Meeting Date: July 24, 2017 Agenda Item No:
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1 Meeting : July 24, 2017 Agenda Item No: Kitsap County Board of Commissioners Office/Department: Human Resources Department Staff Contact & Phone Number: Kate Cummings, Labor Relations Analyst, Agenda Item Title: Memorandum of Understanding (MOU) KC B between Kitsap County, Sheriff s Office and the Kitsap County Corrections Officers Guild for return of a portion of leave lost to Guild employees as a result of a 2012 leave audit. Recommended Action: Move that the Kitsap County Board of Commissioners execute MOU KC B between Kitsap County, Sheriff s Office and the Kitsap County Correction Officers Guild. Summary: The parties, Kitsap County, Sheriff s Office and Corrections Officers Guild, agree, in the interest of equity with a recent settlement between another Sheriff s Office bargaining unit and the County, that the County will return a portion of annual leave, sick leave, and compensatory time lost by employees as a result of the 2012 leave audit. Attachments: 1. Memorandum of Understanding KC B Fiscal Impact for this Specific Action Expenditure required for this specific action: $33,438 (est. dollar value of leave hours returned to employees) Related Revenue for this specific action: None Cost Savings for this specific action: None Net Fiscal Impact: None Source of Funds: General Fiscal Impact for Total Project $33,438 Fiscal Impact (DAS) Review Departmental/Office Review & Coordination Department/Office Elected Official/Department Director Human Resources Department Labor Nancy Buonanno Relations Grennan Contract Number Original Contract or Amendment Approved Contract Information Amount of Original Contract Amendment KC /10/2016 $140,300 KC A 12/12/2016 None $140,300 KC B Pending $33,438 $173,738 Total Amount of Amended Contract
2 A. GENERAL INFORMATION Kitsap County CONTRACT REVIEW SHEET (Chapter 3.56 KCC) 1. Contractor Kitsap County Corrections Officers Guild 2. Purpose Return portion of leave lost to Guild employees in 2012 leave audit. 3. Contract Amount $33,438 Disburse X Receive 4. Contract Term 1/1/ /31/ Contract Administrator Kermit Wooden Phone Approved: Department Director B. AUDITOR ACCOUNTING INFORMATION 1. Contract Control Number KC B 2. Fund Name General 3. Payment from-revenue to CC/Account Nbr Sheriff Various 4. Encumbered By C. AUDITOR'S ACCOUNTING GRANTS REVIEW Signature required only if contract is grant funded 1. Approved Not Approved Reviewer N/A N/A D. ADMINISTRATIVE SERVICES DEPARTMENT RISK MANAGER REVIEW 1. Approved Not Approved Reviewer E. ADMINISTRATIVE SERVICES DEPARTMENT BUDGET MANAGER REVIEW Signature required only if contract is for $50,000 or more, OR it will be signed by board of commissioners (regardless of dollar amount) 1. Approved Not Approved Reviewer F. HUMAN RESOURCES DEPARTMENT HUMAN RESOURCES DIRECTOR REVIEW Signature required only if union or employment contract 1. Approved Not Approved Reviewer G. PROSECUTING ATTORNEY REVIEW 1. Approved as to Form Not Approved as to Form Reviewer H. CERTIFICATION BY CONTRACT ADMINISTRATOR: THIS CONTRACT IS READY FOR CONSIDERATION BY THE AUTHORIZED CONTRACT SIGNER. (For contract signing authority, see KCC ) Contract Administrator: _Kermit Wooden Approved by Authorized Contract Signer: RETURN SIGNED ORIGINALS TO: Kate Cummings, LR, Ext. 4344
3 MEMORANDUM OF UNDERSTANDING By and Between KITSAP COUNTY And KITSAP COUNTY CORRECTIONS OFFICERS GUILD RE: Resolution of 2012 Leave Audit KC B This Memorandum of Understanding is entered into by Kitsap County ( County ) and Kitsap County Corrections Officers Guild ( Guild ). The parties mutually agree as follows: Background In 2012, when a Sheriff s Office employee retired, the Sheriff s Office discovered that his leave was not properly calculated. Upon further investigation, it appeared that other employees leave may not be correct as well. Consequently, the Sheriff s Office looked back three years for all Sheriff s Office employees. The audit revealed that some had been given too much leave, and others not enough. The leave amounts were corrected. On June 12, 2017, the Kitsap County Deputy Sheriffs Guild reached a settlement with the County on terms and conditions to resolve a grievance arising from the correction of leave amounts. That settlement mandated the return of a portion of the leave hours lost to employees as a result of the 2012 leave audit. In the interest of equity for all Sheriff s Office employees, the Guild and County now agree to return a portion of the leave lost to Guild members as a result of the 2012 leave audit under the following terms and conditions: 1. For purposes of this Memorandum of Understanding, the following definitions shall apply: a. Guild member will mean any employee who was a member of the Guild at the time the County undertook the 2012 leave audit and who is still employed with the County as of May 31, This definition excludes any individual who is currently a member of the Sheriff s Office nonrepresented management. b. Total Hours Lost will mean the total hours lost, collectively, by all Guild members as a result of the 2012 leave audit. This number will be KC B 1
4 determined based on information obtained from Kronos and the Leave Database during the 2012 leave audit. c. Total Hours Gained will mean the total hours gained, collectively, by all Guild members as a result of the 2012 leave audit. This number will be determined based on information obtained from Kronos and the Leave Database during the 2012 leave audit. d Pay Rate will mean the top step Corrections Officer wage effective on January 16, e Pay Rate will mean the top step Corrections Officer wage effective on January 9, The County will return a proportion of annual leave and sick leave hours, according to the formula in Section 3 below, to Guild members who lost leave as a result of the 2012 leave audit. 3. The following formula shall be used to calculate the percentage of hours to be returned, collectively, to all Guild members who lost leave as a result of the 2012 leave audit: Percentage of Total Hours to be Returned = ((Total Hours Lost Total Hours Gained) x 2012 Pay Rate) / 2017 Pay Rate 4. Based on the formula in Section 3 of this Memorandum of Understanding, the following percentage of hours will be returned to all Guild members who lost leave as a result of the 2012 leave audit: Annual Leave 34.97% Sick Leave 75.75% For example, if a Guild member lost 10 hours of annual leave and 8 hours of sick leave as a result of the 2012 leave audit, that Guild member would be returned hours of annual leave (10 hrs x 34.97%) and 6.06 hours of sick leave (8 hrs x 75.75%). 5. Guild members who lost leave during the 2012 leave audit but who are no longer employed with the County as of May 31, 2017 shall not be eligible for return of leave hours or any other form of compensation as a result of this Memorandum KC B 2
5 of Understanding. 6. Attachment 1 to this Memorandum of Understanding lists the specific leave amounts to be returned to each impacted Guild member. 7. No Guild member who gained hours as a result of the 2012 leave audit will lose the hours gained or be required to repay the County for hours used. 8. Under no circumstance shall a Guild member receive compensation under this Memorandum of Understanding except in the form of additional leave hours added to their current leave balances. Except as expressly provided in this Memorandum of Understanding, all other terms and conditions of the parties original Contract, and subsequent amendments, addenda or modifications thereto, remain in full force and effect. Except as expressly provided herein, this Memorandum of Understanding shall be effective upon execution by the parties. This Memorandum of Understanding shall be non-citable and non-precedent setting as to any former, current, or future employees. KC B 3
6 KITSAP COUNTY CORRECTIONS OFFICERS GUILD Ken Watkins, President DATED this day of BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON CHARLOTTE GARRIDO, Chair ROBERT GELDER, Commissioner EDWARD E. WOLFE, Commissioner ATTEST: Dana Daniels, Clerk of the Board KC B 4
7 ATTACHMENT 1 Leave Amounts to Return to Guild Members CORRECTIONS GUILD Annual Hours to Return Sick Hours to Return Bezotte, Michael Buzzell, Shawn Campbell, Richard Capurso, Lori Chavez, Gregory 5.26 Coates, Kaecee Coberly, Tina Daniels, Melanie 6.26 Davenport, Frank Decker, Elvia 0.02 Ewert, David Ferguson, David Franke, Darrin Galloway, Robert Gay, Tiffany Gese, Laura Gibson, Tracy 2.80 Gill, James Graf, Michael Haney, Frank Haney, Paul 0.52 Hetzel, Michael Izer, William Janssen, David Johnson, Robert Kearney, David 2.81 King, Kenneth Lewis, William 5.95 Linn, Richard Luna, James 6.06 Mahn, William 6.06 McCluskey, Michael Mezen, Michael Millsap, Andrea Montgomery, Merile KC B 5
8 Norton, Joseph Page, Joseph Petersen, John Proff, Clinton Randall, Jerry Rash, David Rocha, Pascual Rupp, Troy 2.80 Sackman, John Skjordal, Glynn 8.33 Slipper, Shelby Smith, Dereck 8.39 Soria, Cesar Taylor, Jeff Tipton, Mark 2.76 Triggs, Charles 5.61 Tuitasi, Ray Turso, Michael Wakins, Ken 6.06 Webster, Cory Yankey, Brian 6.06 KC B 6
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