employee
must send notice of their current address or any subsequent changes. The Employer shall have the
right to remove the name of any person on the recall list if there is no response within fourteen (14)
calendar days after the Employer has mailed a certified letter (return receipt request) to the person's
last known address.
If an employee on recall accepts an opportunity to return to work in a lower classification than the
one laid off from, the employee's name may remain on the recall list for their previous higher
classification for the balance of the eighteen(18)months, and shall be given an opportunity to accept
such a position if it should become available. If an employee is recalled to return to the same
classification from which he/she was laid off, and refuses the offer to return, his/her name shall be
removed from the recall list and further return rights shall be forfeited.
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Employees recalled to their former classification within eighteen (18)months of being laid off shall
be placed at the same salary range and step, and time in step, in effect at the time of layoff. In
addition, employees recalled to County service within eighteen (18) months to the same or another
job classification, Office or Division shall have the sick leave balance as of the date of layoff restored
(unless the employee received a sick leave cash out at the time of layoff); shall accrue annual leave at
the same accrual rate in effect as of the date of layoff; and the number of years of continuous County
service at the time of layoff shall be credited towards eligibility for the longevity benefit. Employees
recalled into regular part-time positions shall be subject to pro-rated benefits as described in other
articles of this Agreement.
As long as any employee remains on the recall list, the Employer shall not newly employ by hiring
persons into the affected bargaining unit classification(s), within their Division, until all qualified
employees holding recall rights to that affected classification have been offered recall.
A copy of the recall list shall be provided to the Union,upon request.
There shall be no probationary requirement for persons returning to their former position if the
initial probationary period has been completed.
Employees shall not lose seniority original as a result of layoff for a period of up to eighteen (18)
months,per Article 8.4.4; provided, however, that no benefits nor seniority shall be accrued during
the period of layoff.
It is understood that a person who has bumped to another position, or has been laid off and recalled
under this Agreement,must meet the education, experience and/or training requirements (including
completion of State mandated Academy, Guardian ad Litem, and Community Juvenile
Accountability Act requirements, if appropriate), as well as licenses and/or certificates and
polygraph requirements, in order to exercise their seniority rights. Laid off employees will retain
their seniority rights for eighteen (18)months from the date of layoff. Seniority shall be lost if the
employee does not return to work when offered their previous position.
8.16 VACATION&LEAVE CASH OUTS/PAY
Any regular employee who is laid off or terminated shall be cashed out for any unused vacation
benefits or comp time with their final paycheck, to the extent of established maximums (per other
Articles of this Agreement).
Sick leave balances at the date of layoff shall be restored upon recall with the Employer if the
person is recalled into a regular position from the recall list and the employee did not receive a sick
leave cash-out per Article 13.1. No sick leave shall accrue during the period of layoff.
If a person on the recall list is employed in a temporary position, only sick leave accrued during
temporary employment may be used during temporary employment. Sick leave accrued during
temporary employment may be added to any existing sick leave balance if the person is hired into a
regular position from the recall list.
8.17 UNEMPLOYMENT CLAIMS
If laid off employees apply for unemployment compensation benefits, the Employer will not
contest the claim and will confirm that the employee was laid off.
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ARTICLE 9—WAGES
9.1 WAGE SCHEDULE.
Effective January 1, 2019 through December 31, 2020, each employee shall have his/her base wage
as set forth in Appendix A, and an across the board increase(as below in this section):
INCREASE
1/1/2019 2.00%
1/1/2020 1.75%
Should it become necessary to establish a new job classification within the bargaining unit during
the life of this Agreement, the Employer may designate a job classification title and salary for the
classification. The salary for any new classification within the bargaining unit shall be subject to
negotiations, consistent with Article 2.2.
Each move within a range is determined by the employee's anniversary date. The anniversary date is
the day the employee started work within a range. Upon promotion of an employee placing him/her
in a higher range,the date of the promotion becomes the anniversary date that determines future step
increases within that range. The employee's actual date of hire with Mason County will always
remain the same(regardless of promotion) for purposes of vacation leave, sick leave, and retirement.
The Employer shall make available information monthly, which shall reflect all items covered by
gross pay such as; sick leave,vacation time, straight time and overtime.
9.2 HIRE-IN RATES
New regular employees shall normally be placed at Step 1 of the appropriate salary range or placed
consistent with current personnel rules.
9.3 SHIFT DIFFERENTIAL
There shall be a shift differential of$.50(fifty cents)per hour for any assigned shift except Day
Shift(shifts beginning between 5:00 AM to 10:00 AM).
ARTICLE 10—OTHER COMPENSATION
10.1 CALL—BACK PAY
All employees will respond to emergency call-outs unless extenuating circumstances such as
illness or other incapacitation prevent the employee from responding. Pursuant to provisions of
RCW 38.52 concerning Emergency Management, and Mason County Code 2.19.050, the County
may utilize personnel of any County Department or agency in a declared disaster.
Full-time employees who are called back to work after leaving the job site (and not adjacent to the
next regularly scheduled shift), shall receive a minimum of two (2)hours' pay at the overtime rate.
When an employee is called out between shifts, the time worked between shifts shall be paid at the
rate of one and one-half(1%2) times the regular rate. After working the call out shift, the employee
may have the option of working the next regularly scheduled shift, provided the supervisor and the
employee feel the employee can carry out the duties of the position safely. When the employee
does continue working, the time worked on the next regularly scheduled shift shall be compensated
at the normal straight time rate.
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During periods of emergency, changes of shift can be made with eight (8) hours' notice, provided
the employee has eight(8)hours off between the two (2) shifts.
This provision shall apply to employees who are required to attend Employer scheduled meetings
on their regularly scheduled day(s)off.
Part time employees who are called back to work after leaving the job site shall receive a minimum
of two (2)hours' pay at the appropriate rate of pay.
10.2 WORK IN A HIGHER CLASSIFICATION
No employee shall be reduced in salary or benefits because of being assigned by the Employer to
perform the work of a lower classification, except in the situation of lay off.
A supervisor may assign an employee to perform the primary duties of a higher classification, when
those duties are not part of the employee's current job classification,for the purpose of:
A. Providing work coverage during an authorized vacation period;
B. Providing work coverage during an authorized sick leave;
C. Providing work coverage for an authorized leave of absence; or
D. Providing work coverage for a currently vacant position.
If the employee is scheduled to work in the higher job classification for a minimum of three (3)
consecutive workdays, the employee shall be paid on the step of the salary range for the higher
classification that provides at least a five percent(5%)increase.
10.3 LEAD WORKER
The County may designate an employee as a Lead Worker; such designation is not considered to be a
"job vacancy"or"newly created position"as referenced in Article 8—Seniority. A lead Worker will
typically direct, oversee and/or organize the work of other employees, although the County reserves
the exclusive right to make a Lead Worker designation based on other factors and rationale. The
Lead Worker cannot hire, fire, or discipline other employees within the Teamsters bargaining unit.
This job classification is used at the discretion of management(and with prior approval of the Board
of County Commissioners). The County will give full consideration to applicants who are members
of the bargaining unit prior to filling an open lead position from outside the bargaining unit. Any
employee who acts as Lead Worker will receive an additional ten percent(10%) salary for the period
of time they perform that function.
10.4 MILEAGE REIMBURSEMENT
All bargaining unit employees who are required to use their own vehicles for Employer business
shall be reimbursed at the mileage rate set by the current policy for all miles driven on such
business.
10.5 LONGEVITY
The County shall provide additional monthly compensation above each eligible, regular full-time
employee's base salary to recognize continuous length of service as a County employee. Eligible,
regular part-time employees shall receive a pro-rated longevity benefit in proportion to the number of
hours the part-time employee is in pay status during the month as compared to that required for full
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time employment. The longevity benefit will be implemented in accordance with the following
schedule:
Beginning in l lb and continuing thru 15th years 1.5%above base
Beginning in 16ti'and continuing thru 20'years 3.0%above base
Beginning in 21'and continuing thru 25th years 4.5%above base
Beginning in 26th year and continuing thereafter 6.0%above base
10.6 CLOTHING ALLOWANCE
The County shall provide Detention employees badges as needed, shirts and a jacket for all full-
time employees, along with a three hundred dollar($300)per year clothing allowance paid January
of each year. Part-time employees shall receive the appropriate number of shirts for their position.
Newly hired Detention Officers attending an academy and/or specialized training, will be provided,
at the employer's expense, all required uniform items(athletic wear etc.)required for attendance by
the academy and/or specialized training.
ARTICLE 11 -HOLIDAYS
11.1 HOLIDAYS
The following annual paid holidays are recognized for all employees represented in this bargaining
unit,and will be paid regardless of which day of the week they occur.
New Year's Day Labor Da
Martin Luther King Day Veterans'Da Armistice Da
President's Day Thanksgiving Da
Memorial Day Day After Thanks 'vin
July Fourth Christmas Da
Christmas Eve Two 2 Floating Holidays
Employees must receive written approval at least one week in advance of the date(s) in which they
desire to utilize their floating holiday. All requests to use a floating holiday must be made no later
than the last working day of November. Floating holidays)not used by the end of the calendar year
will be forfeited,unless denied on the basis of the staffing needs of the Office or Division. Except by
mutual agreement, floating holidays shall be used in whole day increments. Christmas Eve may be
taken off based on the operational needs of the County and the Courts, and if this cannot be
accommodated,the employee will schedule an alternate day with their supervisor's approval.
11.2 RELIGIOUS HOLIDAYS
Employees may also take other religious holidays off with their supervisor's approval, with or
without pay, through utilization of vacation or comp time or by making alternative work schedule
arrangements. Such requests shall not be unreasonably denied.
11.3 HOLIDAY OBSERVANCE
When a recognized holiday falls on a Saturday, the proceeding Friday shall be considered the
holiday. When a recognized holiday falls on a Sunday,the following Monday shall be considered the
holiday.
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For those employees on a 4/10 work schedule or other alternate schedule, when one of the listed
holidays falls on one of the employee's regularly scheduled days off, the holiday shall be observed
on a day mutually agreeable to the employee and the Employer within the same workweek.
11.4 HOLIDAY ON DAY OFF
Benefitted employees shall receive eight (8) hours' holiday benefit pay and time-off for each
holiday listed in Article 11.1 —Holidays.
11.5 HOLIDAY COMPENSATION
Benefitted employees shall be paid no more than eight(8)hours of holiday benefit pay for that day
regardless of their work individual schedule. Part-time employees will receive a paid holiday in
proportion to the number of hours they ordinarily would be scheduled to work(not to exceed eight
(8)hours) on that day.
Should any work be performed by an employee on a holiday at the approval and/or direction of
their supervisor they shall be paid for time worked and overtime may result if, consistent with
Article 6.4, it results in over forty (40) hours worked for the workweek. No employee shall be
called on a holiday for less than four(4)hours, except those personnel serving Standby Duty.
Employees working approximately 50% of their shift on a Holiday will be paid for one day as if
the entire shift was worked on a Holiday. Employees not working approximately 50% of their shift
on a Holiday are paid a premium rate for the actual time worked on the Holiday (unless already
paid Holiday pay for that particular day) and at their regular rate for the time worked that is not on
the Holiday.
ARTICLE 12—VACATION
12.1 VACATION ACCRUAL
Regular and Temporary full-time employees shall accrue paid vacation leave, after six (6) months'
employment, shall be entitled to and receive vacations with pay as follows:
1'through 3'd year of employment 96 hours
4th through 7th year of employment 120 hours
8th through 9th year of employment 144 hours
10th through 11th year of employment 160 hours
12th through 14th year of employment 176 hours
15th through 16th year of employment 184 hours
17th through 19th year of employment 192 hours
20 or more years of employment 200 hours
Regular and Temporary part-time employees shall accrue vacation leave on a pro-rated basis in
proportion to the number of hours the part-time employee is in pay status during the month as
compared to that required for full-time employment, plus they must also meet the qualification for
PERS participation to have vacation leave accrual apply.
The first day of the month of hire shall be the effective date of subsequent increases in the vacation
leave accrual rate for employees hired between the first and the fifteenth of the month. The first day
2019-2020 Juvenile Detention Teamster's Collective Bargaining Agreement Page 31
of the month following the month of hire shall be the effective date of subsequent increases in the
vacation leave accrual for employees hired between the sixteenth and the last day of the month.
With the exception of promoted employees,vacation leave accrued within the first six (6)months of
employment cannot be utilized by an employee until they have successfully completed their initial
appointment probationary requirements. An employee whose employment with Mason County
terminates within the six (6) month probationary period shall not be paid for any vacation leave
accrued during the_probationary period.
For Regular and Temporary full-time or Regular and Temporary part-time employees shall
accumulate one-twelfth (1/12th) of their yearly accumulation total per month, to the maximum
amount of vacation leave that may be accrued at any point in time is four hundred (400) hours. No
vacation leave accrued will be added to an employee's vacation leave benefit when the maximum
accrual has been attained, except that the four hundred (400) hours maximum may be exceeded in
any given month with prior written approval of the Elected Official or Department Head.
Whereas the Union and the County recognizes the importance of employees utilizing earned
vacation leave to promote and enhance their mental and physical well-being, employees should
attempt to use vacation leave during the year in which it is earned.
12.2 VACATION SCHEDULING
Upon completion of six (6) months' continuous service in a Regular and Temporary position, an
employee shall be eligible for paid vacation. An employee's request for vacation leave will be
granted, provided that prior approval is given by the employer and provided that leave requested
does not prevent a Division thereof from providing efficient public service.
Regular and Temporary full-time employees must work or be in a paid status at least eighty (80)
hours in a month in order to accrue vacation leave for the month. Regular and Temporary part-time
employees must work or be in a paid status at least in the same proportion to the eighty(80)hours as
their regular hours are to full-time employment to accrue vacation leave for that month.
If an approved holiday occurs within the approved vacation leave period, such day shall be charged
as holiday leave rather than vacation leave.
Employees shall have the option of using comp time or vacation leave for approved paid time off.
It is understood that vacation requests are considered in view of the operational needs of the
County and Court, and must be agreed upon by the Administration and employee. Employees
within their division will be allowed to pre-select their vacations, as follows:
a) One vacation seniority list will be posted for full-time Juvenile Detention employees by
January 1 of each year, and shall be for the vacation period starting February 15 of the
current year through February 14 of the following year.
b) Employees, by seniority, will have the opportunity to pre-select their vacation(s) in
Round-One from either: A) up to one, two-week period; or B) up to two, one-week
periods. A second and any subsequent rounds, if needed, shall be allowed on the same
basis after completion of the previous round. These requests will be provided to the
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Administrator or his/her designee no later than February 15 of each year.
c) After the selection process is closed, staff may request a change to the posted schedule
only for their approved time; such employee, however, will not have the right to
"bump"another staff from their approved time.
d) Requests outside the vacation selection period (January 1 — February 15) will be
considered in view of the operational needs of the County and Court on a first-come,
first-serve basis, and must be agreed upon by the Administration and employee.
e) A request for vacation exceeding two consecutive weeks (10 working days) may be
approved by the Administration for extenuating circumstances and with sufficient
advance knowledge to ensure adequate staffing.
f) Written approval of a vacation request is advised before an employee purchases tickets
or pays for accommodations.
g) When requesting vacation time, the following limitations will apply unless otherwise
approved by Management in extraordinary situations:
1. Only one Full-Time staff person will be allowed vacation time off on each"Shift
Set" [the current Shift Sets are: Graveyard Early Week- Graveyard Late Week—
Days Early Week—Days Late Week].
2. Full-Time staff may request off shifts that impact only two (2) of the following
major holidays during the initial two (2) rounds of the selection process: New
Year's Day; July 4; Thanksgiving Day; Day after Thanksgiving; Christmas Day.
3. In addition to the requirement that the employee have sufficient leave time
(either anticipated vacation or actual comp time) available at the time of the
requested vacation,the employee must also have sufficient leave time two weeks
prior to the requested vacation.
Detention Staff wanting to schedule part of a day off for personal reasons must take at least four(4)
hours of vacation leave or comp time unless waived by management.
12.3 VACATION PAY
Vacation leave days shall be the same as the regular workday schedule for the Division wherein the
employee is employed. Vacation pay shall be the amount that the employee would have earned if
the employee had worked their regular position during the vacation period.
If an authorized holiday occurs within an employee's vacation period, that day will be paid as a
holiday and not deducted from the employee's vacation accruals. Employees cannot receive
vacation, sick leave or holiday pay simultaneously for the same days.
12.4 VACATION UPON TERMNATION
Upon separation of a Regular and Temporary full-time or Regular and Temporary part-time
employee by resignation (with ten(10) working days' notice), retirement, layoff, dismissal or death,
the employee or beneficiary thereof, shall be paid for unused vacation leave at the employee's rate of
2019-2020 Juvenile Detention Teamster's Collective Bargaining Agreement Page 33
pay at the time of separation,provided that no employee may cash out more than four hundred(400)
hours of vacation leave.
Employees shall provide at least ten(10) working days written notice of their effective resignation
date. The time limit of the resignation may be waived at the discretion of the Director. Pay in lieu
of unused vacation shall be forfeited if ten (10) working days written notice is not provided or
waived.
When an employee's employment terminates or an employee moves from full-time to extra help
employment, the employee shall be paid in full for all accrued vacation leave provided they have
successfully passed their 6-month probation period leave.
The cash-out of accrued leave or other accrued time off shall be paid and reported in accordance
with the provisions of law regulated by the Washington State Department of Retirement Systems.
ARTICLE 13-SICK LEAVE
13.1 SICK LEAVE ACCRUAL
Per the Washington State Paid Sick Leave law, RCW 49.46, in accordance with WAC 296-130 and
Initiative 1433, the County and the Union mutually agree to comply the with the laws. Sick leave
shall be accumulated for all Regular and Temporary full-time employees, who have worked or been
in a paid status at least eighty (80) hours at the rate of eight (8) hours per month for each month of
employment. Regular and Temporary part-time employees shall accrue sick leave on a pro-rated
basis in proportion to the number of hours the part-time employee is in a paid status during the month
as compared to that required for full-time employment. Sick leave accrual may not exceed one
thousand two hundred(1,200)hours.
13.2 SICK LEAVE USAGE
Usages of sick leave shall be consistent in accordance with the Washington State Paid Sick Leave
law, RCW 49.46, WAC 296-130 and Initiative 1433, the County and the Council mutually agree to
comply with the laws.
13.3 SHARED LEAVE
Employees are eligible to participate in the County's Shared Leave Policy.
13.4 COORDINATION—WORKER'S COMPENSATION
In the event an employee shall be entitled to benefits or payments under any program of disability
insurance furnished by the Employer, Worker's Compensation Act or similar legislation by the
State of Washington or other governmental unit, the Employer shall pay to the employee only the
difference between the benefits and payments received under such insurance or act by such
employee and the regular rate of compensation that he/she would have received from the Employer
if able to work. In such event, the number of hours deducted from the employee's total accrued
sick leave shall be the hourly equivalent of the Employer's payment. The foregoing payment or
contribution by the employer shall be limited to the period of time that such employee has
accumulated sick leave credits as herein above specified.
Time missed from work that is due to Worker's Compensation claims will be considered as time
worked for employee's paid Health and Welfare and Vacation purposes up to one(1)year. ]i
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a. For a period of absence from work due to injury or occupational disease resulting from
County employment, the employee shall file an application for Worker's Compensation
in accordance with State Law.
b. If the employee has accumulated sick leave credit, the County shall pay the sick leave
difference between his/her time loss compensation and his/her full regular salary unless
the employee elects not to use his/her sick leave.
e. Should an employee receive Worker's Compensation for time loss and he/she also
receives sick leave compensation, his/her sick leave accrual prior to the time loss will
be reduced by the total number of hours he/she was on sick leave minus the number of
hours at full salary for which he/she is paid to the nearest hour.
d. Until eligibility for Worker's Compensation is determined by the Department of Labor
and Industries, the County may pay full sick leave accumulated, provided that the
employee shall return any subsequent over-payment to the County.
e. Should an employee apply for time loss compensation and the claim is then or later
denied, sick leave and annual leave may be used for the absence in accordance with
other provisions of this rule.
f. Nothing herein pertains to a permanent disability award.
g. If any employee has no sick leave accumulated, the words "annual leave" may be
substituted for"sick leave" above.
13.5 FAMILY MEMBER
Authorized uses of sick leave may be utilized as referenced above in this article for "immediate
family"as defined in article 1.7.
13.6 SICK LEAVE CASH OUT
Employees hired before January 1, 2011, shall receive payment for unused sick leave upon
termination of employment with fifteen(15)years of continuous County service; or upon termination
of employment with Mason County when the termination is contemporaneous with retirement under
an appropriate Washington State Public Employees Retirement System; or upon the death of the
employee, in which case payment shall be made to his/her estate. Employees hired on or after
January 1, 2011, shall not be eligible (nor their estate) to receive any cash out of their accrued sick
leave upon separation from County service.
ARTICLE 14—LEAVES OF ABSENCE
14.1 IN GENERAL
Leaves of absence requests shall not be unreasonably denied. All leaves are to be requested in
writing as far in advance as possible.
As appropriate for the type of leave requested, paid leave accruals will be utilized prior to unpaid
leave, unless otherwise provided for in this Agreement.
. Tl'l: ,
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Leave does not accrue nor may it be used until the first day of the following pay period in which it
is earned(no "negative"leave use during the period in which it is earned).
14.2 JURY DUTY/COURT
An employee, who is required to serve on a jury or as a result of official Employer duties is
required to appear before a court, legislative committee or quasi-judicial body as a witness in
response to a subpoena or other directive, shall be allowed authorized leave with pay less any
amount received for such duty.
14.3 MILITARY LEAVE
All Regular and Temporary employees shall be allowed military leave as required by RCW
38.40.060 and as interpreted by the Court. This provides for twenty-one (21) working days of
military leave per year(October 1 through September 30).
14.4 BEREAVEMENT
Employees will be provided up to three (3) days of paid bereavement leave in the event of the death
of an immediate family member. A day of bereavement leave shall be in accordance with the
employee's regularly scheduled workday. Immediate family includes only persons related by blood
or marriage or legal adoption. For purposes of this Bereavement Article,these individuals are: wife,
husband, parent, grandparent, brother, sister, child or grandchild, grandmother-in-law,
grandfather-in-law, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, daughter-
in-law, nieces, nephews, cousins, aunts, and uncles of the employee. Bereavement leave will not be
deducted from the accrued sick/vacation time. Upon request,two(2)days of accrued sick leave shall
be granted. Additional time off may be requested and charged to comp time, floating holiday or
vacation leave,as approved by the Elected Official/Department Head.
14.5 MAINTENANCE OF SENIORITY
The Employer shall adjust the employee's anniversary date to reflect any period of unpaid leave.
Seniority shall continue to accrue and the employee's anniversary date shall not be adjusted for
periods of legally protected leave, such as FMLA or military leave.
14.6 LEAVE WITHOUT PAY
If a medical leave of absence without pay is granted, the employee shall have return rights to his/her
previously held position. Return rights for any other leave of absence shall be limited to three (3)
months. If the previously held position has been abolished during the leave of absence, then the
employee shall have return rights to a similar position (a position in the same classification at the
same salary level) if there is a vacancy. If there is no vacant similar position, the employee shall be
placed on the recall list,pursuant to Article 8, Seniority,Layoff and Recall.
An employee on leave of absence may be affected by a lay-off in the same manner as if the employee
were working.
Leave of absence without pay is not creditable towards seniority and seniority related benefits, except
as identified above in Article 14.5 for identified legally protected leave such as FMLA and Military.
An employee who takes a leave of absence without pay shall have his/her date of hire for seniority
purposes adjusted for the same duration of time as the period of leave without pay. Step increases are
based on duration of employment and will be adjusted accordingly. General salary increases are not
based upon duration of employment and will not be adjusted in this manner. The employee's
}
2019-2020 Juvenile Detention Teamster's Collective Bargaining Agreement Page 36
seniority for purposes of vacation accrual, promotion and layoff would be adjusted in the same
amount as the duration of the leave without pay. In the unlikely event an employee was granted a
leave without pay during his/her probationary period, the probationary period would be extended for
the same duration as the leave without pay.
As appropriate for the type of leave requested, paid leave accruals will be utilized prior to unpaid
leave.
14.7 FAMILY LEAVE—FMLA
The County and the Union mutually agree to comply with all State and Federal Family Leave
Laws (FMLA, RCW 49.78). The Employer will grant leave consistent with the FMLA and the
adopted conditions and provisions of the state and federal law and are not intended to expand upon
the rights thus set forth.
If an employee has any questions regarding the State and Federal Family leave laws, they may
contact the County's Human Resource Department for guidance
14.8 MATERNITY LEAVE
Consistent with WAC 162-30-020, the Employer will grant a leave of absence for a period of
temporary disability because of pregnancy or childbirth. This may be in addition to the leave
entitlements of FMLA.
This leave provides female employees with the right to a leave of absence equivalent to the
disability phase of pregnancy and childbirth. There is no eligibility requirement, however the
Employer has no obligation to pay for health insurance benefits while on this leave (unless utilized
concurrent with FMLA).
Leave for temporary disability due to pregnancy or childbirth will be medically verifiable. There is
no limit to the length of the disability phase, except for the right for medical verification and the
right of second opinion at the employer's expense. At the end of the disability leave, the employee
is entitled to return to the same job or a similar job of at least the same pay as provided by law.
Employees must use their accrued vacation and sick leave, if any, during the leave period and, at
their election, any accrued comp time. Once this paid leave is exhausted, the employee's leave
may be switched over to unpaid leave.
14.9 PAID FAMILY&MEDICAL LEAVE COMPLIANCE
The County and Union mutually agree to comply with all Washington State Paid Family &
Medical Leave laws,per RCW 50A.04.
ARTICLE 15 —HEALTH & WELFARE
15.1 HEALTH AND LIFE INSURANCE
The County shall contribute as below, per employee per month toward the premiums for Health
and Welfare benefits for each employee, including their eligible dependents, compensated eighty
(80) man-hours (excludes, vacation, sick and comp time payouts, upon separation) or more per
month. This contribution is to be applied to premiums for Washington Teamsters Welfare Trust
Medical Plan B with the $200 per week time loss option and current County dental, vision, and
life insurance plans. (17
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The Employer shall continue to pay into the Washington Counties Insurance Fund for $24,000 (or
equivalent basic life insurance program) in life insurance the monthly premium for each employee
compensated for eighty (80) man-hours (excludes, vacation, sick and comp time payouts, upon
separation) or more per month.
The County contribution for Health&Welfare Insurance shall be:
A. Effective January 1, 2019 the contribution shall be increased to one thousand and
two hundred and fifty-eight dollars ($1258) per month during the term of this Agreement
for each eligible employee for medical, dental,vision, and life insurance coverage.
B. Effective January 1, 2020 the contribution shall be increased to one thousand and
three hundred and ten dollars ($1310)per month during the term of this Agreement for each
eligible employee for medical, dental,vision, and life insurance coverage.
If any other bargaining unit or group of employees receives contributions greater than the above
amounts, the members of this bargaining unit will also receive those increased amounts on the
same effective dates.
In the event the County's maximum monthly contribution is insufficient to provide all of the total
Health and Welfare premiums as referenced in Section 1 above, the priority order for full County
payment shall be as follows:
(1) Life Insurance; (2)Vision; (3)Dental; and (4) Medical.
Any monthly premium contribution required above the County's maximum contribution shall be
paid by a reduction of the necessary amount from the employee's salary.
In the event the Employer is subject to carrier plan design change or a penalty, tax, fine or
increased costs as a result of requirements or provisions of the ACA, not within the control of the
Employer, the parties agree to meet and negotiate regarding the impacts of any such cost or plan
design impacts and immediately bargain alternative provisions.
Employee Assistance Program (EAP): The County shall provide an Employee Assistance Program
(EAP)benefit for all bargaining unit employees
The County shall provide for all employees, under this agreement, to receive all three shots in the
hepatitis series and follow-up tests, along with an annual TB test.
15.2 RETIREMENT
Pensions for employees and contributions to pension funds will be governed by the Washington
State statutes in relation thereto in existence during the contract period.
15.3 TEAMSTERS PENSION
Effective January 1, 2008, based on January hours, the COUNTY shall pay an amount equal to
fifty cents ($.50) per hour for each hour for which compensation is paid to.him/her into the
Western Conference of Teamsters Pension Trust Fund on account of each member of the-Teamster
1 ;
2019-2020 Juvenile Detention Teamster's Collective Bargaining Agreement Page 38
bargaining unit, said amounts to be computed monthly. The total amount due for each calendar
month shall be remitted in a lump sum not later than ten (10) days after the last business day of
such month. The COUNTY agrees to abide by such rules as may be established by the Trustees of
said Trust Fund to facilitate the determination of the hours for which contributions are due, the
prompt and orderly collection of such amounts, the accurate reporting and recording of such hours
and such amounts paid on account of each member of the Teamster bargaining unit. Failure to
make all payments herein provided for, within the time specified, shall be a breach of this
Agreement. Further, the Employer and Union accept as their representatives for the purpose of
such Trust Funds, the present Employer and Union Trustees and their duly elected or appointed
successors.
ARTICLE 16 - TRAINING
16.1 TRAINING
Approval for attendance at training, the hours intended to be compensated and the reimbursement
for travel and expenses shall be established by the supervisor prior to the training, consistent with
the current policy.
All employees will be paid at the appropriate rate for taking County sponsored training.
All regular Detention employees will be given regular training in: Verbal De-Escalation, and
Defensive Tactics.
Full-time employees will be required to successfully complete the Juvenile Corrections Personnel
Academy when scheduled by the management, in order to maintain full-time employment.
Employees will be given one opportunity to successfully complete the DCPA. In the event the
training is not successfully passed on the first opportunity, employment will be immediately
terminated.
16.2 TRAINING REIMBURSEMENT
Compensation associated with training or representation of the Employer on official business shall
be consistent with the current policy and the Fair Labor Standards Act(FLSA).
The County will reimburse the costs of all physical examinations required to attend the Criminal
Justice Training Commission as a condition of continuing employment.
ARTICLE 17—LABOR/MANAGEMENT COMMITTEES
17.1 PURPOSE OF COMM TTEE
The Employer and the Union agree that a need exists for continuing cooperation between labor and
management, and to meet from time to time upon the request of either party concerning
suggestions and issues of a general nature affecting the Union and the Employer relations.
The parties therefore establish a Labor/Management Committee consisting of up to three (3)
members from the Bargaining Unit and the Union staff representative, and up to three (3) members
from the Employer and a representative from Human Resources. The committee will meet from time
to time,upon the request of either party,during working hours to discuss matters of mutual interest or
2019-2020 Juvenile Detention Teamster's Collective Bargaining Agreement Page 39
concern. The committee shall not have the authority to change this Agreement, nor shall it substitute
for the grievance procedure.
The above provision does not preclude and in fact encourages the parties to also meet informally
and expeditiously on an as needed basis on matters of mutual concern.
Policy Work Groups - The Union will be given an opportunity to designate participants to Policy
Work Groups related to employment policies. Policy Work Groups will be chaired by Human
Resources. Policy Work Group participants will not negotiate on behalf of the Union regarding
employment policies that would impact wages,hours and working conditions.
17.2 COMPOSITION OF COMMITTEE
The Labor Management Committee meetings will include a minimum of three (3) representatives
of the employer and a minimum of three (3) representatives appointed by Local No.252, unless
otherwise mutually agreed upon. Said committee shall attempt to meet for the purpose of
discussing and facilitating the resolution of issues, which may arise between the parties other than
those for which another procedure is provided by law or other provisions of this Agreement.
17.3 COMPENSATION
All meeting time spent by members of the joint Labor-Management Committee will be considered
time worked if during duty hours and will be paid at the appropriate regular rate of pay.
ARTICLE 18—HEALTH& SAFETY
18.1 SAFE WORKPLACE
The Employer is responsible for maintaining a safe and healthful workplace. The Employer shall
comply with all federal, state, and local laws applicable to the safety and health of its employees.
Employees shall not be required to perform work if they have a reasonable basis for believing the
assignment would constitute a danger to their health and safety. The employee shall immediately
contact a supervisor who shall make a determination with regard to safety. Upon the supervisor's
review and liability, the employee will perform the work but may refer the matter to the safety
committee or risk management.
All on-the-job injuries, no matter how slight, must be reported. Employees must immediately
notify their supervisor if they are unable to work because of a work-related injury or illness.
18.2 HEALTH&SAFETY PLAN
The Employer shall develop and follow written policies and procedures to deal with on-the-job
safety and shall conduct an ongoing site-specific safety and security plans in conformance with
state and federal laws.
18.3 DRUG FREE WORKPLACE
The Drug Free Workplace Act of 1988 for federal contractors and grant recipients requires that
employers will provide a drug free workplace. This policy strictly prohibits the unlawful
2019-2020 Juvenile Detention Teamster's Collective Bargaining Agreement Page 40
manufacture, distribution, dispensation, possession, or use of a controlled substance in the
workplace.
If a supervisor or manager reasonably suspects, through observation, that an employee may be
physically incapable of performing the essential functions of the job and/or may be under any
influence of, or impaired by, a substance, the employee shall be removed from duty immediately
and undergo substance testing for the suspected substance. Except in emergency situations, the
supervisor or manager shall consult with another supervisor, manager or representative of Human
Resources to ensure that adequate grounds for reasonable suspicion exist. The consulted
supervisor, manager or representative of Human Resources shall also personally observe the
employee before the employee is required to test for the presence of that substance. At this time,
the employee will also be notified of his or her Weingarten rights.
Employees removed from duty under such circumstances who test positive shall be required to
meet with the Employer's Substance Abuse Professional (SAP) and shall only be allowed to return
to work, if at all, in accordance with the return to work provisions of the Employer's substance
abuse policy.
18.4 WORKPLACE VIOLENCE
The Employer is committed to employee health and safety. Workplace violence, including threats
of violence by or against a County employee, will not be tolerated and should be immediately
reported whether or not physical injury occurs.
ARTICLE 19- GRIEVANCE PROCEDURE
19.1 GRIEVANCE DEFINED
The purpose of the grievance procedure is to promote harmony and efficiency between employees
and the County by providing timely settlement of grievances without fear of discrimination or
reprisal. A grievance is an allegation by an employee,group of employees or the Union that there has
been a violation,misapplication or misinterpretation of this Agreement.
Employees will be unimpeded and free from restraint, interference, coercion, discrimination or
reprisal in seeking adjudication of their grievance.
Any grievance procedure time limit may be extended by mutual written agreement. Failure by an
employee and/or the Union to comply with any grievance time limitations shall constitute withdrawal
of the grievance. Failure of the County to comply with any grievance time limitations shall permit
the Union or the employee to advance the grievance to the next step in the grievance procedure.
A grievance of interest to several employees may be filed as a"group grievance."
The processing and adjudication of grievances shall be conducted during working hours.
19.2 GRIEVANCE PROCEDURE
In the event of a grievance,the following procedure shall be used:
Step 1. A grievance must be presented within ten (10) calendar days of the incident giving
rise to the grievance or the date the grievant knew or reasonably could have known of the
Nit
2019-2020 Juvenile Detention Teamster's Collective Bargaining Agreement Page 41
incident to the Division Manager or Designee. The Division Manager or Designee may
schedule a meeting with the employee and his/her Union representative or he/she may
respond to the grievance when presented. In either case, the Division Manager or Designee
shall respond to the grievance within ten(10) calendar days of the employee raising the issue.
If the grievance is not resolved informally,then a written grievance may be filed at step 2.
Step 2. The grievance shall be presented in writing on an official Union grievance form. This
shall include:
1. The specific details of the incident or issue giving rise to the grievance;
2. The Article(s) and Section(s)of the Agreement allegedly violated; and
3. The remedy sought.
The written grievance shall be submitted by the employee and/or the Union Steward/Union
Representative to the Juvenile Court Administrator within ten (10) calendar days of the date
of the discussion in Step 1 above. A copy of the grievance will be filed concurrently with the
Human Resources Department. Within ten (10) calendar days after the receipt of the official
written grievance, the Administrator shall schedule a meeting with the employee and Shop
Steward and/or Union Representative to hear and seek to resolve the grievance. The
Administrator shall provide a written response to the employee and the Union Steward/Union
Representative within fourteen (14) calendar days of the meeting. A copy of the grievance
response shall be provided to the Human Resources Department. If the grievance is not
resolved at Step 2,the grievance may be advanced to Step 3.
Step 3. The written grievance shall be submitted to the Human Resources Manager within ten
(10) calendar days of the date of the written response at Step 2. Within ten(10) calendar days
of receipt of the grievance, the Human Resources Manager or designee shall schedule a
meeting with the employee, Union Steward/Union Representative and the Juvenile Court
Administrator(or designee)to hear and seek to resolve the grievance. The Human Resources
Manager shall provide a written answer to the employee, Union Steward/Union
Representative, and Juvenile Court Administrator within fourteen (14) calendar days of the
meeting. If the grievance is not resolved at Step 3, the grievance may be advanced to Step 4.
Step 4. The Union may choose to submit the grievance to arbitration and in such case will
deliver written notification of its intent to arbitrate to the Employer within fourteen (14)
calendar days. The Union's request for arbitration shall be in writing and may be filed with
the Public Employment Relations Commission (FERC), Federal Mediation and Conciliation
Service (FMCS), or a mutually agreed upon arbitrator or arbitration service within thirty (30)
calendar days of submitting its notice of intent to arbitrate to the Employer. In addition, the
Union shall request the arbitration service supply a list of seven (7) qualified arbitrators. If a
list of seven arbitrators is requested,both parties will attempt to agree upon an arbitrator from
this list. If they cannot agree within fourteen(14) calendar days from the receipt of the list, a
flip of the coin will determine which party strikes the first name from the list. This striking of
names will alternate between the parties until one name remains. This person shall be the
arbitrator. The referral to arbitration shall contain the following:
1. The specific details of the incident or issue giving rise to the grievance;
2019-2020 Juvenile Detention Teamster's Collective Bargaining Agreement Page 42
2. Article(s)and Sections (s)of the Agreement allegedly violated;
3. Copies of the Step 2 and 3 responses to the grievance;
4. Remedy sought.
GRIEVANCE ARBITRATION: A hearing shall be scheduled at a date,time and location mutually
convenient for all parties. In connection with any arbitration proceeding held pursuant to this Article,
it is understood as follows:
A. 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/her power shall be limited to
interpretation or application of the terms of this Agreement, and all other matters shall be
excluded from arbitration.
B. The decision of the arbitrator shall be final, conclusive and binding upon the Employer,
the Union and the employees involved, provided the decision does not involve action by
the Employer,which is beyond its jurisdiction.
C. Each party may call such witnesses as may be necessary in the order in which their
testimony is to be heard. Such testimony shall be sworn and shall be limited to the
matters set forth in the written statement of the grievance, and shall be subject to cross-
examination. The arguments of the parties may be supported by oral comment and
rebuttal. Either or both parties may submit post-hearing briefs within a time mutually
agreed upon. Such arguments of the parties, whether oral or written, shall be confined to
and directed at the matters set forth in the written statement of the grievance.
D. Either party may request that a stenographic record of the hearing be made. The party
requesting such record shall bear the cost thereof; provided, however, if the other party
requests a copy, such cost shall be shared equally.
E. The cost of the arbitrator shall be borne equally by the Employer and the Union, and each
party shall bear the cost of presenting its own case.
F. The arbitrator's decision shall be made in writing and shall be issued to the parties within
a reasonable timeframe after the date of the arbitration hearing or after receipt of the
parties' post hearing briefs are submitted to the arbitrator.
19.3 UNioN/EMPLOYER GRIEVANCE
Either the Union or the Employer may initiate a grievance at Step 2 if the grievance is submitted in
writing within ten (10) business days from the date the Employer/employees became aware or
reasonably should have known that the grievance existed. The Employer may not grieve the acts
of individual employees, but rather, only orchestrated acts or actions of authorized representatives
believed to be in conflict with this Agreement. An Employer grievance will not be subject to
Arbitration and may only go to mediation upon mutual agreement.
2019-2020 Juvenile Detention Teamster's Collective Bareainine Aereement Nee 43
The Union may initiate a Grievance at Step 2 anytime that it involves a group of employees
involving different supervisors or from different Departments. Such grievances may be referred to
mediation services by mutual agreement prior to Arbitration.
19.4 SCHEDULE OF MEETINGS
Upon request, and without unnecessary delay, a steward's immediate supervisor or designee shall
allow the steward during normal work hours without loss of pay,reasonable time to:
❖ Investigate any grievance or dispute so that same can be properly presented in
accordance with the grievance procedure.
❖ Attend meetings with the Director or other Employer representatives when such
meetings are necessary to adjust- grievances or disputes. Meetings with
designated personnel will be by appointment and held without delay when
possible.
❖ Confer with a staff representative of the Union and/or employees on Employer
premises, at such time and places as may be authorized by the Director or
designee in advance of the intended meetings.
For the purposes of this Article and Article 4.3, obtaining coverage to insure minimum staffing
levels shall not be considered an unnecessary delay. The Employer shall not be obligated to
provide coverage immediately if the use of overtime is the only means of providing that coverage
ARTICLE 20-NO STRIKE/NO LOCKOUT
'20.1 No STRIKE/No LOCKOUT
The Union agrees that there shall be no strikes, slow-downs, or stoppage of work, or any
interference with the efficient operation of the Division. Any such action shall be subject to
disciplinary action, including termination and replacement of the involved employees. The
Employer shall not lockout any employee during the life of this Agreement.
ARTICLE 21–MANAGEMENT RIGHTS AND RESPONSIBILITIES
21.1 MANAGEMENT RIGHTS AND RESPONSIBILITIES
Except as specifically modified by this Agreement, including amendments, the County—acting
through the Board of Commissioners on issues regarding economic matters, and the Mason County
Superior Court—acting on issues regarding non-economic matters, retains all legal and inherent
exclusive rights with respect to matters of legislative and managerial policy whether exercised or
not. The Parties recognize that RCW 41.56 may impose an obligation to negotiate changes in
wages, hours and working conditions not covered by this Agreement. Furthermore, the County
and the Courts reserve all customary management prerogatives including, but not limited to the
right to:
2019-2020 Juvenile Detention Teamster's Collective Bargaining Agreement Page 44
A. Establish, plan for and direct the work force toward the organizational goals of the
Mason County government.
B. Determine the organization and merits, necessity and level of activity or service
provided to the public.
C. Determine the County budget and financial policies, including accounting
procedures.
D. Determine the procedures and standards for hiring, promotion, assignment, transfer,
layoff, discipline, and retention.
E. Discipline employees for just cause.
F. Determine the methods, means, equipment, and kinds and numbers of personnel
required to accomplish the governmental operations and maintain the efficiency thereof.
G. Assign work and schedule employees.
H. Reduce staff or reduce working hours due to a lack of work or lack of funds.
I. Take all actions necessary to carry out the mission of the Court in County
emergencies.
ARTICLE 22 -GENERAL PROVISIONS
22.1 SAVINGS CLAUSE
It is understood that the parties, hereto, are governed by the provisions of applicable Federal and
State Law,which provisions shall prevail over this Agreement. Where there may be conflict between
County ordinances or resolutions and this Agreement,the Articles of the Agreement shall prevail.
Should any part thereof or any provisions herein be rendered or declared invalid by reason of any
existing or any subsequently enacted legislation, or by a decree of a court of competent
jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the
remaining portions hereof and they shall remain in full force and effect. In such event, the parties
shall meet within thirty (30) days for renegotiation of such invalid provisions, for the purpose of
adequate and lawful replacement, thereof, and to preserve the intent of the entire Agreement as
negotiated by the parties.
ARTICLE 23—ENTIRE AGREEMENT
23.1 DURATION CLAUSE
This Agreement shall become effective upon the signing of the Agreement and shall remain in effect
through December 31,2020.
Either party may request negotiations of a successor agreement within ninety (90) days of the
expiration of this Agreement.
2019-2020 Juvenile Detention Teamster's Collective Bargaining Agreement Page 45
This Agreement may be modified during its term by mutual agreement of both parties concerned.
Such mutual agreement shall be reduced in writing and shall be incorporated as a part of this
Agreement.
23.2 ENTIRE AGREEMENT
The Agreement expressed herein in writing constitutes the entire agreement between the parties and
no oral statement shall add to or supersede any of its provisions. The Employer agrees not to enter
into any Agreement or contract with any covered employee(s), either individually or collectively,
which is inconsistent with the terms of this Agreement.
The existing contract shall remain in effect until a successor contract is signed,or until one year from
the termination of this Agreement.
2019-2020 Juvenile Detention Teamster's Collective Bargaining Agreement Page 46
SIGNATURES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this
Day of , 2019.
MASON COUNTY COURTS BOARD OF COUNTY COMMISSIONERS
Monty Cobb; Randy Neatherlin; Commissioner
JUDGE OF THE SUPERIOR COURT District#1
Amber Finlay; Kevin Shutty; Commissioner
JUDGE OF THE SUPERIOR COURT District#2
Dan Goodell Sharon Trask; Commissioner
JUDGE OF THE SUPERIOR COURT District#3
James Madsen
ADMINISTRATOR
(2 _ 1,0_16-19
TEAtASTERS LOC a:252
Russ Walpole; Secretary-Treasurer
2019-2020 Juvenile Detention Teamster's Collective Bargaining Agreement Page 47
Appendix A — Job Classifications & Wage Table
DETENTION STAFF
Effective January 1,2019
"Advancement from one step to the next is annual and on the em to ee's anniversary date
Classification Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Detention Officer $3,545.51 $3,634.14 $3,721.85 $3,833.66 $3,935.54 $4,072.26 $4.194.43
Detention Supervisor $4,290.06 $4,397.31 $4,503.45 $4,638.73 $4,783.77 $4,927.40 $5,075.22
Effective January 1,2020
"Advancement from one step to the next is annual and on the em to ee's sary date
Classification Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Detention Officer $3,607.55 $3,697.74 $3,786.98 $3,900.75 $4,022.73 $4,143.53 $4,268.58
Detention Supervisor $4,365.14 $4,474.27 $4,582.26 $4,719.91 $4,867.49 $5,013.63 $5,164.79
2019-2020 Juvenile Detention Teamster's Collective Bargaining Agreement Page 48
COLLECTIVE BARGAINING
AGREEMENT
January 1 , 2019 - December 31 , 2020
BETWEEN
TEAMSTERS UNION LOCAL NO. 252
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2019-2020 Probation Teamster's Collective Bargaining Agreement Page 1
TABLE OF CONTENTS
ARTICLE 1 -DEFINITIONS.........................................................................................................5
ARTICLE2 -RECOGNITION......................................................................................................6
2.1 RECOGNITION......................................................................................................................6
2.2 NEW CLASSIFICATIONS .......................................................................................................6
ARTICLE 3 -UNION SECURITY .................................................................................................7
3.1 UNION REPRESENTATION....................................................................................................7
3.2 NONDISCRIMINATION-UNION ACTIVITY ..........................................................................8
ARTICLE 4-UNION/EMPLOYER RELATIONS ...................................................................8
4.1 UNION ACCESS.....................................................................................................................8
4.2 FACILITY USE ......................................................................................................................8
4.3 STEWARDS............................................................................................................................8
4.4 ORIENTATION.......................................................................................................................9
4.5 BULLETIN BOARDS...............................................................................................................9
4.6 CONTRACT DISTRIBUTION...................................................................................................9
4.7 NEGOTIATIONS RELEASE TIME...........................................................................................9
4.8 GRIEVANCE RELEASE TIME................................................................................................9
4.9 UNION BUSINESS..................................................................................................................9
4.10 BARGAINING UNIT ROSTER.........................................................................................10
ARTICLE5 -EMPLOYMENT....................................................................................................10
5.1 PROBATIONARY PERIODS..................................................................................................10
5.2 TYPES OF EMPLOYMENT...................................................................................................11
5.3 CONTRACTORS...................................................................................................................12
5.4 STUDENTS/INTERNS...........................................................................................................12
ARTICLE 6 -HOURS OF WORK AND OVERTIME..............................................................12
6.1 WORK-DAY/WORKWEEK..................................................................................................12
6.2 WORK SCHEDULES ............................................................................................................12
6.3 RESTIMEAL BREAKS .........................................................................................................13
6.4 OVERTIME..........................................................................................................................14
6.5 COMP TIME........................................................................................................................14
ARTICLE 7-EMPLOYMENT PRACTICES............................................................................15
7.1 NONDISCRIMINATION ........................................................................................................15
7.2 JOB POSTING......................................................................................................................15
7.3 PROMOTIONS......................................................................................................................15
7.4 PERSONNEL FILE/POLICIES.............................................................................................16
7.5 EVALUATIONS....................................................................................................................17
7.6 DISCIPLINE/CORRECTIVE ACTION..................................................................................17
ARTICLE 8-SENIORITY...........................................................................................................19
8.1 DEFINITIONS .....................................................................................................................19
8.2 APPLICATION OF SENIORITY............................................................................................20
8.3 PROBATIONARY PERIOD................................................................... .. .........................21
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8.4 LOSS OF SENIORITY..........................................................................................................21
8.5 LAYOFFS............................................................................................................................22
8.6 NOTICE..............................................................................................................................22
8.7 MEETING WITH UNION.....................................................................................................22
8.8 AFFECTED GROUP............................................................................................................23
8.9 VACANT POSITIONS..........................................................................................................23
8.10 SENIORITY LIST................................................................................................................24
8.11 ORDER OF LAYOFF...........................................................................................................24
8.12 COMPARABLE EMPLOYMENT...........................................................................................24
8.13 LAYOFF OPTIONS..............................................................................................................24
8.14 REDUCTION HOURS/FTE................................................................................................26
8.15 RECALL.............................................................................................................................26
8.16 VACATION&LEAVE CASH OUTS/PAY...........................................................................27
8.17 UNEMPLOYMENT CLAIMS................................................................................................27
ARTICLE9 -WAGES...................................................................................................................27
9.1 WAGE SCHEDULE. .............................................................................................................27
9.2 HIRE-IN RATES..................................................................................................................28
ARTICLE 10-OTHER COMPENSATION...............................................................................28
10.1 CALL-BACK PAY..........................................................................................................28
10.2 WORK IN A HIGHER CLASSIFICATION.........................................................................28
10.3 LEAD WORKER.............................................................................................................29
10.4 MILEAGE REIMBURSEMENT.........................................................................................29
10.5 LONGEVITY...................................................................................................................29
ARTICLE 11 - HOLIDAYS...........................................................................................................30
11.1 HOLIDAYS.....................................................................................................................30
11.2 RELIGIOUS HOLIDAYS..................................................................................................30
11.3 HOLIDAY OBSERVANCE................................................................................................30
11.4 HOLIDAY ON DAY OFF.................................................................................................30
11.5 HOLIDAY COMPENSATION...........................................................................................30
ARTICLE 12-VACATION..........................................................................................................31
12.1 VACATION ACCRUAL....................................................................................................31
12.2 VACATION SCHEDULING..............................................................................................32
12.3 VACATION PAY.............................................................................................................33
12.4 VACATION UPON TERMINATION..................................................................................33
ARTICLE 13 - SICK LEAVE........................................................................................................33
13.1 SICK LEAVE ACCRUAL.................................................................................................33
13.2 SICK LEAVE USAGE......................................................................................................34
13.3 SHARED LEAVE.............................................................................................................34
13.4 COORDINATION-WORKER'S COMPENSATION...........................................................34
13.5 FAMILY MEMBER.........................................................................................................35
13.6 SICK LEAVE CASH OUT................................................................................................35
ARTICLE 14-LEAVES OF ABSENCE.....................................................................................35
14.1 IN GENERAL................................................................................... .............................35
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14.2 JURY DUTY/COURT.....................................................................................................35
14.3 MILITARY LEAVE.........................................................................................................35
14.4 BEREAVEMENT .............................................................................................................35
14.5 MAINTENANCE OF SENIORITY.....................................................................................36
14.6 LEAVE WITHOUT PAY..................................................................................................36
14.7 FAMILY LEAVE-FMLA..............................................................................................36
14.8 MATERNITY LEAVE......................................................................................................36
14.9 PAID FAMILY&MEDICAL LEAVE COMPLIANCE........................................................37
ARTICLE 15-HEALTH & WELFARE.....................................................................................37
15.1 HEALTH AND LIFE INSURANCE....................................................................................37
15.2 RETIREMENT................................................................................................................38
ARTICLE16- TRAINING............................................................................................................38
16.1 TRAINING......................................................................................................................38
16.2 TRAINING REIMBURSEMENT........................................................................................39
ARTICLE 17-LABOR/MANAGEMENT COMMITTEES...................................................39
17.1 PURPOSE OF COMMITTEE ............................................................................................39
17.2 COMPOSITION OF COMMITTEE....................................................................................39
17.3 COMPENSATION............................................................................................................39
ARTICLE 18-HEALTH& SAFETY.........................................................................................39
18.1 SAFE WORKPLACE .......................................................................................................39
18.2 HEALTH&SAFETY PLAN.............................................................................................40
18.3 DRUG FREE WORKPLACE............................................................................................40
18.4 WORK PLACE VIOLENCE.............................................................................................40
ARTICLE 19- GRIEVANCE PROCEDURE .............................................................................40
19.1 GRIEVANCE DEFINED...................................................................................................40
19.2 GRIEVANCE PROCEDURE.............................................................................................41
19.3 UNION/EMPLOYER GRIEVANCE...................................................................................43
19.4 SCHEDULE OF MEETINGS.............................................................................................43
ARTICLE 20 -NO STRIKE/NO LOCKOUT .............................................................................43
20.1 No STRiKE/NO LOCKOUT............................................................................................43
ARTICLE 21-MANAGEMENT RIGHTS AND RESPONSIBILITIES ................................44
21.1 MANAGEMENT RIGHTS AND RESPONSIBILITIES..........................................................44
ARTICLE 22- GENERAL PROVISIONS ..................................................................................45
22.1 SAVINGS CLAUSE..........................................................................................................45
ARTICLE23-ENTIRE AGREEMENT.....................................................................................45
23.1 DURATION CLAUSE.......................................................................................................45
23.2 ENTIRE AGREEMENT....................................................................................................45
SIGNATURES.................................................................................................................................46
APPENDIX A-JOB CLASSIFICATIONS & WAGE TABLE........................ ....................47
2019-2020 Probation Teamster's Collective Bargaining Agreement Page 4
PREAMBLE
Mason County, a political subdivision of the State of Washington, the Mason County District and
Superior Court Judges—acting in their capacity as administrators of the Mason County District and
Superior Courts, and Teamsters Union Local No. 252, hereinafter referred to as the "Union," do
hereby enter into this Agreement for the purposes of promoting harmonious relations and
efficiency. Pursuant to RCW 41.56.030, the Employer for purposes of negotiating wages and
economic-related matters shall be the Mason County Board of Commissioners, and the Employer
for purposes of negotiating working conditions and all other non-wage related matters shall be the
District and Superior Court judges or their designee(s).
ARTICLE 1–DEFINITIONS
As used herein,the following terms shall be defined as follows:
1.1 "Bargaining Unit"(Union) shall be Teamster Union Local No. 252.
1.2 "Division" refers to the Division of Adult Probation Services and Juvenile Probation
Services.
1.3 "Employer" shall mean the Board of Mason County Commissioners and the Superior and
District Court Judges.
1.4 "Employee" shall mean a person occupying a position and paid a salary or wage by the
Employer and who is represented by the bargaining unit (as defined in Article 2.1 hereof)
covered by this Agreement. Employee shall not include any person retained by the
Employer under a written personal services or consultant contract or agreement.
1.5 "Executive", "Administrative", and "Professional" Employees shall mean all employees as
defined in WAC 296-128-500.
1.6 Job classifications and salary steps are listed and categorized in Appendix A of this
Agreement.
1.7 "Immediate family" shall be defined as persons related by blood, marriage, or legal
adoption in the degree of relationship of grandparent, parent, wife, husband, brother, sister,
child biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person
standing in loco parentis who is under eighteen years of age; or eighteen years of age or
older and incapable of self-care because of a mental or physical disability, grandchild,
domestic partner (state registered), in compliance with WAC 296-130-030 and RCW
49.12.270 (or subsequent statutes) and other persons with the approval of the Employer or
designee.
1.8 "Overtime" shall mean all Employer-required work, which has been performed in excess of
their scheduled work-day, or forty(40)hours per week, consistent with Article 6.4.
1.9 Promotions,Transfers and Demotions defined and distinguished:
OT)'N
2019-2020 Probation Teamster's Collective Bargaining Agreement Page 5
a. Promotion is a change of an employee from a job classification to a different job
classification,which is compensated at a higher salary range.
b. Transfer is a change of an employee from a job classification to a different job
classification,which is compensated at the same salary range.
c. Demotion is a change of an employee from a job classification to a different job
classification,which is compensated at a lower salary range.
1.10 "Vacation" shall mean a scheduled workday or accumulation of scheduled workdays on
which an employee may, by pre-arrangement, continue to receive the regular rate of
compensation although he or she does not work.
1.11 For the purpose of timelines associated with grievances, appeals and policy issues, "day"
shall mean a calendar day.
ARTICLE 2—RECOGNITION
2.1 RECOGNITION
The Mason County Board of Commissioners, Mason County Superior Court and Mason County
District Court, recognize that the Teamster Union Local No. 252, Centralia and Olympia,
Washington,has the right to bargain for all full-time and part-time employees of the Mason County
Probation Services Divisions in Juvenile Court and District Court, excluding: managers,
supervisors and confidential employees, under the conditions set forth in the Washington State
Public Employee's Collective Bargaining Act of 1967. District Court Probation is distinctly
separate from Juvenile Probation Services. Superior Court and Juvenile Court do not have
authority to bargain for District Court Probation officers, and District Court does not have authority
to bargain for Probation services in Juvenile Court.
All collective bargaining with respect to wages,hours and working conditions shall be conducted by
authorized representatives of the Union and authorized representatives of the Employer. Agreements
reached between the parties of this Agreement shall become effective only when signed by the
authorized representatives of the Union and by the Board of Mason County Commissioners and the
Superior and District Court.
2.2 NEW CLASSIFICATIONS
When new Regular or Temporary positions are created within the Divisions represented, or the
classifications listed in Article 9.1,the Union will be notified of the pending action prior to hire.
When existing classifications are substantially modified within the Divisions represented, or the
classifications listed in Article 9.1, the Union will be notified of the pending action within ten (10)
working days of the date that the position is first posted/advertised or the proposed effective date of
the action that would change the status of the classification.
It is mutually agreed that it is the intent of the parties to meet,upon request by either party, in order
to include or exclude new or modified positions in the bargaining unit consistent with the duties,
responsibilities, and organizational level of the classification.
The parties agree that new classification(s) designated and approved by the Employer to be within
the non-represented pay plans shall be excluded from the bargaining unit, absent a request to meet
2019-2020 Probation Teamster's Collective Bargaining Agreement Page 6
within thirty (30) calendar days. Existing bargaining unit classifications shall remain within the
bargaining unit absent a mutual agreement by the parties or a decision by the Public Employment
Relations Commission(PERC).
If either party disagrees with the pay plan designation for a new or reclassified position, the parties
recognize the determination of whether the position is included within the bargaining unit may be
reviewed by PERC upon petition by either party or jointly. Should PERC determine the
classification to be included in the bargaining unit, the position shall be placed within the Union
salary schedule at the appropriate rate of pay and at a step arrived at either by mutual agreement /
negotiation or PERC ruling.
ARTICLE 3—UNION SECURITY
3.1 UNION REPRESENTATION
a. It is mutually agreed that only Union members of this unit shall engage in active
participation in Union affairs of this unit or serve in a role of leadership of the unit such
as: serving as a delegate or representative, serving on negotiating or other Union
committees, or participating in other similar activities to the interest of the unit.
b. The Union shall have up to a thirty(30)minute orientation with new employees' during
the employees regular work hours. The Union will explain that it is the designated as
the exclusive representative for all employees covered under the Collective Bargaining
Agreement. The Union shall inform each new employee that membership in the Union
is voluntary and only when an employee clearly and affirmatively consents to joining
the Union may the Union collect fees. In addition, the Union shall explain to the new
employee the rights and the benefits the employee would forgo by being a non-member.
c. The Union agrees to accept employees as members without discrimination as to race, color,
creed, sex, sexual orientation, national origin or physical, sensory or mental disability or
protected classes under the law.
d. The Employer will provide for payroll deduction of Union dues and initiation fees upon
authorization by the employee. Payroll deduction authorization cards must be received by
the County department by the 15th day of the month to be recognized as effective for that
month. The County will transmit to the duly designated officer of the Union the total
amount so deducted together with the list of names of the employees from whose pay
deductions were made.All refunds of such deductions, which may be required to be made to
any employee, shall be made by the Union, and the Union shall settle all questions, and
disputes between it and its members with reference to the deductions or refunds of the like
without recourse to the County.
e. The Employer will distribute one copy of this Agreement to each employee in the unit and to
each newly hired employee of the unit. The cost of printing this Agreement shall be equally
shared between the Department and the Union.
E The Union agrees to supply the Employer with lists of officers of the Union and
representatives and to keep such lists current. The Employer will recognize the officers and
representatives, or shop stewards.
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g. Signatory organization will indemnify, defend, or hold the Employer harmless against any
claims made and against any suit instituted against the County on account of any check-off of
dues for the Union organization. The Union agrees to refund to the County any amounts paid
to it in error on account of the check-off provisions upon presentation of proper evidence
thereof by the County.
3.2 NONDISCRmNATION—UNION ACTIVITY
Neither party shall discriminate against any employee because of membership in or non-
membership in or activity on behalf of the Union. No employee shall be discharged or
discriminated against for upholding Union principles, fulfilling duties as a Steward in the Union or
serving on a Union committee.
ARTICLE 4—UNION/EMPLOYER RELATIONS
4.1 UNION ACCESS
Employees shall have the right to Union representation. The Union's authorized staff representatives
shall have access to the Employer's premises where employees covered by this Agreement are
working for the purpose of investigating grievances and contract compliance, after notifying the
Employer. Access for other purposes shall not be unreasonably denied by the Employer provided,
however, that there is no serious or prolonged interruption of the Employer's working schedule.
Such visits shall not interfere with or disturb employees in the performance of their work during
working hours.
4.2 FACILITY USE
The conduct of Union business on Employer time and premises shall be subject to the limitations
set forth in this Article and with the understanding that no Union member or Steward shall use
Employer's equipment in the conduct of Union business.
The Union shall be permitted to use designated premises of the Employer for Union meetings,with
or without Union staff present,provided it is not disruptive to operations and space is available.
Use of Employer's premises for meetings shall be limited to the hours of 5pm to Sam and 12pxn to
1pm,unless otherwise approved by the Employer.
4.3 STEWARDS
The Union may designate Shop Stewards and alternates for Probation Services. Stewards shall be
allowed reasonable time during working hours to investigate and process grievances. Prior to
undertaking such grievance duties, the Stewards shall inform his/her supervisor of the need to be
away from his/her work. The Division shall grant the Steward's request unless the Stewards cannot
be spared at that particular time. If such is the case, then Stewards shall be allowed time to perform
his/her Stewards duties at the earliest possible time.
The Union shall provide the Human Resources Department with a current list of all Stewards.
With notice to the Employer, Stewards shall be allowed reasonable time during working hours to
investigate and process grievances, as defined in Article 4.8,4.9 and 19.4.
6
2019-2020 Probation Teamster's Collective Bargaining Agreement Page 8
Union activities other than those provided for in this Article are to be conducted on the employee's
own time; e.g. lunch or coffee breaks,before or after work. Employees shall attend Union meetings
on their own time.
4.4 ORIENTATION
During the new employee orientation process, Human Resources provide a copy of the Collective
Bargaining Agreement and will notify the new hire of their shop steward. Per RCW 41.56.037,
each new hire will receive an opportunity to meet with their shop steward for a minimum of thirty
(30) minutes within the first ninety (90) days from the date of hire, which will take place at the
employee's regular worksite or a mutually agreed upon location. Human Resources will notify the
shop steward and Union representative of each new hire within ten (10) business days of the date
of hire.
4.5 BULLETIN BOARDS
The Employer will provide a bulletin board for Union use. No materials shall be posted except
notices of meetings and elections, results of elections, changes in Union by-laws, notices of
employee social occasions, similar Union notices, letters, and memoranda. Union will limit the
posting of any material on the Employers' premises to its bulletin board.
4.6 CONTRACT DISTRIBUTION
The Union will provide access to a copy of this Agreement to each new and current employee in
the unit.
4.7 NEGOTIATIONS RELEASE TEm
The Employer will make a good faith effort to assist in providing release time for Union
negotiating team members participating in contract negotiations if negotiations take place on work
time,provided that coverage can be arranged.
4.8 GRIEVANCE RELEASE TIME
Prior to any proposed investigation of a grievance, Stewards provide notice to their and the
grievant's supervisor, which will be granted unless the Stewards, or the grievant is working on
something that requires immediate attention. If permission cannot be immediately granted, the
Employer will arrange to allow investigation of the grievance at the earliest possible time. When it
is necessary for Stewards to conduct Union business authorized by this Agreement in an area, or on
a shift other than their own, they shall notify the supervisor of that area or shift of their presence
and of the nature of their business. No compensation shall be provided by the Employer for such
Stewards activities outside the employee's work shift, without express pre-authorization by the
Steward's Division Designee or Human Resources.
4.9 UNION BUSINESS
Compensable Union business shall be defined as meeting with an authorized Employer
representative who schedules a meeting during normal business hours when it is necessary for a
duly authorized Steward of the Union (who is also a member of the bargaining unit) to attend for
the purpose of resolving a grievance filed by a member of the bargaining unit, or other issues that
require the presence of a Union official. When reasonably possible, the Union representative will
notify their Supervisor or designee when they are requested to attend a Union meeting during
regular business hours. Consistent with Articles 4.3, 4.8 and 19.4, Stewards shall be afforded
I Fia '.t..4J NAL
2019-2020 Probation Teamster's Collective Bargaining AgreementPage 9
reasonable time for the investigation of grievance and compliance issues dealing with this
Agreement. Other Union business will not be conducted on Employer time.
Any concerns by the Employer which indicate that a Steward is spending an unreasonable amount
of time performing Union duties shall be referred to Human Resources for discussion and
resolution with the Staff Representative of the Union or their designee.
The Union and the Employer have the right to communicate on matters of concern using e-mail,
written correspondence, and telephonic communications. The Parties agree to ensure that all
respective stakeholders are notified and copied appropriately. The parties agree to respond to
written and e-mail correspondence and telephonic messages as soon as reasonably possible.
4.10 BARGAINING UNIT ROSTER
The Auditor's Office will provide the Union with a list of all employees within the bargaining unit on
an annual basis. The Auditor will also provide to the Union President/Shop Stewards the name and
other pertinent information regarding new hires.
The Union agrees to supply Human Resources with current lists of Stewards. The Employer will
recognize the Stewards as soon as the list is received, in writing,by Human Resources.
ARTICLE 5—EMPLOYMENT
5.1 PROBATIONARY PERIODS
All newly hired employees will be placed on probationary status for a period of six (6) calendar
months from date of hire, except as identified in Article 16.1. New employees with prior related
experience may be placed at a step in the salary range equivalent to one (1) step for each two (2)
years of experience,up to a maximum of three(3)steps.
The Employer may discharge a probationary employee with a minimum of one (1) day written
notice. A probationary employee does not have the right to grieve termination of his or her
employment during the probationary period.
The Employer may extend the six month probationary period for new employees up to an
additional six months. The Employer shall provide a written notice to the Union no less than
fourteen (14) calendar days prior to the probationary period's expiration of his or her intent to
extend a probationary period. The Union may request reconsideration of the decision and/or the
length of the extension period within fourteen (14) calendar days of the date of the notice. The
employee will remain on probation until such time as a resolution has been determined.
Trial Service Period - Employees who are transferred or promoted to another position and/or
classification in the bargaining unit shall serve a trial service period for three (3) months of work,
consistent with Article 7.3.
k 13.E i
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5.2 TYPES OF EMPLOYMENT
NOTE: BENEFITS ELIGIBILITY MAY NEED TO BE REVISED PER ACA
5.2.1 REGULAR Fum.,-TIldE EMPLOYEES:
A regular full time employee is scheduled to work forty (40) hours per week in a regularly
budgeted, on-going position. Regular Full-Time employees are eligible to receive the
standard benefit package.
5.2.2 REGULAR PART-TrAE EMPLOYEES:
A regular part-time employee typically is scheduled to work a minimum of twenty (20)
hours per week, but no more than forty (40) hours per week in a regularly budgeted, on-
going position. Regular part-time employees are eligible to receive the standard benefits
package, prorated to match the FTE percentage and adjusted by actual hours worked.
Medical benefits are consistent with Article 15.1.
5.2.3 TEMPORARY EMPLOYEES:
A temporary employee is hired for a specific assignment that has a duration of employment
and schedule that is anticipated to work one thousand and forty (1,040) hours or more in a
twelve(12)month period.
A temporary employee is eligible for the standard benefits package, prorated to match the
anticipated FTE percentage and adjusted by actual hours worked. Medical benefits are
consistent with Article 15.1 if Part-Time Temporary.
If a regular employee accepts an assignment of a temporary position, that employee will be
eligible for return rights to their former position upon completion of the specific assignment
or term of the temporary employment or upon twenty (20) calendar days' notice from the
Employer or 30 calendar days' notice from the employee, whichever is earlier. The regular
employee shall continue to earn seniority as to their former position during the period of the
temporary position assignment. Any new-hire employee who is hired to fill the vacancy,
which was created by the regular employee accepting a temporary position, will also be
hired as a temporary employee and that employee will cease to have employment rights
upon the return of the regular employee to the former position.
For regular employees moving to a temporary position, as above, Union membership status
will remain unchanged,per the Agreement representing the temporary position. -
Employees in temporary positions serve an anticipated but not guaranteed term. While a
term of employment is anticipated, the assignment/project may be terminated at any time
for any reason, with or without notice.
5.2.4 EXTRA HELP EMPLOYEES:
An extra-help employee works in a limited, but on-going capacity. They do not have a
specific end date. Their schedule may consist of an intermittent or varying schedule per
week on an as needed basis, and are anticipated to work fewer than one thousand and forty
(1,040) hours within a twelve (12) month period. They are not eligible for the benefits
package,nor union membership.
2019-2020 Probation Teamster's Collective Bargaining Agreement ' Page 11
5.2.5 SEASONAL EMPLOYEES:
A seasonal employee works for a specific amount of time and is not anticipated to meet or
exceed one thousand and forty(1,040) accumulated hours in a twelve(12)month period. A
seasonal employee is not eligible to receive the benefits package.
5.3 CONTRACTORS
The Employer will make good faith efforts to limit bargaining unit work to employees covered by
this Agreement.
Should the Employer consider Subcontracting, the parties shall meet to allow the Union an
opportunity to review the County's financial reasons for considering subcontracting and to present
any alternative means of cost-savings besides subcontracting for the County to consider. If the
County determines that subcontracting is necessary, the County shall negotiate with the Union the
effects of subcontracting upon members of the bargaining unit.
5.4 STUDENTSANTERNS
Student and Internship programs may be created by the employer provided such does not take work
away from budgeted classifications represented by the Union, the Union is provided notice and,
upon request by the Union, the Employer meets with the Union to discuss the impacts and benefits
of the program.
ARTICLE 6—HOURS OF WORK AND OVERTIME
6.1 WORK-DAY/WORKWEEK
A regular full-time workweek shall consist of forty (40) hours of time actually worked, or
compensated within a seven (7) day period (typically Sunday 12:00 a.m. through Saturday 11:59
p.m.). Changes in work schedule,which may include changes in the schedule or total hours, shall
be consistent with Article 6.2.
6.2 WORK SCHEDULES
For regular full-time employees, the workweek shall normally consist of forty (40) hours of time
scheduled within a seven(7) consecutive day period. Work related travel time is to be paid at the
employee's regular rate of pay, to include overtime when appropriate, in accordance with the Fair
Labor Standards Act(FLSA). Work hours for full-time employees covered by this Agreement shall
normally be scheduled by division as described below:
The work-day normally shall be eight(8) consecutive hours of work. The work-week shall
be five(5) consecutive, eight(8)hour days, Monday through Friday, or as defined below in
Alternate Work Schedules. However, an earlier or later starting time may be adopted for
any or all employees. Such starting time shall be mutually agreeable among the County and
the employee, and shall not result in the application of the overtime provision, but shall be
paid at the regular rate for eight (8) hours of continuous work. All employees will be
allowed a non-paid, duty-free lunch period. This paragraph shall not apply to employees
with weekend schedules.
Alternate Work Schedules: Work-weeks and work shifts of different numbers of hours and/or
work-days may be established by the Elected Official/Division Head in order to meet
business and customer service needs, or in response to budgetary demands. Employees may
2019-2020 Probation Teamster's Collective Bargaining Agreement Page 12
be assigned to an alternate work schedule with five(5)working days' notice from the Elected
Official/Division Head. Employees may request an alternate work schedule,which is subject
to approval by the Division Head.
Management shall have the right to establish a four (4) day, ten (10) hour per day work
schedule, if agreeable with the employee(s). Employee(s) will have available four tens (4-
10's) work schedules Monday through Thursday, or Tuesday through Friday, or flex
schedules as set out above.
Any holiday that falls on a scheduled workday of a four-ten(4-10) work-week shall be paid
at eight (8) hours' pay. Employees shall have.the opportunity to use two (2) hours
vacation/accrued comp time to supplement the eight hours'pay.
Sick leave and vacation leave accumulation shall remain the same.
Sick leave and vacation leave will be charged by the number of hours taken.
If call-outs are required on scheduled days off(Friday or Monday), they will be treated in
the same manner as any Saturday call-out.
Flex Schedules: Flexible starting and/or quitting times may be adopted, on a case-by-case
bases, with mutual agreement between the employee and his/her Employer. These work
schedule adjustments shall not result in the application of the overtime provisions.
Call Out Time: When an employee is called out on their scheduled day off or on a
Holiday, a minimum of two (2)hours'pay at the appropriate rate shall be allowed.
Off Duty Time:
a. For the life of this Agreement, no employee shall be required to be available at a
fixed location or remain accessible by radio, telephone, beeper, etc. unless such
employee is on duty.
b. Telephone Calls: Employees who are contacted by telephone while off duty and
not required to come into work, will be compensated at a minimum of one-half
(1/2) hour at the appropriate rate, when the call is made by the supervisor or
designee.
Unusual Weather/Extreme Circumstances: In the event of unusual weather or extreme
conditions, employees are required to make a good faith effort to call the designated County
telephone by 7:00 a.m. to receive reporting instructions.
6.3 REST/MEAL BREAxs
Employees will be allowed up to a one (1) hour unpaid lunch period as approved and scheduled by
the Elected Official/Department Head. Employees may take one (1) fifteen-minute break for every
four (4) hours worked. Breaks should be arranged so that they do not interfere with County
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2019-2020 Probation Teamster's Collective Bargaining Agreement '' Page 13
business or service to the public. Lunch periods and breaks shall not be combined and they may not
be used to shorten an employee's workday.
6.4 OvERTudE
Any regular full-time employee in paid status beyond their scheduled work-day for full-time
employees, or forty (40) hours in a work-week, shall be paid for overtime at a rate of one and one-
half (1 1/2) hours for the work performed; or, at the request of the employee, accumulate comp
time. Please refer to Article 6.5 for comp time accrual.
All hours worked in an alternate schedule beyond the regularly scheduled day for regular full-time
employees(i.e. 8, 9, 10 or 12 hour work schedule), or forty(40)hours in a week shall be paid at the
rate of time and one-half(1 %2)the regular rate.
The cut-off date for paid overtime for the month will be 5:00 p.m., ten (10) days prior to the last
work-day of each month.
The Division Head or designee shall approve overtime hours in advance, except when overtime
hours are related to courtroom job duties. An overtime record shall be filled out by the employee
and submitted to their supervisor by the employee's next work-day.
Work performed on Saturday shall be at a rate of time and one half(1 %2). Work performed on
Sunday, or Holidays, shall be paid at the double time rate. However, Work Crew Supervisors
(Assistant Probation Officer or Community Program Support Specialist) shall be paid at the
straight time rate for hours worked on Saturday; and at the time and one half(1 %2) rate for work
on Sunday and Holidays, except for New Year's Day, July Fourth, Thanksgiving Day, the Day
after Thanksgiving and Christmas Day,which are to be paid at the double time rate if worked.
6.5 Comw TnKE
The Elected Official/Division Head may authorize comp time in lieu of overtime compensation and,
if so, the employee shall receive comp time at the time-and-one-half(1 1/2)rate. Comp time earned
may be used only on the days mutually agreed by the employee and the County. Employees hired
before January 1, 2011, may accrue up to two hundred forty (240) hours of comp time. All comp
time after the limit of two hundred forty (240)hours is reached shall be paid at time and one-half, or
used by the employee as time off. Employees hired on or after January 1,2011, shall be permitted to
accrue up to eighty (80) hours of comp time. For employees hired on, or after January 1, 2019, no
rollover comp time can be banked, and the allowed eighty (80) hours of accrued comp time must
be used, or paid out. If the employee does not use all their accumulated comp time,they will receive
a payout for the unused comp time on the December 25 payroll check. All unused comp time will be
paid at the end of each year. However, at the employee's request, up to twenty-four(24) hours of
comp time is permitted to carry-over into the following year. The scheduling of comp time off shall
be requested and approved in the same manner as vacation leave.
Compensation shall not be paid (nor comp time earned) more than once for the same hours under
any provision of this Article or Agreement. Premium or overtime pay shall not be duplicated or
pyramided unless required by the Fair Labor Standards Act, in which case premium or overtime
pay shall be based on the employee's regular rate of pay.
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Unless there are bon a fide work requirements, authorized overtime work opportunities shall be
distributed as equally as possible, in inverse order of seniority within job classifications. Employees
may decline voluntary overtime opportunities.
ARTICLE 7—EMPLOYMENT PRACTICES
7.1 NONDISCRE IINATION
Under this Agreement, neither party will discriminate against employees on the basis of race, sex,
age, marital status, color, creed or religion, national origin, political affiliation, veteran status,
sexual orientation, or any real or perceived sensory, mental or physical disability, or because of
participation in or lack of participation in union activities. Bona fide occupational qualifications
based on the above traits do not violate this Section.
Sexual harassment will be considered discrimination under this Article.
Disputes involving this Article may be processed through an appropriate agency and/or the grievance
procedure; however, use of the grievance procedure is encouraged prior to the initiation of any other
official action involving such a dispute when the action is originated by the Union or members
thereof.
Whenever words denoting gender are used in this Agreement, they are intended to apply equally to
either gender.
7.2 JOB POSTING
All job vacancies (or newly created positions) under this Agreement shall be posted within each
division for ten (10) days for bidding purposes. Employees who are promoted or transferred shall
be given a reasonable trial period of up to three (3) months, subject to review under the grievance
procedure. If unsuccessful in the new position, the employee shall be returned to their previous
position.
7.3 PROMOTIONS
Promotions,Transfers and Demotions defined-As used in this Article the following terms mean:
A) Promotion is a change of an employee from a job classification to a different job
classification which is compensated at a higher salary range within their division.
B) Transfer is a change of an employee from a job classification to a different job
classification which is compensated at the same salary range within their division.
C) Demotion is a change of an employee from a job classification to a different job
classification which is compensated at a lower salary range within their division.
Employees who promote, transfer or voluntarily demote to another job classification within their
Division shall serve a three(3)month trial service period in their new position.
Employees may elect to revert to their previous job classification and position within thirty (30)
calendar days of the effective date of the promotion, transfer or voluntary demotion. After this time,
if an employee fails to successfully complete the trial service period in the new job classification,.the
employee may be returned to their previous position if it has not been either abolished or filled. If the
position was abolished or filled (i.e. an offer of employment has not been extended), such employee
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will be laid off and eligible for recall in accordance with Article 8, except that the employee may not
bump another employee. Employees on trial service shall be paid the appropriate established salary
for that position; and, if reverted, will return to their previous salary(including any adjustments due;
e.g. salary increase,step increase,etc.).
Employees who promote, transfer or voluntarily demote to a job classification outside of a Division
shall serve a three (3) month trial service period in their new position. If they fail to obtain regular
status in the new position, the employee may not return to their previous position, unless the
employee chooses to revert back within thirty(30) calendar days. In that case, the employee will be
returned to the same or similar classification, and pay as held prior to promotion or transfer
(including any adjustment due, e.g.,salary increases, step increases, etc.).
When an employee is promoted, they will be placed on the step and range on the salary plan that
gives them at least a five percent (5%) wage increase. Step increases from that date will depend on
where the employee is placed.
When an employee is transferred,they shall retain their step placement and their step date.
When an employee voluntarily accepts a lower classification within the bargaining unit he/she shall
be placed on the same step in the new range(Example: 11 E to 9E).
7.4 PERSONNEL FILE/POLICIES
Unless otherwise provided by the terms of this Agreement, the Employer Administrative and
Personnel Policies shall apply to members of this bargaining unit. Employees shall also refer to
Employer policies to resolve matters not covered by this Agreement or for clarification of matters
covered by this Agreement. However, where there is a conflict between Employer policies and any
provisions of this Agreement,the provision(s) of this Agreement shall govern.
The official personnel file for each employee shall be clearly identified as such and the Human
Resources Department shall be the custodian of such files. The files shall be locked, and access shall
be limited to the employee's Employer or anyone designated by the Employer to act on their behalf,
and staff in the Human Resources Department. An employee may examine his/her own personnel
file by making an appointment with Human Resources. Representatives of the employee may be
granted access with the written authorization of the employee,except as authorized by law.
Conditions of hiring, termination change in status, shift, evaluations, commendations and
disciplinary actions shall be in writing with a copy to the Employee prior to placement in their
personnel file. The Employer's failure to abide by this Article pertaining to personnel file access
shall not affect the Employer's ability to proceed with the merits of discipline or discharge but may
be a separate Union grievable matter and any grievance time-lines will be correspondingly
extended.
Employees shall have the right to provide a written response to any written evaluations or
disciplinary actions to be included in the personnel file. Upon approval of the Human Resources
Department, employees may add additional documents to their personnel file including, but not
limited to, certifications, degrees, and commendations.
Medical files shall be kept separate and confidential in accordance with state and federal law.
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7.5 EVALUATIONS
The purpose of evaluation is to help an employee be successful in performance and to understand
the standards and goals of their position and their Division. The evaluation will assess and focus
on the employee's accomplishment of their job functions and the goals and standards of the
position. Where the employee does not meet the above, a plan for correction, training or support
should be developed with the employee.
Evaluation may occur in two forms:
7.5.1 All regular employees should be formally evaluated in writing by their
immediate supervisor and/or Division head or designee during the probationary or trial
service period and at least annually(at date of hire or a common date), thereafter.
7.5.2 Additionally, evaluation of job performance may occur at any time and
on an ongoing basis. Evaluation may occur in various ways and may include coaching,
counseling or written assessment.
The evaluation process shall also include a review of the current job description.
Evaluation shall not, by itself, constitute disciplinary action — disciplinary action must be
specifically identified as such,in writing, consistent with Article 7.6.
Employees will be given a copy of the evaluation. Employees will be required to sign the
evaluation, acknowledging its receipt. Evaluations are not grievable; however, employees may
elect to provide a written response to the evaluation, which will be retained with the evaluation in
the employee's personnel file.
7.6 DISCIPLINE/CORRECTIVE ACTION
The Employer agrees to act in good faith in the discipline, dismissal or demotion of any regular
employee and any such discipline, dismissal or demotion shall be made only for just cause.
No employee shall be discharged except for just cause. The parties recognize that just cause
requires progressive discipline. Trogressive discipline may include:
• oral warnings, which will be documented;
• written warnings — which may also include work performance improvement or corrective
action plan for poor work performance or misconduct,
• suspension without pay;
• demotion; or
• discharge.
The intent of progressive discipline is to assist the employee with performance improvement or to
correct misconduct. Progressive discipline shall not apply where the offense requires more serious
discipline in the first instance. Both the sequencing and the steps of progressive discipline are
determined on a case-by-case basis,given the nature of the problem.
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All disciplinary actions shall be clearly identified as such in writing. The employee will be
requested to sign the disciplinary action. The employee's signature thereon shall not be construed
as admission of guilt or concurrence with the discipline, Employees shall have the right to review
and comment on disciplinary actions in their personnel file.
A copy of all disciplinary notices shall be provided to the employee before such material is placed
in their personnel file. Employees disciplined or discharged shall be entitled to utilize the grievance
procedure. If, as a result of the grievance procedure utilization,just cause is not shown, personnel
records shall be cleared of reference to the incident,which gave rise to the grievance.
The Employer will notify the Union in writing within three (3) working days after any notice of
discharge. The failure to provide such notice shall not affect such discharge but will extend the
period within which the affected employee may file a grievance.
The Employer recognizes the right of an employee who reasonably believes that an investigatory
interview with a supervisor may result in discipline to request the presence of a Union
representative at such an interview. Upon request, they shall be afforded a Union representative.
The Employer will delay the interview for a reasonable period of time in order to allow a Union
representative an opportunity to attend. If a Union representative is not available or delay is not
reasonable, the employee may request the presence of a bargaining unit witness. (Weingarten
rights)
Employees shall also have a right to a notice and a determination meeting prior to any disciplinary
action (except oral warning). The Employer must provide a notice and statement in writing to the
employee identifying the performance violations or misconduct alleged, a finding of fact and the
reasons for the proposed action. The employee shall be given an opportunity to respond to the
charges in a meeting with the Employer, and shall have the right to Union representation during
that meeting,upon request. (Loudermill rights)
The Employer shall endeavor to correct employee errors or misjudgments in private, with
appropriate Union representation if requested by the employee.
Discipline shall be subject to the grievance procedure in this Agreement as to whether or not such
action as to any post-probationary employee was for just cause. Just cause shall be established if
the following has been shown by the Employer:
7.6.1 Notice: That the Employer did forewarn employee of possible consequences of
conduct.
7.6.2 Reasonable Rule or Order: That the Employer policy, rule, or order involved
reasonably related to the orderly, efficient, or safe operation of the Employer;
7.6.3 Investigation: That before administering discipline, the Employer did make an
effort to discover whether employee did, in fact, violate or disobey an Employer policy or
rule;
7.6.4 Fair Investigation: That the Employer conducted its investigation objectively;
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7.6.5 Proof. That, in the investigation, the Employer did obtain evidence or proof that the
employee violated such Employer policy or rule;
7.6.6 Equal Treatment: That the Employer applied its rules, orders, and penalties
evenhandedly and without discrimination under the circumstances; and
7.6.7 Penalty: That the degree of discipline was reasonably related to the seriousness of
the offense and/or the employee's record.
ARTICLE 8—SENIORITY
8.1 DEFINITIONS
Division: Refers to Juvenile Probation Services and Adult Probation Services.
Job Classification: Job Classifications are identified in Appendix A
Division Seniority: The service time spent in each individual Division (Juvenile Probation, or Adult
Probation)within the bargaining unit.
Employer/County Seniority: the total unbroken service with Mason County. An employee's County
seniority shall be established as the initial date of hire upon completion of the original six (6) month
probationary period.
Bargaining Unit Seniority: the total length of continuous calendar-based service with the Employer
and in the bargaining unit.
Seniority shall be established upon appointment to a regular full-time or part-time, budgeted
position within the bargaining unit. No seniority shall be established while an employee is
employed in Seasonal or Extra-Help position. Time in service in a Temporary position shall count
for leave accrual or step movement purposes only. A Temporary employee or a Regular employee
in a Temporary position who is hired without a break in service directly into a Regular position in
the same classification shall be credited for Division Seniority from the original date of hire into
that classification.
The appointment date shall be adjusted for leaves of absence without pay, except when such leaves
are the result of federal or state legally protected leaves.
Other Definitions:
8.1.1 Application of Seniority
How an employee's years of continuous service are utilized to determine their respective rights
in regard to postings,promotions,reassignment, transfer, layoff, or recall.
8.1.2 Continuous Service
Means uninterrupted employment with the Employer subject to the following provisions:
1. Continuous calendar-based service shall include uninterrupted employment.
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2. Continuous service is terminated by resignation, termination, retirement, layoff
or failure to respond to two offers of recall to former or comparable employment.
8.1.3 Layoff
A layoff is identified as the anticipated and on-going or prolonged reduction in the number
of full-time equivalent (FTE) positions or in the number of partial FTEs within the
Employer or within a job classification covered by this Agreement. A reduction in force in a
classification may occur for reasons of lack of funds, lack of work, efficiency or
reorganization. Reductions in force are identified by classification within the affected Office
or Division.
8.1.4 Affected Group/Employees
An Affected Group would be any job classification that is subject to a layoff. An Affected
Employee would be the least senior employee(s) within an affected job classification which
are subject to lay-off or reduction in force and have certain rights as a result.
8.1.5 Layoff Alternatives
A number of alternatives exist for affected employees including:
1. Assume a vacant position-per Article 8.13.1
2. Bump -displacing a less senior employee
3. Recall - accepting unemployment and the option of future recall
8.1.6 Bumping
The displacement of a less senior regular employee by another regular employee with more
seniority as defined by this Article.
8.2 APPLICATION OF SENIORITY
In the event of reassignment, transfer, layoff, or recall, seniority shall be the determining factor
where employees are equally qualified to do the job.
Seniority shall be applied in the following manner:
For purpose of promotions and/or layoffs from within a Division, seniority shall mean that time spent
in each individual Division within the bargaining unit.
For all other purposes, seniority means total unbroken services with Mason County. An employee's
County seniority shall be established as the initial date of hire upon completion of the original six(6)
month probationary period
8.2.1 Postings/promotions
In regard to job postings,promotion and reassignment, "qualifications" and/or"ability"will
be the primary consideration, with such posting or promotion being consistent with Article
7 and this Article. Qualifications will include the minimum qualifications of education,
training and experience as set forth in the job description, as well as the job performance,
ability, employment record and contribution to the needs of the Division.
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8.2.2 Layoffs
Total Division Seniority shall determine who is to be laid off within the selected
classification (affected group) and within the Division. The least senior regular employee(s)
within the classification shall be the affected employee(s). In the event of two employees
having the same Division Seniority, bargaining unit seniority shall be determinative. In the
event of two employees having the same bargaining unit seniority,Employer seniority shall be
determinative.
8.2.3 Bumping
As to bumping, the employee's "competence" and the ability to adequately perform the
unique functions of the job assignment will be the primary consideration, applied in
accordance with seniority. Competence/Ability to adequately perform will be defined as
the immediate, clear and full performance on the job, with a minimal period of orientation
and no material reduction in the efficiency of the operation or services, as determined by
the Employer.
8.2.4 Recall
Seniority shall be determinative in the identification of which employee is to be recalled,
when there are more than one who is qualified and/or have previously performed a
position. In the event that an employee is being recalled to a new position, the employee's
qualification and the ability to adequately perform the unique functions of the job
assignment will be the primary consideration, applied in accordance with seniority,
consistent with Article 8.2.3.
8.3 PROBATIONARY PERIOD
A probationary employee does not have the right to grieve dismissal. Upon successful completion
of the probationary period, the Employer seniority of the Regular employee shall be established as
the initial date of hire, including the service during the probationary period. Division seniority
shall then be based on continuous service with the Division.
The principle of seniority shall be used in layoff for lack of work and recall upon resumption of
work. Laid off employees will retain seniority rights for eighteen(18)months from date of layoff.
8.4 Loss OF SENIORITY
Seniority shall terminate by discharge from service, or by voluntarily leaving County service;
provided that employees on layoff status retain the seniority they had at time of lay-off for eighteen
(18)months from date of layoff, who are recalled within eighteen (18)months of the date they were
laid off shall have their original seniority date adjusted by the period of time in layoff status.
An employee, therefore, will lose seniority rights by and/or upon:
•'• Resignation.
❖ Discharge.
•'• Retirement.
•: Layoff/Recall list of more than eighteen(18) consecutive months.
❖ Failure to respond to two offers of recall to former or comparable employment.
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Employees who are re-employed following the loss of their seniority (this does not apply to those
returning from layoff, shall be deemed a newly hired employee for all purposes under this
Agreement.
Employees rehired by the Employer (this does not apply to those returning from layoff) will be
considered as new employees under this Agreement.
8.5 LAYOFFS
A layoff is an involuntary reduction in force by termination of employment or a temporary or
permanent involuntary reduction of hours below an employee's normal workweek or work month.
The Employer may reduce the work force because of lack of work or lack of funds.
For purposes of this article, layoff is further identified as any reduction in hours which results in a
regular position being less than their budgeted FTE.
Total Division Seniority shall determine who is to be laid off within the selected classification.
Bumping rights are determined by Division seniority, consistent with Article 8.2.
Layoff process:
A. The Employer may reduce the work force because of lack of work, lack of funds, or
workflow reorganization.
B. If a reduction in the work force becomes necessary, the Employer will first consider
reduction through normal attrition, (i.e.,by not filling normally occurring vacancies.)
C. If normal attrition is not feasible, then the Employer shall determine which positions(s)
will be eliminated. The least senior employee(s)in the affected job classification(s)shall
be laid off
Before laying off any regular employee, all temporary and probationary employees within the same
Division shall be laid off first, provided there is a regular employee qualified to do the work of the
position.
8.6 NOTICE
Employees scheduled for layoff shall be given at least fourteen (14) calendar days' written notice of
the lay off.
8.7 MEETING WITH UNION
The Union shall also be notified in writing of any reduction in hours proposed by the Employer,
including the purpose, scope, and duration of the proposed reduction.
Upon the Union's request, the Employer and the Union shall meet promptly during the notice
period identified in Article 8.6 to discuss the reasons and the time-lines for the layoff and to review
any suggestions concerning possible alternatives to layoff. Union concerns shall be considered by
the Employer prior to implementation of any reduction in hours. This procedure shall not preclude
the Employer from providing notice to employees or requesting volunteers to take leaves of
absence without pay,provided the Employer notifies the Union of the proposed request.
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8.8 AFFECTED GROUP
The following procedure shall apply to any layoff:
8.8.1 Affected employees
The Employer shall first determine by job classification the number of employees or FTEs
to be affected by the layoff. The employee(s) holding such FTEs, which are subject to
layoff, shall be the"affected employee(s)."
The least senior employee,by Division seniority, within the affected job classification shall
be selected for layoff, consistent with Article 8.2.2. The exception would be only when the
Employer determines that the position requires unique qualifications and abilities necessary
to perform the specialized and required functions of that position, which would then
become an overriding factor.
In cases where Division seniority within a job classification is equal, bargaining unit
seniority will be the determining factor. In the event this is also equal, Classification
seniority will control. In the event this is also equal, Employer seniority will control. If all
of the seniorities are equal, then Management shall make the final decision based on
performance and job skills.
8.8.2 Volunteers
Simultaneous with implementing the provisions of the layoff procedure, the Employer may
first seek, by a five (5) working day posting process, volunteers for layoff or voluntary
resignation from among those employees who work within the same job classification as
the affected employees. If there are more volunteers than affected employees, volunteers
will be chosen by bargaining unit seniority. Employees who volunteer for layoff may opt
for recall rights as described in this article at the time of layoff.
If there are no or insufficient volunteers within the affected job classification,the remaining
affected employees who have received notice must choose promptly (within five (5) full
working days of receipt of the Notice) among the layoff options set forth in Article 8.13.
8.8.3 Probationary Employees
If the number of volunteers is not sufficient to meet the announced number of necessary
layoffs, and if the affected employee is an initial probationary employee, then that
employee shall be laid off and are ineligible to select among layoff options.
8.9 VACANT POSITIONS
Positions will be filled in accordance with Article 8.2, and other sections of this Article.
Within the bargaining unit and the Division, affected employees, and employees on the recall list,
shall be given first opportunity for vacant bargaining unit positions for which they are qualified
prior to outside hiring by the Employer, consistent with Article 8.13.1. Within other Divisions,
affected employees will be given consideration for vacant positions for which they are qualified.
All job vacancies (or newly created positions) under this Agreement shall be posted for ten (10)
calendar days for bidding seniority purposes, and may be awarded to the senior qualified bidder..
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8.10 SENIORITY LIST
The Employer shall update the seniority list and provide it to the Union annually or upon request,
consistent with Article 3.3. If a layoff is announced, a current ranked seniority list including job
classifications,names,job locations, and FTE or hours per week shall be provided to the Union and
posted in the affected Division.
8.11 ORDER OF LAYOFF
The least senior employee(by Division Seniority)within the affected job classification and affected
Division shall be selected for layoff. No regular employee shall be laid off while another employee
in the same classification within the Division is employed on a probationary, extra help or
temporary basis, unless specialized skills are required to fill the position that are not possessed by
the regular staff member. This provision shall apply only to the classification where the initial
layoff occurs and not to the classification into which laid off employees have bumped.
8.12 COMPARABLE EMPLOYMENT
For purposes of this Article, "comparable employment,""comparable position"or vacancy shall be
defined to include a position which has the same salary pay range and, additionally,the educational
and experience qualifications, FTE and work-week are substantially similar.
8.13 LAYOFF OPTIONS
Affected employees who have completed their probationary period shall have the following
options:
8.13.1 Assume a Vacant Position
On a bargaining unit seniority basis, to assume a vacant position in the same Division and
bargaining unit, for which they are qualified. On a bargaining unit seniority basis, the
employee shall also be considered for available job openings within the Employer for
which the employee is qualified.
When a regular full-time or part-time employee is being laid off the Employer may offer a
temporary position if one is available and the employee has the ability to perform the work.
Laid off employees who accept these assignments will be provided the benefits and
provisions of the temporary assignment. Employee(s) accepting these assignments will be
subject to recall.
8.13.2 Bump
Employees scheduled for layoff may bump into another employee's position in lieu of being
laid off,if all of the following conditions are met:
1. They have more Division seniority than the employee they will bump;
2. The job classification they are bumping to is paid on a salary range that is
equal to,or less than,the salary range of their job classification; and
3. They previously held status in that job classification or they are determined
by the Employer to be qualified to immediately perform the primary
functions of the job within thirty(3 0)calendar days; and
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2019-2020 Probation Teamster's Collective Bargaining Agreement ~� Page 24
4. They provide at least five (5) working days' notice from the date of the
layoff notice of their intent to exercise their bumping right to the Employer.
Under no circumstances shall an employee's exercise of his/her bumping right result in a
greater benefit to the employee than previously held(e.g. a promotion or increase to full-time
if previously part-time).The employee bumping into another position shall be given an
orientation period to familiarize the employee with the practices and/or policies related to the
job. The employee who may be displaced by the more senior employee who is bumping shall
be provided at least fourteen(14) calendar days' written notice of layoff. If this employee is
eligible to bump another employee pursuant to the conditions in Subsection 8.13.2, above,
then that third employee identified for layoff shall be laid off.
Laid off employees, including bumped employees, shall be allowed to bump less senior
employees (by bargaining unit seniority) only within their Division (i.e. Adult Probation or
Juvenile Probation), in lower classifications, or in classifications which the employees
previously held and are still competent to perform the work of the classification.
Regular Employees faced with a reduction of hours shall have the option of remaining in
the reduced position (if above the 20-hour threshold) or bumping to a lower classification,
if competent as defined in Article 8.2.3. Competent shall mean having demonstrated skills
and required experience to perform the job; and in case of disputes, the final decision shall
be made by the Employer.
An employee who has bumped shall move to the highest step of the new range that does not
exceed their current salary.
If there is no employee in the next lower classification who is less senior than the person
scheduled for layoff, that person may look progressively to the next lower classification for
such bumping rights.
The employee who is bumped by the affected employee shall have the same rights under
this Article.
8.13.3 Recall
If the affected employee elects not to take a vacant position, elects not to bump or cannot
immediately and adequately perform the functions of the job assignment in assuming a
vacant or bumped position, then that employee will be placed on the recall list and will be
eligible for recall under Article 8.15.
Nothing contained in this layoff section shall be construed to require the Employer to modify its
position, and classification structure, in order to accommodate bumping or other re-employment
rights.
Salary placement rules shall apply to recall to regular positions and to employees who have
bumped. Employees bumping to another position shall retain their old anniversary date for
purposes of step increases. Persons recalled to the same salary range shall be placed in their former
step and time in.step. The salary for non-regular positions not represented by the bargaining unit
shall be determined by the Employer.
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8.14 REDUCTION HouRs/FTE
An employee subject to an involuntary reduction in their FTE may elect to accept the reduction,
may bump and/or may elect to be placed on recall in accordance with Article 8.13. If the reduction
results in hours less than their budgeted FTE, it will be considered a layoff and the employee shall
have the right to bump or recall list.
8.15 RECALL
Any Regular employee who is laid off shall have his/her name placed on a recall list within each
respective Division for the classification he/she was laid off from, for any lower classification in the
same series, and for any other classification in which the employee has held permanent status. The
employee's name shall remain on the recall list(s) for a period of eighteen (18)months from date of
layoff. Persons shall be recalled in inverse order of layoff to the classification held at the time of
layoff. Employees who were laid off shall be considered for other positions in their Division and/or
within the bargaining unit in accordance with Article 8.13.
It shall be the responsibility of each person on a recall list to keep the Employer informed of his/her
current address and telephone number. The layoff letter to the employee shall advise him/her of their
recall rights and of the name and address of the person in County government to whom the employee
must send notice of their current address or any subsequent changes. The Employer shall have the
right to remove the name of any person on the recall list if there is no response within fourteen (14)
calendar days after the Employer has mailed a certified letter (return receipt request) to the person's
last known address.
If an employee on recall accepts an opportunity to return to work in a lower classification than the
one laid off from, the employee's name may remain on the recall list for their previous higher
classification for the balance of the eighteen(18)months, and shall be given an opportunity to accept
such a position if it should become available. If an employee is recalled to return to the same
classification from which he/she was laid off, and refuses the offer to return, his/her name shall be
removed from the recall list and further return rights shall be forfeited.
Employees recalled to their former classification within eighteen (18) months of being laid off shall
be placed at the same salary range and step, and time in step, in effect at the time of layoff. In
addition, employees recalled to County service within eighteen (18) months to the same or another
job classification, Office or Division shall have the sick leave balance as of the date of layoff restored
(unless the employee received a sick leave cash out at the time of layoff); shall accrue annual leave at
the same accrual rate in effect as of the date of layoff; and the number of years of continuous County
service at the time of layoff shall be credited towards eligibility for the longevity benefit. Employees
recalled into regular part-time positions shall be subject to pro-rated benefits as described in other
articles of this Agreement.
As long as any employee remains on the recall list, the Employer shall not newly employ by hiring
persons into the affected bargaining unit classification(s), within their Division, until all qualified
employees holding recall rights to that affected classification have been offered recall.
A copy of the recall list shall be provided to the Union,upon request.
There shall be no probationary requirement for persons returning to their former position if the
initial probationary period has been completed.
2019-2020 Probation Teamster's Collective Bargaining Agreement Page 26
Employees shall not lose seniority original as a result of layoff for a period of up to eighteen (18)
months,per Article 8.4.4; provided,however, that no benefits nor seniority shall be accrued during
the period of layoff.
It is understood that a person who has bumped to another position or has been laid off and recalled
under this Agreement,must meet the education, experience and/or training requirements (including
completion of State mandated Academy, Guardian ad Litem, and Community Juvenile
Accountability Act requirements, if appropriate), as well as licenses and/or certificates and
polygraph requirements, in order to exercise their seniority rights. Laid off employees will retain
their seniority rights for eighteen(18) months from the date of layoff. Seniority shall be lost if the
employee does not return to work when offered their previous position.
8.16 VACATION&LEAVE CASH OUTS/PAY
Any regular employee who is laid off or terminated shall be cashed out for any unused vacation
benefits or comp time with their final paycheck, to the extent of established maximums (per other
Articles of this Agreement).
Sick leave balances at the date of layoff shall be restored upon recall with the Employer if the
person is recalled into a regular position from the recall list and the employee did not receive a sick
leave cash-out per Article 13.1. No sick leave shall accrue during the period of layoff.
If a person on the recall list is employed in a temporary position, only sick leave accrued during
temporary employment may be used during temporary employment. Sick leave accrued during
temporary employment may be added to any existing sick leave balance if the person is hired into a
regular position from the recall list.
8.17 UNEMPLOYMENT CLAIMS
If laid off employees apply for unemployment compensation benefits, the Employer will not
contest the claim and will confirm that the employee was laid off.
ARTICLE 9—WAGES
9.1 WAGE SCHEDULE.
Effective January 1, 2019 through December 31, 2020, each employee shall have his/her base wage
as set forth in Appendix A and an across the board increase(as below in this section):
INCREASE
1/1/2019 2.00%
�]
1/1/2020 1.75%
Should it become necessary to establish a new job classification within the bargaining unit during
the life of this Agreement, the Employer may designate a job classification title and salary for the
classification. The salary for any new classification within the bargaining unit shall be subject to
negotiations, consistent with Article 2.2.
Each move within a range is determined by the employee's anniversary date. The anniversary date is
the day the employee started work within a range. Upon promotion of an employee placing him/her
in a higher range,the date of the promotion becomes the anniversary date that determines future step
2019-2020 Probation Teamster's Collective Bargaining Agreement Page 27
increases within that range. The employee's actual date of hire with Mason County will always
remain the same(regardless of promotion)for purposes of vacation leave, sick leave,and retirement.
The Employer shall make available information monthly, which shall reflect all items covered by
gross pay such as; sick leave,vacation time, straight time and overtime.
9.2 HIRE-IN RATES
New regular employees shall normally be placed at Step 1 of the appropriate salary range or placed
consistent with current personnel rules.
ARTICLE 10—OTHER COMPENSATION
10.1 CALL—BACK PAY
All employees will respond to emergency call-outs unless extenuating circumstances such as
illness or other incapacitation prevent the employee from responding. Pursuant to provisions of
RCW 38.52 concerning Emergency Management, and Mason County Code 2.19.050, the County
may utilize personnel of any County Department or agency in a declared disaster.
Full-time employees who are called back to work after leaving the job site (and not adjacent to the
next regularly scheduled shift), shall receive a minimum of two (2)hours' pay at the overtime rate.
When an employee is called out between shifts, the time worked between shifts shall be paid at the
rate of one and one-half(1'h)times the regular rate. After working the call out shift, the employee
may have the option of working the next regularly scheduled shift, provided the supervisor and the
employee feel the employee can carry out the duties of the position safely. When the employee
does continue working, the time worked on the next regularly scheduled shift shall be compensated
at the normal straight time rate.
During periods of emergency, changes of shift can be made with eight (8) hours' notice, provided
the employee has eight(8)hours off between the two (2) shifts.
This provision shall apply to employees who are required to attend Employer scheduled meetings
on their regularly scheduled day(s)off.
Part time employees who are called back to work after leaving the job site shall receive a minimum
of two(2)hours'pay at the appropriate rate of pay.
10.2 WORK IN A HIGHER CLASSIFICATION
No employee shall be reduced in salary or benefits because of being assigned by the Employer to
perform the work of a lower classification,except in the situation of lay off.
A supervisor may assign an employee to perform the primary duties of a higher classification, when
those duties are not part of the employee's current job classification,for the purpose of:
A. Providing work coverage during an authorized vacation period;
B. Providing work coverage during an authorized sick leave;
C. Providing work coverage for an authorized leave of absence; or
D. Providing work coverage for a currently vacant position.
2019-2020 Probation Teamster's Collective Bargaining Agreement Page 28
If the employee is scheduled to work in the higher job classification for a minimum of three (3)
consecutive workdays, the employee shall be paid on the step of the salary range for the higher
classification that provides at least a five percent(5%)increase.
10.3 LEAD WORKER
The County may designate an employee as a Lead Worker; such designation is not considered to be a
"job vacancy"or"newly created position"as referenced in Article 8—Seniority. A lead Worker will
typically direct, oversee and/or organize the work of other employees, although the County reserves
the exclusive right to make a Lead Worker designation based on other factors and rationale. The
Lead Worker cannot hire, fire, or discipline other employees within the Teamsters bargaining unit.
This job classification is used at the discretion of management(and with prior approval of the Board
of County Commissioners). The County will give full consideration to applicants who are members
of the bargaining unit prior to filling an open lead position from outside the bargaining unit. Any
employee who acts as Lead Worker will receive an additional ten percent(10%) salary for the period
of time they perform that function.
The Lead Worker must demonstrate the ability to work collaboratively and in cooperation with
others,be able to articulate and support the philosophy of the administration, as well as participate in
leadership training as required by administration. The Lead Worker must, at a minimum, complete,
and/or have completed the following training:
For Juvenile Probation:
• Juvenile Services State Criminal Justice Training Academy-Probation
• Case Management Assessment Process Training(CMAP)
• Aggression Replacement Training
• Guardian ad Litem
For Adult Probation:
• Adult Services State Criminal Justice Training Academy
• Washington State Misdemeanant Probation Counselor's Academy
• Washington Risk Assessment tool for Adult Misdemeanant Defendants
• Caseload Pro or current case management program training for Adult Misdemeanants
Probation
• MRT Certification
• DV MRT Certification
10.4 MILEAGE REIMBURSEMENT
All bargaining unit employees who are required to use their own vehicles for Employer business
shall be reimbursed at the mileage rate set by the current policy for all miles driven on such
business.
10.5 LONGEVITY
The County shall provide additional monthly compensation above each eligible, regular full-time
employee's base salary to recognize continuous length of service as a County employee. Eligible,
regular part-time employees shall receive a pro-rated longevity benefit in proportion to the number of
hours the part-time employee is in pay status during the month as compared to that required for fall-
time employment. The longevity benefit will be implemented in accordance with the following
schedule: j
2019-2020 Probation Teamster's Collective Bargaining Agreement Page 29
Beginning in 11th and continuing thru 15th years 1.5%above base
Beginning in 16th and continuing thru 20`h years 3.0%above base
Beginning in 21'and continuing thru 25th years 4.5%above base
Beginning in 26th year and continuing thereafter 6.0%above base
ARTICLE 11 -HOLIDAYS
11.1 HOLIDAYS
The following annual paid holidays are recognized for all benefitted employees and will be paid
regardless of which day of the week they occur.
New Year's Day Labor Da
Martin Luther King Day Veterans' Da Armistice Da
President's Day Thanksgiving Da
Memorial Day Day After Thanks 'vin
July Fourth Christmas Da
Christmas Eve Two 2 Floating Holidays
Employees must receive written approval at least one week in advance of the date(s) in which they
desire to utilize their floating holiday. All requests to use a floating holiday must be made no later
than the last working day of November. Floating holiday(s)used by the end of the calendar year will
be forfeited, unless denied on the basis of the staffing needs of the Office or Division. Except by
mutual agreement, floating holidays shall be used in whole day increments. Christmas Eve may be
taken off based on the operational needs of the County and the Courts, and if this cannot be
accommodated,the employee will schedule an alternate day with their supervisor's approval.
11.2 RELIGIOUS HOLIDAYS
Employees may also take other religious holidays off with their supervisor's approval, with or
without pay, through utilization of vacation or comp time or by making alternative work schedule
arrangements. Such requests shall not be unreasonably denied.
11.3 HOLIDAY OBSERVANCE
When a recognized holiday falls on a Saturday, the proceeding Friday shall be considered the
holiday. When a recognized holiday falls on a Sunday,the following Monday shall be considered the
holiday.
For those employees on a four-ten (4-10) work schedule, or other alternate schedule, when one of
the listed holidays falls on one of the employee's regularly scheduled days off, the holiday shall be
observed on a day mutually agreeable to the employee and the Employer within the same
workweek.
11.4 HOLIDAY ON DAY OFF
Benefitted employees shall receive eight (8) hours' holiday benefit pay and time-off for each
holiday listed in Article 11.1 —Holidays.
11.5 HOLIDAY COMPENSATION
. Al` .A�..'
2019-2020 Probation Teamster's Collective Bargaining Agreement Page 30
Benefitted employees shall be paid no more than eight(8)hours of holiday benefit pay for that day
regardless of their work individual schedule. Part-time employees will receive a paid holiday in
proportion to the number of hours they ordinarily would be scheduled to work (not to exceed eight
(8)hours) on that day.
Should any work be performed by an employee on a holiday at the approval and/or direction of
their supervisor they shall be paid for time worked and overtime may result if, consistent with
Article 6.4, it results in over forty (40) hours worked for the workweek. No employee shall be
called on a holiday for less than four(4)hours, except those personnel serving Standby Duty.
Employees working approximately 50% of their shift on a Holiday will be paid for one day as if
the entire shift was worked on a Holiday. Employees not working approximately 50% of their shift
on a Holiday are paid a premium rate for the actual time worked on the Holiday (unless already
paid Holiday pay for that particular day) and at their regular rate for the time worked that is not on
the Holiday.
ARTICLE 12—VACATION
12.1 VACATION ACCRUAL
Regular and Temporary full-time employees shall accrue paid vacation leave, after six (6) months'
employment, shall be entitled to and receive vacations with pay as follows:
1St through 3rd year of employment 96 hours
4th through lib year of employment 120 hours
8th through 9th year of employment 144 hours
10th through 11th year of employment 160 hours
12th through 14th year of employment 176 hours
15th through 16th year of employment 184 hours
17th through 19th year of employment 192 hours
20 or more years of employment 200 hours
Regular and Temporary part-time employees shall accrue vacation leave on a pro-rated basis in
proportion to the number of hours the part-time employee is in pay status during the month as
compared to that required for full-time employment, plus they must also meet the qualification for
PERS participation to have vacation leave accrual apply.
The first day of the month of hire shall be the effective date of subsequent increases in the vacation
leave accrual rate for employees hired between the first and the fifteenth of the month. The first day
of the month following the month of hire shall be the effecive date of subsequent increases in the
vacation leave accrual for employees hired between the sixteenth and the last day of the month.
With the exception of promoted employees,vacation leave accrued within the first six(6)months of
employment cannot be utilized by an employee until they have successfully completed their initial
appointment probationary requirements. An employee whose employment with Mason County
terminates within the six (6) month probationary period shall not be paid for any vacation leave
accrued during the probationary period.
2019-2020 Probation Teamster's Collective Bargaining Agreement Page 31
For Regular and Temporary full-time or Regular and Temporary part-time employees shall
accumulate one-twelfth (1/12th) of their yearly accumulation total per month, to the maximum
amount of vacation leave that may be accrued at any point in time is four hundred (400)hours. No
vacation leave accrued will be added to an employee's vacation leave benefit when the maximum
accrual has been attained, except that the four hundred (400) hours maximum may be exceeded in
any given month with prior written approval of the Elected Official or Department Head.
Whereas the Union and the County recognizes the importance of employees utilizing earned
vacation leave to promote and enhance their mental and physical well-being, employees should
attempt to use vacation leave during the year in which it is earned.
12.2 VACATION SCHEDULING
Upon completion of six (6) months' continuous service in a Regular and Temporary position, an
employee shall be eligible for paid vacation. An employee's request for vacation leave will be
granted, provided that prior approval is given by the employer, and provided that leave requested
does not prevent a Division,thereof, from providing efficient public service.
Regular and Temporary full-time employees must work or be in a paid status at least eighty (80)
hours in a month in order to accrue vacation leave for the month. Regular and Temporary part-time
employees must work or be in a paid status at least in the same proportion to the eighty(80)hours as
their regular hours are to full-time employment to accrue vacation leave for that month.
If an approved holiday occurs within the approved vacation leave period, such day shall be charged
as holiday leave rather than vacation leave.
Employees shall have the option of using comp time or vacation leave for approved paid time off.
If transfer occurs to another division, any scheduled vacation time would be honored.
It is understood that vacation requests are considered in view of the operational needs of the
County and Courts, and must be agreed upon by the Administration and employee. Employees
within their division will be allowed to pre-select their vacations, as follows:
a) One vacation seniority list will be posted for District Court Probation employees and
one vacation seniority list for Juvenile Court Probation employees by January I"of each
year, and shall be for the vacation period starting February 15th of the current year
through February 14th of the following year.
b) Employees, by seniority, will have the opportunity to pre-select their vacation(s) in
Round-One from either: A) up to one, two-week period; or B) up to two, one-week
periods. A second and any subsequent rounds, if needed, shall be allowed on the same
basis after completion of the previous round. These requests will be provided to the
Administrator or his/her designee no later than February 15 of each year.
c) After the selection process is closed, staff may request a change to the posted schedule
only for their approved time; such employee, however, will not have the right to
"bump"another staff from their approved time.
2019-2020 Probation Teamster's Collective Bargaining Agreement Page 32
d) Requests outside the vacation selection period (January 1 — February 15) will be
considered in view of the operational needs of the County and Court on a first-come,
first-serve basis, and must be agreed upon by the Administration and employee.
e) A request for vacation exceeding two consecutive weeks (10 working days) may be
approved by the Administration for extenuating circumstances and with sufficient
advance knowledge to ensure adequate staffing.
fl Written approval of a vacation request is advised before an employee purchases tickets
or pays for accommodations.
12.3 VACATION PAY
Vacation leave days shall be the same as the regular workday schedule for the Division wherein the
employee is employed. Vacation pay shall be the amount that the employee would have earned if
the employee had worked their regular position during the vacation period.
If an authorized holiday occurs within an employee's vacation period, that day will be paid as a
holiday and not deducted from the employee's vacation accruals. Employees cannot receive
vacation, sick leave or holiday pay simultaneously for the same days.
12.4 VACATION UPON TERMINATION
Upon separation of a Regular and Temporary full-time or Regular and Temporary part-time
employee by resignation (with ten(10) working days' notice), retirement, layoff, dismissal or death,
the employee or beneficiary thereof, shall be paid for unused vacation leave at the employee's rate of
pay at the time of separation,provided that no employee may cash out more than four hundred(400)
hours of vacation leave.
Employees shall provide at least ten (10) working days written notice of their effective resignation
date. The time limit of the resignation may be waived at the discretion of the Director. Pay in lieu
of unused vacation shall be forfeited if ten (10) working days written notice is not provided or
waived.
When an employee's employment terminates or an employee moves from full-time to extra help
employment, the employee shall be paid in full for all accrued vacation leave provided they have
successfully passed their 6-month probation period leave.
The cash-out of accrued leave or other accrued time off shall be paid and reported in accordance
with the provisions of law regulated by the Washington State Department of Retirement Systems.
ARTICLE 13 - SICK LEAVE
13.1 SICK LEAVE ACCRUAL
Per the Washington State Paid Sick Leave law, RCW 49.46, in accordance with WAC 296-130 and
Initiative 1433, the County and the Union mutually agree to comply the with the laws. Sick leave
shall be accumulated for all Regular and Temporary full-time employees, who have worked or been
in a paid status at least eighty (80)hours at the rate of eight (8) hours per month for each month of
employment. Regular and Temporary part-time employees shall accrue sick leave on a pro-rated
basis in proportion to the number of hours the part-time employee is in a paid status during the month
2019-2020 Probation Teamster's Collective Bargaining Agreement Page 33
as compared to that required for full-time employment. Sick leave accrual may not exceed one
thousand two hundred(1,200)hours.
13.2 SICK LEAVE USAGE
Usages of sick leave shall be consistent in accordance with the Washington State Paid Sick Leave
law, RCW 49.46, WAC 296-130 and Initiative 1433,the County and the Council mutually agree to
comply with the laws.
13.3 SHARED LEAVE
Employees are eligible to participate in the County's Shared Leave Policy.
13.4 COORDINATION-WORKER'S COMPENSATION
In the event an employee shall be entitled to benefits or payments under any program of disability
insurance furnished by the Employer, Worker's Compensation Act or similar legislation by the
State of Washington or other governmental unit, the Employer shall pay to the employee only the
difference between the benefits and payments received under such insurance or act by such
employee and the regular rate of compensation that he/she would have received from the Employer
if able to work. In such event, the number of hours deducted from the employee's total accrued
sick leave shall be the hourly equivalent of the Employer's payment. The foregoing payment or
contribution by the employer shall be limited to the period of time that such employee has
accumulated sick leave credits as herein above specified.
Time missed from work that is due to Worker's Compensation claims will be considered as time
worked for employee's paid Health and Welfare and Vacation purposes up to one(1)year.
a. For a period of absence from work due to injury or occupational disease resulting from
County employment, the employee shall file an application for Worker's Compensation
in accordance with State Law.
b. If the employee has accumulated sick leave credit, the County shall pay the sick leave
difference between his/her time loss compensation and his/her full regular salary unless
the employee elects not to use his/her sick leave.
c. Should an employee receive Worker's Compensation for time loss and he/she also
receives sick leave compensation, his/her sick leave accrual prior to the time loss will
be reduced by the total number of hours he/she was on sick leave minus the number of
hours at full salary for which he/she is paid to the nearest hour.
d. Until eligibility for Worker's Compensation is determined by the Department of Labor
and Industries, the County may pay full sick leave accumulated, provided that the
employee shall return any subsequent over-payment to the County.
e. Should an employee apply for time loss compensation and the claim is then or later
denied, sick leave and annual leave may be used for the absence in accordance with
other provisions of this rule.
E Nothing herein pertains to a permanent disability award.
, :r, 41` I:
2019-2020 Probation Teamster's Collective Bargaining Agreement Jf pPage 34
g. If any employee has no sick leave accumulated, the words "annual leave" may be
substituted for"sick leave" above.
13.5 FAMILY MEMBER
Authorized uses of sick leave may be utilized as referenced above in this article for "immediate
family" as defined in article 1.7.
13.6 SICK LEAVE CASH OUT
Employees hired before January 1, 2011, shall receive payment for unused sick leave upon
termination of employment with fifteen(15)years of continuous County service; or upon termination
of employment with Mason County when the termination is contemporaneous with retirement under
an appropriate Washington State Public Employees Retirement System; or upon the death of the
employee, in which case payment shall be made to his/her estate. Employees hired on or after
January 1, 2011, shall not be eligible (nor their estate) to receive any cash out of their accrued sick
leave upon separation from County service.
ARTICLE 14—LEAVES OF ABSENCE
14.1 IN GENERAL
Leaves of absence requests shall not be unreasonably denied. All leaves are to be requested in
writing as far in advance as possible.
As appropriate for the type of leave requested, paid leave accruals will be utilized prior to unpaid
leave,unless otherwise provided for in this Agreement.
Leave does not accrue nor may it be used until the first day of the following pay period in which it
is earned(no "negative"leave use during the period in which it is earned).
14.2 JURY DUTY/CouRT
An employee, who is required to serve on a jury or as a result of official Employer duties is
required to appear before a court, legislative committee or quasi-judicial body as a witness in
response to a subpoena or other directive, shall be allowed authorized leave with pay less any
amount received for such duty.
14.3 MILITARY LEAVE
All Regular and Temporary employees shall be allowed military leave as required by RCW
38.40.060 and as interpreted by the Court. This provides for twenty-one (21) working days of
military leave per year(October 1 through September 30).
14.4 BEREAVEMENT
Employees will be provided up to three(3) days of paid bereavement leave in the event of the death
of an immediate family member. A day of bereavement leave shall be in accordance with the
employee's regularly scheduled workday. Immediate family includes only persons related by blood
or marriage or legal adoption. For purposes of this Bereavement Article, these individuals are: wife,
husband, parent, grandparent, brother, sister, child or grandchild, grandmother-in-law,
grandfather-in-law, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, daughter-
in-law, nieces, nephews, cousins, aunts, and uncles of the employee. Bereavement leave will not be
deducted from the accrued sick/vacation time. Upon request,two (2) days of accrued sick leave shall
2019-2020 Probation Teamsters Collective Bargaining Agreement Page 35
be granted. Additional time off may be requested and charged to comp time, floating holiday or
vacation leave, as approved by the Elected Official/Department Head.
14.5 MAINTENANCE OF SENIORITY
The Employer shall adjust the employee's anniversary date to reflect any period of unpaid leave.
Seniority shall continue to accrue and the employee's anniversary date shall not be adjusted for
periods of legally protected leave, such as FMLA or military leave.
14.6 LEAVE WITHOUT PAY
If a medical leave of absence without pay is granted, the employee shall have return rights to his/her
previously held position. Return rights for any other leave of absence shall be limited to three (3)
months. If the previously held position has been abolished during the leave of absence, then the
employee shall have return rights to a similar position (a position in the same classification at the
same salary level) if there is a vacancy. If there is no vacant similar position, the employee shall be
placed on the recall list,pursuant to Article 8, Seniority,Layoff and Recall.
An employee on leave of absence may be affected by a lay-off in the same manner as if the employee
were working.
Leave of absence without pay is not creditable towards seniority and seniority related benefits, except
as identified above in Article 14.5 for identified legally protected leave such as FMLA and Military.
An employee who takes a leave of absence without pay shall have his/her date of hire for seniority
purposes adjusted for the same duration of time as the period of leave without pay. Step increases are
based on duration of employment and will be adjusted accordingly. General salary increases are not
based upon duration of employment and will not be adjusted in this manner. The employee's
seniority for purposes of vacation accrual, promotion and layoff would be adjusted in the same
amount as the duration of the leave without pay. In the unlikely event an employee was granted a
leave without pay during his/her probationary period, the probationary period would be extended for
the same duration as the leave without pay.
As appropriate for the type of leave requested, paid leave accruals will be utilized prior to unpaid
leave.
14.7 FAmILY LEAVE—FMLA
The County and the Union mutually agree to comply with all State and Federal Family Leave
Laws (FMLA, RCW 49.78). The Employer will grant leave consistent with the FMLA and the
adopted conditions and provisions of the state and federal law and are not intended to expand upon
the rights thus set forth.
If an employee has any questions regarding the State and Federal Family leave laws, they may
contact the County's Human Resource Department for guidance
14.8 MATERNITY LEAVE
Consistent with WAC 162-30-020, the Employer will grant a leave of absence for a period of
temporary disability because of pregnancy or childbirth. This may be in addition to the leave
entitlements of FMLA.
2019-2020 Probation Teamster's Collective Bargaining Agreement Page 36
This leave provides female employees with the right to a leave of absence equivalent to the
disability phase of pregnancy and childbirth. There is no eligibility requirement, however the
Employer has no obligation to pay for health insurance benefits while on this leave (unless utilized
concurrent with FMLA).
Leave for temporary disability due to pregnancy or childbirth will be medically verifiable. There is
no limit to the length of the disability phase, except for the right for medical verification and the
right of second opinion at the employer's expense. At the end of the disability leave, the employee
is entitled to return to the same job or a similar job of at least the same pay as provided by law.
Employees must use their accrued vacation and sick leave, if any, during the leave period and, at
their election, any accrued comp time. Once this paid leave is exhausted, the employee's leave
may be switched over to unpaid leave.
14.9 PAID FAMILY&MEDICAL LEAVE COMPLIANCE
The County and Union mutually agree to comply with all Washington State Paid Family &
Medical Leave laws,per RCW 50A.04.
ARTICLE 15—HEALTH&WELFARE
15.1 HEALTH AND LIFE INSURANCE
The County shall contribute as below, per employee per month toward the premiums for Health
and Welfare benefits for each employee, including their eligible dependents, compensated eighty
(80) man-hours (excludes, vacation, sick and comp time payouts, upon separation) or more per
month. For the Probation division, this contribution is to be applied to premiums for Public
Employee's Benefits Board(PEBB), and current County dental,vision, and life insurance plans.
The Employer shall continue to pay into the Washington Counties Insurance Fund for $24,000 (or
equivalent basic life insurance program) in life insurance the monthly premium for each employee
compensated for eighty (80) man-hours (excludes, vacation, sick and comp time payouts, upon
separation) or more per month.
The County contribution for Health&Welfare Insurance shall be:
A. Effective January 1, 2019 the contribution shall be increased to one thousand and
two hundred and fifty-eight dollars ($1258) per month during the term of this Agreement
for each eligible employee for medical, dental, vision, and life insurance coverage.
B. Effective January 1, 2020 the contribution shall be increased to one thousand and
three hundred and ten dollars ($1310)per month during the term of this Agreement for each
eligible employee for medical, dental, vision, and life insurance coverage.
If any other bargaining unit or group of employees receives contributions greater than the above
amounts the members of this bargaining unit will also receive those increased amounts on the same
effective dates.
In the event the County's maximum monthly contribution is insufficient to provide all of the total
Health and Welfare premiums as referenced in Section 1 above, the priority order for full County
payment shall be as follows:
2019-2020 Probation Teamster's Collective Bargaining Agreement Page 37
(1) Life Insurance; (2)Vision; (3)Dental; and(4)Medical.
Any monthly premium contribution required above the County's maximum contribution shall be
paid by a reduction of the necessary amount from the employee's salary.
In the event the Employer is subject to carrier plan design change or a penalty, tax, fine or
increased costs as a result of requirements or provisions of the ACA, not within the control of the
Employer, the parties agree to meet and negotiate regarding the impacts of any such cost or plan
design impacts and immediately bargain alternative provisions.
Employee Assistance Program(EAP): The County shall provide an Employee Assistance Program
(EAP)benefit for all bargaining unit employees
The County shall provide for all employees, under this agreement, to receive all three shots in the
hepatitis series and follow-up tests, along with an annual TB test.
15.2 RETIREMENT
Pensions for employees and contributions to pension funds will be governed by the Washington
State statutes in relation thereto in existence during the contract period.
ARTICLE 16-TRAINING
16.1 TRAINING
Approval for attendance at training, the hours intended to be compensated and the reimbursement
for travel and expenses shall be established by the supervisor prior to the training, consistent with
the current policy.
All employees will be paid at the appropriate rate for taking County sponsored training.
Juvenile Probation Officers will be required to successfully complete the Juvenile Corrections
Personnel Academy - Probation (DCPA-PRB) when scheduled by the management in order to
maintain full-time employment.
As required by WAC 139-10-2101 Adult Probation Officers must successfully complete the
Washington State Misdemeanant Probation Counselor's Academy (WSMPCA) within their
probationary period. The probationary period may be extended for the purposes of successfully
completing the required training. Employees will be given one opportunity to successfully
complete the WSMPCA, except if there is good cause authorized the by the Elected
Official/Division Head to be given additional opportunities to successfully complete the
WSMPCA. The Employer will pay for costs associated with the WSMPCA for the first
opportunity. In the event an employee does not successfully complete the WSMPCA on the first
opportunity, and is authorized an additional opportunity for good cause by the Elected
Official/Division Head, the employee will be responsible to pay to attend WSMPCA. In the event
the training is not successfully passed on the first opportunity, employment shall be immediately
terminated, except for good cause as authorized by the Elected Official/Division Head.
2019-2020 Probation Teamster's Collective Bargaining Agreement Page 38
16.2 TRAINING REim BURSEMENT
Compensation associated with training or representation of the Employer on official business shall
be consistent with the current policy and the Fair Labor Standards Act(FLSA).
The County will reimburse the costs of all physical examinations required to attend the Criminal
Justice Training Commission as a condition of continuing employment.
ARTICLE 17—LABOR/ MANAGEMENT COMMITTEES
17.1 PURPOSE OF COMMITTEE
The Employer and the Union agree that a need exists for continuing cooperation between labor and
management, and to meet from time to time upon the request of either parry concerning
suggestions and issues of a general nature affecting the Union and the Employer relations.
The parties therefore establish a Labor/Management Committee consisting of up to three (3)
members from the Bargaining Unit and the Union staff representative, and up to three (3) members
from the Employer and a representative from Human Resources. The committee will meet from time
to time,upon the request of either party,during working hours to discuss matters of mutual interest or
concern. The committee shall not have the authority to change this Agreement, nor shall it substitute
for the grievance procedure.
The above provision does not preclude and in fact encourages the parties to also meet informally
and expeditiously on an as needed basis on matters of mutual concern.
Policy Work Groups - The Union will be given an opportunity to designate participants to Policy
Work Groups related to employment policies. Policy Work Groups will be chaired by Human
Resources. Policy Work Group participants will not negotiate on behalf of the Union regarding
employment policies that would impact wages,hours and working conditions.
17.2 COMPOSITION OF COMMITTEE
The Labor Management Committee meetings will include a minimum of three (3) representatives
of the employer and a minimum of three (3) representatives appointed by Local No.252, unless
otherwise mutually agreed upon. Said committee shall attempt to meet for the purpose of
discussing and facilitating the resolution of issues which may arise between the parties other than
those for which another procedure is provided by law or other provisions of this Agreement.
17.3 COMPENSATION
All meeting time spent by members of the joint Labor-Management Committee will be considered
time worked if during duty hours and will be paid at the appropriate regular rate of pay.
ARTICLE 18—HEALTH& SAFETY
18.1 SAFE WORKPLACE
The Employer is responsible for maintaining a safe and healthful workplace. The Employer shall
comply with all federal, state, and local laws applicable to the safety and health of its employees.
Employees shall not be required to perform work if they have a reasonable basis for believing the
assignment would constitute a danger to their health and safety. The employee shall immediately
R � tAL
2019-2020 Probation Teamster's Collective Bargaining Agreement Page 39
contact a supervisor who shall make a determination with regard to safety. Upon the supervisor's
review and liability, the employee will perform the work but may refer the matter to the safety
committee or risk management.
All on-the-job injuries, no matter how slight, must be reported. Employees must immediately
notify their supervisor if they are unable to work because of a work-related injury or illness.
18.2 HEALTH&SAFETY PLAN
The Employer shall develop and follow written policies and procedures to deal with on-the-job
safety and shall conduct an ongoing site-specific safety and security plans in conformance with
state and federal laws.
18.3 DRUG FREE WORKPLACE
The Drug Free Workplace Act of 1988 for federal contractors and grant recipients requires that
employers will provide a drug free workplace. This policy strictly prohibits the unlawful
manufacture, distribution, dispensation, possession, or use of a controlled substance in the
workplace.
If a supervisor or manager reasonably suspects, through observation, that an employee may be
physically incapable of performing the essential functions of the job and/or may be under any
influence of, or impaired by, a substance, the employee shall be removed from duty immediately
and undergo substance testing for the suspected substance. Except in emergency situations, the
supervisor or manager shall consult with another supervisor, manager or representative of Human
Resources to ensure that adequate grounds for reasonable suspicion exist. The consulted
supervisor, manager or representative of Human Resources shall also personally observe the
employee before the employee is required to test for the presence of that substance. At this time,
the employee will also be notified of his or her Weingarten rights.
Employees removed from duty under such circumstances who test positive shall be required to
meet with the Employer's Substance Abuse Professional (SAP) and shall only be allowed.to return
to work, if at all, in accordance with the return to work provisions of the Employer's substance
abuse policy.
18.4 WORK PLACE VIOLENCE
The Employer is committed to employee health and safety. Workplace violence, including threats
of violence by or against a County employee, will not be tolerated and should be immediately
reported whether or not physical injury occurs.
ARTICLE 19- GRIEVANCE PROCEDURE
19.1 GRIEVANCE DEFINED
The purpose of the grievance procedure is to promote harmony and efficiency between employees
and the County by providing timely settlement of grievances without fear of discrimination or
reprisal. A grievance is an allegation by an employee,group of employees or the Union that there has
been a violation,misapplication or misinterpretation of this Agreement.
Employees will be unimpeded and free from restraint, interference, coercion, discrimination or
reprisal in seeking adjudication of their grievance.
l.ig9
2019-2020 Probation Teamster's Collective Bargaining Agreement _, Page 40
Any grievance procedure time limit may be extended by mutual written agreement. Failure by an
employee and/or the Union to comply with any grievance time limitations shall constitute withdrawal
of the grievance. Failure of the County to comply with any grievance time limitations shall permit
the Union or the employee to advance the grievance to the next step in the grievance procedure.
A grievance of interest to several employees may be filed as a "group grievance."
The processing and adjudication of grievances shall be conducted during working hours.
19.2 GRmvANCE PROCEDURE
In the event of a grievance,the following procedure shall be used:
Step 1. A grievance must be presented within ten (10) calendar days of the incident giving
rise to the grievance or the date the grievant knew or reasonably could have known of the
incident to the Division Manager or Designee. The Division Manager or Designee may
schedule a meeting with the employee and his/her Union representative or he/she may
respond to the grievance when presented. In either case, the Division Manager or Designee
shall respond to the grievance within ten(10) calendar days of the employee raising the issue.
If the grievance is not resolved informally,then a written grievance may be filed at step 2.
Step 2. The grievance shall be presented in writing on an official Union grievance form. This
shall include:
1. The specific details of the incident or issue giving rise to the grievance;
2. The Article(s)and Section(s)of the Agreement allegedly violated; and
3. The remedy sought.
The written grievance shall be submitted by the employee and/or the Union Steward/Union
Representative to the Juvenile Court Administrator or District Court Administrator within ten
(10) calendar days of the date of the discussion in Step 1 above. A copy of the grievance will
be filed concurrently with the Human Resources Department. Within ten (10) calendar days
after the receipt of the official written grievance, the Administrator shall schedule a meeting
with the employee and Shop Steward and/or Union Representative to hear and seek to resolve
the grievance. The Administrator shall provide a written response to the employee and the
Union Steward/Union Representative within fourteen (14) calendar days of the meeting. A
copy of the grievance response shall be provided to the Human Resources Department. If the
grievance is not resolved at Step 2,the grievance may be advanced to Step 3.
Step 3. The written grievance shall be submitted to the Human Resources Manager within ten
(10) calendar days of the date of the written response at Step 2. Within ten(10) calendar days
of receipt of the grievance, the Human Resources Manager or designee shall schedule a
meeting with the employee, Union Steward/Union Representative, District Court
Administrator, and the Juvenile Court Administrator(or designee)to hear and seek to resolve
the grievance. The Human Resources Manager shall provide a written answer to the
employee, Union Steward/Union Representative, and Juvenile Court Administrator within
fourteen (14) calendar days of the meeting. If the grievance is not resolved at Step 3, the
grievance may be advanced to Step 4.
ll ;
2019-2020 Probation Teamster's Collective Bargaining Agreement Page 41
Step 4. The Union may choose to submit the grievance to arbitration and in such case will
deliver written notification of its intent to arbitrate to the Employer within fourteen (14)
calendar days. The Union's request for arbitration shall be in writing and may be filed with
the Public Employment Relations Commission (FERC), Federal Mediation and Conciliation
Service (FMCS), or a mutually agreed upon arbitrator or arbitration service within thirty (30)
calendar days of submitting its notice of intent to arbitrate to the Employer. In addition, the
Union shall request the arbitration service supply a list of seven(7) qualified arbitrators. If a
list of seven arbitrators is requested,both parties will attempt to agree upon an arbitrator from
this list. If they cannot agree within fourteen(14) calendar days from the receipt of the list, a
flip of the coin will determine which party strikes the first name from the list. This striking of
names will alternate between the parties until one name remains. This person shall be the
arbitrator. The referral to arbitration shall contain the following:
1. The specific details of the incident or issue giving rise to the grievance;
2. Article(s) and Sections(s)of the Agreement allegedly violated;
3. Copies of the Step 2 and 3 responses to the grievance;
4. Remedy sought.
GRIEVANCE ARBITRATION: A hearing shall be scheduled at a date, time and location mutually
convenient for all parties. In connection with any arbitration proceeding held pursuant to this Article,
it is understood as follows:
A. 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/her power shall be limited to
interpretation or application of the terms of this Agreement, and all other matters shall be
excluded from arbitration.
B. The decision of the arbitrator shall be final, conclusive and binding upon the
Employer, the Union and the employees involved, provided the decision does not involve
action by the Employer,which is beyond its jurisdiction.
C. Each party may call such witnesses as may be necessary in the order in which their
testimony is to be heard. Such testimony shall be sworn and shall be limited to the matters set
forth in the written statement of the grievance, and shall be subject to cross-examination. The
arguments of the parties may be supported by oral comment and rebuttal. Either or both
parties may submit post-hearing briefs within a time mutually agreed upon. Such arguments
of the parties,whether oral or written, shall be confined to and directed at the matters set forth
in the written statement of the grievance.
D. Either party may request that a stenographic record of the hearing be made. The party
requesting such record shall bear the cost thereof; provided, however, if the other party
requests a copy, such cost shall be shared equally.
2019-2020 Probation Teamster's Collective Bargaining Agreement Page 42
E. The cost of the arbitrator shall be bome equally by the Employer and the Union, and
each party shall bear the cost of presenting its own case.
F. The arbitrator's decision shall be made in writing and shall be issued to the parties
within a reasonable timeframe after the date of the arbitration hearing or after receipt of the
parties' post hearing briefs are submitted to the arbitrator.
19.3 UNION/EMPLOYER GRIEVANCE
Either the Union or the Employer may initiate a grievance at Step 2 if the grievance is submitted in
writing within ten (10) business days from the date the Employer / employees became aware or
reasonably should have known that the grievance existed. The Employer may not grieve the acts
of individual employees, but rather, only orchestrated acts or actions of authorized representatives
believed to be in conflict with this Agreement. An Employer grievance will not be subject to
Arbitration and may only go to mediation upon mutual agreement.
The Union may initiate a Grievance at Step 2 anytime that it involves a group of employees
involving different supervisors or from different Departments. Such grievances may be referred to
mediation services by mutual agreement prior to Arbitration.
19.4 SCHEDULE OF MEETINGS
Upon request, and without unnecessary delay, a steward's immediate supervisor or designee shall
allow the steward during normal work hours without loss of pay, reasonable time to:
❖ Investigate any grievance or dispute so that same can be properly presented in
accordance with the grievance procedure.
❖ Attend meetings with the Director or other Employer representatives when such
meetings are necessary to adjust grievances or disputes. Meetings with
designated personnel will be by appointment and held without delay when
possible.
❖ Confer with a staff representative of the Union and/or employees on Employer
premises, at such time and places as may be authorized by the Director or
designee in advance of the intended meetings.
For the purposes of this Article and Article 4.3, obtaining coverage to insure minimum staffing
levels shall not be considered an unnecessary delay. The Employer shall not be obligated to
provide coverage immediately if the use of overtime is the only means of providing that coverage
ARTICLE 20-NO STRIKE/NO LOCKOUT
20.1 No STRIKE/NO LOCKOUT
The Union agrees that there shall be no strikes, slow-downs, or stoppage of work, or any
interference with the efficient operation of the Department. Any such action shall be subject to
disciplinary action, including termination and replacement of the involved employees. The
Employer shall not lockout any employee during the life of this Agreement.
2019-2020 Probation Teamster's Collective Bargaining Agreement Page 43
ARTICLE 21 –MANAGEMENT RIGHTS AND RESPONSIBILITIES
21.1 MANAGEMENT RIGHTS AND RESPONSIBILITIES
Except as specifically modified by this Agreement, including amendments, the County—acting
through the Board of Commissioners on issues regarding economic matters, and the Mason County
Superior Court and Mason County District Court —acting on issues regarding non-economic
matters, retains all legal and inherent exclusive rights with respect to matters of legislative and
managerial policy whether exercised or not. The Parties recognize that RCW 41.56 may impose an
obligation to negotiate changes in wages, hours and working conditions not covered by this
Agreement. Furthermore, the County and the Courts reserve all customary management
prerogatives including,but not limited to the right to:
A. Establish, plan for and direct the work force toward the organizational goals of the
Mason County government.
B. Determine the organization and merits, necessity and level of activity or service
provided to the public.
C. Determine the County budget and financial policies, including accounting
procedures.
D. Determine the procedures and standards for hiring, promotion, assignment, transfer,
layoff, discipline, and retention.
E. Discipline employees for just cause.
F. Determine the methods, means, equipment, and kinds and numbers of personnel
required to accomplish the governmental operations and maintain the efficiency thereof.
G. Assign work and schedule employees.
H. Reduce staff or reduce working hours due to a lack of work or lack of funds.
I. Take all actions necessary to carry out the mission of the Court in County
emergencies.
CASEWORK/WORKLOAD MANAGEMENT:
A. Management shall have the right to assist, supervise, complete, and retain authority
over any case. Further, management shall have the right to supervise and/or conduct
boards, meeting, or training sessions for and with Probation Staff and clients (those being
supervised)provided no reduction in staff occurs as a result of the exercise of these rights.
B. Management shall have the right to cross-train employees in all areas. Further,
management shall have the right to assign staff to fill any vacant position, with
consideration of seniority and training, in order to meet the needs of the community and the
office.
2019-2020 Probation Teamster's Collective Bargaining Agreement Page 44
VOLUNTEERS
A. Management shall have the right to train and utilize volunteers, to support
bargaining unit work, in Community Accountability Boards (CAB), Truancy Boards,
Restorative Justice Boards, Guardian ad Litem work and in any other area specifically
authorized by statue or code provision, provided there is no displacement of bargaining unit
work or positions. Management has the right, under the direction of bargaining unit
members,to acquire volunteers to assist in Guardian ad Litem work.
B. Management shall have the right to establish other volunteer programs which
support and assist existing Bargaining Unit work.
ARTICLE 22-GENERAL PROVISIONS
22.1 SAVINGS CLAUSE
It is understood that the parties hereto are governed by the provisions of applicable Federal and State
Law, which provisions shall prevail over this Agreement. Where there may be conflict between
County ordinances or resolutions and this Agreement,the Articles of the Agreement shall prevail.
Should any part thereof or any provisions herein be rendered or declared invalid by reason of any
existing or any subsequently enacted legislation, or by a decree of a court of competent
jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the
remaining portions hereof and they shall remain in full force and effect. In such event the parties
shall meet within thirty (30) days for renegotiation of such invalid provisions for the purpose of
adequate and lawful replacement thereof and to preserve the intent of the entire Agreement as
negotiated by the parties.
ARTICLE 23—ENTIRE AGREEMENT
23.1 DURATION CLAUSE
This Agreement shall become effective upon the signing of the Agreement and shall remain in effect
through December 31,2020.
Either party may request negotiations of a successor agreement within ninety (90) days of the
expiration of this Agreement.
This Agreement may be modified during its term by mutual agreement of both parties concerned.
Such mutual agreement shall be reduced in writing and shall be incorporated as a part of this
Agreement.
23.2 ENTIRE AGREEMENT
The Agreement expressed herein in writing constitutes the entire agreement between the parties and
no oral statement shall add to or supersede any of its provisions. The Employer agrees not to enter
into any Agreement or contract with any covered employee(s), either individually or collectively,
which is inconsistent with the terms of this Agreement.
The existing contract shall remain in effect until a successor contract is signed,or until one year from
the tennination of this Agreement.
2019-2020 Probation Teamster's Collective Bargaining Agreement Page 45
SIGNATURES
IN WITNESS WHEREOF,the parties hereto have executed this Agreement this
Day of ,2019.
MASON COUNTY COURTS BOARD OF COUNTY COMMISSIONERS
Monty Cobb; Randy Neatherlin; Commissioner
JUDGE OF THE SUPERIOR COURT District#1
Amber Finlay; Kevin Shutty; Commissioner
JUDGE OF THE SUPERIOR COURT District#2
Dan Goodell Sharon Trask; Commissioner
JUDGE OF THE SUPERIOR COURT District#3
George A Steele
JUDGE OF THE DISTRICT COURT
James Madsen
ADMINISTRATOR
Patsy Robinson
ADMINISTRATOR
6:;)_ C,-r- D i
TE TERS LOC No. 2 2
Russ Walpole; Secretary-Treasurer
2019-2020 Probation Teamster's Collective Bargaining Agreement Page 46
Appendix A — Job Classifications & Wage Table
Effective January 1, 2019
**Advancement from one step to the next is annual and on the employee's anniversary date.
Classification Step 1 1 Step 2 1 Step 3 1 Step 4 1 Step 5 1 Step 6 Step 7
Probation
Office Tech $3,246.17 $3,327.32 $3,410.51 $3,495.77 $3,583.16 $3,672.74 $3,764.56
Accounting Tech $4,031.53 $4,132.32 $4,229.88 $4,332.41 $4,439.47 $4,547.63 $4,661.32
Administrative Asst. $4,145.36 $4,249.00 $4,350.44 $4,456.36 $4,564.50 $4,679.43 $4,796.42
Asst. Probation Officer $3,720.55 $3,813.51 $3,905.38 $3,982.64 1 $4,098.01 $4,197.20 $4,302.13
Probation Officer $4,512.68 $4,625.50 $4,730.15 $4,826.93 $4,971.26 $5,092.94 $5,220.27
Court Program $4,963.95 $5,088.05 $5,203.16 $5,309.63 $5,468.40 $5,602.29 $5,742.35
Coordinator
Effective January 1, 2020
**Advancement from one step to the next is annual and on the employee's anniversarx date.
Classification Step 1 1 Step 2 1 Step 3 1 Step 4 1 Step 5 Step 6 Step 7
Probation
Office Tech $3,302.98 $3,436.34 $3,522.24 $3,610.30 $3,700.56 $3,793.07 $3,887.90
Accounting Tech $4,102.08 $4,267.70 $4,368.46 $4,474.35 $4,584.92 $4,696.62 $4,814.04
Administrative Asst. $4,217.91 $4,388.20 $4,492.97 $4,602.36 $4,714.04 $4,832.74 $4,953.56
Asst. Probation Officer $3,785.66 $3,938.51 $4,033.33 $4,133.38 $4,232.27 $4,334.71 $4,443.08
Probation Officer $4,591.66 $4,777.04 $4,885.12 $5,009.63 $5,134.13 $5,259.80 $5,391.29
Court Program $5,050.82 $5,254.75 $5,373.63 $5,510.60 $5,647.56 $5,785.83 $5,930.48
Coordinator
2019-2020 Probation Teamster's Collective Bargaining Agreement Page 47
Attachment A
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Ross McDowell Action Agenda _X_
Public Hearing
Other
DEPARTMENT: Emergency Management EXT: 806
COMMISSION MEETING DATE: October 22,2019 Agenda Item # g (�
Commissioner staff to com tete
BRIEFING DATE: October 7, 2019
BRIEFING PRESENTED BY: Ross McDowell
[] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency:
ITEM:
State Homeland Security Program (SHSP) FY-19 Grant Contract # E20-071 for
$28,383 from Washington State Military Department (EMD) and US Department of
Homeland Security. Performance period is from 9/1/2019 to 8/31/2021.
BACKGROUND:
The Mason County Emergency Management Division is part of Homeland Security
Region 3 (Mason, Lewis, Thurston, Grays Harbor and Pacific Counties). This is an
annual grant received from the US Department of Homeland Security pass-through
Washington State Military Department (EMD) and then to the Homeland Security
Regions. At our Regional level, the funding distribution formula involving a base
amount and population. Mason County has received the yearly SHSP Grant since 2003.
The funding for this grant has increased slightly this year's grant amount is $28,383
(2018- $23,124). The grant fund will provide for secondary power, communications
and support of past SHSP projects.
BUDGET IMPACTS:
Increase 2020 budget revenue for Emergency Management and spending authority for
the grant amount $28.383.
RECOMMENDED ACTION:
Recommend accepting the SHSP FY-19 grant contract # E20-071 and allow the
Emergency Management Manager to sign the contract for Mason County to receive the
funding. Chief Deputy Prosecuting Attorney has approved the contract to form.
ATTACHMENT(S):
Excerpts from Homeland Security Grant Agreement #E20-071
J:\Grant Information\HSGP-SHSP\SHSP 2019\Contract\Commission Agenda Item Summary Template
10-22-2019.doc
Washington State Military Department
HOMELAND SECURITY GRANT PROGRAM AGREEMENT FACE SHEET
1. Subrecipient Name and Address: 2. Grant Agreement Amount: 3. Grant Agreement Number:
Mason County Emergency Management $28,383.00 E20-071
100 West Public Works Drive, Building 1
Shelton,WA 98584-9714
4. Subrecipient Contact, phone/email: 5. Grant Agreement Start Date: 6. Grant Agreement End Date:
Ross McDowell,360-427-9670 Ext.806 September 1,2019 August 31, 2021
rmcdowell@co.mason.wa.us
7. Department Contact, phone/email: 8. Data Universal Numbering System (DUNS): 9. UBI#(state revenue):
John Hollingsworth, 253-512-7044 069580751 232-002-101
john.hollingsworth@mil.wa.gov
10. Funding Authority:
Washington State Military Department(the"Department")and the U.S. Department of Homeland Security(DHS)
11. Federal Funding Identification#: 12. Federal Award Date: 13. Assistance Listings#(formerly CFDA)#&Title:
EMW-2019-SS-00044-S01 08/8/2019 97.067-19HSGP(SHSP)
14. Total Federal Award Amount: 15. Program Index#&OBJ/SUB-OBJ:
$15,581,281 Local: 793SL,793SB,793SQ,793SC, 793SH,793SZ I NZ
State: 793SG,793SS,793SA,793SS,793ST,793SE/NZ
16. Service Districts: 17. Service Area by County(ies): 18. Women/Minority-Owned, State
BY LEGISLATIVE DISTRICTS: 35 Mason Certified: ® N/A ❑ NO
BY CONGRESSIONAL DISTRICTS: 6 ❑ YES, OMWBE#
19. Agreement Classification 20. Contract Type(check all that apply):
❑ Personal Services ❑ Client Services ® Public/Local Gov't ❑ Contract ® Grant ® Agreement
❑ Research/Development ❑ A/E ❑ Other ❑ Intergovernmental (RCW 39.34) ❑ Interagency
21. Subrecipient Selection Process: 22. Subrecipient Type(check all that apply)
® "To all who apply&qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For-Profit
❑ Sole Source ❑ A/E RCW ❑ N/A ® Public Organization/Jurisdiction ❑ Non-Profit
❑ Filed w/OFM? ❑ Advertised? ❑ YES ❑ NO ❑ CONTRACTOR ® SUBRECIPIENT ❑ OTHER
23. PURPOSE&DESCRIPTION:
The purpose of the Federal Fiscal Year(FFY)2019 Homeland Security Grant Program(19HSGP)is to support state,local,tribal, and territorial efforts
to prevent terrorism and other catastrophic events and to prepare the Nation for threats and hazards that pose the greatest risk to the security of the
United States.19HSGP provides funding to implement investments that build,sustain,and deliver the core capabilities essential to achieving the National
Preparedness Goal of a secure and resilient Nation. 19HSGP supports core capabilities across the five mission areas of Prevention, Protection,
Mitigation, Response,and Recovery based on allowable costs.HSGP is comprised of three interconnected grant programs: State Homeland Security
Program (SHSP), Urban Areas Security Initiative (UASI), and Operation Stonegarden (OPSG). Together, these grant programs fund a range of
preparedness activities,including planning,organization,equipment purchase,training,exercises,and management and administration.
The Department is the Recipient and Pass-through Entity of the 19HSGP DHS Award Letter for Grant No. EMW-2019-SS-00044-S01, which is
incorporated in and attached hereto as Attachment 1,and has made a subaward of funds to the Subrecipient pursuant to this Agreement. The
Subrecipient is accountable to the Department for use of Federal award funds provided under this Agreement.The Subrecipient's Work Plan,Timeline,
and Budget for the subaward are detailed in Attachment 2.
IN WITNESS WHEREOF, the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referenced Exhibits and
Attachments which are hereby incorporated in and made a part hereof,and have executed this Agreement as of the date below.This Agreement Face Sheet;
Special Terms&Conditions(Exhibit A);General Terms and Conditions(Exhibit B);Attachments 1 and 2;and all other documents,exhibits and attachments
expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the
parties to this Agreement.No other understandings,oral or otherwise,regarding the subject matter of this Agreement shall be deemed to exist or to bind any
of the parties hereto.
In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order:
1. Applicable Federal and State Statutes and Regulations 4.Special Terms and Conditions
2. DHS/FEMA Award and program documents 5.General Terms and Conditions, and,
3. Work Plan, Timeline, and Budget 6.Other provisions of the Agreement incorporated by reference.
WHEREAS, the parties hereto have executed this Agreement on the day and year last specified below.
FOR THE DEPARTMENT: FOR THE SUBRECIPIENT:
Signature Date Signature Date
Regan Anne Hesse, Chief Financial Officer Ross McDowell, Manager
Washington State Military Department Mason County Emergency Management
BOILERPLATE APPROVED TO FORM: APPROVED AS TO FORM(if applicable):
Brian E. Buchholz, Sr. Assistant Attorney General 9/16/2019
Applicant's Legal Review Date
DHS-FEMA-HSGP-SHSP-FFY19 Page 1 of 39 Mason County, E20-071
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Lisa Frazier Action Agenda x
Public Hearing
Other
DEPARTMENT: Treasurer EXT:
DATE: 10/22/19 Agenda Item # F -7
Commissioner staff to complete)
BRIEFING DATE: 10/14/19
BRIEFING PRESENTED BY: Diane Zoren
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Cancellation of outstanding warrants not presented within one year of their issuance.
Background:
RCW 39.56.040 Cancellation of municipal warrants.
States in part........................ warrants not presented within one year of their issue, shall be
canceled by passage of a resolution of the governing body of the municipal corporation, and
upon notice of the passage of such resolution the auditor of the municipal corporation and the
treasurer of the municipal corporation shall transfer all records of such warrants so as to leave
the funds as if such warrants had never been drawn.
Budget Impacts:
Increase across county fund cash balances totaling $2,882.21
RECOMMENDED ACTION:
Approval of Resolution to Cancel Outstanding Warrants.
Attachment(s):
Resolution —Cancellation of Warrants
RESOLUTION NO.
CANCELLATION OF WARRANTS
WHEREAS,the Mason County Treasurer has submitted as Exhibit A, a listing of county warrants which
are at least one year old and have not been presented for payment;
WHEREAS,the Mason County Treasurer is requesting that said warrants be canceled;
NOW THEREFORE, BE IT RESOLVED by the Board of Mason County Commissioners, pursuant to the
authority given in RCW 39.56.040, that the warrants as listed in Exhibit A, hereto attached be canceled,
and the County Treasurer is hereby authorized to enact the cancellation.
DATED this day of , 2019
BOARD OF MASON COUNTY COMMISSIONERS
ATTEST:
Kevin Shutty, Chair
Melissa Drewry, Clerk of the Board
Sharon Trask, Commissioner
APPROVED AS TO FORM Randy Neatherlin, Commissioner
Tim Whitehead, Deputy Civil Prosecuting Attorney
C: File, Accounting, Treasurer
1
Exhibit A
WARRANT NUMBER DATE AMOUNT PAYEE
8052248 11/14/2017 29.8 Davis, Mitchell Gregory
8052275 11/14/2017 12.14 Rohlik, Marcia G
8052423 11/14/2017 372 Kristen I_ Bishopp
8052557 11/29/2017 3.33 Silva Nelson
8052559 11/29/2017 18.56 Aguilar, Gabrielle Renee
8052596 11/29/2017 23.38 Coleman,Jeffery L
8052646 11/29/2017 99.02 Jones, David Alan
8052649 11/29/2017 23.38 Kenny,Trudy Lynn
8052660 11/29/2017 21.77 Linder, David Peter
8052694 11/29/2017 28.19 Nisbet,Terry Lynn
8052699 11/29/2017 21.24 Panzer, Richard D
8052720 11/29/2017 38.36 Scheider,Jay Christophe
8052746 11/29/2017 24.98 Wilkie, Denise Marie
8052751 11/29/2017 185.19 Zamzow, William C
8053088 12/6/2017 29.8 Mallery, Gary Alan
8053107 12/6/2017 13.75 Owens, Kimberly Linn
8053144 12/6/2017 33.91 Wallace, Matthew Clark
8053310 12/20/2017 13.38 Bloom, Carrington W
8053313 12/20/2017 19.1 Branscome, Eileen Therese
8053341 12/20/2017 28.19 Drewry, Christopher Micha
8053395 12/20/2017 24.98 Mcnearl, Patrick Charles
8053447 12/20/2017 65.31 Strong,Julie
8053627 12/20/2017 23.54 Jeannine K Polaski
8053765 12/28/2017 50.13 Brown,Samantha Ashlei B
8053782 12/28/2017 11.61 Mcdevitt, Deborah Louise
8055101 3/27/2018 13.7 Debra Miles
8055365 4/11/2018 54.69 Chris Smith
8055610 4/24/2018 21.99 Cagey, Alicia Lynn
8055655 4/24/2018 29.08 Evans, Carol Ann
8055687 4/24/2018 18.72 Guy Jerring
8055721 4/24/2018 28.72 Kayleigh Smith
8055800 4/24/2018 220.23 Ridge, Emily R
8055813 4/24/2018 10.55 Sanchez, Ellen
8055814 4/24/2018 13.27 Saunders-Ogg, Samuel Just
8055822 4/24/2018 22.54 Sexton, Damita rowena
8055827 4/24/2018 30.17 Smith, Travis
8055848 4/24/2018 11.64 Tomlinson, Lawrence Ray
8055849 4/24/2018 32.35 Torres,Jennifer Lee
8055962 4/24/2018 40.27 Shannon Mcgregor
2
8056169 5/8/2018 12.73 Borden, Brenda Lee
8056170 5/8/2018 20.36 Bowetmsn, Pamela D
8056228 5/8/2018 18.18 Fusari, Sandor Ray
8056231 5/8/2018 23.63 Gist, Sarah Ann
8056235 5/8/2018 11.64 Greenwood, Sara Faye
8056305 5/8/2018 66.87 Miller, Elizabeth Katheri
8056336 5/8/2018 65.78 Playle, Megan Anne
8056366 5/8/2018 37.25 Sparks, Christopher David
8056375 5/8/2018 12.18 Tallett, Danie Adele
8056381 8/8/2018 36.35 Tommy Taylor
8056434 5/8/2018 448.12 Domingo P Martinez
8056646 5/23/2018 42.89 Costales, Carl Joseph
8056689 5/23/2018 156.28 Rhone, Dorothy K
8056962 6/6/2018 42.7 Vincent Christiancy
8057187 6/20/2018 15.45 Curtis Smith
8057190 6/20/2018 86.3 Angela Humphrey
8057194 6/20/2018 22.54 Troy Henderson
Total: 2882.21
3
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Diane Sheesley, County Engineer Action Agenda
DEPARTMENT: Public Works EXT: 450
COMMISSION MEETING DATE: October 22, 2019 Agenda Item # g
BRIEFING DATE: June 2, 2019 July 15, 2019, August 12, 2019 and
August 26 2019 and October 14 2019
BRIEFING PRESENTED BY: Loretta Swanson and Diane Sheesley
[] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency:
ITEM: WDOT and Mason County Agreements for
Hoodsport Pedestrian crossing facilities on US 101
BACKGROUND:
Mason County Board of Commissioners have requested Public Works work with WSDOT,
as a result of the 2019 Hoodsport Pedestrian Study to request WSDOT install three (3)
sets of solar powered Rapid Flashing Beacons on US 101 in Hoodsport WA for pedestrian
crossing areas.
Public Works has an agreement with WSDOT drafted and if the Commission has no
comments we will move forward with the agreement for WSDOT to install these
facilities, which are beneficial to alert vehicle traffic to yield in areas with heavy
pedestrian traffic.
BUDGET IMPACTS:
WSDOT will purchase and install with the agreement that Public Works will pay all cost
to establish the solar powered beacons, estimated to cost $22,000 and the annual
maintenance, under a Maintenance and Operation Agreement, estimated to cost $500.
RECOMMENDED ACTION:
Recommending the Board approve the following agreement related to the solar powered
rapid beacons on US 101 in Hoodsport at approximately MP 330.73 to 331.95:
1. Authorize the County Engineer to execute the Project Review Reimbursable
Agreement, WSDOT Agreement No. 11440, to reimburse WSDOT for the purchase,
labor, equipment and all associated incidental cost to install three pairs of solar powered
rectangular rapid flashing beacons on US 101 in Hoodsport, WA.
2 .Authorize the County Engineer to execute the Maintenance and Operation Agreement
after equipment is installed to reimburse WSDOT for all future costs association with
yearly preventative maintenance and/or repair/replacement costs due to damage,
vandalism and/or failure of equipment.
Attachment:
1. Agreement
2. Draft 2019 Hoodsport Pedestrian Study
Project Review
Washington State Pro
Department of Transportation Reimbursable Agreement
Project Review Applicant or Local Agency
Reimbursable Mason County Department of Public Works
Agreement
Agreement Number Billing Address
J 1440 100 W. Public Works Drive
Shelton WA 98584
Region Contact Email
Olympic dnsmith@co.mason.wa
Contact Name Contact Phone
David Smith, PE 360-427-9670 ext. 523
Estimated Costs Surety Amount
This estimate is based on the best available information to date and includes
WSDOT's Indirect Cost Rate $
$22,000 ❑✓ Not Applicable
SR MP Project Name
101 331.73 to 331.95 WSDOT Installs of 3-RFB's in Hoodsport
Detailed Description of Work by WSDOT
❑Project Review As a result of the 2019 Hoodsport Pedestrian Study,WSDOT will install three sets of solar powered
Rectangular Rapid Flashing Beacons(RRFB's)on US 101 in Hoodsport,WA. Mason County agrees
❑Inspection to reimburse WSDOT for purchasing the three sets of RRFB's and all associated incidental equipment
❑✓ Other with WSDOT agreeing to absorb the cost of labor and equipment needed to install the RRFB's. Once
(see description of work) installed Mason County,via a Maintenance and Operations(M&O)Agreement, agrees to reimburse
WSDOT for all future costs associated with yearly preventive maintenance and any other repair or
replacement costs such as damage,vandalism,and/or failure of the equipment.
This AGREEMENT is entered into by and between the Washington State Department of Transportation, hereinafter
"WSDOT," and the above named "APPLICANT OR LOCAL AGENCY," hereinafter the"ENTITY;" herein after referred to
individually as the"Party" and collectively as the"Parties."
Recitals
1. The ENTITY has requested WSDOT to perform the above described work, and WSDOT is authorized and willing to
perform the work.
2. The ENTITY is responsible for the costs associated with the work.
NOW THEREFORE, pursuant to the terms, conditions and performances contained herein and/or attached hereto, and by
this reference made a part of this Agreement,
It Is Mutually Agreed to As Follows:
1. GENERAL
1.1 The WSDOT agrees to perform the above described work requested by the ENTITY, using state labor,
equipment and materials.
1.2 To secure payment of the potential costs incurred in the review process, WSDOT requests that a Surety
Amount in the form of Bond,Assignment of Escrow, Certificate of Deposit, Irrevocable Letter of Credit, Check
or Money Order in the amount listed above accompany the endorsed original copy of this Agreement.
1.3 All WSDOT reviews, and/or inspections provided by WSDOT are solely for the benefit of WSDOT and not for
the ENTITY or any other third party.
DOT Form 224-102
Revised 06/2019
2. PAYMENT
2.1 The ENTITY, in consideration of the faithful performance of the work by WSDOT, agrees to reimburse
WSDOT for the actual direct and related indirect costs associated with the work, including WSDOT's current
administrative indirect cost rate.
2.2 The ENTITY agrees to make payment for the work by WSDOT within thirty (30)calendar days from the date
of a state invoice.
2.3 The ENTITY agrees that if it fails to make payment within thirty (30)calendar days of the invoice, the WSDOT
may charge interest in accordance with RCW 43.17.240 and may elect to send the outstanding invoice(s)to
a WSDOT contracted collection agency resulting in the assessment of additional fees and/or penalties.
2.4 Upon payment of all WSDOT invoices by ENTITY, WSDOT will release rights of remaining Surety Amount.
3. INCREASE IN COST
3.1 The Parties agree that the estimated cost of the work may be exceeded by up to twenty-five (25) percent. In
the event costs exceed the estimated costs by more than twenty-five (25) percent the Parties agree to modify
the estimated cost of work by written amendment, signed by both Parties.
4. ASSIGNMENT
4.1 This Agreement, and any claim arising under this Agreement, shall not be assignable or delegable by either
Party, either in whole or in part.
5. INDEMNIFICATION
5.1 The ENTITY shall defend, protect and hold harmless WSDOT, its officers, officials, employees, and/or
agents from and against all claims, suits or actions arising from the negligent acts or omissions of ENTITY,
its officers, officials, employees, assigns, contractors, sub-contractors, tenants, sub-tenants, licensees,
invitees and/or agents while performing under the terms of this Agreement. This defense and indemnity
obligation shall not include such claims, actions, costs, damages, or expenses which may be caused by the
sole negligence of WSDOT, its officers, officials, employees, contractors, sub-contractors and/or agents;
provided, however, that if the claims, suits or actions are caused by or result from the concurrent negligence
of(a)WSDOT, its officers, officials, agents, contractors, sub-contractors or employees and (b)the ENTITY,
its officers, officials, employees, assigns, contractors, sub-contractors, tenants, sub-tenants, licensees,
invitees and/or agents, or involves those actions covered by RCW 4.24.115, this indemnity provision shall be
valid and enforceable only to the extent of the negligence of the ENTITY or its officers, officials, employees,
assigns, contractors, sub-contractors, tenants, sub-tenants, licensees, invitees and/or agents. ENTITY
specifically assumes potential liability for the actions brought by ENTITY'S employees and solely for the
purposes of this indemnification and defense, ENTITY specifically waives any immunity it may be afforded in
connection with such claims under the State industrial insurance law,Title 51 RCW. ENTITY recognizes that
this waiver was the subject of mutual negotiations.
This indemnification and waiver shall survive the termination of this Agreement.
6. AMENDMENT
6.1 This Agreement may be amended by the mutual agreement of the Parties. Such amendments shall not be
binding unless they are in writing and signed by persons authorized to bind each of the Parties.
7. TERMINATION
7.1 Either Party may terminate this Agreement, with or without cause, by providing written notice to the other
of such termination and specifying the effective date thereof at least thirty(30)calendar days before the
effective date of such termination.The ENTITY will reimburse WSDOT for all charges up to the date of
termination.
8. DISPUTES
8.1 The Parties shall work collaboratively to resolve disputes and issues arising out of, or related to this
Agreement. Disagreements shall be resolved promptly and at the lowest level of hierarchy.
DOT Form 224-102
Revised 06/2019
8.2 In the event that a dispute arises under this Agreement which cannot be resolved by the parties as outlined
in Section 8.1, the dispute will be settled in the following manner: Each Party will appoint a member to a
dispute board. The members so appointed will jointly appoint a third member to the dispute board who is
not employed by or affiliated in any way with either Party.The dispute board will evaluate the facts, contract
terms, and applicable statutes and rules and make a determination of the dispute. The determination of the
dispute board will be final and binding on the Parties.Any costs associated with appointing the third member
will be equally shared between the Parties. Each Party shall be responsible for its own costs, including
attorneys fees.
8.3 The Parties agree that any legal action to enforce any right or obligation under this Agreement may only be
brought in Thurston County Superior Court.
9. TERM OF AGREEMENT
9.1 The term of the Agreement shall begin upon the date of execution and shall remain in effect until WSDOT
has completed the above described work and the ENTITY has made full payment, whichever comes last,
unless modified according to Section 6, "AMENDMENT,"above.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date last signed by the
PARTIES below.
REQUESTING ENTITY WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION
By: By:
Printed: Printed:
Title: County Engineer Title:
Date: Date:
TIN or Social Security Number of Requesting Entity:
DOT Form 224-102
Revised 06/2019
Hoodsport P
L .
4
Prepared •y:WSDOT Olympic Region
Multimodal
August 2019
Introduction
Hoodsport is an unincorporated community in Mason County situated near the intersection of US 101
and State Route 119 between Potlatch and Lilliwaup. The seaside community has roughly 400 residents
and is perched on the western shores of the Hood Canal beneath the shadow of the Olympic Mountain
Range that offers beautiful views and public waterfront access. Hoodsport is designated as one of the
three Rural Activity Centers in Mason County, which are small established rural places designated by the
County for special land use policies.
The Port of Hoodsport maintains a Public Beachfront, Pier, 6 slip Dock, Waterfront Park, and Public
Restrooms located in downtown Hoodsport and an 80 Acre Trail Park on State Route 119.Their mission
statement is to 'create, promote and support economic development that supports the r-_,2rvation and
public enjoyment of local, cultural, and natural resources, provides family wage jobs, o,:al services, and
promotes the development of cottage industries,tourism, and family-related acti itis.'
-, Backgrour
The Port of Hoodsport, at their r- _,lar
muting on April 21_�, 2018, had a dis::!_;ssion on
beha'F of con-=r~:ad citizens and business
d
owners aoo:.t traffic concerns affecting the
_ downtown Hoodsport US 101 thoroughfare.
° ndees in ..,1ed the Port of Hoodsport
gin, County Commissioner, County
Engineer, `,VSDOTAssistant Regional
Administrator, WSDOT Multimodal Planning
119 - "• Manager, Washington State Patrol, and local
community citizens and business owners.
Concerns about US 101 in Hoodsport were
originally brought to the attention of the
,. Mason County Commission and Public Works
Department who were contacted by
Hoodsport businesses with concerns regarding
°',�",'n traffic speed and pedestrian safety. Mason
�- County contacted WSDOT which coordinated
,,+ 7r with the Port of Hoodsport to arrange a forum
for working with Mason County, Washington
State Patrol, local business owners, and the
101 public to discuss concerns and potential
solutions. The discussions revolved around the
need for speed calming strategies and
e
pedestrian crosswalk devices.
1
At the time, the absence of traffic data related to the Hoodsport area was discussed, and during the
meeting the community mentioned improvements done in other towns that have similar traffic patterns.
Consensus from community members at the meeting was for drivers to be more aware and to stop for
pedestrians in crosswalks. There is a need to change driver behavior with a conscious reduction of speed
through the highway 101 corridor in Hoodsport. The conclusion was WSDOT would conduct a traffic
speed study as well as a community charrette to look at the problems and build collaborative solutions.
Roadway Context
US 101 is functionally classified as a rural principle arterial that has one lane in each direction through
Hoodsport(Milepost 331.59-332.21).The posted speed within the Hoodsport area reduces from 40 mph
to 30 mph at the northern entrance to town, remains at 30 mph throughout, and then increases to 35
and 45 mph upon exiting the southern end of town. In 2017, US 101 had an Annual.P .�rage Daily Traffic
(AADT) of 5,900 vehicles south of SR 119 and 4,200 vehicles north of SR 119. State Ro_:t-_ 119 had an
AADT of 2,700 vehicles. SR 119 is a gateway to the Olympic National Park.
Crash History'
The section of US 101 through Hoodsport had 25 total crashes between 2014 and 2018. Of t.-,e 25
crashes, 2 resulted in serious injuries; one was intersection related at SR 119 aid US 101 where a vehicle
hit a pedestrian on December 26, 2018. The other was at a drive va,;or: '_-) 101 south of Schoolhouse Hill
Rd where a motorcycle and vehicle collided on 19, 2015. Of the 1_5 total, 5 crashes occurred at the US
101/SR 119 intersection at milepost 331.74. The ro3t common types crashes were vehicles hitting
fixed objects followed by rear end collisions.
Planning Context
The Mason County Transrc t3tion Plan sates that the small urban community of Hoodsport provides a
rare opportunity to crc 3 a walkable, transit orient-�J center in rural Mason County. As the county grows
over time, more of its gr,).,,-h will locate it these small centers as well as in Shelton and its urban growth
area. Mason '':jrty will re' e e awth pre:-s:_res )❑ its rural and resource lands by creating a few
distinct:;-_ piaces, H_),-'sport ir._!uded, where people have more opportunities to use transit and other
alt_r 3cives to driving. T�-e Cou,--, is working to improve the walkability of small community destinations
like r--)dsport specifica' - where r Jclents and tourists alike must navigate US 101 on foot to reach the
many ):_il establishmen`;.
Under Pro_-t -al Solutio- WSDOT has completed the Corridor Sketch Initiative which identifies corridor
performanc- �-)d .s; sses alternative strategies to improve the quality, effectiveness, and efficiency of
the transport6' system.The Corridor Sketch Initiative captures and documents consistent baseline
information about each state transportation corridor to inform future investment decisions.
US 101's completed corridor sketch shows that the corridor passes through rural areas, providing the only
reasonable access to both regional destinations and local communities on the Olympic Peninsula, and
plays a vital role in the corridor's economic and commercial prosperity. The primary land use along the
corridor is undeveloped forestland. Businesses along the corridor are primarily recreational aquaculture
1 Under 23 U.S.Code§409,safety data,reports,surveys,schedules,lists compiled or collected for the purpose of identifying,evaluating,or
planning the safety enhancement of potential crash sites,hazardous roadway conditions,or railway-highway crossings are not subject to
discovery or admitted into evidence in a Federal or State court proceeding or considered for other purposes in any action for damages arising from
any occurrence at a location mentioned or addressed in such reports,surveys,schedules,lists,or data.
2
(oyster, geoduck, etc.) related. The corridor traverses rolling terrain as it passes through the small
communities of Skokomish, Potlatch, Quilcene, Brinnon, Eldon, Lilliwaup, and Hoodsport, as well as
Potlatch State Park and the Skokomish Indian Reservation. The corridor passes the Olympic National Park
and the Olympic National Forest, and crosses over numerous creeks that empty into the Hood Canal.
The corridor sketch for SR 119 shows a primarily rural residential and recreational corridor, providing
access to traffic moving northwest-southeast.The corridor is known locally as Lake Cushman Road.The
corridor serves the Lake Cushman community and recreational area, and provides access into the
Olympic National Forest. The SR 119 corridor also provides access to the multiple campgrounds
surrounding the route.The Hoodsport Visitors Center near the US 101/SR 119 intersection is a key transit
stop. Bicycle and pedestrian use is permitted along both corridors.
Existing Conditions
Streets:The primary roadway serving Hoodsport is US 101, which runs north-south ale Hood Canal.
Commercial activity is located on either side of US 101, making it Hoodsport's 'Main Strep' . The corridor
has 12-foot lanes in each direction with a 2 foot shoulder on either sije, from milepost 331.3?to
milepost 331.72 and larger 5-10 foot shoulders south of the US 101/SR 119 intersection, milepost 331.72
to milepost 331.84. Between milepost 331.84 to the south end or the comm n:ty at milepost 3-32.20, the
shoulders return to 2 feet on either side.
Near Finch Creek, on the north end of Hoodspo c_,munity center, is SR 119, also known as Lake
Cushman Road, which connects with US 101 ata 1-into I-_ - ion. With i,�iii`ed options for people traveling
in and out of Hoodsport, the SR 119 intersection r A; more t of*i than ot;, intersections within the
community. SR 119 is popular f._,- r e-rea*ion and irseas In use a^ popularity during the summer
months.The businesses or 'J� 101 wits Hoodspo" �-e very close to the roadway. Commercial
development is somevrhat constrained L_cause of a s=ep hillside on the west side of US 101 and Hood
Canal on the east side o U� 101.
Transit: M_�,-;r �jit Auth, - -, jMTA) runs wc: pus service on US 101. There are two designated routes
that st�p in Hoodspo,-.. The Rc .t 11 has a scheduled stop on Hwy 119 in front of the Hoodsport Visitors
Ce r and continues u.) 14wy 11 the maintenance office.The Route 8 also has a scheduled stop on
Hwy 1 19 in front of the H:;Asport`. .-itors Center and continues on to Triton Cove State park. Both buses
accept fl a stops at the IBJ. market located on US 101.
Non-Moto,.- d Facilit`- : By and large, the community of Hoodsport lacks dedicated pedestrian and
bicycle facilit -s :_,pt for an approximately 400 foot stretch of sidewalk on the east side of US 101
bordering the v,ater, the state and county roads do not include bike lanes or grade separated sidewalks. A
shoulder of varying width is provided on either side of US 101 and SR 119, delineated by an edge line.
Pedestrians and bicyclists can and do use the shoulder along the highway to get from place to place.
Opportunities for Travel Demand Management strategies like high occupancy commute options, bicycle
and pedestrian friendly facilities, and improving public transportation options should be taken into
consideration as future improvements in the community are considered.
Parking: Free vehicle parking is available in Downtown Hoodsport at a few key locations. The community
has commented that improvements to the corridor must not hinder the limited number of vehicle
parking that is currently available. However, per State law, WSDOT may revise or prohibit parking along
3
US 101, either angle or parallel, if parking becomes a safety or operational issue on the highway.There
are currently no locked bicycle parking or bike rack facilities on state right-of-way.
Open Space:There is one public park along the shoreline directly off of US 101 that is maintained and
operated by the Port of Hoodsport.
Speed Study
Due to the lack of traffic data for Hoodsport, WSDOT
conducted a speed study across from the Independent
Grocers Alliance/Hood Canal Grocery gas station that is
located near the middle of the US 101 corridor going
through Hoodsport. Two hundred forty-six vehicles were
observed traveling northbound, and 275 were observed
travelling southbound. The posted speed limit in this 24 26 28 3c 32 34 36 38 40
area is 30 mph.The minimum recorded speed was 24 -s. i ; 1i1PHj
mph increasing northbound, and 23 mph decreasing _Narthbound S-_`hbound
southbound. The recorded maximum speed was 40 mph increas r,g northbound, and 40 mph A-1-creasing
southbound.The 85`h percentile speed, which means the result .`85 perces: Df all vehicles obs_- ed,
was approximately 32 mph. However, the public has since expre_sed con--t-rns that the traffic counts
occurred when there was existing construction + during slow seas, i rather than peak summer season
when most issues occur.The Port of Hoodsport ,v)uiz 11;,e to see the sp-,ed study conducted either
during the morning, or between Friday and Sund qy aftern_�o.,_ when m;:s, of the congestion occurs.
WSDOT, looking at available data d!- rmined spe,-j studie_ ^nduciJj in May and September of
2015 with similar results.
Charrette
Public engagement is a c-1,,-al comp_)-,2,i`_ Cf any pla,r,.ng project that makes the exchange of
information ` een the Pr,�_: "-am and t:- _:)' eholders throughout the process possible. An
effecti,.e plan must b-2 inform.-_-., by the people who will be most affected by its implementation and aim
to 3--..Arately reflect tCeir values ? d priorities.
For t, _)roject, outreac ) `forts in_,uded a charrette that was led by WSDOT where stakeholders were
present A traffic soluti_; s were explored collaboratively.The charrette was held on May 22, 2019, at
the local il'--.?ry. Eight imunity members, two Port of Hoodsport Commissioners, one Mason County
Commission_r, orJ t of Hoodsport staff member, three Mason County Public Works staff members
and four WSD;_` scaff members attended. WSDOT staff guided members through a brainstorming activity
to gather what they considered the problems they saw and experienced along US 101 in Hoodsport. The
community was then asked to narrow their initial list into the main issues.After main issues were agreed
upon, the group was then asked to suggest possible solutions.
Before closing the Charrette, Loretta Swanson from Mason County asked the group what their number
one priority solution is from the list that was developed below.The group responded that one new
crosswalk would be a good start for the community.
4
Main issue Stakeholder suggestions Planning
level cost
estimate
Lack of a Gateway at north and Construct a gateway to Hoodsport $1,000
south ends of town to slow
traffic/inform traveler they are WSDOTresponse
entering a town Per WSDOT Traffic Manual, 2.20(3) Entrance markers
Lack of a gateway into for unincorporated communities may be considered
Hoodsport, the Olympic for placement on state highway right of way.The
Peninsula and the marker must be located beyond the clear zone if it
Olympic National Park does not meet break-away standards.
- Not enough signage Stakeholder suggestion
and delineation
entering town from the Installation of landscaping and plantings for traffic
north to south direction calming purposes.
SR 119 signage on US
101 needs replacing WSDOTresponse
When the hi wa, -ommunit�"> main street,
outside the c i, the community is responsible for
design, install, m d-,d maintenance of its roadside
vegetation. In at . where there is no curb, all
plantings need to be outside the clear zone as
-mined by VVSDOT.
Stakeholder.5aggestion $570(per
sign)
,dditional installation of"Congestion Ahead" signage
without flashing beacons.
WSDOTresponse
The addition of"Congestion Ahead"signage is being
considered.The relocation of the existing signs to
more effective locations will also be considered.
Main issue Stakeholder suggestion $8,500
Not enough crosswalks New crosswalks at key locations. Discussed locations;
US 101 and N Schoolhouse Hill Road
US 101 mid-block between N Schoolhouse Hill Road
and N Lake Cushman Road
WSDOTresponse
5
- Not enough crosswalks New crosswalk at US 101/Schoolhouse Hill Road is
along US 101 in being planned by WSDOT Traffic. WSDOT Traffic does
Hoodsport not recommend a mid-block crosswalk.
Crosswalks are too far However, a new crosswalk at US 101/Schoolhouse Hill
Road will eliminate some area parking. Per RCW
apart from each other. 46.61.5701.b.iii, a crosswalk has to be twenty feet
It promotes j-walking, away from parking for sight distance.To install a
especially through crosswalk at Schoolhouse Hill Road, a small portion of
middle of town the parking area located in front of M4 Realty, Stottle
(between the existing Winery Tasting Room,and Octopus Garden Jewelry
sidewalks) would be eliminated/shifted to the south.
Main issue Stakeholder suggestion $11,000
Existing crosswalk safety Install rectangular rapid flashing beacons at crosswalks
Too much traffic WSDOTresponse
through town
- Traffic increases in the Solar powered Rectangular Rapid Flash Beacon (RRFB)
summer along with located at th- -rosswalks.WSDOT may work with the
pedestrian activity community !ing is provided.
Hinders the goal of Stakeholders �estion $1,800
having a pedestrian
friendly town Havt flags at c aiks—local businesses are willing
Left turns coming out to share the cost.
of Schoolhouse Hill
Road onto US 101 as WSDOTresponse
weil as US 101 onto SR Local businesses may obtain and install.A permit for
119 are challenging
the posts is required from WSDOT Development
with traffic paired with
'-.ervices.
pedestrians crossing,
especially in the Stakeholder suggestion
summer
- Crosswalk near Real Signage labeled "Stop for Pedestrians, it's the Law"
Estate office is difficult
for northbound WSDOTresponse
vehicles to see WSDOT only uses advanced pedestrian crossing warning signs.
pedestrians crossing Based on experience and federal policy, excessive use of signs is
due to parked cars discouraged because if there is too much signage they lose their
effectiveness and become "background noise" to the driver.
6
Main issue Stakehoidersuggestions $8,400(for
2 solar
Speed limit transitioning and Temporary or permanent radar speed signs permanent
placement of existing speed radar
signs WSDOTresponse
speed
Speed limit Mason County is looking into temporary radar speed signs)
transitioning is sign from the County Sheriff. Local agency or
confusing and causes businesses may obtain and install permanent radar
vehicles to speed speeds signs.A permit for the posts is required from
coming into town WSDOT Development Services.
- Placement/location/ Stakeholder suggestion
visibility of 30 MPH
signs is inefficient Addition of speed limit signs.
Additional speed limit
sign needed WSDOTresponse
An additional speed limit sign has been installed as vehicles enter
the community from the north.
Stakeholdersuggest on
Ir 11 "Conge_ )n P;.ejd" "r_ . _,strians" signage with flashing lights
W` )Trespons
Conge.. i Ahead signage is installed on US 101 entering Hoodsport
from the south. If the lights are constantly flashing, they lose their
effectiveness. Plus there is a significant cost for the lighting
stallation and maintenance.
Stakeholder suggestion
Rumble strips across US 101 to slow traffic or install a roundabout at
US 101 and SR 119
WSDOTresponse
Rumble strips would be a source of noise pollution for surrounding
community and businesses. A roundabout would effectively slow
traffic, but there is no budget for the roundabout design and
installation or potential right-of-way costs.
7
Maln&ue Stakeholoersuggestlon
Lack of available parking Do not interfere with existing parking when installing improvements
- No community public
parking
�r
- J-walking(both locals Parking will be minimally effected by route improvements. However,
and tourists) occurs if a crosswalk is installed a small amount parking area will be
due to lack of parking eliminated due to RCW requirements referred to in response for
options and businesses "Not enough crosswalks". However, per State law, WSDOT may
on both sides of revise or prohibit parking along US 101, either angle or parallel, if
highway parking becomes a safety or operational issue on the highway.
- Backing out of the front
in parking is a challenge
Funding Opportunities
Finding funding is one of the largest hurdles to overcome when it comes to implementing corridor
improvements.As an unincorporated community, Hoodsport is heavily reliant on Mason County, WSDOT,
and grant funding to help them achieve their vision. Below is a list of transportation grants that fund the
types of projects needed in Hoodsport.
❖ Surface Transportation Block Grant Program—Provided by Federal Highway Administration
(FHWA) and administered by Mason County, these grants can be used to fund roadway projects
including the construction of pedestrian and bicycle facilities.
❖ FAST Act Transportation Alternatives Set-Aside Funding—Provided by the FHWA and administered
by Peninsula Regional Transportation Planning Organization, this funding source replaces the
previous Transportation Alternative Program (TAP) to fund projects with multimodal
transportation and access to transit elements.
Regional Mobility Grant Program—Provided by WSDOT,these funds are awarded to local transit
agencies to support projects that improve access to transit and reduce congestion on
Washington's heavily traveled roadways including park-and-ride lots.
❖ Formula Grants for Rural Areas—Provided by the Federal Transit Administration (FTA), these
grants are specifically awarded to rural communities trying to improve public transportation
services.
❖ People for Bikes Community Grant Program—Provided by the non-profit organization, People for
Bikes, these funds are awarded to local agencies and advocacy organizations for bicycle projects
including trails, programs, and other amenities, such as bicycle parking.
❖ Aquatic Lands Enhancement Account—Provided by Washington State Recreation and
Conservation Office (RCO),these funds can be used for the development of a waterfront park
area.
8
Recommendations & Next Steps
The recommendations in this report are based on input from the Port of Hoodsport, Mason County, local
community and business owners, and WSDOT.The aim of these recommendations is to help make
Hoodsport a more vibrant, rural community with a walkable town center that celebrates its close
connection to the water.This report builds on previous work and advances locally identified priorities.
The recommended improvements are to encourage walking and biking trips in the commercial core,
improve access to the waterfront and other community assets,and develop a greater sense of place in
Hoodsport.
Limited parking or the perception of limited parking can discourage activity in the commercial core of
Hoodsport.The purpose of these recommendations is to provide better parking efficiency in Downtown
Hoodsport, encourage high-occupancy commute options, and provide business-supportive amenities for
cyclists.
Making progress on any one of these recommendations or projects will require time, energy, and
coordination from many different players within the community and region. Next steps will include
collaboration between WSDOT, the Port of Hoodsport, and Mason County to seek funding for the
transportation improvements needed in the community.
WSDOT is making arrangements for staff to install a crosswalk at US 101 Schoolhouse Hill Road, and the
work is planned for 2019. Mason County is working with the Sheriff's Department to see if there is a
temporary radar speed feedback sign available. WSDOT is working with the Port of Hoodsport to
implement other recommendations from the charrette.
9
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Loretta Swanson, Director Action Agenda
DEPARTMENT: Public Works EXT: 450
COMMISSION MEETING DATE: October 22, 2019 Agenda Item #
BRIEFING DATE: October 14, 2019
BRIEFING PRESENTED BY: Loretta Swanson and Zach Foster
[] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency:
ITEM: Mason — Kitsap County Household Hazardous Waste Disposal
Interlocal Agreement
BACKGROUND:
Mason County has an interlocal agreement with Kitsap County to allow Mason County
resident disposal of Household Hazardous Waste (HHW) at the Kitsap County HHW Facility
in Bremerton. This agreement expired June 30, 2019 coinciding with the state budget cycle
and the Local Solid Waste Financial Assistance (LSFWA) grant program.
Kitsap County recently forwarded a new agreement which will commence at time of signing,
with an effective date on July 1, 2019, for purposes of cost reimbursement for services. The
new agreement expires June 30, 2021 and may be extended for an additional year.
BUDGET IMPACTS:
The cost of this contract is covered by the tipping fee revenue in Solid Waste Fund #402 and
LSWFA grant funds from Ecology. The interlocal agreement has a maximum annual payment
of$55,000 ($50 per customer x 1,100 customers).
RECOMMENDED ACTION: Recommend the Board execute Interlocal Agreement
between Mason and Kitsap Counties (contract no. KC-495-19) to provide residential
household hazardous waste collection and disposal opportunities.
ATTACHMENT:
1. Draft Interlocal Agreement
Briefing Summary
CONTRACT NO. KC-495-19
INTERLOCAL AGREEMENT
BETWEEN KITSAP COUNTY AND MASON COUNTY TO PROVIDE RESIDENTIAL
HOUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL OPPORTUNITIES
This agreement is executed between Kitsap County ("Kitsap") and Mason County ("Mason") for
the purpose of providing a permanent site with year-round availability for proper disposal of
household hazardous waste ("HHW") to Mason County residents at the Kitsap County
Household Hazardous Waste Collection Facility.
BACKGROUND
WHEREAS, the Kitsap County Moderate Risk Waste ("MRW") Management Plan
(hereinafter the "Plan") was written pursuant to RCW 70.95.220 and adopted by the Kitsap
County Commissioners; and
WHEREAS, Kitsap constructed the HHW Collection Facility (hereinafter "the Facility")
and has operated the Facility since April 18, 1996; and
WHEREAS, the Facility provides year-round availability for the proper disposal of HHW
to Kitsap County residents; and
WHEREAS, HHW disposal is funded through a combination of tipping fees collected at
Olympic View Transfer Station and the Local Solid Waste Financial Assistance Agreement
between the State of Washington Department of Ecology and Kitsap County; and
WHEREAS, Mason residents have utilized the Facility over the past twenty-three (23)
years and desire to continue use of the Facility; and
WHEREAS, Kitsap and Mason share common goals to protect watersheds; protect
groundwater and drinking water quality; provide opportunities for residents to properly dispose
of HHW; educate residents about potential hazards regarding storage of hazardous products;
and
WHEREAS, Kitsap and Mason find it is in the best interest of their citizens and in the
public welfare to enter into an interlocal agreement pursuant to RCW 39.34 regarding these
common goals; and
WHEREAS, Kitsap agrees to provide year-round HHW collection opportunities to Mason
residents for the waste stream set forth in Attachment A, attached hereto; and
WHEREAS, Kitsap agrees to provide year-round HHW collection opportunities to Mason
residents for the fee to Mason set forth below; and
WHEREAS, Kitsap and Mason are authorized to enter into Interlocal Agreements
pursuant to Chapter 39.34 RCW;
NOW THEREFORE, the parties mutually agree as follows:
The recitals are hereby incorporated into the Agreement by this reference.
Kitsap shall make its facility services available to Mason residents according to the terms
of this Interlocal Agreement, and shall serve as the "lead entity" in the ongoing administration
and implementation of this Agreement.
Mason agrees to (a) advertise the expanded opportunities for HHW collection to Mason
residents; and (b) provide Kitsap with Mason specific MRW education materials for distribution
to Mason customers.
Mason agrees to reimburse Kitsap $50.00 per documented Mason customer.
Notwithstanding the preceding, Mason payments are not to exceed $55,000.00 per year (1,100
customers) unless specifically approved in writing in advance.
Kitsap shall submit monthly invoices for collection and disposal services pursuant to this
Agreement to which Kitsap is entitled to compensation. Invoices shall detail the number of
Mason customers who utilized the Facility. Mason shall make payment within thirty (30) days
following receipt of billing. Kitsap shall maintain adequate records to support billings under this
Agreement.
This Agreement shall commence at time of signing, with the effective date on July 1,
2019, for purposes of cost reimbursement for services, and shall extend through June 30, 2021.
The parties may agree to extend this Agreement for an additional year by amendment as set
forth below.
Kitsap may terminate this Agreement whenever Kitsap determines, in its sole discretion,
that such termination is in the best interests of Kitsap County. Termination of this Agreement by
Kitsap at any time during the term, whether for default or convenience, shall not constitute a
breach of this Agreement.
Mason County may terminate this Agreement upon provision of sixty (60) days written
notice to Kitsap, and shall be liable for all actual costs incurred through the termination date
specified in such notice, consistent with the per customer fees prescribed above.
If sufficient funds are not appropriated or allocated for payment under this Agreement for
any future fiscal period by Mason, Kitsap shall not be obligated to provide services after the end
of the current fiscal period.
Mason and Kitsap agree to defend, indemnify and hold harmless each other, at their
sole expense, including attorneys' fees, from and against any and all claims, demands, losses,
damages, liabilities, and expenses of any nature whatsoever, including, but not limited to
personal injury or property damage, arising out of the performance of this Agreement, whether
the demand, loss or claim is due to the negligence of either Mason, or Kitsap, or of their elected
and appointed officials, officers, employees and agents, except for injury or damages caused by
the sole negligence or willful misconduct of either Kitsap or Mason, its elected or appointed
officials, officers, employees or agents.
This Agreement may be amended only upon the written agreement of the parties
executed with the same formalities required for the execution of this Agreement. There will be a
review of per customer costs if an extension is desired.
No separate entity is created by this Agreement and any property purchase under this
Agreement shall be the property of the purchaser.
This Agreement shall be, at a minimum, recorded with the Kitsap County Auditor.
Any notices and payments shall be mailed to:
For Kitsap County: For Mason County:
Kitsap County Public Works Mason County Public Works Department
Solid Waste Division Utilities and Waste Management Division
614 Division Street, MS-27 P.O. Box 578
Port Orchard, Washington 98366 Shelton, Washington 98584
Attn: Patricia Campbell Attn: Loretta Swanson
DATED this day 12019 DATED this day , 2019
BOARD OF COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON KITSAP COUNTY, WASHINGTON
KEVIN SHUTTY, Chair EDWARD E. WOLFE, Chair
SHARON TRASK, Commissioner CHARLOTTE GARRIDO, Commissioner
RANDY NEATHERLIN, Commissioner ROBERT GELDER, Commissioner
ATTEST: ATTEST:
Melissa Drewry, Clerk of the Board Dana Daniels, Clerk of the Board
Approved as to form: Approved as to form by the Kitsap County
Tim Whitehead, Chief DPA Prosecuting Attorney's Office
ATTACHMENT A
A-Fuels
Aerosols
Antifreeze
Auto Batteries
Cleaners
Household Batteries
Latex Paints
Mercury Lamps
Motor Oil
Oil Based Paints
Poisons
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Diane Zoren Action Agenda x
Public Hearing
Other
DEPARTMENT: Support Services EXT: 747
DATE: October 22, 2019 Agenda Item # $. 0
Commissioner staff to complete)
BRIEFING DATE: October 14, 2019
BRIEFING PRESENTED BY: Support Services
( ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Approval to sign a letter to the WRIA 14 Committee with regards to
connecting the Evergreen Mobile Home Park to water and sewer service from the City
of Shelton.
Background: This mobile home park houses approximately 300 low and very low-
income residents and has existing problems with failing septic system and worsening
water quality.
Budget Impacts: None
RECOMMENDED ACTION: Approval to sign a letter to the WRIA 14 Committee with
regards to connecting the Evergreen Mobile Home Park to water and sewer service
from the City of Shelton.
Attachment(s): Letter
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Frank Pinter
DEPARTMENT: Support Services EXT: 747
BRIEFING DATE: October 22, 2019
ITEM: Approval of the Interlocal Agreement with the City of Shelton for lobbying
services
EXECUTIVE SUMMARY: This agreement allows the City and County to secure joint
lobbying for capital requests that benefit both parties. A professional services
agreement for lobbying services will be brought forward at a later date.
BUDGET IMPACTS: $7,800
RECOMMENDED OR REQUESTED ACTION: Approval of the Interlocal Agreement
with the City of Shelton for lobbying services
Briefmg Summary 10/16/2019
INTERLOCAL AGREEMENT FOR LOBBYING SERVICES
THIS INTERLOCAL AGREEMENT FOR LOBBYING SERVICES ("Agreement") is entered into by and between
the City of Shelton, a Washington municipal corporation ("City"),and Mason County, a political
subdivision of the State of Washington ("County")collectively referred to hereinafter as the "Parties".
WHEREAS,the Interlocal Cooperation Act,Chapter 39.34 RCW, provides public agencies may
enter into agreements for joint and cooperative action; and
WHEREAS,the Parties believe that certain capital funding items will enjoy enhanced legislative
visibility for capital funding requests within the respective jurisdictions; and
WHEREAS,this agreement secures joint lobbying for capital requests that benefit both parties
only; and
WHEREAS, any lobbying for policy amendments shall be handled separately and will not be part
of the scope of work in this agreement; and
WHEREAS, County policy priorities shall be handled through a separately negotiated agreement
with a professional lobbyist chosen by the County; and
WHEREAS,the legislative bodies of each respective jurisdiction shall develop capital funding
requests separately and discuss jointly at a meeting scheduled for that purpose in the early fall of each
calendar year; and
NOW,THEREFORE in consideration of the mutual covenants, conditions, promises, and
agreements set forth herein, it is agreed by and between the parties as follows:
1. LOBBYING SERVICES
Contingent upon approval and execution of this Agreement,the City of Shelton and Mason County shall
enter into a professional services agreement to secure effective lobbying services to help secure funding
for capital funding requests.The Board of County Commissioner's Chair and The Shelton City
Manase[Maye�will be the point of contact for lobbying serves under this agreement.
Lobbying Priorities will be determined by the County and the City each proposing and prioritizing items
from the current CEDS List, with the top priority from each "party" becoming the two top priorities for
the lobbyist.
2. PAYMENT
A. The "Parties" shall negotiate a monthly rate for lobbying services. The negotiated rate
will encompass capital project funding for both jurisdictions.
B. Following adoption of this agreement the County and City shall each pay 50%of the cost
for professional lobbying services.
C. All payments shall be made by the City of Shelton. Mason County shall remit their
portion of costs to the City on a monthly basis.
3. TERM AND TERMINATION OF AGREEMENT
A. This Agreement shall become effective upon execution by the Parties and shall continue
in effect unless terminated as provided below.
B. Any Party may withdraw from and terminate participation under this Agreement with
thirty(30) day notice upon the receipt of advance written notice of intent to
withdraw/terminate to the other party. The withdrawing Party shall be responsible for
a proportionate share of applicable costs when termination by either Party becomes
effective.
4. EXTENT OF AGREEMENT/MODIFICATION
This Agreement,together with attachments or addenda, represents the entire and integrated
Agreement between the parties and supersedes all prior negotiation, representation, or
agreement,either written or oral. This Agreement may be modified, amended or added to only
by written instrument properly signed by all participating Parties.
5. SEVERABILITY
A. If a court of competent jurisdiction holds any part,term or provision of the Agreement
to be illegal or invalid, in whole or in part,the validity of the remaining provisions shall
not be affected, and the parties' rights and obligations shall be construed and enforced
as if the Agreement did not contain the particular provision held to be invalid.
B. If any provision of this Agreement is in direct conflict with any statutory provision of the
State of Washington,that provision which may conflict shall be deemed inoperative and
null and void insofar as it may conflict, and shall be deemed modified to conform to
such statutory provision.
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Frank Pinter Action Agenda
Public Hearing X
Other
DEPARTMENT: Support Services EXT: _530
COMMISSION MEETING DATE: 10/08/2019 Agenda Item #���
Commissioner staff o co lete
BRIEFING DATE: 09/30/2019
BRIEFING PRESENTED BY: Frank Pinter
[] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency:
ITEM: Public hearing to consider the sale of parcel: 32127-53-00174, located on E.
Mason Lake Rd., Shelton for $4,000.
BACKGROUND: This parcel was considered surplus to the needs of Mason County via
resolution 33-10 on May 4, 2010.
2019 Assessed Value: $4,275
Current offer: $4,000
As of September 17, 2019 there are no back taxes owed.
On October 16, 2019 the county was notified that the potential buyers are still working
on a feasibility study. It was suggested that the hearing be continued until this study is
complete.
RECOMMENDED ACTION: Approval to continue the hearing to sell parcel 32127-
53-00174 until Tuesday, November 12, 2019.
IAProperty Mng\Property Offers&Negotiations\32127-53-00174-2680 E Mason Lake Rd\hearing
cover.doc
MASON COUNTY
AGENDA ITEM SUMMARY FORM
To: Board of Mason County Commissioners
From: Kell Rowen, Planning Manager Action Agenda ❑
Public Hearing0
Other ❑
Department: Community Services Ext: 286
Date: October 22, 2019 Agenda Item #/0.
(Commissioner Staff
To Complete)
Briefing Date: September 23, 2019
Briefing Presented By: Kell Rowen and Michael MacSems
[ ] Item Was Not Previously Briefed With The Board
Please Provide Explanation Of Urgency
ITEM: Public hearing on October 22, 2019 at 6:15 p.m.to consider amendments to
Title 16.
Background: The planning department is recommending amendments to Title 16—
Plats and Subdivisions, Chapter 16.36 Short Subdivisions, Section 16.36.010 Application
of regulations, for consistency with state law(RCW 58.17.040(8)& (9)).
RECOMMENDED ACTION: Board of County Commissioners shall adopt the revisions
to Mason County Code Title 16 Plats and Subdivisions Code.
Attachment(s):
Ordinance
Title 16 Amendments
10/14/2019
ORDINANCE NUMBER
AMENDMENTTO MASON COUNTY CODE TITLE 16
ORDINANCE amending Mason County Code (MCC) Title 16, Plats and Subdivisions.
WHEREAS, under the authority of Chapter 58.17 RCW, Mason County has authority to
regulate the process by which land is divided; and
WHEREAS, section 58.17.040 RCW provides a list of exemptions that do not apply to the
subdivision process; and
WHEREAS, the MCC Chapter 16.36 Short Subdivisions, section 16.36.010 (b) provides a
similar list of exemptions with two exceptions; and
WHEREAS, the Planning staff proposed to include the two additional exemptions within Title
16 consistent with State law; and
WHEREAS, the Planning Advisory Board conducted a public hearing regarding proposed
amendments to Mason County Code Title 16 Plats and Subdivisions on September 16, 2019
and voted unanimously to recommend approval of said amendments to the Board of County
Commissioners; and
WHEREAS, the Board of County Commissioners conducted a public hearing regarding Mason
County Code Title 16, Plats and Subdivisions on October 22, 2019; and
BE IT HEREBY ORDAINED, the Mason County Board of Commissioners hereby approves and
ADOPTS amendments to the Mason County Code Title 16, Plats and Subdivisions as
described in ATTACHMENT A.
DATED this day of 2019.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
ATTEST:
Kevin Shutty, Chair
Melissa Drewry, Clerk of the Board
Sharon Trask, Commissioner
APPROVED AS TO FORM:
Randy Neatherlin, Commissioner
Tim Whitehead, Chief DPA
z
ATTACHMENT A
16.36.010-Application of regulations.
(a) Every division of land or contiguous land for the purpose of lease, sale or transfer of ownership,
into two or more but fewer than five lots, parcels or tracts within the unincorporated area of Mason
County shall proceed in compliance with this chapter. Contiguous parcels of land in the same
ownership and having boundaries in common shall be presumed to be a single parcel in determining
whether or not the division of land comprises a subdivision.
(b)The provisions of this chapter shall not apply to:
(1) Any cemetery burial plot, while used for that purpose;
(2)Any division of land in which the smallest lot created by the division is five acres or more in area;
(3)Any division made by testamentary provision or the laws of descent;
(4) Any division made in compliance with Chapter 16.20 and Chapter 16.38;
(5) ReservedAny division of land into lots or tracts of less than three acres that is recorded in
accordance with chapter 58.09 RCW and is used or to be used for the purpose of establishing a site
for construction and operation of consumer-owned or investor-owned electric utility facilities in
accordance with 58.17.040 (9) RCW.
(6) Any division of land that can be described by a legal subdivision of a section of not less than
1/128th of a section;
(7)Resev24Any division for the purpose of leasing land for facilities providing personal wireless
services while used for that purpose in accordance with 58.17.040 (8) RCW.
(8) Land divisions of record in the auditor's office on the effective date of this chapter;
(9) Property line adjustments wherein the result does not adversely affect access or reduce the lot
size below the minimum requirements;
(10) Divisions which are solely for use as a private right-of-way;
(11) Divisions of platted lots, which by deed restriction are made a part of an adjoining lot and which
will not permit a separate building site for human occupancy or habitation, provided the divisions
are approved in writing by the administrator on the legal conveyance.
1