SPMA Contract Flashcards
SPMA/SPOG. With regards to joining the Guild, employees have what three options for whom to send their money?
- Join the Seattle Police Officers’ Guild
- Pay an equivalent amount to the Police Charity or other non-religious charity
- Pay an agency fee to the Guild without any membership rights
SPOG/SPMA Who are the official representatives of the Guild empowered to act on behalf of the members for negotiating with the Employer?
SPOG
1. President
2. VP
3. Secretary-Treasurer
SPMA-President
SPOG/SPMA. Who pays for the presidents salary?
SPOG. 78% city. 22% Guild.
SPMA. 100% City
If an SPMA/SPOG member leaves the department and comes back within _____ years, they will return to their same rank and pay.
Two years
What is the work period for Lt?
171 hours in a 28 day period.
When a Lt works overtime, who has final decision that the payment will be cash payment and not additional paid leave?
Bureau Commander. This is only for overtime in excess of 40 hours but less than 90 in a calendar year.
What is the minimum overtime for a Lt when called in?
Two hours mininum.
What is a shift extension for a Lt? For SPOG members?
Lt: 2 hours before a shift or one hour after.
SPOG: 3 hours before or one hour after
For a Lt, are SPDall emails expected to be read when off-duty?
No
Are group 1 and group 2 pages compensated when a Lt reads them?
No.
Can a captain be ordered to be on standby or work overtime?
Yes
Does a captain get overtime or standby pay?
No. They get Executive Leave instead.
How many hours of Executive Leave do captains get a year?
64 hours. Will not carry over to next year. Same rules as vacation apply to its use.
Can acting captains earn flex time?
No. Only perm captains.
How much executive leave can a captain cash out a year? When will it be paid?
16 hours. Must notify dept by July 1 that they want to cash it out. Payment is first payment in August.
When is executive leave given?
January first
How is executive leave given when the promotion to Captain happens during the calendar year?
A prorated amount is given.
Can executive leave be carried over year to year?
No
What is flextime intended for?
Work that is unrelated to a captains primary duty.
How are hours awarded for flex time?
At an hour per hour basis (not 1.5 time)
Who approves the earning of flex time?
Captain’s supervisor
What is the cap on flex time?
200 hours.
Can flex time be sold back?
No
SPMA. What units are authorized for an on-call Lt?
Homicide, CSI, SWAT, ABS, FIT, DV/SAU and Robbery/Gangs.
How can an on-call Lt be authorized?
For those not listed in the contract, short term on call can be authorized. Permanent on-call positions will have to be bargained.
Are personnel files the property of the department or the employee?
The department. Employees can make a written response to anything in their file, and the response will be added to the file.
SPMA. How much of Group Life Insurance does the city and employee pay?
Employee 60%. City 40%
When does a Lt opening generally need to be filled?
Within 60 days.
What is a “short term acting-Lt position?”
One that is less than 120 days.
How often will SPMA and the Dept meet to discuss current acting-LT positions?
Quarterly
Do Lt and Captains get parking?
Yes. The city will provide parking free of charge at their regularly assigned work place.
What are the two categories for Lt/Capt assignments?
- Watch Commander
- All other Lt and all Capt positions.
Where is the initial assignment for newly promoted Lt?
Generally patrol, except in cases of special skill.
How often to watch commanders bid for shifts?
Every two years.
When must watch commander shift bids be made?
By march 1st. Top three choices are sent.
How is bid seniority established?
Time in grade (rank.)
Is the biennial watch commander bid for shifts or precincts?
Shifts only, but can request certain precincts.
Is placement into a specialty unit subject to a grevience?
No
How does a Lt grieve a shift-bid issue?
Through the JLMC.
For the purposes of planning for special events, how long should Lt/Capt shifts be?
No more than 10 hours.
How many holidays to Capt/Lt get?
14 a year
If a LEOFF2 SPMA member is on disability or sick leave, what is marked when a holiday occures?
Holiday
If a LEOFF 1 SPMA member is on disability or sick leave, what is marked when a holiday occurs?
Nothing. The employee loses the holiday.
For SPMAA, what is the minimum vacation allowance to be taken?
1/2 day.
For SPMA, when an employee runs out of sick leave, whose permission is needed to use vacation time in lieu of sick leave?
Chief of Police
Must an SPMA employee use all accrued leave time prior to having an unpaid leave of abscense?
yes, except for FMLA leave.
For SPMAA, if the Dept cancels approved vacation time and the employee has pre-paid travel accommodations, can the employee get reimbursed?
yes. Dept will reimburse.
SPMA. Can SPMA employees be investigated by OPA of someone of a lower rank?
Yes. A conflict-of-interest form must be completed first. If there is a conflict of interest, OIG will conduct the investigation.
What is the LEOFF 1 and 2 separator hiring date?
October 1st, 1977
May SPMA members “buy up” to the SPOG plan?
Yes, by paying the difference between the costsl
What must a SPMA member do prior to retirement to be able to buy into the VEBA?
Give six months notice of retirement and cannot change retirement plans without mutual consent of the dept.
For SPMA, if a family member has an unexpected injury or disability, can release time be granted?
Yes, by Chief of Police as is reasonably necessary to stabilize the situation.
What happens if an SPMA employee is passed over two or more times for promotion?
The employee may request a meeting with the Chief to discuss why.
SPMA. Once requested, when does the pre-grievance meeting occur?
Within 15 days of the request.
SPOG/SPMA. OPA shall provide a copy of the transcript of an interview within how many days?
Same. Five days
Any grievance involving demotion, suspension, disciplinary transfer or termination starts at what step?
Step 3
How long does SPMA have to file a greivance?
30 days from when SPMA knew, or should have known, about the alleged contract violation.
SPMA. How does SPMA request a pre-grievance meeting?
Request sent to employee’s bureau chief within 30 days of the alleged contract violation.
SPOG. No disciplinary action will result from a complaint of misconduct where the complaint is made to OPA more than how long after the date of incident?
4 years, except:
1. In cases of criminal allegations
2. Where the named employee conceals acts of misconduct
3. For a period of 30 days following a final adverse disposition in civil litigation alleging intentional misconduct by an officer
SPMA. No disciplinary action will result from a complaint of misconduct where the complaint is made to OPA more than how long after the date of incident?
5 years, except.
1. Criminal allegation
2. Where the named employee conceals acts of misconduct
3. Dishonesty
4. Type III force.
SPMA. When is the outcome of a pre-grievance meeting due?
15 days after the meeting.
SPMA. What is a summary of the pre-grievance procedures?
Request a Pre-Grievance Meeting by submitting a
written summary of the issue to the employee’s Bureau Chief, within thirty (30) calendar days of the alleged contract violation.
A Pre-Grievance Meeting shall be held within fifteen (15) calendar days of the Association’s submission. The outcome of the Pre-Grievance Meeting shall be reduced to writing by the parties within fifteen (15) calendar days of the meeting.
SPOG. Who has access to closed OPA case files?
SPOG- Only Community Police Commission.
SPMA doesnt have anything
SPMA. What must a step 1 grievance contain?
- Section of the contract violated.
- Detailed explanation of the grievance.
- Remedy sought.
SPMA. Where is a Step 1 grievance sent?
Sworn member of command staff (with copy to bureau chief and City Director of Labor Relations.)
SPMA. What is the time-line to file a step 1 grievance?
Thirty (30) calendar days of the alleged contract violation or,
within fifteen ( 15) calendar days of the written outcome of the Pre-Grievance Meeting if that option was utilized.
SPMA. When is a Step 2 grievance submitted?
15 days after receiving the City’s Step 1 response.
SPMA. Where is a Step 2 grievance sent??
The Step 2 submission shall go to the City Director of Labor Relations with a copy to the Chief of Police, the designated sworn member of the Command Staff, the Police Department Human Resources Director and the Bureau Chiefs
SPMA. Who investigates a Step 2 grievance?
Director of Labor Relations or designeee?
SPMA. How is a Step 2 grievance resolved?
City Labor Relations issues, within 15 days, a finding to the Chief of Police. Chief has 15 days to inform SPMA of the decision.
SPMA. What is Step 3?
If it came from Step 2, it moves into Arbitration.
Otherwise, it is a disciplinary review
SPMA
SPMA. How much time does SPMA have to move a grievance from step 2 to step 3 after a step 2 decision?
Referral to arbitration must occur within 30 days of Step 2’s decision.
SPOG/SPMA What does PERC stand for?
Public Employees Relation Committee
SPOG/SPMA. On indefinite suspensions used for investigative purposes which do not result in termination or reduction of rank, the resultant punishment shall not exceed how many days?
31
SPMA/SPOG. When the guild requests a meeting with the Chief to discuss an indefinite suspension, within how many days shall that meeting occur?
15.
SPMA
SPMA/SPOG Can oral or written reprimands be grieved?
Yes, but not to arbitration/neutral examiner.
SPMA
SPMA. What is a Disciplinary Review?
It is a Step 3 grievance of a suspension, demotion, disciplinary transfer or termination.
SPMA/SPOG. An employee will be precluded from using accrued time balances to satisfy a disciplinary penalty that mandates suspension without pay when the suspension is for how many days?
SPOG. 8 days or more
SPMAA. No limitations.
SPMA
SPMA. When must a Step 3 disciplinary review be filed?
Within 15 days of the discipline imposed.
SPMA
SPMA. Where is a Step 3 disciplinary review sent?
Submitted to the City Director of Labor Relations, with a copy to the Chief of Police, the Police Department Human Resources Director, and the OPA Director requesting a neutral examiner.
SPMA
SPMA. Who pays for an arbitrator/Neutral Examiner for a grievance?
Cost is split between the city and SPMA.
SPMA. How is a non-discipline arbitrator chosen?
The parties will first attempt to agree on an arbitrator. If unable to agree, the parties will request a list of seven (7) arbitrators from the Federal Mediation and Conciliation Service (FMCS).
The parties will alternately strike the list, with the final name remaining serving as arbitrator.
SPMA. When will an arbitrator’s or Neutral Examiner’s decision be made for grievances?
Within 30 days after case is submitted to arbitrator.
SPMA. What happens if an employee or SPMA doesn’t comply with the timelines for grievances?
The grievance will be withdrawn.
SPMA. What happens if the dept doesn’t comply with the timelines for grievances?
SPMA can move the grievance to the next step without waiting for a reply from the dept.
SPMA. Can the timelines for grievances be extended?
Yes, by mutual agreement of both parties.
SPMA. Can an employee use both the grievance procedure and appeal to the Public Safety Civil Service Commission?
No. Must choose one or the other.
SPMA. What constitutes the Investigatory Record for a disciplinary review?
OPA investigative file and OPA Findings.
SPMA. For a disciplinary review, upon receipt of the Investigatory Record, how long does SPMA have to review it and decide if it wants to submit additional information?
30 days. (Can be extended by a request to the OPA director.)
SPMA. After the Chief makes a decision for discipline, how long does SPMA have to file an appeal?
15 days.
SPMA. Does SPMA use an arbitrator or Neutral examiner for discipline appeals?
Neutral Examiner
SPMA. How is a Neutral Examiner for a discipline appeal selected?
Appointed using Law Enforcement Disciplinary Grievance Roster established by State Law
SPMA. For a discipline appeal, what does the neutral examiner review?
- The IR
- Any supplemental submissions
- The Chief’s decision
SPMA. What is the standard of review for the neutral examiner when looking at a discipline review?
Neutral examiner will determine if there was a preponderance of evidence supporting the chief’s decision.
SPMA. When a neutral examiner reviews a disciplinary review and determines there was a preponderance of evidence, can the examiner change the discipline assesed?
No, unless it found the discipline assessed to be arbitrary and capricious.
SPMA. Does a neutral examiner for a discipline review occur before or after the Loudermill?
After.
SPMA. When will the Neutral Review hearing take place?
Both parties will use their best efforts to conduct the hearing within 90 days of the neutral examiner being assigned.
SPMA. Is the Discipline Review hearing public?
Yes, via live-stream, written record or similar means.
SPMA. Can an employee choose to appeal an discipline decision thru both a Neutral Examiner and Public Safety Civil Service Commission?
No. Must choose one or the other.
SPMA. What is the standard of proof used by OPA and the Chief to make disciplinary decisions?
Preponderance of the evidence
SPMA. What is the standard of proof used by OPA and the Chief to make disciplinary decisions based on dishonesty?
Preponderance of the evidence
SPOG. What is the standard of proof used by OPA and the Chief for decisions where the alleged offense is stigmatizing to a law enforcement officer?
Elevated standard of review (higher than preponderance of the evidence.)
SPMA. Who will be the lead OPA investigator when an SPMA member is being investigated?
Any OPA employee.
SPMA. How will minor policy violations, incidents of minor misconduct and work performance be handled?
Assigned for investigation by the chain of command and/or HR.
SPMA. Who will conduct the OPA investigation into an SPMA member when OPA has a possible conflict of interest?
OIG
SPMA. What will the Classification Notice have on it?
- Information sufficient to allow named employee to prepare
- Time and place of alleged wrongdoing
- Procedure to investigate the complaint (OPA or Front Line)
- Good faith identification of the policy violations
SPMA. How is an employee informed of the final OPA finding
By written notification both by email and hand delivered or mailed to residence.
SPOG/SPMA When does the 180 day start date begin?
SPOG.1. Receipt of complaint by OPA
2. Receipt of formal complaint by sworn supervisor
2a. For cases regarding allegations of serious misconduct, as long as supervisor forwards to OPA within 48 hours
2b. For cases less than serious misconduct, the 180 days start with the initial receipt of complaint (e.g.; Performance Appraisal System)
3. For incidents submitted to the Chain of Command via Blue Team, 14 days after the supervisor submits the incident
4. OPA personnel present at the scene of an incident
5. If the Office of Inspector General (IG) is present at the scene of any incident at which OPA is not present
SPMA is much more loosely based.
SPOG/SPMA In cases of criminal conviction, nothing shall prevent the Department from taking disciplinary action within how many days?
45 days for both
SPMA. When can the 180 day deadline for an OPA investigation be extended?
- Complaint involves alleged criminal conduct. The 180 timeline will start when either OPA starts the investigation or receives receipt that criminal investigation is over.
- Failure of dept employee or witness to be available.
SPOG. The Guild will not unreasonably deny an OPA extension request of the 30 day period for furnishing a classification report in what circumstance?
The complaint was not referred by the supervisor to his/her Chain of Command or OPA in a timely manner. Nothing like this in SPMA.
SPMA. When must SPMA respond to a 180 day extension request?
Within seven days. Failure to respond will result in the extension being granted.
SPMA. Doe OPA interviews have to be in person?
No, they can be done remotely.
SPMASPOG What is the timelines for informing an employee of an OPA interview?
SPMAA: Must give at least three days notice and OPA interview cannot be more than 30 days out.
SPOG: 5 days/and 30
SPMA/SPOG Who can be in attendance at an OPA interview?
- Employee
- SPMA rep and/or attorney (no more than two people)
- OPA investigator(s)
- One OPA Command staff member
- Court reporter or stenographer
Same for both.
SPMA. Can OIG attend an OPA interview?
Yes, but only as a neutral observer.
SPMA. For most cases, a sustained finding can be made but no discipline can result from any complaint where the date of incident was four or more years ago. What are the exceptions to discipline being imposed?
- Allegations against the employee that would have constituted a crime
- Employee concealed acts of misconduct
- Dishonesty
- Type III force
SPMA/SPOG. How long will OPA investigative files be maintained?
Sustained: Duration of city employment plus six years.
Not Sustained: 3 years plus current year.
SPOG. An OPA case that reasonably could lead to termination will have a ____ investigator assigned
Sworn. SPMA doesnt have this.
SPOG. For involuntary transfers, the Employer shall provide how much advance notice of said transfer?
One pay period. (SPMA doesn’t say anything.)
SPOG. For involuntary transfers, the transfer notice shall include what information:
All current and anticipated openings for which the employee is qualified
SPOG: A Frontline Investigation Form will include what information?
- Identify the allegation
- Right of the employee to have a Guild representative
- The fact that the statement is voluntary unless the employee requests it be compelled
SPOG: How many days shall a Frontline investigation be completed in?
28 days
SPOG: Acting Sergeants currently on the Sergeant’s promotional roster may serve in OPA to fill a temporary vacancy for up to how long?
3 months
SPOG. Do frontline investigation interviews need to be recorded?
yes
Define: Service Year
The period of time between an employee’s date of hire and the one-year anniversary date of the employee’s date of hire
SPOG: For court appearances, it will be considered a shift extension if the session starts how long before or after the regularly scheduled shift?
2.5 hours
SPOG: Employees have a reasonable expectation of privacy in their assigned lockers and desks. Other than routine inspection, a said area may be entered without prior notice under exigent circumstances, upon the order of what rank?
Lt or above, who is not a Guild member.
SPOG: Justification for entry into an employees locker or desk without prior notice shall be memorialized in writing. Said writing shall be provided to the employee within how many days of the action?
5 days
SPOG/SPMA: Must an employee use accrued vacation before taking an unpaid leave of absence?
Yes, except for FMLA.
SPOG. All disciplinary due process hearings shall be held by the Chief of Police. Provided, however, that if the Chief of Police is absent for ____ business days or more, the hearing may be held before the ____ ____
- Acting Chief. No mention of this in SPMA.
SPOG: What training is required to be offered every year?
First Aid, Firearms, Use of Force
SPOG: Training shall also include two of the which four topics each year, with the other two topics being offered the following year?
- Diversity & Ethics Training
- Emergency Vehicle Operations
- Defensive Tactics
- New Technology
SPOG: If a Frontline investigation is referred to OPA for further investigation, on what date does the 180 day time limit begin?
The date the supervisor opened the Frontline, minus any delay for obtaining a Guild Rep.
SPOG: How much comp time and officers accrue?
Patrol: 27 max
Everyone else: 40 max
SPOG: Except for unusual circumstances, an employee who is to be transferred for 30 days or longer from one unit, shift and/or watch, shall be given notice of how long prior to the effective date of the transfer?
4 Days
SPOG: If an employee wishes to challenge a performance appraisal, how many days do they have to request a meeting with their supervisor?
15 days
SPOG: Upon the completion of a PA challenge meeting with a supervisor, how many days does an employee have to request a meeting with the supervisor’s commanding officer if they wish to push the issue further?
15 days
SPOG: If an employee wishes to challenge a performance appraisal beyond their supervisor’s commanding officer, how many days do they have to submit said request, in writing, to the SPD Director of Human Resources?
15 Days
SPOG: When an employee submits a request to challenge a performance appraisal to the SPD Director of Human Resources, who reviews the PA to address concerns of factual inaccuracy and/or lack of prior notice?
Performance Appraisal System (PAS) Review Board
SPOG: Who shall comprise the Performance Appraisal System (PAS) Review Board?
6 members: 3 selected by the Guild, and 3 selected by the Department. If due to scheduling conflicts the board is unable to meet within one month of an employee’s request for Board review, the Board may consist of 4 members, 2 from each the Guild and the Department.
SPOG/SPMA. If proposed discipline includes suspension, transfer, demotion or discharge, the employee shall be notified of their right to a due process hearing (Loudermill) within how many days?
SPOG. 10 days
SPMA. Not stated
SPOG: In the event an employee is called to work during an authorized vacation, where the vacation has been approved by the Department more than 30 days prior to the callback, the employee has what options regarding pay?
- Receive his/her regular straight time pay for the day and a vacation day
- Be paid at the greater of the minimum call back payment (3 hours) or OT at double time for the actual time worked on callback
SPOG/SPMA. For a due process hearing, does the employee have to present any information or be involved?
No. Can waive it or just be a silent observer.
SPOG/SPMA. If new material facts are revealed during a due process hearing & the case is sent back to OPA, the 180-day period for investigation will be extended by how many days?
60 days.
SPOG. At a disciplinary due process hearing, the employee has the right to be represented by whom?
Guild rep and attorney. No mention of this in SPMA.
SPOG has a 5-day notice regarding receipt of a complaint. Does SPMA have this?
No.
SPMA. Can OPA conduct an OPA investigation while an criminal investigation against the employee is occuring?
Yes, but the 180 timeline runs.
SPMA. If, during the Loudermille hearing, new facts come up that causes the Chief to act contrary to OPA’s recommendation and sends the investigation back to OPA, how long does OPA have to finish the investigation?
60 days (or longer if mutually agreed)
SPMA. When the Chief changes a recommendation finding from OPA, the Chief must state the reason in writing and submit it to whom?
OPA director, Mayor and City Council
SPOG/SPMA: Included in the initial OPA notice will be information about the Rapid Adjudication process. How many days does the employee have to request Rapid Adjudication?`
5 days for both.
SPMA/SPOG If an employee requests Rapid Adjudication, how long does the Chief and OPA have to determine a discipline date range?
10 days.
SPMA. Can Rapid Adjudication finding and discipline be appealed?
No. Once accepted, it is final and binding.
SPOG/SPMA: When OPA initiates the Rapid Adjudication process and informs the employee, how many days does the employee have to accept the proposed discipline, and how do they do so?
5 days, in writing.
SPOG: List the Step 1 Contract Grievance steps
- Employee submits to their Lieutenant within 30 days of the alleged violation
- Lieutenant provides the City’s answer within 15 days
SPOG: List the Step 2 Contract Grievance steps
- Employee submits the grievance to the Guild
- If it elects to do so, the Guild submits to the Chief w/in 15 days after Step 1 answer is due
-Chief shall answer within 15 days
SPOG: List the Step 3 Contract Grievance steps
- Guild forwards to City Director of Labor Relations w/ a copy to Chief of Police w/in 15 days after Step 2 answer is due
- Director of Labor Relations investigates
- Director or the Guild may request a meeting, to occur w/in 15 days of receipt of Step 3 grievance
- Director makes recommendation to Chief of Police
- Chief shall deliver their decision w/in 15 days of either receipt of Step 3 grievance, or 15 days of the meeting
SPOG: List the Step 3 Discipline Grievance steps
- Employee submits grievance to Guild w/in 30 days of final action by the City
- Guild forwards to Department’s Human Resources Director and City Director of Labor Relations, with a copy to the Chief of Police
- Director of Labor Relations investigates
- Director or Guild may request a meeting, to occur w/in 15 days of receipt of Step 3 grievance
- Director makes recommendation to Chief of Police
- Chief shall deliver their decision w/in 15 days of either receipt of Step 3 grievance, or 15 days of the meeting
List the Step 4 Contract Grievance steps
- Grievance referred to arbitration w/in 30 days after Step 3 response is due
-Arbitrator’s decision is due w/in 30 days after submitted to the arbitrator
SPOG: List the Step 4 Discipline Grievance steps
- Grievance referred to arbitration w/in 30 days after Step 3 response is due
-Arbitrator’s decision is due w/in 30 days after submitted to the arbitrator
SPOG: A grievance arbitration hearing shall generally be conducted within how many days?
90 days
SPOG: In the event that safe patrol staffing levels cannot be met during an assigned shift, supervisors may utilize whom to backfill patrol?
Act/cpt
SPOG: A witness employee in a criminal investigation shall be provided written notice prior to being interviewed. Said noticed shall be provided how far in advance of the interview?
Not less than 1 calendar day
SPMA. Who will conduct an EEO investigation?
Member of HR, or in the Dept’s discretion, a civilian employed by the City of Seattle.
SPMA. Who makes up the Joint Labor Management Committee?
3 employees chosen by SPMA and 3 reps of the department chosen by the Chief.
SPMA/SPOG How often will the JLMC meet?
SPMA: On a ad hoc basis at the request of either party.
SPOG: at request of either party, but not less than quarterly.
SPMA. What is the purpose of the JLMC?
To deal with matters of general concern as opposed to individual complaints of employees.
SPMA. When does the BWV premium pay terminate?
Jan 3, 2023
Who can order a routine inspection of lockers or desks?
Bureau Commander
Spog. Who is on the JLMC?
Up ton8 members. 4 front spog, 4 from management.
One is chief or designe. One is city labor relations director. One is SPOG president
When will sergeant vacancies be filled with a permanent sergeant.
Within 60 days
SPOG: who can authorize overtime augmentation to reach safe staffing levels?
Watch commander or pct captain
SPOG: When can an employee be ordered to work both furlough days?
Seafair, civil disorder or national disaster.
SPOG: Who can cancel furlough days or restrict days?
A/C
SPMA. Can captains earn flex time for duties related to their primary assignment?
No. There is no compensation or leave for work related to primary assignment.
What grievance steps are reversible by the city?
SPOG: step 1 within 15 days by the chief.
SPMA: Step 1 and 2. Within 90 days.
SPMA: who appoints the neutral examiner?
PERC
For mediation, what occurs if the complainant first agrees to mediation then changes their mind?
Spog: Complaint will not result in discipline or a record on employees history.
SPMA: Goes back to OPA for investigation and 180 day starts.
How often does OPA have to provide SPMA with a list of named employees and corresponding lead investigator?
Every 6 months
