2014 FOP Memorandum of Understanding

RESOLUTION NO. 2014-Ji_ DECISION SETTLING WAGE IMPASSE WITH THE FRATERNAL ORDER OF POLICE LODGE N0.3 SPONSORED BY COMMISSIONER ARCHER WHEREAS, Shawnee Comity and the Fraternal Order of Police Lodge No. 3 (FOP)

have been in negotiations regarding wages for the 2014 budget year; and WHEREAS, Shawnee County and the FOP reached an impasse in these negotiations and

invoked the impasse resolution procedures required by K.S.A. 75-4332; and WHEREAS, a public hearing was held by the Board of County Commissioners on

March 3, 2014; and WHEREAS, the Board of County Commissioners is required to settle the impasse

pursuant to K.S.A. 75-4332(f); NOW, THEREFORE, The Board of County Commissioners of the County of Shawnee,

Kansas, meeting in regular session this 101h day of March, 2014, does hereby find and resolve as follows: Introduction.

As required by State law, the Board of County Commissioners has reviewed the report of the fact-finder, Chris Miller, and has made a decision regarding the impasse on wages for 2014 for the FOP bargaining unit.

When resolving the impasse, we, the Board of County

Commissioners, are required to take action that we deem to be in the public interest, including the interest of the public employees involved.

K.S.A. 75-4332(ÂŁ).

In order to explain our

decision, we believe that it is important to provide our findings of fact that have led us to our decision.

The Financial Impact o[the 2008 Recession.

The financial impact of the 2008 national recession on state and local governments and their budgets cannot be overstated. (Appendix, Tab 1). By most objective measures, the 2008 recession has been the worst recession since the Great Depression, and the 2008 recession has hit state and local governments particularly hard. Nationally, this recession has caused state and local government revenues to plummet, and those revenues would now have to grow at an annual rate of 8.3% until 2019 to restore state and local government revenues to pre-recession levels.

(App., Tab 2). Furthermore, state and local government employment is now lower than private sector employment relative to the start of the recession. (App., Tab 3).

In Kansas, local governments were not spared.

Approximately seventy-five percent

(75%) of county government revenues are generated by property taxes. Most are familiar with the basic property tax revenue formula: assessed valuation x mill levy = property tax revenue.

Therefore, as assessed property values rise, then property tax revenue also rises without changing the mill levy. In the state of Kansas from 2001 to 2008, assessed property values rose at an average annual rate in excess of 5%. (App., Tab 4). These annual increases provided county governments a stable source of increasing revenues without the need to increase the mill levy.

After the 2008 recession, assessed valuations dropped across the State of Kansas significantly below their pre-recession growth rates: 2009 (-2.60%), 2010 (-2.50%), 2011 (1.75%), and 2012 (1.35%). (App., Tab 4). The decline in assessed valuation after the recession has forced county governments to make hard choices when budgeting: 1) cut spending (services), 2) raise property taxes, and/or 3) spend down savings (known as "reserves").

Shawnee County's experience has been typical of other Kansas counties. From 2003 to 2008, county revenues grew each year although the mill levy generally remained steady. (App., Tab 5). This annual revenue growth allowed the County to provide increased services to the 2

public, annual raises to County employees, and annual increases in its savings/reserves. (App., Tab 5). During this time the County's reserves grew at a steady rate from $3,275,047 at the end of 2003 to $18,504,373 at the end of 2008. (App., Tab 5). Following the recession, County revenues significantly declined. (App., Tab 5). In order to maintain services to the public and to hold property taxes down, the County spent down its reserves.

County reserves fell from

$18,504,373 at the end of 2008 to $13,495,280 at the end of 2009, and then fell again to $6,886,398 at the end of 2010. (App., Tab 5). Following 2013, County reserves had recovered slightly to $8,357,210.

Following the recession, the County has cut spending in most

departmental budgets, has cut spending on social services, and provided no wage increases for most County employees in the 2011 and 2012 budget years-all in an effort to bring County expenditures in line with lower County revenues. County employees were provided raises in the 2013 budget year.

The 2014 Budget.

During the 2014 budget process County Department Heads and Elected Officials were directed to submit budget requests based upon their 2013 budgets. Many of the departmental budget requests were then cut by 5% to 10% in the final 2014 budget. (App., Tab 6). For example, the Shawnee County Parks and Recreation budget was cut by $1,518,104 or 10% from their 2013 budget. In conjunction with the cuts in Parks and Recreation and other departments, no cut was made to the 2014 budget of the Sheriffs Office, and the Office of the District Attorney received a 7.29% budget increase for 2014. These budget priorities were made to emphasize public safety through the 2014 budget. Other hard decisions were made, however.

Allocations to social services and other programs were cut by a total of $980,397 or 16.69% from their 2013 budget. No raises were budgeted for any County employees. As a result of the final2014 budget, County employees were laid off in the following Departments: Audit-Finance, 3

Health Agency, Human Resources, Parks and Recreation, and Register of Deeds. Finally, even though all of these budget cuts and layoffs were made, a 3.984 mill levy increase was still required.

Factors that will negatively atfoct future County budgets.

Once wage increases are approved, they must be built into future annual budgets. Each budget year over half of the County's general fund expenses are related to personnel costs.

These costs increase each year even if wage increases are not provided to County employees.

For example, for each eligible County employee the State requires the County to provide an employer contribution to either KPERS or KP&F (the FOP). In 2003, the County's employer contribution to KPERS was 3.07%. (App., Tab 5). The employer contribution for KPERS has increased each year since 2003, more than doubling its 2003 rate to 8.84% in 2014. With reference specifically to the FOP, the County's annual KP&F contribution has also more than doubled from 10.2% in 2003 to 22.26% in 2014. (App., Tab 5). The County's employer costs for health coverage for its employees steadily increased each budget year from 2008 through 2012, but did decline in 2013.

Since the County pays its employee on a bi-weekly basis, the

County must also be mindful that the 2015 budget year will contain an extra pay period. Based upon 2014 budget year payroll costs, the extra pay period in 2015 is estimated to cost the County an additional $2,141,000.

Effective January 1, 2012, Shawnee County and the City of Topeka agreed to merge all Parks and Recreation facilities and programs into one Department operated by the County. The City and County also agreed that the City would assist the County in financing the operation of the consolidated department. In order to do so, the parties agreed to use the City's $5,011,893 levy for Parks & Recreation as a baseline for the agreement. (App., Tab 7). In 2012, the County received 80% of the 2011 City levy, or $4,009,514. In 2013 the County received 60% of the 4

baseline. Under the agreement, then, the County receives approximately $1,000,000 per budget year less from the City until the City's contribution drops to $0 in 2016.

Pending legislation also cannot be ignored by the County. Senate Bill 298 repeals the Mortgage Registration Tax. This tax created approximately $2,550,000 in revenue for Shawnee County in 2013. House Bill 2614 makes several substantive and procedural changes to the Kansas Court of Tax Appeals. Some of the proposals contained in this legislation will result in lower property tax revenues for counties. It now appears that these two bills will be passed in some form this year. The County must consider the future impact of this specific legislation along with the general legislative trend that has limited revenue sources for counties and has increased unfunded mandates.

Finally, the County must note that virtually no one is predicting a return to the type of revenue growth rates that state and local governments experienced prior to the 2008 recession.

We are now more than five years following the recession, and it is clear that county revenue growth has been much lower and is expected to remain at lower rates for several years. This new reality requires a new approach and a rebalancing of revenues and expenses in future County budgets. The difficult decisions made in the 2014 budget last August resulted in the removal of the "negative outlook" from the County's bond rating. (App., Tab 8). In addition to improving the County's bond rating and lowering its costs to borrow, this recent, independent review of the County's 2014 budget and finances acknowledges the difficult choices that the County has made to "regain structural balance" between revenues and expenditures. This new "normal" of low and negative revenue growth also makes it exceedingly difficult for the County to propose multiyear labor contracts like those that were negotiated during the pre-recession era. When annual revenue growth exceeded 5%, the County could and did negotiate multi-year employee contracts with wage increases for its employees each year. During this same time, the County was also 5

able to substantially increase its reserves and keep its mill levy steady. County revenues since the 2008 recession have made it impossible to negotiate multi-year contracts with employee raises without substantial offsetting cuts in other areas of the budget or substantial increases in the mill levy, or both.

FOP pay history, Wage Comparability, and Turnover.

During the fact-finding and public hearings, the FOP presented the argument that their members' work is dangerous and unique from the work of other County employees; therefore, the FOP is essentially more deserving of wage increases than other County employees. We understand and agree that members of the FOP do face unique circumstances and danger in their work on a daily basis. We, along with all County taxpayers, appreciate the dedication and professionalism of those who work in the Shawnee County Sheriff's Office. Members of the FOP are not the only County employees, however, who face danger in service to the public. In the last twenty years, two County employees of the Public Works Department have died while on duty. Our Corrections Officers also face danger on a daily basis, and in the last five years a Corrections Officer suffered serious injuries when he was thrown by an inmate over a railing and onto a concrete floor several feet below. In 2012, a Parks employee suffered a traumatic leg amputation as a result of a mowing accident. More grim examples can be provided. Literally hundreds of County employees other than just those in the FOP are exposed to daily risk and danger during their work and public service to the taxpayers of this County.

The pay history from 2003 to the present demonstrates that the FOP membership has received better wage increases than all other groups of County employees.

(App., Tab 9).

From 2003 through 2013, the FOP unit received step increase raises each year except 2012, and then received two step increases in 2013. All other County employee groups received no step increase raises in 2011 and 2012. Furthermore, the FOP unit has generally received higher scale 6

change increases than other employee units each year over this same eleven year period. The FOP unit has also received better wage increases than the other two largest units of employeesclassified employees and the Teamsters bargaining unit. (App., Tab 10). The average wage increase for a member of the FOP bargaining unit has far exceeded the Consumer Price Index for the Kansas City, MO Metro area over the same eleven year period. (App., Tab 11 ).

The FOP has presented a comparability study to argue for dramatic wage increases in future County budgets. One major flaw in the FOP's study is the fact that there is no cost of living adjustment made to the wages received by deputies in other jurisdictions, e.g., Johnson and Douglas Counties. The County has reviewed a comparison of 2013 wages provided to deputies in the top eight most populous counties in the State of Kansas, plus the wages provided to City of Topeka Police Officers. (App., Tab 12). The wages of Shawnee County Deputies compare favorably to the average-with or without cost of living adjustments. When cost of living adjustments are made to the comparison, over Shawnee County's twenty year pay plan Shawnee County deputies receive slightly lower than average pay in years 1 through 3, then above average pay in years 4 through 18, and then fall slightly below average in years 19 and 20.

Turnover data can also provide useful information when considering the appropriate wage rate for a group of employees. High turnover in an employee group can mean that wages for that group are too low. Since the first quarter of2009, County employee turnover (separation for any reason, e.g., resignation, retirement, layoff) has averaged 3.9%. (App., Tab 13). During the same time, turnover in the FOP unit has averaged just 1.1 %. The turnover data and County experience to date for the FOP simply does not support the notion that FOP members are woefully underpaid.

7

Decision.

With this background, we, the Board of County Commissioners, are required by law to implement a resolution to the wage impasse between the County and the FOP. Our resolution is limited to one year. Our decision is to remain at a zero scale change and no step increase for the FOP bargaining unit for 2014. Attached to this decision as "Exhibit A" is a one-year contract between Shawnee County and the FOP that contains all contractual provisions that were negotiated and agreed between the parties plus our decision regarding wages for 2014. This document shall serve as the 2014 "contract" between the parties.

BOARD OF COUNTY COMMISSIONERS

ICE

8

Shawnee County DEPARTMENT OF HUMAN RESOURCES

Jon Thummel, Director 200 SE ih, Room 8-28 Topeka,Kansas 66603 Phone: (785) 251-4435 Fax (785) 251-4901, www.snco.us

MEMORANDUM DATE:

March 3, 2014

TO:

Board of County Commissioners

FROM:

Jon Thummel: Director of Human Resources

RE:

2014 FOP Executive Summary

r

We engaged in meet and confer negotiation meetings with the F.O.P. in November and December of 2013. With the exception of Section 12 (wages), all sections of the contract were settled prior to the fact finding meeting held in January of 2014. There are a myriad of small detail changes with corresponding explanations provided within Exhibit A, but summarized below are the significant language changes and additions.

Please let me know if you have any questions.

•

Section 1.4: Definitions A definition section has been added to provide clarification for key terms throughout the contract.

•

Section 4.7: Council

Assignment of President and Chief Steward of the Labor

In the event the President (or President-Elect) and Chief Steward of the Labor Council of the FOP Lodge is a member of the bargaining unit and is assigned to anything other than day shift, the member(s) shall, at the member's request, be assigned to the day shift without regard to seniority for the duration of his/her term of office as long as the reassignment does not adversely impact staffing levels as determined by the Sheriff. The assignment may occur when an opening exists on the shift or at implementation of shift bid. When the employee's term of office with the FOP lodge has ended, that employee may be reassigned to a shift at the Sheriffs discretion until the next shift bid.

Shawnee County DEPARTMENT OF HUMAN RESOURCES Jon Thummel, Director 200 SE th, Room B-28 Topeka,Kansas 66603 Phone: (785) 251-4435 Fax (785) 251-4901, www.snco.us •

Section 10.8: Promotions Promotions shall be made pursuant to the applicable rules of the Civil Service Board adopted by the County Commission at the time this agreement is signed unless agreed otherwise with no contract exceptions.

•

Section 12.2: K-9 Officers K-9 officers shall be paid a maximum payout of a half hour (.5) of overtime per day per dog for the care and maintenance of a department K-9 and other duties unique to the K-9 unit.

•

Section 30.3: Uniforms Upon New Plainclothes Assignment Instead of receiving a one-time payment for a clothing allowance, employees will now present receipts for reimbursement in the amount spent up to the allowed annual amount.

•

Section 30.4: Annual Plainclothes Allowance Instead of receiving a one-time payment for a clothing allowance, employees will now present receipts for reimbursement in the amount spent up to the allowed annual amount.

•

Section 33.2: Discipline Steps/Offenses The steps of progressive discipline will be changed to: 1.

2.

3.

4.

5.

Written Warning Level One; Written Warning Level Two; Written Warning Level Three; Suspension (Not to exceed thirty (30) calendar days); Termination.

Management will be granted one (1) automatic fifteen (15) business day extension upon providing notice to the F.O.P. Chief Stewarc;J or designee prior to the expiration of the initial period allowed to impose discipline.

Shawnee County DEPARTMENT OF HUMAN RESOURCES Jon Thummel, Director 200 SE ih, Room B-28 Topeka, Kansas 66603 Phone: (785) 251-4435 Fax (785) 251-4901, www.snco.us •

Section 43.1: Duration The parties agree in good faith to commence negotiations and have completed their submission of their case to a face finder (if necessary) not later than sixty (60) days prior to the final vote of the County on its budget for the next fiscal year.

Exhibit A MEMORANDUM OF UNDERSTANDING By and Between The Board of County Commissioners of Shawnee County, Kansas

and

Fraternal Order Of Police, Topeka, Lodge No. 3

For Calendar Years

2014

TABLE OF CONTENTS PAGE SECTION 1.0

PURPOSE AND INTENT 1.1 Purpose of Agreement 1.2 Excellence in Service 1.3 Cooperative Relations 1.4 Definitions

3 3 3 3 3

SECTION 2.0

SCOPE OF THE AGREEMENT 2.1 Appropriate Unit 2.2 Agreement Exclusive

9 9 9

SECTION 3.0

NO STRIKES/NO LOCKOUTS 3.1 No Strikes/No Lockouts

11 11

SECTION 4.0

RECOGNITION 4.1 Classifications Covered 4.2 Exclusions 4.3 Employees Authorized to Conduct FOP Business 4.4 FOP Contract Negotiators 4.5 FOP Business During Working Hours 4.6 Conferences 4. 7 Assignment of President and Chief Steward of the Labor Council

13 13 13 13 14 14 14 14

SECTION 5.0

BULLETIN BOARD FOP Bulletin Boards 5.1

15 15

SECTION 6.0

CHECKOFF Checkoff 6.1 Hold Harmless 6.2

17 17 17

SECTION 7.0

MANAGEMENT RIGHTS Rights Retained 7.1 Obligation to Uphold Agreement 7.2 Management Rights 7.3

19 19 19 19

SECTION 8.0

SENIORITY Agency Seniority Defined 8.1 Seniority Non-Accrual 8.2 Rank Seniority/Equal Seniority 8.3 Seniority and Rehire 8.4 Seniority Lists 8.5 Current Lists 8.6 List in Each Section 8.7

21 21 21 21 21 21 22 22

SECTION 9.0

LOSS OF SENIORITY Loss of Seniority 9.1

23 23

FOP

-i-

SECTION 10.0 STAFFING New Hire Probation 10.1 Vacant Positions 10.2 Shift/Squad Bidding 10.3 10.4 Rosters 10.5 Layoff Minimum Staffing 10.6 Competency Assessment Period 10.7 Promotions 10.8 Drug Enforcement Unit 10.9

25 25 25 26 26 27 27 28 28 28

SECTION 11.0 WORK 11.1 11.2 11.3 11.4 11.5

29 29 29 29 29 29

SCHEDULE Schedules Workweek/Work Day Pay Period Breaks Jury Duty

SECTION 12.0 WAGES Wage Scale 12.1 K-9 Officers 12.2 Spanish Proficiency 12.3 Field Training Officer 12.4 Out of Class Pay 12.5 Credit of Previous Years of Experience 12.6

31 31 31 31 31 32 32

SECTION 13.0 OVERTIME Wage Payment 13.1 Overtime Rate 13.2 Overtime Assignment 13.3 Call Back and Court Time 13.4 Call Back Pay 13.5 Call Back Minimums 13.6 Call Back Duty Commencement 13.7 County Owned Vehicle Maintenance 13.8 County Owned Vehicle and Emergency Calls 13.9 13.10 Prisoner Transports 13.11 Overtime Pre-approval 13.12 Workweek

35 35 35 35 35 35 35 36 36 36 36 36 36

SECTION 14.0 TRAINING ASSIGNMENTS 14.1 Training/Conferences Training Notification 14.2

37 37 37

SECTION 15.0 CONFLICTS OF INTEREST 15.1 Outside Employment

39 39

FOP

- ii -

SECTION 16.0 LEAVE 16.1 16.2 16.3 16.4 16.5 16.6

OF ABSENCE Procedure Benefits During LOA FMLA LOA and Outside Employment Shared Leave Trade Days

SECTION 17.0 MILITARY LEAVE Military Leave 17.1 Orders/Pay Stub Required 17.2 Officer Reserves 17.3

41 41 42 42 42 42 42 43 43 . 43 43

SECTION 18.0 VACATION LEAVE New Hire Probationary Period 18.1 Vacation Leave Accrual Rates 18.2 Loss of Vacation 18.3 Vacation and Termination of Employment 18.4 Vacation Schedules 18.5 Vacation Outside of Selection Period 18.6 Vacation Denial 18.7 Death of Employee 18.8 Vacation Pay 18.9 18.10 Personal Leave Day

45 45 45 46 46 46 46 46 47 47 47

SECTION 19.0 HOLIDAY LEAVE Holidays Observed 19.1 Holiday Pay 19.2 Vacations and Holiday 19.3 Holidays and Irregular Weekends 19.4

49 49 49 50 50

SECTION 20.0 SICK LEAVE Accrual Rate 20.1 Sick Leave Pay 20.2 Sick Leave Use 20.3 Sick Leave Reporting Time 20.4 Sick Leav~ Payment 20.5 Sick Leave Physician's Statement 20.6 Immediate Family Definition 20.7 Sick Leave Accrual on Pay Stub 20.8 Sick Leave Bonus 20.9 20.10 Attendance Bonus

51 51 51 51 51 52 52 52 52 52 53

SECTION 21.0 BREAVEMENT LEAVE Leave 21.1 21.2 Pay Outside Employment 21.3 Vacation 21.4

55 55 55 55 55

FOP

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SECTION 22.0 DISABILITY LEAVE 22.1 On the job Injuries 22.2 路Death in the Line of Duty 22.3 Waiver of Use of Accrued Sick Leave 22.4 Outside Employment 22.5 Inability to Perform a Major Life Activity 22.6 Seniority

57 57 57 57 58 58 58

SECTION 23.0 EMERGENCY LEAVE 23.1 Procedure

59 59

SECTION 24.0 COMPENSATORY LEAVE 24.1 Compensatory Maximum Accrual 24.2 Accumulation Rate 24.3 Hours Over Maximum Accrual 24.4 Payment at Separation 24.5 Compensatory Time Noted on Pay Stub

61 61 62 62 62 62

SECTION 25.0 STANDBY STATUS I AND ON CALL STATUS 25.1 Standby Status 25.2 Effectively Restricting Definition 25.3 Standby Pay

63 63 63

SECTION 26.0 SUSPENSION OF LEAVE 26.1 Emergency Declaration

65 65

SECTION 27.0 LEGAL COUNSEL 27.1 Legal Representation Liability 27.2

67 67 67

SECTION 28.0 RETIREMENT 28.1 KP&F 28.2 Retirement 28.3 Service Weapon

69 69 69 69

SECTION 29.0 INSURANCE 29.1 Health Insurance 29.2 Other Insurance

71 71 71

SECTION 30.0 UNIFORMS 30.1 Uniforms Defined 30.2 Footwear 30.3 Uniforms Upon New Plainclothes Assignment 30.4 Annual Plainclothes Allowance

73 73 73 73 74

FOP

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SECTION 31.0 SAFETY AND SANITARY CONDITIONS Facilities 31.1 31.2 First Aid 31.3 Safety Equipment 31.4 Vehicles 31.5 Unsafe Vehicles Vehicle Accidents 31.6 31.7 Body Armor 31.8 Hair Special Assignments 31.9 31.10 Inoculations

75 75 75 75 75 75 76 76 76 76 76

SECTION 32.0 RESIGNATIONS 32.1 Resignation Failure to Give Proper Notice 32.2 32.3 Return of County Property Seniority Broken by Resignation 32.4

77 77 77 77 77

SECTION 33.0 DISCIPLINE PROCEDURE 33.1 Discipline for Just Cause Discipline Steps/Offenses 33.2 33.3 Disciplinary Action

79 79 79 80

SECTION 34.0 GRIEVANCE PROCEDURE 34.1 Grievance Procedure Grievance Contents 34.2 34.3 Time Limits 34.4 Grievance Steps 34.5 Expedited Grievance Procedure

83 83 83 84 84 85

SECTION 35.0 ARBITRATION PROCEDURE 35.1 Arbitration of Grievance and Selection of Arbitrator 35.2 Hearing 35.3 Costs Transcripts 35.4 35.5 Decision of Arbitrator

87 87 87 87 88 88

SECTION 36.0 RESIDENCY 36.1 Residency Requirement

89 89

SECTION 37.0 COURT APPEARANCES 37.1 Court 37.2 Retention of Mileage

91 91 91

SECTION 38.0 SEPARABILTY OF AGREEMENT 38.1 Separability of Agreement

93 93

SECTION 39.0 WAIVER OF BARGAINING DURING AGREEMENT TERM Waiver Of Bargaining During Agreement Term 39.1 - vFOP

95 95

SECTION 40.0 NONDISCRIMINATION CLAUSE 40.1 FOP Nondiscrimination 40.2 County Nondiscrimination SECTION 41.0 DRUG 41.1 41.2 41.3

TESTING Policy and Procedure Identifying and Documenting Reasonable Suspicion Mandatory Testing

SECTION 42.0 BILL OF RIGHTS 42.1 Personal Information 42.2 Right to Examine Personnel File 42.3 Personnel File 42.4 Constitutional Rights/Representation 42.5 Complaint Notification 42.6 Right of Representation 42.7 Reasonable Times 42.8 Insubordination Charge 42.9 Recording of Interview/Interrogation 42.10 Right to Documentation 42.11 Searching of Property 42.12 No Retaliation 42.13 Adverse Information 42.14 Polygraph Test 42.15 Political Activity 42.16 Witness for Corrective or Disciplinary Proceedings 42.17 Psychological or Psychiatric Examination 42.18 Civilian Employees 42.19 Critical Incident SECTION 43.0 DURATION OF AGREEMENT 43.1 Duration

FOP

-vi-

97 97 97 99 99 102 103 105 105 105 105 105 - 106 106 106 106 107 107 107 107 107 108 108 108 109 109 110 111 111

The BOARD OF COUNTY COMMISSIONERS acting for the County of Shawnee, State of Kansas shall be hereinafter referred to as the "County" or the "Employer" and the

FRATERNAL ORDER OF POLICE, TOPEKA, LODGE NO. 3 shall be hereinafter referred to as "F.O.P."

FOP

Page 1

FOP

Page2

SECTION 1.0 PURPOSE AND INTENT 1.1

Purpose of Agreement. The general purpose of this Agreement is to set forth

provisions and conditions of employment, and to promote orderly and peaceful labor relations for the mutual interest of the County, the Sheriff, the officers and the F.O.P. Lodge No.3.

1.2

Excellence in Service. The parties recognize that the interest of the citizens of

Shawnee County and the job security of the officers depends upon Sheriff's Office success in establishing a proper service to the citizens of Shawnee County.

1.3

Cooperative Relations. To these ends, the County, the Sheriff and the F.O.P.

encourage, to the fullest degree, friendly and cooperative relations between their respective representatives at all levels and among all officers.

1.4

Definitions:

ALLOCATION: The assignment of an entire classification to a pay range based on the duties assigned.

ANCILLARY DUTIES:

Duties that are temporary or periodic in nature and

support the primary activity or operations of the Shawnee County Sheriff's Office.

ANNIVERSARY DATE: The date (month and day) an employee is appointed to a permanent position in the class in which he/she is currently employed.

Promotions and demotions shall establish a new anniversary date subject to Union contract provisions.

Anniversary dates are used to establish length of

service, seniority, layoff scores, and effective dates of pay step increases.

FOP

Page 3

APPOINTING head

AUTHORITY~

authorized

by

the

An elected official, or appointed agency/department Board

of

County

Commissioners

to

make

appointments/dismissals of personnel in organizational units under his/her '

charge.

Commonly used to denote both appointed department heads and

elected officials.

BARGAINING UNIT: A group of employees whose positions have been grouped into a classification, or group of classifications, with a commonality of interest, organized and represented by a recognized labor union.

BENEFITS (FRINGE):

Indirect compensation including, but not limited to:

vacation, sick leave, insurance, retirement pension and holidays.

CLASS:

A

grouping of similar positions

having

common

duties and

responsibilities and meeting the same qualifications.

CLASS TITLE: The official position title used for all personnel, budgetary and payroll processes. Working titles may be used for all other purposes.

CLASSIFICATION PLAN: The listing of all classes by standard class titles with compensation ranges, the class specifications, the allocation records and the regulations for administering and maintaining the same.

CLASSIFIED POSITION: A position that has been allocated to a specific class and wage range in accordance with and subject to the Policy Manual and implementing practices.

Employees in classified positions have due process

rights to the position. Classified positions are normally, but not always, management or supervisory positions and are not covered by a County bargaining unit.

FOP

Page4

COMPENSATION: The total amount of salary or wages received by an employee, as per the compensation plan, and any other allowance, or award exclusive of fringe benefits.

COMPENSATORY LEAVE:

Compensatory leave is accrued leave in place of

paid overtime. Compensatory time is accrued at the rate of one and one-half (1.5) times the number of hours worked in lieu of overtime. Compensatory time must be offered and accepted, and the compensatory time form completed and signed

1n

advance

of

working

the

hours.

The

Shawnee

County

Overtime I Compensatory Time Request form is available on the Shawnee County lntraweb, HR Forms page.

DEMOTION:

A change in the assignment of an employee from a position in

one (1) class to a position in another class having a lower salary range.

DISCIPLINE: Any action taken by a management or supervisory person towards an employee with the objective to teach the employee to obey rules or accept authority. Normally discipline is not used for performance issues, but rather used in cases of inappropriate behavior.

ELECTED OFFICIAL: An individual duly elected in a certified Shawnee County election to serve in an official capacity.

FULL-TIME POSITION:

A permanent position requiring two-thousand and

eighty (2,080) hours of work per year on a regular basis.

IN PAY STATUS: Those personnel using accrued vacation, sick leave, shared leave, jury/witness leave, funeral leave, compensatory time, or performing duties for Shawnee County are considered in pay status.

FOP

Page 5

NON-EXEMPT POSITION: An employment position that is required to be paid overtime under the Fair Labor Standards Act. Non-exempt positions are paid an hourly wage.

OUT OF CLASS PAY:

A higher level of compensation resulting from an

employee being required to temporarily perform the work of a classification or position assigned to a higher salary range than that of the employee's regular classification.

POSITION: Any approved employment in Shawnee County service that requires the full or part-time employment of one (1) person; or stated in another manner, a position is a collection of duties and responsibilities assigned by competent authority to one (1) person. The Board of County Commissioners must approve employment positions.

PROBATIONARY PERIOD: The time an employee is subjected to testing, trial or evaluation to determine ability for a position.

Probationary periods can be

associated with a new hire or a promotion.

PROMOTION: A change in the assignment of an employee from a position in one (1) class to a position in another class having a higher wage range.

RANGE (WAGE): The range of compensation for a specific occupational class, from entrance step to maximum step, signified by a numerical designation.

RECALL: The procedure by which laid-off employees are called back to work.

STATUS: An employee's status may be permanent, temporary, or intermittent, regular or probationary; full or part time.

STEP INCREASE: Longevity advancements within a wage/salary schedule, normally given on an annual basis on an employee's anniversary date.

FOP

Page 6

TRANSFER: The reassignment of an employee from a position of one (1) class to a position in the same or another class in a different department having the same salary range.

UNION: A group of employees that have formed a collective bargaining unit.

FOP

Page 7

FOP

Page 8

SECTION 2.0 SCOPE OF THE AGREEMENT 2.1

Appropriate Unit. This Agreement relates only to the officers of the Shawnee

County Sheriff's Office and the appropriate bargaining unit

2.2

~s

defined in this Agreement.

Agreement Exclusive. This Agreement shall constitute the complete, sole and

exclusive Agreement between the parties covering Employee-Employer relations, provided however that any County resolution or policy regarding personnel other than that contained in this Agreement that does not conflict with this Agreement shall remain in full force and effect regarding this collective bargaining unit. No new or modification of County resolution or policy implemented after the effective date of this Agreement will be of any force or effect during the contract term unless the parties agree to its applicability. The County and F.O.P. agree to continue existing employee benefits and practices which relate to working conditions or the collective bargaining relationship, and which practices are unequivocal, clearly enunciated and acted upon, and readily ascertainable over a reasonable period of time as a fixed, established and accepted 路 practice by both parties, even though such practices are not specifically referred to in this Agreement; provided, that continuance of any such benefit shall be consistent with the management's ability to conduct business as stated herein. The parties agree that for the purpose of this agreement, authority to bargain for health insurance and related benefits will be delegated to the F.O.P. representative on the insurance committee.

Because the County is self-insured for health insurance benefits, if the Board of Shawnee County Commissioners deems it no longer necessary to maintain the insurance committee, the bargaining unit will receive the standard benefit afforded all Shawnee County employees.

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SECTION 3.0 NO STRIKES/NO LOCKOUTS 3.1

No Strikes/No Lockouts. It is understood that the services performed by County

officers are essential to the public health, safety and welfare of the County. During the term of this Agreement, officers will not engage in a strike, work stoppage, slowdown, sit-in, sick-out or other interference with the County's operations. Likewise, the County agrees that during the term of this Agreement, there shall be no lockouts.

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SECTION 4.0 RECOGNITION 4.1

Classifications Covered. The Public Employees Relation Board had certified the

F.O.P. Lodge No. 3 as the exclusive bargaining agent for all officers listed in the following classifications: Deputies Corporals Detectives Sergeants

4.2

Exclusions.

The following job classifications shall be excluded from the

bargaining unit: Sheriff Undersheriff Major Captains Lieutenants Office Assistant I, II Ill, Special Deputy Account Clerk I, IIIII Mechanics All Other Non-Civil Service Employees

4.3

Employees Authorized to Conduct FOP Business.

Within thirty (30) calendar

days from the effective date of this Agreement, the F.O.P. President will communicate, in writing, to the Sheriff and the County's Director of Human Resources the names of seven (7) members of the bargaining unit who are authorized to conduct F.O.P. business. Each of these individuals may conduct F.O.P. business during their regular working hours, provided it does not interfere with normal operations of the Sheriff's Office. All subsequent appointments and/or removals will likewise be communicated in writing within ten (10) business days.

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4.4

FOP Contract Negotiators. Prior to the commencement of the negotiations for

the next collective bargaining Agreement, the F.O.P. President will communicate in writing to the Sheriff and the County's Director of Human Resources the names of five (5) members of the bargaining unit who shall serve as contract negotiators.

Such

negotiators shall be paid for all time spent in negotiations, not to exceed forty (40) hours per week.

4.5

FOP Business During Working Hours.

Any officer who holds an office with

F.O.P. Lodge No. 3 shall be allowed to attend Lodge meetings, conduct FOP business and serve as contract negotiators while on duty and shall be paid for their time in attendance provided such duties do not interfere with the normal operations of the Sheriff's office.

When employees are conducting FOP business while on duty, they

shall notify a non bargaining unit supervisor.

4.6

Conferences. Two (2) bargaining unit members shall be assured paid leave to

attend the following Lodge conferences:

4.7

a.

State Conference

b.

State Board

c.

National FOP Conference

Assignment of President and Chief Steward of the Labor Council.

In the event

the President (or President-Elect) and Chief Steward of the Labor Council of the FOP Lodge is a member of the bargaining unit and is assigned to anything other than day shift, the member(s) shall, at the member's request, be assigned to the day shift without regard to seniority for the duration of his/her term of office as long as the reassignment does not adversely impact staffing levels as determined by the Sheriff. The assignment may occur when an opening exists on the shift or at implementation of shift bid. When the employee's term of office with the FOP lodge has ended, that employee may be reassigned to a shift at the Sheriff's discretion until the next shift bid.

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SECTION 5.0 BULLETIN BOARD 5.1

FOP Bulletin Boards.

The County will provide bulletin boards for use by the

F.O.P. at the Sheriff's main office and all substations. Bulletin boards are to be used by the F.O.P. for notices of F.O.P. business and events.

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SECTION 6.0 CHECKOFF 6.1

Checkoff.

The County agrees to deduct the F.O.P. membership dues each

month from the pay of those officers who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the County on the F.O.P.'s official checkoff authorization form and the aggregate deductions of all officers shall be remitted together with an itemized statement to the F.O.P. within ten (1 0) business days after close of the payroll period wherein such deductions were made. The officer may withdraw such authority only in writing and only within the time limits set out in the official checkoff authorization form.

6.2

Hold Harmless.

The F.O.P. shall indemnify and save the County harmless

against any and all claims, demands, suits, orders, judgments or other forms of liability that shall arise out of, or by reasons of, action properly taken or properly not taken by employer under this Section, dealing with checkoff, including but not limited to indemnification in the following instances: a.

In the event the provisions of this action are successfully challenged in a

court or an administrative body and it is determined that the County must pay such sums as have been deducted from earnings in accordance with the provisions hereof or any other damages, the F.O.P. agrees to indemnify the County in full, including any and all cost or interest which may be a part of such order or judgment, for all sums which the County has been determined to be liable. b.

In the event an action is brought by any party (other than the County)

challenging the validity of the provisions of this Section or any deductions from earnings made pursuant thereto, in which the County is named as the defendant, the F.O.P. agrees that it will indemnify the County in full for reasonable attorney fees necessary to defend the interests of the County as a defendant in such action.

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SECTION 7.0 MANAGEMENT RIGHTS 7.1

Rights Retained.

The Employer possesses the sole right to operate County

government and all management rights repose in it, subject only to the provisions of this Agreement and applicable law.

It is agreed that, except as specifically delegated,

abridged, granted or modified by this Agreement or applicable law, all of the rights, powers and authority the County had prior to the signing of this Agreement are retained by the County and remain the exclusive right of management.

It is understood and

agreed that the County does not have the right to unilaterally change any term or condition of employment regardless of whether that term or condition is specifically set out in the Agreement.

7.2

Obligation to Uphold Agreement. Neither the County nor the F.O.P., through their

officers, members, representatives, agents or committees; shall engage in any subterfuge of any kind for the purpose of defeating or evading the terms or intent of this Agreement.

7.3

Management Rights. The parties to this Agreement recognize that specific areas

of responsibility must be reserved to management if the public service mission of the County is to function effectively and efficiently.

Unless specifically modified by any

subsection of this Agreement, Management reserves the right to: a.

Direct the work of the officer;

b.

Hire, promote, transfer, assign, retain and recall officers in positions within

the public agency; c.

Maintain the effectiveness, productivity and efficiency of governmental

operations; d.

Discipline, suspend, demote and/or discharge officers for just cause,

subject to grievance and arbitration procedures included within this Agreement; e.

Take action as may be necessary to carry out the mission of the agency in

emergencies;

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f.

Determine the methods, schedules, means and personnel by which

operations are to be carried on.

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SECTION 8.0 SENIORITY 8.1

Agency Seniority Defined.

Agency seniority within the Sheriff's Office is

determined by the date of hire by the Shawnee County Sheriff's Office as a civil service deputy to a full time position.

8.2

Seniority Non-Accrual. Seniority will not accrue during periods of non-full-time

employment with the County.

8.3

Rank Seniority/Equal Seniority. Rank or time in grade seniority is defined as the

date of an officer's most recent assignment to rank.

If two (2) or more officers are

promoted on the same day, rank seniority will be determined by date of hire. Seniority shall be determined by lot in each instance when date of hire seniority is an issue. The term seniority, when used in this agreement, shall refer to rank seniority, unless specifically stated otherwise.

8.4

Seniority and Rehire.

In the case of rehiring a former officer, the officer's

previous date of hire on a full-time basis to a bargaining unit position shall be recognized as agency seniority, provided the officer has applied for re-employment within ninety (90) calendar days of separation from employment and is rehired under the provisions of the Civil Service rules and regulations, and time away from employment with the agency is deducted.

If the officer has not applied for re-employment within

ninety (90) calendar days of separation from employment, seniority will by broken by resignation and if subsequently rehired, Section 32.4 will apply in calculating seniority allocation.

8.5

Seniority Lists. An agency seniority list will be furnished by the County to the

F.O.P. and posted on the F.O.P. bulletin board on June 1 of each year and revised each thirty (30) calendar days as necessary to keep current while this Agreement is in effect.

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The seniority list shall show the names, job titles or rank and the date of hire of all officers in order of their seniority.

8.6

Current Lists. Time in grade or "rank" seniority lists shall also be furnished by the

County to the F.O.P. on June 1 of each year and shall be revised each thirty (30) calendar days as necessary to keep current during the term of this Agreement. This list shall reflect the names, job titles, rank of each officer and the date of rank assignment in order of their assignment within each rank.

8.7

List in Each Section. A list of officers within each section shall be furnished by

the County to the F.O.P. and posted on the F.O.P. bulletin board within each section on June 1 of each year and revised each thirty (30) calendar days as necessary to keep current during the term of the Agreement. The list shall reflect the date each officer within each section was assigned to the section in order of their assignment to the section with the rank of each officer.

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SECTION 9.0 LOSS OF SENIORITY 9.1

Loss of Seniority. An officer's seniority shall terminate and be forfeited upon the

officer's separation from employment for whatever reason, including retirement, subject to reinstatement as otherwise provided in Section 8.4.

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SECTION 10.0 STAFFING 10.1

New Hire Probation. A newly-hired officer shall be on probation for eighteen (18)

months. During the probationary period, employment may be terminated without cause.

An officer is on permanent status after successful completion of the probationary period.

Any absence in excess of twenty-one (21) consecutive calendar days will not count toward the officer's probationary period.

10.2

Vacant Positions/Assignments. With the exception of subsections (b) and (c) of

this section, all vacant positions in the patrol, warrants, process, and court security units shall be filled on a strictly seniority bid basis. All other vacant positions/assignments shall be filled by the Sheriff at the recommendation of the selection committee as described below in subsection (a). The selection committee shall submit a ranked list to the Sheriff. The Sheriff shall fill the vacant position with one of the top three names provided. The candidate's ranking will be provided if requested to the candidate. All vacancies shall be posted throughout the agency for fourteen (14) calendar days and shall be filled within thirty (30) calendar days thereafter. a.

On the closing date of a posting not in patrol, warrants, process, or court

security, the Sheriff shall direct the selection committee to convene for interviews. The selection committee shall consist of the Sheriff or his/her designee, the division commander over the section where the vacancy exists, or his/her designee, and one other person designated by the Sheriff or his/her designee. The Chief Steward of the SNSO bargaining unit, or his/her designee, shall be allowed to sit in during the interviews conducted by the selection committee and observe the selection process.

The Chief Steward, or his/her designee will not participate in scoring the interviewee.

The selection committee shall consider the applicant's seniority, experience, training, education, and ability to perform the position for which application was made in making the selection to fill the vacant position. Ancillary duties may be assigned to any qualified Bargaining Unit member at the Sheriff's discretion.

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b.

Officers on probation may be temporarily assigned to any position that the

Sheriff deems necessary to facilitate the training process. c.

Vacant positions that are filled by officers on probation and therefore not

made available for contractual bid shall be made available and posted for bid in accordance with this section when the probationary officer filling the position attains permanent status, unless the now permanent officer vacates the position and it is filled with another officer on probation. d.

Promotions to Detective. The Employer shall appoint employees to the

rank of Detective pursuant to the procedure outlined in paragraph (a) of this subsection.

10.3

Shift/Squad Bidding. All officers, except probationary officers, covered by this

Agreement will be allowed to bid for shift and squad assignments and will be assigned to the respective shift and squad on a bid basis considering their "rank" seniority within the time limits specified above.

Rosters listing the number of positions per rank

available on each shift will be posted no later than March 1, July 1 and November 1 of each year.

Bidding for shift assignments will be held on March 15, July 15 and

November 15 unless a vacancy is created as a result of a newly created position, termination, death, resignation or promotion. In that event, bids shall be made within five (5) business days from the date posted. Each shift assignment schedule shall be posted by April 1, August 1 and December 1 of each year, identifying the shift assignments for each officer. The shift assignment shall become effective on May 1, September 1 and January 1 of each year.

Officers who are unable to bid at the

appointed time because of sick leave, vacation leave or other valid reasons will be given the opportunity to bid for shift preference. The Sheriff, or his or her designee, shall have the right to alter or modify shift assignments temporarily, for a period not to exceed thirty (30) calendar days, in the case of emergencies or manpower shortages not caused by management. Work hours shall not be adjusted to avoid the payment of overtime.

10.4

Rosters.

Within thirty (30) calendar days from the effective date of this

Agreement, the Sheriff shall provide to the F.O.P. representative designated as the

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Chief Steward (in accordance with Section 4.3 hereof), the County's Director of Human Resources a roster of all employment positions within the Sheriff's Office and the classification budgeted therefore with the name of the person then filling the position.

Such permanent changes as occur in said roster shall be likewise provided by the Sheriff within ten (1 0) business days.

10.5

Layoff. Layoff shall be defined as a reduction of staff that the Sheriff may deem

necessary for the efficient and economical operation of the agency. Before a layoff may occur, the Sheriff shall furnish the F.O.P. with a list of the proposed changes and the reason(s) for such changes at least thirty (30) calendar days in advance.

Officers

selected for layoff may exercise their agency seniority to replace a less senior officer in any equal or lower rank not affected by the layoff. If not immediately qualified, such officer shall be provided a training period of at least six (6) months. All officers shall be offered their former position I rank as it becomes available in inverse order of the layoff.

Officers on layoff shall furnish the Sheriff's Office with a current home address and telephone number, if changed, after the layoff. a.

Any officer, who has his/her primary position, job, or classification

eliminated, shall be allowed to exercise their seniority to bump into any position for which the officer possesses the seniority, experience, qualifications, and fitness, except that any officer can use their seniority to bump into patrol, warrants, process, or court security. Any officer(s) who are displaced as a result of this subsection shall be offered their previous primary position, job or classification if or when it becomes available.

10.6

Minimum Staffing.

In the interest of the public, as well as officer safety, the

following minimum staffing levels will be followed: first, second and third shift patrol shall have no less than five (5) officers on duty (not counting officers in the F.T.O. Program or reserve officers), including supervision.

Any time that staffing goes below the mandatory minimum staffing more than two (2) hours before the end of a shift, the division captain or his/her designee shall assign

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officers to work to meet the mandatory minimum levels. The officers who are assigned to work will be paid according to Section 13.0 of this Agreement.

10.7

Competency Assessment Period. Any officer placed into a new duty assignment

shall be provided a one (1) year competency assessment period during which he/she may be removed for just cause.

10.8

Promotions. Promotions shall be made pursuant to the applicable rules of the

Civil Service Board adopted by the County Commission at the time this agreement is signed unless agreed otherwise.

10.9

Drug Enforcement Unit. The duration of assignments to the Drug Enforcement

Unit will be made at the discretion of the Sheriff.

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SECTION 11.0 WORK SCHEDULE 11.1

Schedules.

The determination of starting times and work schedules shall be

made by the Sheriff or designee. In the event of any change in work schedule, at least seven (7) calendar days written advance notice of such change shall be posted and sent to the officer whose schedule is changed and the officer shall be given at least seven (7) hours off between the beginning and ending of the shifts. Shift change shall not be made for disciplinary reasons. Such seven (7) day written notice may be waived if signed by the officer.

11 .2

Workweek/Work Day.

For the purpose of this Agreement, a workweek shall

consist offorty (40) hours worked on consecutive calendar days except for personnel who may be assigned by the Sheriff to work on alternative work schedules. A normal workday for all personnel shall consist of eight (8) hours, including the thirty-five (35) minute meal period. Nothing herein shall limit the right of the Sheriff, or designee, to prescribe alternative work schedules provided reasonable written notice is given to the officer so assigned.

11.3

Pay Period.

For the purpose of this Agreement, a pay period shall consist of

fourteen (14) calendar days.

11.4

Breaks. All officers working a normal eight (8) hour work day shall receive two

(2) fifteen (15) minute rest periods per shift and a thirty-five (35) minute meal period

during the eight hour shift and shall not be used in conjunction with each other. Both rest periods and the meal period shall be paid time.

11.5

Jury Duty. Any officer so called will be granted leave for required jury duty. Any

officer not normally assigned to first shift will be assigned on a temporary basis to first shift for the duration of required jury duty. The pay for the jury duty shall be turned over to the County and the officer on jury duty shall receive pay while on jury duty for the FOP

Page 29

scheduled hours normally worked. All hours normally worked by an officer while on jury duty shall be counted as time worked for purposes of overtime.

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SECTION 12.0 WAGES 12.1

Wage Scale. a.

Beginning with the first day of pay period 1 of payroll year 2014

employees shall be paid in accordance with the attached pay schedule titled "FOP 2014 Wage Scale." b.

No step increases shall be provided in payroll year 2014.

c.

Beginning with the first pay period 1 of payroll year 2014.

Promotional

raises shall be received on the anniversary date of the promotion. Movement from one class title to another class title in the same class series shall occur on the second (2nd) and fifth (5th) anniversary of the promotion (e.g. Corporal I, to Corporal II (2nd year) to Corporal Ill (5th year)). The operation and effect of Section 43 shall not apply to either step raises or increases based on the officer's anniversary date or to any wage increases authorized by Section 12 herein. d.

A uniform cleaning allowance of eight hundred fifty-two dollars ($852) per

year is included in the wage scale.

12.2

K-9 Officers. K-9 officers shall be paid a maximum payout of a half hour (.5) of

overtime per day per dog for the care and maintenance of a department K-9 and other duties unique to the K-9 unit.

12.3

Spanish Proficiency. Any officer who can pass an English I Spanish proficiency

test shall receive a bilingual differential of an extra $.50/ hr. above their rank and step placement on the pay scale.

12.4

Field Training Officer. Any officer who is designated by the Sheriff as a Field

Training Officer shall receive an additional $.80 per hour for each hour the trainee or Reserve Officer in training is with the FTO. This additional compensation shall not be included in the computation of overtime. The Sheriff shall designate the FTOs in writing and may revoke this assignment at any time.

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12.5

Out of Class Pay. Any officer given an acting assignment, in writing, to perform

the work of a higher position for a period of 20 consecutive days or more, shall receive the pay for the higher position starting on the 21st day. Acting assignments shall not exceed forty-five (45) days. The Sheriff retains the sole authority in the assignment of Out of Class Pay.

12.6

Credit of Previous years of Experience.

Newly hired employees as a Deputy

Sheriff may be credited with previous years of law enforcement experience.

New

employees who possess a current Kansas Law Enforcement certification at the time of hire and have prior service with a law enforcement agency or with a current out-of-state law enforcement certification who receive Kansas reciprocity within one year of the date of hire and who have prior law enforcement experience with an agency shall be eligible for this section.

Procedure:

The Sheriff will verify the applicants previous experience.

Only whole

months of employment will be used. The following shall be used for step placement:

Whole Months of Experience

Step Placement

12-23

2

24 and Over

3

The time period for calculating seniority with the Shawnee County Sheriff's Office shall start on the day the officer begins employment for the Shawnee County Sheriff's Office.

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FOP 2014 Wage Scale

Steps

Job Title Patrolman Corporal!

Corporal II Corporal Ill Detective I Detective II Detective Ill Sergeant I Sergeant II Sergeant Ill

Range 401 410 411 412 415 416 417 420 421 422

Job Code 34020 34036 34037 34038 34076 34077 34078 24036 24037 24038 1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

401

16.54 17.01 17.67 19.33 20.42 21.48 22.01 22.36 22.48 22.93 23.29 23.41 23.56 23.72 24.51 24.63 24.80 24.93 25.07 25.21

410

17.24 17.71 18.37 20.03 21.12 22.18 22.71 23.06 23.18 23.63 23.91;) 24.11 24.26 25.42 25.21 25.33 25.50 25.63 25.77 25.91

411

17.39 17.86 18.52 20.18 21.27 22.33 22.86 23.21 23.33 23.78 24.14 24.26 24.41 24.57 25.36 25.48 25.65 25.78 25.92

412

17.54 18.01 18.67 20.33 21.42 22.48 23.01 23.36 23.48 23.93 24.29 24.41 24.56 24.72 25.51 25.63 25.80 25.93 26.07 26.21

415

17.69 18.16 18.82 20.48 21.57 22.63 23.16 23.51 23.63 24.08 24.44 24.56 24.71 24.87 25.66 25.78 25.95 26.08 26.22 26.36

416

18.09 18.56 19.22 20.88 21.97 23.03 23.56 23.91 24.03 24.48 24.84 24.96 25.11 25.27 26.06 26.18 26.35 26.48 26.62 26.76

417

18.54 19.01 19.67 21.33 22.42 23.48 24.01 24.36 24.48 24.93 25.29 25.41 25.56 25.72 26.51 26.63 26.80 26.93 27.07 27.21

420

18.79 19.26 19.92 21.58 22.67 23.73 24.26 24.61 24.73 25.18 25.54 25.66 25.81 25.97 26.76 26.88 27.05 27.18 27.32 27.46

421

19.14 19.61 20.27 21.93 23.02 24.08 24.61 24.96 25.08 25.53 25.89 26.01 26.16 26.32 27.11 27.23 27.40 27.53 27.67 27.81

422

19.54 20.01 20.67 22.33 23.42 24.48 25.01 25.36 25.48 25.93 26.29 26.41 26.56 26.72 27.51 27.63 27.80 27.93 28.07 28.21

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SECTION 13.0 OVERTIME 13.1

Wage Payment. The appropriate hourly wage shall be paid all time an officer

works, performs services or is on paid leave, up to and including forty (40) hours per week.

13.2

Overtime Rate. The officer shall be paid at a rate of one and one-half (1 1/2)

times the appropriate hourly wage for all time said officer works for the County exceeding forty (40) per week.

For the purpose of computing overtime, paid leave

including meal and rest breaks shall be considered time worked.

13.3

Overtime Assignment. All overtime must be offered to employees in the unit,

rank, and shift where the overtime occurs, in the order of seniority.

If sufficient

volunteers are not obtained, the agency may draft officers in the appropriate unit and shift in the inverse order of seniority to fill the needed number of positions.

13.4

Call Back and Court Time. An officer who is called back to work beyond the

workday, or is subpoenaed to appear in court or before an administrative body in connection with their duties in either a criminal or civil matter, shall be paid for such work time at the appropriate rate depending on whether or not the total hours worked during the affected payroll period exceed those hours specified in Section 13.1.

13.5

Call Back Pay.

An officer called back to work overtime outside the regular

scheduled duty period shall be paid for a minimum of two (2) hours and shall be paid for such work time at the appropriate rate depending on whether or not the total hours worked during the affected payroll period exceed those hours specified in Section 13.1.

13.6

Call Back Minimums. In the event an officer is called back to duty he/she shall

receive a minimum of (2) hours work or two (2) hours pay at the applicable rate of pay as provided in this Agreement.

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13.7

Call Back Duty Commencement. After receiving a call back to work, an officer

shall be considered on duty when the officer departs for work and advises CECC that they are in service.

13.8

County Owned Vehicle Maintenance. Officers assigned by the Sheriff to drive a

County-owned and maintained vehicle to and from work shall not be paid overtime for delivery of said vehicle to the County garage for scheduled maintenance.

13.9

County Owned Vehicle and Emergency Calls.

Off-duty officers designated by

the Sheriff to drive a County-owned and maintained vehicle to and from work shall immediately respond to all emergency calls to duty made by a superior officer or the duty dispatcher when such officer is driving a County-owned and maintained vehicle.

Payment for work done under these circumstances shall be paid pursuant to Section 13.5 of this Agreement.

13.10 Prisoner Transports. Officers assigned to prisoner transports shall be considered on duty from the time they depart, for the purpose of transporting the prisoner, and until such time as the prisoner is in the custody of the facility where the prisoner will next be held.

Off-duty time, including sleep periods during prisoner transports shall not be

considered to be hours worked for purposes of the Fair Labor Standards Act.

13.11 Overtime Pre-approval.

No officer shall be permitted to work overtime without

notifying a supervisor. Overtime, worked, must be reported during the pay period during which it is worked. No officer shall have the right to waive compensation for overtime and every officer shall be paid or shall receive compensatory time off in accordance with Article 24 of this agreement for all overtime actually worked.

13.12 Workweek.

A workweek shall consist of forty (40) hours and shall not be

reduced to avoid overtime or compensatory time off without the written consent of the officer.

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SECTION 14.0 TRAINING ASSIGNMENTS 14.1

Training/Conferences.

The County and the F.O.P. recognize the value of

on-the-job training and professional conferences and such is to be encouraged. The Sheriff or his/her designee shall review all requests to attend training and professional conferences and approval will be made on the basis of need, ability, qualifications and seniority. Such notices of training and professional conferences that the Sheriff may send or allow an officer to attend shall be posted throughout the agency as soon as the availability of such training or professional conference is known and will remain posted for a minimum of fourteen (14) calendar days.

The Chief Steward of the SNSO

bargaining unit or his/her designee may waive the required fourteen (14) calendar days minimum when circumstances dictate a need to shorten the time a known training course or professional conference is posted. a.

At the discretion of the Sheriff and based on staffing needs, officers may be

granted special duty days to attend approved professional, educational and training courses at their own expense. Officers utilizing this provision shall be responsible for all tuition and other expenses associated with the program and/or travel, lodging and food required.

14.2

Training Notification. Any officer required to attend a training assignment outside

of his/her normal work schedule shall receive written notice of such assignment at least three (3) working days in advance.

The Sheriff shall post cross-training vacancies throughout the agency for a minimum of fourteen (14) calendar days. With the exception of subsection (a) below, no officer shall be allowed to cross-train for more than one (1) year in a three (3) year period of time.

Cross-training participant officers shall be returned to their previously held position after completion of the cross-training assignment.

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SECTION 15.0 CONFLICTS OF INTEREST 15.1

Outside Employment.

Sheriff's Office officers who wish to engage in outside

employment and utilize the authority of their law enforcement commission while so employed, must obtain the written permission of the Sheriff before beginning employment.

Engaging in outside employment which does not require utilizing the

officer's law enforcement commission does not require prior approval. The service of process papers by off duty officers does not require prior approval as long as the off duty officer does not identify himself as an officer. The officer may use his commission to sign the return of process served while off duty. The permission of the Sheriff for officers to engage in off duty employment shall not be disparately given or withheld.

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SECTION 16.0 LEAVE OF ABSENCE 16.1

Procedure. A leave of absence without pay, but with no loss of seniority, may be

allowed not to exceed six (6) months for good and sufficient reasons at the discretion of the Sheriff.

Said leave may be extended for additional six (6) month periods at the

discretion of the Sheriff. a.

Eligibility. Permanent employees may be granted leave without pay for a

reasonable period of time not to exceed six (6) months consistent with the effective fulfillment of his/her Agency duties. b.

Acceptable Use.

Such leave may be granted for illness, childbearing,

child adoption, other temporary disabilities, or for other good or sufficient reason which is considered to be in the best interest of the employee, County and/or the department. c.

Request Use. Such leave, if it is to exceed thirty (30) calendar days, shall

be requested in writing by the employee and shall require written approval of the Sheriff in coordination with the Director of Human Resources. d.

Denial Reasons. No leave without pay shall be granted to an employee

so long as the employee has vacation leave or compensatory time credits. A leave of absence shall not be granted to allow an employee to take a position with another employer or to be self-employed. e.

Seniority. Time elapsed during an employee's leave of absence, if greater

than thirty (30) days, shall not count toward that employee's length of service, except as addressed in Federal Regulations.

This provision does not apply to absences as a

consequence of discipline. f.

Termination Of Leave. If the interest of the County and the Sheriff make it

necessary, the Sheriff may terminate a leave without pay by giving written notice, by mailing a certified letter to the employee's last known address, at least fourteen (14) days prior to the termination date. With the approval of the Sheriff, an employee may return from leave on an earlier date than originally scheduled.

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g.

Return To Work.

When an employee returns at the expiration of an

approved leave without pay or upon written notice by the Sheriff that a leave without pay has been terminated, the employee shall be returned to the original position the employee held at the time leave was granted, or to a position in another class in the same salary range for which he/she meets the qualifications. h.

Failure To Return.

Failure to return to work at the expiration of an

authorized leave of absence, or upon notice by the Sheriff that a leave has been terminated, shall be deemed a resignation.

i.

Probationary Periods.

An employee currently serving a probationary

period from a promotion, reinstatement or transfer may be granted leave without pay under the same conditions as a permanent employee. The employee's probationary period shall be continued effective with his/her return from leave until the total probation is actually served.

16.2

Benefits During LOA. An officer on a leave without pay shall not accrue vacation

time, sick leave, retirement credit, service toward longevity pay, other fringe benefits or seniority, or be compensated for holidays falling during the leave period, except as required by the Family and Medical Leave Act of 1993.

16.3

FMLA. The Family and Medical Leave Act and its provisions are incorporated as

part of this Agreement by law. Leave shall be subject to the County's FMLA policy.

16.4

LOA and Outside Employment.

An officer who is self-employed or works for

another employer during a leave of absence without justifiable reason shall be subject to disciplinary action.

16.5

Shared Leave. Leave shall be subject to the County's Shared Leave Policy.

16.6

Trade Days. Subject to approval of the Sheriff or his designee, officers shall be

entitled to voluntarily trade work or leave days.

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SECTION 17.0 MILITARY LEAVE 17.1

Military Leave. Any full-time officer who is a member of the National Guard or

Reserve component of the military services shall be granted leave without pay for active duty or training purposes. A maximum of twelve (12) working days per calendar year of active duty for training purposes may be granted as leave with pay. The leave with pay shall be the difference between the officer's normal County pay and the officer's military pay if the officer's normal County pay is greater. The officer may elect to use accrued vacation leave in lieu of military leave with pay.

17.2

Orders/Pay Stub Required. Each request for military leave shall be accompanied

by a copy of the appropriate military orders. Each request for military leave with pay shall be accompanied by a copy of the officer's military pay stub for the period requested.

17.3

Officer Reserves. Military leave for officer reserves who are ordered to active

duty or who volunteer for a period of active duty shall be limited to the date when the officer can terminate such active duty or the date of the officer's orders to inactive status, whichever may occur first.

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SECTION 18.0 VACATION LEAVE New Hire Probationary Period.

18.1

Newly hired officers shall not accrue vacation

leave for the first six (6) months of his/her employment; provided however that the officer shall be credited with an amount of accrued vacation leave for the first six (6) months of employment at the rate specified in 18.2 upon completion of his/her first six (6) months of employment and that the officer may commence utilizing accrued vacation at that time.

18.2

Vacation Leave Accrual Rates. The following vacation allowances are made for

full-time permanent and full-time probationary employees subject to the provisions within Section 18.1 above:

Hours Earned Per

Maximum

Years Of Continuous Service

Two-Week Pay Period

Accumulation

Less Than Five (5) Years

Four (4) Hours

144 Hours

Five (5) Hours

160 Hours

Six (6) Hours

192 Hours

But Less Than Twenty (20) Years

Seven (7) Hours

216 Hours

Twenty (20) Years Or More

Eight (8) Hours

240 Hours

Five (5) Or More Years But Less Than Ten (10) Years Ten (1 0) Or More Years But Less Than Fifteen (15) Years Fifteen (15) Or More Years

No employee, regardless of the number of hours worked in a pay period, shall accrue more vacation than the rates listed above. Employees working or in pay status less than eighty (80) hours in any pay period shall be paid a pro-rata share of the above accrual rates.

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18.3

Loss of Vacation. Any hours earned in excess of the maximum accrual shall be

lost. If the officer has lost any vacation hours as a result of exceeding the maximum accrual, he/she may make written request to be paid for those lost hours. In order to be paid for those lost hours, the officer must have made a reasonable and timely written request to use the hours and been denied the opportunity in writing. Payment shall be received within thirty (30) calendar days following submission of the written request.

18.4

Vacation and Termination of Employment.

In the event of termination of

employment, an officer shall be entitled to receive pay for unused accrued vacation time.

18.5

Vacation Schedules. Vacation schedules shall be established by the Sheriff or

the Sheriff's designee so as to permit the continuity of operation of the agency without undue hardship.

Vacation periods shall be requested in writing each year between

January 1 and the last day of February. Preference in vacation selection time will be based on agency seniority, subject to the needs of the agency.

Approved vacation

schedules will be posted on all F.O.P. bulletin boards no later than March 31. All bids not approved will be posted and held awaiting further approval. Approved vacations cannot be bumped by senior officers after the list has been posted. An officer who desires a vacation period in January, February or March shall submit the request before December 1 of the preceding calendar year.

These officers will be notified of their

vacation periods no later than December 20. Accrued compensatory time or personal leave days may be utilized in lieu of accrued vacation leave.

18.6

Vacation Outside of Selection Period. After the selection time as detailed above

has passed, an officer may submit a written request for any remaining available vacation time subject to the approval of the Sheriff or the Sheriff's designee.

18.7

Vacation Denial. All vacation times requested are subject to the needs of the

agency. However, denial of a requested vacation period shall not be arbitrary and shall

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not unreasonably defer the taking of vacations so that for all practical purposes the officer is deprived of vacation rights.

18.8

Death of Employee.

If an officer dies, the legal heirs will be paid the current

regular straight time pay for all vacation time accrued and not used.

18.9

Vacation Pay. Vacation pay will be paid at the officer's regular hourly rate.

18.10 Personal Leave Day. Two (2) annual personal leave days will be granted to each employee under the following conditions: a.

Full-time employees that are on payroll the first day of the first pay period

of the payroll year. b.

An employee serving a new hire probation period and on the County

payroll on the first day of the first pay period of the payroll year will be credited with two (2) personal leave days at the completion of one hundred and twenty (120) days of

employment.

The Sheriff or designee, at his/her sole discretion, may waive the

preceding waiting period for good and sufficient reasons.

Personal leave days shall be taken in eight (8) hour blocks during the payroll year of issuance or will be forfeited.

.

.

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SECTION 19.0 HOLIDAY LEAVE 19.1

Holidays Observed. All bargaining unit officers shall receive eight (8) hours pay

as holiday pay, whether worked or not, for the following County designated holidays except as set out in Section 19.4:

New Years Day

Martin Luther King's Birthday

Memorial Day

Independence Day

Labor Day

Veterans Day

Thanksgiving Day

Day after Thanksgiving 路

Two Day Christmas Holiday

Any holidays added by the County during the term of this Agreement as paid holidays shall be added to the above.

19.2

Holiday Pay. Any officer who is required to work on a holiday or the day observed

by the County as a holiday shall be paid his/her holiday pay and at one and one-half (1 1/2) times their regular straight time hourly rate for all hours worked. Any officer who

works in excess of eight (8) hours on a holiday or works outside of his/her regular scheduled workday on a holiday shall receive two and one-half (2 1/2) times the regular straight time hourly rate for all such hours so worked. No officer shall receive holiday pay for both the holiday and the day observed by the County as the holiday even if both were worked. If both the actual holiday and the day observed as a holiday are worked the rates, as described above, shall be paid for the actual holiday only.

If an event known as the Spirit of Kansas occurs and the Sheriff deems it is in the best interest of the Agency to assign employees to this event, employees assigned to the Spirit of Kansas shall be compensated at the Holiday overtime rate (2.5 times the regular straight time hourly rate).

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19.3

Vacations and Holiday. If a holiday occurs during an officer's vacation period,

the officer will not be charged for vacation on that holiday.

19.4

Holidays and Irregular Weekends.

Officers, who are assigned to schedules

which do not normally have Saturday and Sunday off will receive January 1, July 4, Christmas Eve, and Christmas as holidays in lieu of the County designated day for those holidays.

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SECTION 20.0 SICK LEAVE 20.1

Accrual Rate. Permanent or probationary officers shall accrue sick leave at the

rate of four (4) hours for each pay period of service.

There shall be no maximum

accumulation limitation.

20.2

Sick Leave Pay. Sick leave will be paid at the officer's regular hourly rate.

20.3

Sick Leave Use. Sick leave may only be utilized by an employee in order to be

compensated for absences during an employee's regular or normal work schedule under the following circumstances: a.

Sick leave may be allowed when an employee is unable to perform duties

due to personal sickness or injury, the illness or injury of an immediate family member or the need for medical, dental or other routine, diagnostic or medial treatment by the employee or immediate family member; or b.

Sick leave may be utilized if an employee is exposed to a contagious

disease or injured and may endanger or jeopardize the attendance or welfare of other employees; or c.

An employee may use sick leave to provide for the care of a member of

the immediate family with an illness.

In order to use sick leave, the requesting

employee must be a care provider to the ill or injured family member. d.

Employees are responsible for the use and accumulation of sick time.

Supervisor approval of sick leave requests only indicates the employee may have the day off. The employee is responsible to ensure he/she has enough sick leave to cover the requested absence.

20.4

Sick Leave Reporting Time. An officer who desires to use sick leave because of

illness or disability and is unable to report to work, shall notify the agency not later than one (1) hour before starting time of the particular shift on the first day of the absence and daily thereafter, if not hospitalized. Paid sick leave for the time absent will not be

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allowed unless the circumstances are beyond the control of the officer, which prevents such reporting.

20.5

Sick Leave Payment.

Upon retirement or termination of employment due to

permanent disability preventing the officer from returning to work as a deputy sheriff, an officer who has accumulated unused sick leave in the amount of eight hundred (800) hours or more shall be compensated for thirty-five percent (35%) of the unused sick leave at th~ir current rate of pay.

20.6

Sick Leave Physician's Statement.

Any officer absent from work and on sick

leave may be required to furnish a physician's certificate verifying the reason for the sick leave after first being placed on notice in writing by the Sheriff that the officer has demonstrated abusive conduct by using sick leave. An abuse of sick leave notice shall be given in writing and shall include all of the facts relied upon to substantiate the claim of abuse. Failure of the officer to furnish verification supporting sick leave for a period of six (6) months thereafter, upon request, shall result in the denial of paid sick leave for the period such verification is requested.

20.7

Immediate Family Definition.

Immediate family shall include spouse, children,

legal stepchildren, parents, spouse's parents, stepparents, spouse's stepparents, grandparents, spouse's grandparents, grandchildren, spouse's grandchildren, sibling, spouse's sibling, brother-in-law, sister-in-law, any relative living in the officer's home.

20.8

Sick Leave Accrual on Pay Stub.

The accumulated unused sick leave shall

appear on each officer's bi-weekly pay stub.

20.9

Sick Leave Bonus.

Any officer who accumulates at least an additional

ninety-four (94) hours of sick leave in a payroll year shall be paid an incentive of onehundred twenty five dollars ($125.00).

Any officer who accumulates an additional

eighty-four (84) hours of sick leave in a payroll year shall be paid an incentive of seventy-five dollars ($75.00). Any officer who accumulates an additional seventy-four

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(74) hours of sick leave in a payroll year shall be paid an incentive of twenty-five dollars ($25.00). Requests for such payment must be made in writing by the officer to his/her appointing authority during the last payroll period of the year, and shall be paid on the pay day for the first payroll period of the succeeding year.

20.1 0 Attendance Bonus. An officer shall earn one ( 1) day of personal leave for each six (6) months of good attendance.

The periods shall run from January 1 through

June 30 and July 1 through December 31 of each calendar year.

The attendance

personal leave day shall be awarded for the six (6) month period if the officer was in pay status for the entire period and used no more than eight (8) hours of sick leave. Sick leave may be used in increments of fifteen (15) minutes but the cumulative total shall not be more than eight (8) hours. The personal leave day must be requested in writing in the pay period following the conclusion of the six (6) month period. The personal leave day is subject to the same approval process as vacation. The personal leave day must be used in the succeeding six (6) month period it was earned or it shall be forfeited.

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SECTION 21.0

BEREAVEMENT LEAVE 21.1

Leave. In case of death in the immediate family, a permanent or probationary

officer shall be granted a leave of absence with pay for a period not to exceed five (5) normal workdays. Such leave with pay shall be considered bereavement leave. The length of such leave shall be determined by the Sheriff or the Sheriff's designee on the factors of relationship and required travel time.

21.2

Pay. Bereavement leave will be paid at the officer's regular hourly rate.

21.3

Outside Employment.

Any officer who is self-employed or works for another

employer while on bereavement leave shall be subject to disciplinary action up to and including termination.

21.4

Vacation. Should a death of a member of an officer's immediate family occur

while an officer is on a scheduled vacation, the officer shall be eligible to receive the benefits stated herein, provided the officer notified the County prior to the date of the funeral and the officer attends the funeral.

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SECTION 22.0 DISABILITY LEAVE 22.1

On the Job Injuries. All personal injuries, which occur while the officer is working

shall be reported to the officer's immediate supervisor immediately. The officer must take such first-aid treatment as may be recommended. Such accidents shall, in turn, be reported to the County Director of Human Resources.

22.2

Death in the Line of Duty. Any officer, who loses their life in the performance of

their duty as a deputy sheriff or who dies as a direct result of an injury incurred in the performance of their duty as a deputy sheriff, shall be entitled to lie in state in full uniform and to be buried in full uniform, excluding the weapon, handcuffs, baton, ammunition, mace and leather, with a corresponding service customary and proper to the rank and position of said officer, provided that the officer or the officer's immediate family has filed with the Sheriff a written request for such burial. Shawnee County will provide three thousand dollars ($3,000) for funeral expenses to the survivor of an officer who dies of duty related causes as defined by Kansas Police and Firemen Retirement System. The deceased officer's badge and uniform will be given to their immediate family.

22.3

Waiver of Use of Accrued Sick Leave. Officers, temporarily totally disabled as

the result of an injury, not caused, created or substantially contributed to by their own negligence, and arising out of and in the course of their employment who cannot perform the duty, may make application to the Sheriff for a waiver of the use of accrued sick leave not to exceed one hundred sixty (160) hours. The Sheriff shall have the discretion to approve or deny such request and shall not be subject to the grievance procedure. Employees who apply for and are granted this sick leave waiver shall not be eligible for any kind of non-use sick leave bonus.

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leave in order to enable the officer to earn compensation in an amount equal of his/her normal salary during the time they are temporarily totally disabled.

Under no

circumstances shall an officer prorate sick leave for permanent total disability.

PROVIDED, that an officer who is receiving workers' compensation of any kind shall not accrue any sick leave.

22.4

Outside Employment.

An officer who is self-employed or works for another

employer while on disability leave without justifiable reason shall be subject to disciplinary action.

22.5

Inability to Perform a Major Life Activity. Officers suffering a disability (temporary

or permanent) substantially limiting a major life activity shall retain their job or shall be assigned to another job if the officer is able to perform the "essential functions" of the job with "reasonable accommodation." Provided, however, that the County is under no obligation to create a job if a suitable job is not available.

22.6

Seniority.

If seniority is broken by medical disability retirement and the

condition(s) have been corrected and the officer is subsequently rehired through the selection process, upon completion of one (1) year in a full time civil service capacity following the last date of hire, the previous employment period shall be added to the officer's continuous service for purposes of seniority.

Only one (1) such seniority

allocation shall be allowed per individual, and the officer must be rehired within five (5) years to be eligible for former service seniority credit.

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SECTION 23.0 EMERGENCY LEAVE 23.1

Procedure.

In the event that any member of an officer's immediate family

becomes ill or incurs an injury of an emergency nature which would require the officer's immediate attendance, the officer shall be granted leave (i.e., vacation leave, sick leave or unpaid leave as appropriate) at the regular hourly rate for time away from duty, provided the officer furnishes a written statement justifying the need for the officer's presence.

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SECTION 24.0 COMPENSATORY LEAVE 24.1

Compensatory Maximum Accrual. Employees hired after 6/23/07, compensatory

time may be accumulated in either of the following situations: a.

The employee requests compensatory time and the Sheriff grants

compensatory time, or b.

The Sheriff offers compensatory time and the employee agrees to take

compensatory time.

The maximum accumulation shall be one hundred and twenty (120) hours of compensatory leave.

Employees hired on or before 6/22/07, shall accrue compensatory time under the following circumstances.

An officer, who voluntarily requests in writing to take

compensatory leave in lieu of paid overtime shall be granted compensatory leave time off at the rate of one and one-half (1 1/2) hours for each hour of accumulated compensatory leave. The Sheriff or designee shall have the authority to designate the following as overtime only and not accrued as compensatory time: STEP enforcement, OCDTF assignments, ATF and FEMA funded activities. The maximum accumulation shall be denoted on the following table:

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Hire Date With The Sheriffs Office

Maximum Accumulation

12/31/97 and previous

480

Between 1/1/98 and 12/31/2001

360

Between 1/1/2002 and 6/22/07

240

Hired on or after 6/23/07

120

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24.2

Accumulation Rate. Compensatory time off shall be earned and accumulated at

the rate of one and one-half (1 1/2) times the hours worked in excess of forty (40) hours in each workweek.

24.3

Hours Over Maximum Accrual. Officers who have accrued the maximum of four

hundred eighty (480) hours of compensatory time shall be paid cash wages of one and one-half (1 1/2) the regular rate of pay for overtime hours in excess of the maximum each pay period following the accrual of the maximum four hundred eighty hours compensatory time.

24.4

Payment at Separation. Compensable time off earned at the rate of not less than

one and one-half (1 1/2) hours for each hour of employment for which overtime compensation is required and which is unused at the time of an officer's termination shall be compensated at the officer's final regular hourly rate received at the time of termination.

24.5

Compensatory Time Noted on Pay Stub.

Accumulated earned compensatory

time off shall be reported on each employee's bi-weekly pay stub.

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SECTION 25.0 STANDBY STATUS I AND ON CALL STATUS 25.1

Standby Status. The Sheriff retains the sole authority to assign standby and

determine what hours will be assigned standby. The parties agree to assign a detective to standby status when no other detective is on duty. Any officer assigned to standby status, resulting in hours worked in excess of forty (40) hours in a work week, shall be compensated for such overtime hours as provided by Section 13.0 and 24.0. Standby status shall not be, or considered to be, hours worked for pay purposes unless the standby restricts the officer from effectively using the time for personal pursuits. In such event, such time shall be compensated at the officer's regular hourly rate of pay or overtime rate, whichever is applicable.

25.2

Effectively Restricting Definition.

"Effectively restricting" an officer's personal

time as used herein shall mean a practice, policy or procedure of notifying members of the bargaining unit that when on standby, officers are required to respond immediately to call and failure to do so may subject the officer to a disciplinary action.

25.3

Standby Pay.

Officers shall receive two dollars ($2) per hour for each actual

hour he or she is on standby.

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SECTION 26.0 SUSPENSION OF LEAVE 26.1

Emergency Declaration. Leave of any kind authorized in this Agreement may be

temporarily suspended during any law enforcement or duty-related emergency declared by the Sheriff or the County.

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SECTION 27.0 LEGAL COUNSEL 27.1

Legal Representation. The County will provide legal representation for officers

.against who suit is brought in civil cases based on activities alleged to be within the scope of the officer's official duties.

27.2

Liability.

The County will assume financial liability for all monies awarded to

claimants as the result of activities found to be within the scope of such official duties; provided, however, that in situations involving unlawful or malicious actions, willful misconduct or gross and wanton negligence by the officer, the County shall not be liable for payment under. this clause.

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SECTION 28.0 RETIREMENT 28.1

KP&F. Officers are covered under the Kansas Police and Firemen's Retirement

System.

28.2

Retirement. Shawnee County, in recognition of the officer's dedication to the job,

shall provide each officer, at the time of retirement, with a Sheriff's Office Identification Card with the officer's last rank and marked "Retired." The County shall also issue a badge with the word "Retired" engraved thereon.

28.3

Service Weapon.

The County agrees to transfer title of the retiring officer's

choice of any one (1) of their agency's issued firearms at retirement. If the officer selects the handgun there is no cost to the officer. If the officer selects any other issued duty firearm, the officer will pay the invoice cost difference between it and the handgun. The officer shall also pay the cost for any significant accessories attached to the weapons (significant is in excess of $25.00). Selection will not include fully automatic weapons.

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SECTION 29.0 INSURANCE 29.1

Health Insurance. All officers covered by this Agreement shall be provided the

same medical insurance benefits as provided by the County to all Shawnee County personnel.

29.2

Other Insurance.

All officers shall be eligible to participate in all such other

voluntary group insurance programs as the County authorizes for all Shawnee County personnel.

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GEl

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SECTION 30.0 UNIFORMS 30.1

Uniforms Defined. The Sheriff shall be authorized to promulgate General Orders

and determine policies providing for the issuance of five (5) full uniforms, including accessories and equipment, by and at the expense of the County to all officers upon their initial employment. If an officer demonstrates to the division commander that a portion of the required uniform, accessories or equipment is defective or unsuitable for on-duty use, such item will be replaced and/or repaired at the first practicable opportunity. All officers required to wear uniforms shall be allowed to accumulate five (5) uniforms and will be required to turn in used items for replacements.

Worn or

damaged uniforms shall be replaced with new uniforms and officers shall not be required to wear worn or damaged uniforms.

30.2

Footwear. The County shall purchase the approved footwear. An employee may

receive reimbursement up to $75.00 for shoes or $150.00 for boots upon proof of purchase of the approved shoe or boot. The employee must receive written approval, from the Sheriff or designee, for the footwear the employee desires to purchase. After written approval, the employee may purchase the footwear and present the receipt for reimbursement up to the amount of the highest approved footwear normally issued to employees. This reimbursement program may be used only once during the payroll year except in the event an employee's footwear becomes damaged and is unsuitable for uniform wear, as determined by the Sheriff or his designee. Footwear purchased by the County shall be used only in the course of employment by Shawnee County for Shawnee County business purposes or during the course of extra duty employment.

30.3

Uniforms Upon New Plainclothes Assignment. Employees that are newly

promoted and permanently assigned to a plainclothes assignment shall be eligible for a clothing allowance reimbursement up to five hundred dollars ($500). The employee may present receipts for reimbursement up to the amount spent toward the clothing allowance. Narcotics officers that are newly promoted and assigned to a plainclothes FOP

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assignment shall be eligible for a clothing allowance reimbursement up to five hundred dollars ($500).

The employee may present receipts for reimbursement up to the

amount spent toward the clothing allowance.

Commencing January 1, 2014, receipts

may be presented for reimbursement for any time period from November 1 of the prior year through October 31 of the year such reimbursement is sought by the employee.

Receipts must be presented between January 1 and November 15 for reimbursement in that calendar year.

30.4

Annual Plainclothes Allowance. Employees that are permanently assigned to a

plainclothes assignment at the start of the calendar year shall be eligible for a clothing allowance reimbursement up to four hundred dollars ($400).

The employee may

present receipts for reimbursement up to the amount spent toward the clothing allowance.

Commencing January 1, 2014, receipts may be presented for

reimbursement for any time period from November 1 of the prior year through October 31 of the year such reimbursement is sought by the employee.

Receipts must be

presented between January 1 and November 15 for reimbursement in that calendar year.

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. SECTION 31.0 SAFETY AND SANITARY CONDITIONS 31.1

Facilities. The County agrees to provide sanitary, safe and healthful facilities and

equipment.

31.2

First Aid.

The County will provide adequate first-aid facilities in the following

manner: a.

First-aid kits will be placed in all vehicles used by Sheriff's Office officers.

b.

There will be a first-aid kit accessible to all officers at the main Sheriff's Office.

Each kit shall contain the items needed for basic first aid.

31.3

Safety Equipment. Officers covered hereby, in the performance of their duties,

shall at all times use safety devices and protective equipment which may be furnished to them and will comply with safety, sanitary and fire regulations.

31.4

Vehicles.

All vehicles will be inspected in substantial compliance with the

manufacturer's recommendation standards. Records of all inspections will be available, upon request, to officers to whom the vehicle is assigned and a copy will be maintained in the vehicle by the officer to whom assigned.

31.5

Unsafe Vehicles. If a vehicle assigned to an officer shall be considered by said

officer to be defective or unsafe for use during any tour of duty, the officer shall cause such condition to be promptly brought to the attention of the immediate supervisor. The immediate supervisor shall then promptly make a determination as to the condition of the vehicle and shall at that time take the responsibility to determine whether the condition constitutes a violation of state or federal law and is safe for use as a police vehicle.

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31.6

Vehicle Accidents. All agency vehicle accidents shall be reported to the officer's

supervisor as soon as possible. Failure to do so will result in disciplinary action.

31.7

Body Armor. The County shall replace department body armor in accordance

with the recommendations of the manufacturer with minimum threat level of II. A.

31.8

Hair. All officers will have hair neatly groomed. Male officers may wear their hair

in a contemporary style of the day with the Sheriff being responsible for setting the standards. Female officers may choose to wear their hair down and loose; however, the length of their hair shall not cover any portion of the badge or nametag. Female officers may wear their hair up in a bun or French braid.

Female officers in

assignments, which do not require the wearing of a police uniform may wear their hair down and loose regardless of length as long as a well-groomed appearance is maintained.

31.9

Special Assignments. Hair requirements may be waived at the discretion of the

Sheriff when it would be to the benefit of the officer's assignment to do so.

31.10 Inoculations. The County agrees to provide, without charge to each officer within the bargaining unit, inoculations for Hepatitis B and other reportable contagious diseases as may be appropriate as determined by the County's designated occupational health care provider.

In addition, the County agrees to provide, free of

charge, inoculations for members of the officer's immediate household in the event an officer is exposed in the line of duty to a reportable contagious disease. Inoculations will be provided as necessary to prevent the spread of disease as determined by the County's designated occupational health care provider.

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SECTION 32.0 RESIGNATIONS 32.1

Resignation. To resign in good standing, an officer must give the Sheriff notice in

writing through the chain of command at least eighty (80) work hours prior to the effective date of the intended resignation, unless the Sheriff agrees to permit a shorter period of notice because of extenuating circumstances.

32.2

Failure to Give Proper Notice. Failure to comply with this rule shall be entered

into the officer's service record.

32.3

Return of County Property. An officer leaving the service of the County, whether

through resignation, retirement or discharge, is responsible for returning any County property which the officer may have in their possession.

Failure to return County

property will result in the officer being charged for the value of the property.

32.4

Seniority Broken by Resignation.

If seniority is broken by resignation and the

officer is subsequently rehired and remains employed in full time civil service capacity for five (5) years following the last date of hire, the previous employment period will be added to the officers continuous service for purposes of seniority. Only one (1) such seniority allocation shall be allowed per individual and the officer must be rehired within three (3) years to be eligible to receive senior service credit.

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SECTION 33.0 DISCIPLINE PROCEDURE 33.1

Discipline for Just Cause.

discharged for just cause.

Officers may only be disciplined, demoted or

Disciplinary measures shall be limited to the following:

written warning level one, written warning level two, written warning level three, suspension not to exceed thirty (30) calendar days and termination. Officers and the employer alike have the right to record by video or audio recorder, segments of these steps. Any record made by either party shall be copied and furnished to the other.

33.2

Discipline Steps/Offenses.

The County reserves the right to, with just cause,

discharge, suspend, demote or otherwise discipline officers for violation of the County Commission or Sheriff Office rules and regulations, policies, orders or resolutions, provided such rule or regulation, policy, order or resolution is not in conflict with the terms of this Agreement and is furnished to the bargaining unit at the time this Agreement is signed or provided to the bargaining unit in writing thirty (30) calendar days prior to the effective date of the rule or regulation, policy, order or resolution. The disciplinary process involves five (5) steps of progressive discipline.

FIRST OFFENSE:

Written warning level one;

SECOND OFFENSE:

Written warning level two;

THIRD OFFENSE:

Written warning level three;

FOURTH OFFENSE:

Suspension (Not to exceed thirty (30) calendar days);

FIFTH OFFENSE:

Termination.

Disciplinary actions, which did not result in a third offense discipline or above shall be removed from an officer's personnel file after the officer has been free from additional disciplinary actions for violations of a similar nature for twelve (12) continuous months on a first offense discipline and eighteen (18) continuous months for a second offense discipline.

Discipline resulting in a third offense discipline or above, or any

discipline from a lack of truth or candor shall permanently remain in the officer's FOP

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personnel file, but cannot be used for evaluation of an officer's promotion or subsequent discipline after the officer has been free from additional disciplinary actions or violations of a similar nature for twenty-four (24) continuous months.

The discipline shall be progressive through the steps for minor infractions of a similar nature.

Serious infractions constituting just cause may result in immediate

suspension or discharge rather than progressive discipline. Second and subsequent steps of discipline for minor offenses of a similar nature may not be taken by the Sheriff unless the officer has been served with an earlier disciplinary action, a copy of the prior disciplinary action has been given to the officer in writing, and the officer has been given the opportunity to sign before it shall be placed in the officer's official personnel file.

Discipline shall be imposed within forty-five (45) business days from the time the incident occurred or became known to the Sheriff or a non-bargaining unit supervisor. If an investigation is ongoing into the incident giving rise to potential discipline the Sheriff or supervisor shall be granted one (1) automatic fifteen (15) business day extension upon providing notice to the F.O.P. Chief Steward or designee prior to the expiration of the initial period to impose discipline. The Sheriff or supervisor can request additional extensions of time prior to the expiration of the time to issue discipline during the extended time frame (not to exceed fifteen (15) business days per extension) but must provide the F.O.P. Chief steward or designee three (3) business days to respond to such request. The F.O.P. Chief Steward or designee shall not unreasonably deny any such request for extension of time, and failure to respond within the three (3) business days shall be deemed granting such extension of time to issue discipline.

33.3

Disciplinary Action. No bargaining unit member will be directed to "write up" a

subordinate by any supervisor.

Letters of reprimand or written counseling may be

issued by the supervisor, the Sheriff or designee making the determination that disciplinary action be imposed.

Prior to the imposition of any disciplinary action the

officer to be disciplined shall be advised of the proposed discipline in writing and shall be allowed to respond to the allegations in writing within two (2) working days. The

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notice of the proposed disciplinary action shall contain all the facts known to the County including identity and location of any complainants. Anonymous complaints may not be used to initiate any form of disciplinary action unless the alleged act can be verified by subsequent investigation. Discipline shall not be disparately imposed.

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SECTION 34.0 GRIEVANCE PROCEDURE 34.1

Grievance Procedure.

The parties recognize the grievance procedure as an

important and valuable tool for resolution of problems concerning the interpretation and application of this Agreement. Both the Employer and the F.O.P. provide this procedure to covered officers to seek adjustment of grievances as defined below. It is understood that an officer may present an oral complaint to an immediate supervisor at any time without initiating a formal grievance procedure as set forth below. a.

A grievance must be presented in writing and signed by the officer within

thirty (30) business days of the disciplinary action or event triggering the grievance and must claim a violation of this Agreement. Grievants who claim a violation of the same provision or provisions of the Agreement, who agree they are relying on the same factual circumstances and so indicate on the grievance form, may sign the grievance.

Such grievance shall be filed at Step 1 of the grievance procedure. Only grievances filed by the officer directly affected by an alleged violation or the F.O.P. may be processed through the grievance procedure. The grievance form shall also be signed by the Chief Steward or the Chief Steward's designee. b.

Definition. The "grievance" shall mean a complaint by an officer in the

bargaining unit or the F.O.P. involving the interpretation or application of any provision contained within this Agreement. c.

Calculation of time limits. In the calculation of days included throughout

this procedure as time limits, the day of an occurrence shall not be counted. Day one shall be the business day following the occurrence. A business day shall mean Monday through Friday. County designated holidays shall not be counted as a business day.

34.2

Grievance Contents.

Only one subject matter shall be covered in any one

grievance. A written grievance shall contain the name and position of the grievant, a clear and concise statement of the grievance, the issue involved, the relief sought, the date the incident or violation took place, the specific section(s) of this Agreement alleged to have been violated, the signature of the grievant and steward and the date.

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34.3

Time Limits. The time limits in this procedure may be extended by mutual written

consent of the F.O.P. representative handling the grievance and the appropriate management representative. Any grievance not responded to by management at steps

1 and 2 within the time limits outlined herein may be considered denied and may be moved by the grievant to the next step of the procedure.

34.4

Grievance Steps. The steps of the grievance procedure shall include:

STEP 1. The matter shall first be taken up between the officer, a F.O.P. Steward and the supervisor involved. If the grievance is not adjusted orally, it must be submitted in writing to the supervisor within thirty (30) business days after the occurrence giving rise to the grievance or after it having become known. Any response in writing to the written grievance shall be issued within fifteen (15) business days.

STEP 2. If the grievance cannot be adjusted under Step 1, the matter may be appealed to the Sheriff or his designee by the Chief Steward or designee, unless the Sheriff gave the Step 1 response.

In that event, the grievance shall proceed from

Step 1 to Step 3 and Step 2 shall be eliminated.

A request for consideration by the

Sheriff must be made in writing within fifteen (15) business days of the decision in Step 1 or the grievance shall be considered dropped. Any decision in writing shall be rendered in writing within fifteen (15) business days after submission of the grievance to him.

STEP 3. If the grievance cannot be adjusted under Steps 1 and 2, the matter will be considered by the Director of Human Resources or designee.

A request for

consideration by the Director of Human Resources must be made in writing by the Chief Steward or designee within fifteen ( 15) business days of the decision rendered in Step 2 or the grievance shall be considered dropped. The request for consideration and other notices provided for herein shall be served on the Director of Human Resources who shall sign and acknowledge receipt thereof.

The Director of Human Resources will

schedule a hearing within thirty (30) calendar days after submission of the grievance

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and shall render a decision within thirty (30) business days of the hearing or the grievance shall be found in the officer's favor, shall be final, and shall not be subject to grievance or arbitration.

At the Director of Human Resources request or by mutual

consent of the parties, submitting briefs may be substituted for a hearing. Any violations of the above procedural steps by the officer shall result in the grievance being deemed settled in the Sheriff's favor and shall not be subject to further appeal.

34.5

Expedited Grievance Procedure. In the event of a termination or suspension, the

grievant or the Union may pass step 1 and the grievance may be filed directly with the Sheriff at Step 2.

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--~--~-~~--~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-

SECTION 35.0 ARBITRATION PROCEDURE 35.1

Arbitration of Grievance and Selection of Arbitrator. Any grievance, which cannot

be settled through the above procedures, may be submitted in writing within twenty (20) calendar days by the Union Representative to the Director of Human Resources who shall sign and acknowledge receipt thereof. Within twenty (20) calendar days after the above notice is delivered, the parties will mutually agree upon an arbitrator or jointly execute and send a request for a list of seven (7) arbitrators from the Federal Mediation and Conciliation service (FMCS). Immediately upon receipt of the list of arbitrators by either party, a copy of the list will be provided to the other party. Within twenty (20) calendar days of receipt of the list, the parties shall meet and alternately and independently strike unacceptable arbitrators from the list with the last remaining arbitrator being selected. Prior to striking any names either party may elect, one time only, to strike one entire panel. The parties will then jointly request a new panel, with the striking party paying any additional cost.

Failure by either party to adhere to the

guidelines will result in the grievance being found in favor of the non-defaulting party.

35.2

Hearing. The arbitrator selected or appointed shall meet with the parties at a

mutually agreeable date to review the evidence and hear testimony relating to the grievance.

Upon completion of this review and hearing, the arbitrator shall render a

written decision to both the Employer and the Union, which shall be binding upon both parties. Arbitration shall be the sole and exclusive remedy for grievances as defined by this agreement.

35.3

Costs. Both parties shall share equally the costs and expenses of the arbitration

proceeding. Each party, however, shall bear its own costs for witnesses and all other out-of-pocket expenses including possibly attorney's fees.

Testimony or other

participation of officers shall not be paid by the Employers. The arbitration hearing may be conducted in the County Courthouse.

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35.4

Transcripts.

If either party desires a transcript of the proceedings, they may

cause such a record to be made providing they pay for the costs of the record and make copies available, at cost, to the other party and to the arbitrator.

35.5

Decision of Arbitrator.

The decision of the arbitrator shall be limited to the

subject matter of the grievance and shall be restricted solely to interpretation of the contract in the area where the alleged breach occurred. The arbitrator shall not modify, add to or delete from the express terms of the Agreement.

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SECTION 36.0 RESIDENCY 36.1

FOP

Residency Requirement. There is no residency requirement.

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SECTION 37.0 COURT APPEARANCES 37.1

Court. All officers required to appear in court as witnesses with regard to any

matter related to their duties shall be, outside their scheduled work time, paid their regular hourly rate or overtime rate, whichever is applicable, for all hours requiring travel, waiting, preparation, and attendance or a minimum of two (2) hours pay at the applicable rate of pay, whichever is greater.

In the event, however, that the court

appearance overlaps with the officer's regular shift, the officer will be eligible to be paid only for hours worked, including travel, waiting, preparation, and attendance, and the two (2) hour minimum will not apply.

Officers shall not be assigned to work in the

Sheriff's office for the balance of the two (2) hours if the officer is not needed in court for the entire two (2) hours.

37.2

Retention of Mileage.

If, with permission of the Sheriff, an officer uses their

personal vehicle for travel to or from a place of attendance, outside Topeka, the officer shall be permitted to retain the mileage reimbursement paid by the court.

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SECTION 38.0 SEPARABILITY OF AGREEMENT 38.1

Separability of Agreement.

If, during the term of this Agreement, any of the

provisions contained herein are held to be invalid by operation of law or by tribunal of competent jurisdiction, or if compliance with or enforcement of any provision shall be restrained by such tribunal pending a final determination as to its validity, the remainder of this Agreement shall not be affected thereby.

In the event any provision herein

contained is rendered invalid, upon written request by either party hereto, the County and the F.O.P. shall enter into meet and confer proceedings for the purpose of reaching a mutually satisfactory replacement of such provision.

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SECTION 39.0 WAIVER OF BARGAINING DURING AGREEMENT TERM 39.1

Waiver of Bargaining During Agreement Term. The County and the F.O.P. for

the term of this Agreement each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated, to meet and confer with respect to any subject or matter referred to or covered by this Agreement unless such matter or subject by agreement is subject to meet and confer proceedings during the term of this Agreement.

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SECTION 40.0 NONDISCRIMINATION CLAUSE 40.1

FOP Nondiscrimination. The F.O.P. agrees to maintain its eligibility to represent

all officers by continuing to admit persons to membership without discrimination on the basis of disability, age, race, creed, political activity, color, national origin, sex, sexual orientation or marital status and to represent equally all bargaining unit officers without regard to membership or participation in, or association with the activities of, any employee organization.

40.2

County Nondiscrimination. The County and the Sheriff will continue their policy

of not discriminating against any bargaining unit officer on the basis of disability, age, race, creed, political activity, color, national origin, sex, sexual orientation, marital status or membership, participation in, including participation in any grievance, complaint or proceeding as set forth in this Agreement, or association with the activities of any employee organization.

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SECTION 41.0 DRUG TESTING 41.1

Policy and Procedure. Shawnee County has a commitment to a drug-free work

place.

The policy applies to drug screening and education for officers of the Shawnee County Sheriff's Office. a.

Drug screens may screen for alcohol and any substances listed in

Schedule I or II of the Kansas Controlled Substance Act. The threshold levels of certain substances are listed below. Samples from applicants and officers shall, in all cases, be screened to identify the following classes of substances.

Initial test cutoff

Confirmatory test

Confirmatory test

Initial Test Analyte

concentration

analyte

cutoff concentration

Marijuana metabolites

50 ng/ml

THCA

15 ng/ml

Cocaine metabolites

150 ng/ml

Benzoylecgonine

100 ng/ml

Codeine

2000 ng/ml

2000 ng/ml

Morphine

2000 ng/ml

6-Acetylmorphine

10 ng/ml

6-Acetylmorphine

10 ng/ml

Phencyclidine

25 ng/ml

Phencyclidine

25 ng/ml

Amphetamine

250 ng/ml

500 ng/ml

Methamphetamine

250 ng/ml

500 ng/ml

MDMA

250 ng/ml

MDA

250 ng/ml

MDEA

250 ng/ml

Opiate metabolites Codeine/Morphine

Amphetamines AMP/MAMP MDMA

Specimens collected pursuant to this policy will be used only to test for those substances specified in these procedures and may not be used to conduct any other analysis or test unless otherwise authorized by law or the individual.

Drug

screens will be conducted on urine or hair samples. All urine specimens collected will be split samples.

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b.

Collection sites, laboratories and test methods used to conduct drug

screens shall comply with accepted practices within the industry and shall comply with all certification requirement. c.

Individual drug screen records maintained by the Director of Human

Resources pursuant to this policy shall be considered confidential by the County and its representatives to the extent that it is appropriate and feasible to observe reasonable expectations of privacy on the part of the officer. d.

Notifications of the drug screen requirement shall be included

1n

announcements or advertisements seeking applicants for employment. e.

Officers shall be informed of the County's drug screening policy prior to

being subjected to any drug screens. f.

Alcohol testing will be conducted by utilizing an Evidensive Breath Testing

Device (EBT). Any result of .040 or greater shall be a positive result. g.

An officer may be screened under the following circumstances: (1)

Any officer may be subjected to a drug screen if the division head

or designee has reasonable suspicion of drug use by the officer.

(2)

Randomly selected officers within the bargaining unit, not to exceed

two (2) officers, may be screened each month. All such screening shall be done by a third party under contract with the County delegated with the responsibility for the screening and selection process. Bargaining unit officers shall be listed separate from all other County employees given alcohol and drug screening as a condition of employment and randomly selected from such lists. h.

Consequences of a refusal to submit to a drug screen are: Refusal by the

officer to submit to a drug screen shall be considered a failure by the officer to fulfill a condition of employment, resulting in the officer's immediate discharge from County employment.

i.

A permanent officer who receives a confirmed "positive" result and who

has not previously had a confirmed "positive" result shall be directed to the Employee Assistance Program for referral to an appropriate drug assessment and education or treatment program approved by the Employee Assistance Program.

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(1)

An officer will be granted leave to participate in an appropriate and

approved education or treatment program pursuant to this policy for a period not to exceed an aggregate of sixty (60) working days.

(2)

Leave to participate in education or treatment programs, as outlined

in paragraph (1) above, shall be granted with pay to the extent the officer has accrued leave and without pay thereafter.

(3)

The officer shall be required to provide verification to the Sheriff

that the officer is participating in an appropriate and approved education and treatment program to receive approved leave.

(4)

The Sheriff shall review the job duties required of the officer to

determine whether the officer poses a threat to safety or health at the work site while undergoing outpatient or aftercare treatment. The Sheriff may assign the officer to a different position for a period of six (6) months, except for narcotics officers who may be reassigned permanently after receiving a confirmed positive result.

(5)

Refusal by an officer to enter into an appropriate and approved

drug assessment and education or treatment program may be grounds for termination. j.

On condition of the recommended education or treatment program, the

officer shall be required to provide or release clinical verification to the Sheriff that the officer has successfully completed the recommended education or treatment program.

(1)

For the purpose

of the County's drug screening

program,

successfully completing the recommended education or treatment program means the officer achieved and maintained a drug-free state which will normally be determined by a "negative" result from an authorized drug screen.

(2)

All officers who have entered a program as specified in this section

shall be required, as a condition of continued employment, to submit to a drug screen once each quarter for a period of two years commencing sixty (60) days after the date of the drug screen. The specific date each quarter on which the drug screen shall be made shall be at the discretion of the Director and shall not require advance notice to the officer.

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k.

An officer who receives a confirmed "positive" result shall be subject to the

following: (1)

Dismissal if the officer is serving an initial employment probation at

the time the Director is notified of a confirmed "positive" result.

(2)

Dismissal if the officer fails to successfully complete an appropriate

and approved drug assessment and recommended education and treatment program.

(3)

Dismissal if the officer has previously had a confirmed "positive"

result within the previous five (5) years.

I.

If an officer challenges the validity or accuracy of the confirmed "positive"

result, they may appeal in writing to the Medical Review Officer (MRO) within 72 hours of the officer having been notified of the "positive" result. All "positive" samples will be kept at the laboratory for a period of one year, and at the officers request may be kept longer.

The MRO and Drug Screening Coordinator should be notified of the appeal

request so that arrangements for a second analysis process can be initiated on the split sample. All costs associated therewith to be paid by the officer.

41.2

Identifying and Documenting Reasonable Suspicion. a.

Reasonable suspicion involves a judgment made regarding the officer's

behavior, appearance, speech or body odor, or evidence found or reported and may be based on, among other circumstances, one of the following.

(1)

Direct

observation

of

specific

contemporaneous,

articulable

behaviors exhibited by the officer which may impair the officer's ability to perform their job or which may pose a threat to safety or health.

(2)

Physical on-the-job observation of drug and/or alcohol use by the

(3)

Documented deterioration in the officer's job performance that is

officer.

likely to be attributed to drug or alcohol use by the officer.

(4)

An on-the-job incident or accident where there is evidence to

indicate the incident or accident was in whole or in part the result of the officer's actions or inactions or the officer exhibited behavior indicating illegal drug or alcohol use.

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41.3

Drug and/or Alcohol Testing After Discharge of Firearm. The parties agree that it

is in the best interest of all parties. to ensure that an employee is not impaired when the employee is acting in a law enforcement capacity. To that end, the parties agree that bargaining unit members will only be required to submit to drug and alcohol testing after Garrity Warning has been administered or if articulated reasonable suspicion can be established that the bargaining unit member is under the influence of alcohol and/or drugs. Testing can only be requested in the event of a discharge of firearms (except in the cases involving training or the destruction of an animal) or any use of force causing great bodily harm as defined in the use of force general order.

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SECTION 42.0 BILL OF RIGHTS 42.1

Personal Information. No officer shall be required to disclose any item of his/her real

or personal property, income, assets, sources of income, debts, personal or domestic expenditures (including those of employee's family or household) or similar data.

42.2

Right to Examine Personnel File. Any officer shall have the right to examine any

and all employment and/or personnel files as described in Section 42.3 below with the exception of employment Letters of Recommendation. Such review shall be conducted upon written request, during normal business hours (9:00 a.m. to 5:00 p.m.), Monday through Friday, except holidays.

42.3

Personnel File. There shall be one (1) personnel file maintained by the Sheriff

for each officer covered by this Agreement, although the Director of Human Resources shall hold the "official" personnel file.

The personnel file maintained by the Sheriff

consists of the officer's application, assignments, promotions, evaluations, salary information, commendations and letters to the officer regarding citizen complaints, certificates and disciplinary actions. The personnel file maintained by the Sheriff does not include medical records, background information, internal investigative materials, training records or payroll records i.e. a pay period by pay period accounting of pay. The documents, materials, statements and other records gathered in internal investigations shall not be destroyed and shall be kept in a separate file by the Professional Standards Unit or similar unit. The official personnel file kept by the Director of Human Resources shall contain information related to the employee's employment in accordance with generally acceptable Human Resources practices.

42.4

Constitutional Rights/Representation. An officer who is questioned as a suspect

during an investigation that may lead to criminal charges shall be advised of their constitutional rights in accordance with law. An officer who is questioned regarding rules and regulations or policy and procedure violations and who has reason to believe FOP

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that discipline may result from the questioning shall, on request of the officer, have the right to have a F.O.P. representative present during the questioning.

42.5

Complaint Notification. The officer against whom the complaint was lodged and

the Chief Steward shall be notified, by email or written memorandum or orally, within two (2) business days after the Sheriff or designee is notified (except in cases of an ongoing investigation) upon the receipt of any complaint, whether oral or written, alleging misconduct by any officer except in the event of an EEO or harassment investigation being conducted by Human Resources.

For Human Resources

investigations into EEO or harassment complaints by an employee, the employee shall only receive notice that a complaint has been filed. In the event the alleged misconduct is ongoing the officer and Chief Steward shall be notified upon substantiation of such complaint.

All interviews will be conducted in a professional neutral investigative

manner. The F.O.P. steward will be present during any meetings conducted with the officer against whom the_ complaint was alleged, including investigative and disciplinary meetings. If any report is generated following an investigation, the steward and officer will be provided copies of such report.

42.6

Right of Representation. An officer who is to be questioned in an investigation

regarding rules and regulations, these Bill of Rights, and/or policy and procedure violations and who has reason to believe that discipline may result from the questioning shall have the right to have a F.O.P. representative present during the questioning.

42.7

Reasonable Times. Any interviews related to the Bill of Rights described herein

shall be for reasonable periods of time and time shall be allowed during such questioning for attendance to physical necessities.

42.8

Insubordination Charge. Before an officer may be charged with insubordination

or like offense for refusing to answer questions or participate in an investigation, the officer shall be advised that such conduct may be the basis for a charge of

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insubordination, except no officer shall be charged with insubordination where such refusal is premised on the exercise of rights afforded within this Section.

42.9

Recording of Interview/Interrogation.

When an officer is being interviewed or

suspected of a violation and is being interrogated in an investigation, such interview or interrogation may be recorded by the Sheriff's Office or the officer. However, the officer or management must be advised that the interview or interrogation is being recorded.

42.10 Right to Documentation.

Policies, procedures, rules or regulations shall be

furnished, upon request, to the officer, the F.O.P. or the F.O.P.'s attorney and/or provided access to transcript, records, written statements, video or audio tapes and/or any other material which the Sheriff or his designee relies upon for the charge within a reasonable time in advance of any hearing for the purpose of preparation.

42.11 Searching of Property. written consent.

Officers shall not have their locker searched without

All other property of the County and/or the Sheriffs Office may be

searched at any time for any reason.

A search of the employee's locker may be

conducted without written consent of the officer where there is an investigation of a criminal offense with a lawfully issued search warrant.

42.12 No Retaliation. No officer shall be subject to disciplinary action, denied promotion or threatened with any such treatment as a result of exercising privileges granted in the Procedural Bill of Rights or as a result of utilizing the grievance procedure.

42.13 Adverse Information. An officer shall have five (5) working days knowledge of an adverse comment in the officer's personnel file to submit a written response. Officers shall not have any comment adverse to their interest entered in their personnel file or any other file used for any personnel purposes by the employer, without the officer having first read and signed the instrument containing the adverse comment indicating the officer is aware of such comment, except that such entry may be made if after reading such instrument, the officer refuses to sign it.

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42.14 Polygraph Test.

An officer shall not be compelled to submit to a polygraph

examination, chemical truth test, or a voice stress analyzer, nor shall an officer be compelled to testify against oneself in a criminal case.

Refusal to testify under this

provision shall not be grounds for disciplinary action. An officer who refuses to testify on a case where he or she is the investigating officer or involved in the case as a Sheriff's Office employee, however, may result in the officer's immediate dismissal.

42.15 Political Activity. Officers choosing to seek election shall request vacation leave or request a formal leave of absence from their position with the agency. The leave shall be for the period of time consistent with the campaign and, if elected, the officer shall resign the position with the agency. While on duty, officers shall refrain from active political campaigning of any type, including wearing political buttons, distributing campaign material or similar activities.

Nothing herein shall be construed as preventing or prohibiting officers from exercising their rights as citizens to express publicly or privately their opinions or to cast their votes.

42.16 Witness for Corrective or Disciplinary Proceedings. Officers may request that a witness be present whenever he/she is issued a written notice of corrective or disciplinary action, which is intended to be a part of the officer's official personnel record. Officers should be reminded of their right to have a witness by the supervisor issuing the disciplinary action.

All disciplinary actions shall be administered as promptly as possible. The selection of a witness will be at the discretion of the officer receiving the disciplinary action but shall be limited to the most readily available steward, member of the F.O.P. Executive Board or another officer. A witness shall not participate in the administration of a disciplinary action and will be in pay status only if the witness is on duty and within their normal working hours.

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42.17 Psychological or Psychiatric Examination.

No employee shall be required to

submit to any type of psychological or psychiatric examination unless reasonable suspicion exists to request the test.

If the Employer feels that reasonable suspicion

exists it shall so notify the employee of its suspicion and its intent to require submission to examination.

The employee shall be provided with all information held by the

Employer, or which the Employer reviewed prior to the request, including the names of any witnesses or complainants and any information they provided, at the time the employee is notified of the intent to require the employee to submit to an examination.

The employee may respond to such information and have such information provided to the professional conducting the examination. The Employer will bear the expense of the examination.

The employee will be provided with a copy of all correspondence

between the Employer and the examining professional as well as a complete copy of any report provided to the Employer by the professional as a result of the examination.

If the employee disagrees with such findings by the employer's professional, the employee may, at their own expense seek an examination with a professional of the employee's choice. If the findings of the professional of the employee's choice and the professional provided by the Employer are in conflict, the Employer shall work with their chosen professional and the employee's chosen professional to select a third professional to conduct the final evaluation. The results of the final evaluation will be binding on the parties as to the fitness for duty determination. The costs of the final evaluation shall be split evenly between the employee and the Employer.

42.18 Civilian Employees.

Civilians, non-sworn or contracted employees will not

assume the duties of FOP covered employees in such a way to cause displacement or layoffs of such Employee as a direct result thereof without first meeting and conferring with the FOP. The term "displaces" as used in this sub-section means the removal of an employee from a regularly scheduled shift and/or position and replaced with a civilian, non-sworn or contracted employee, In the event it becomes necessary to layoff any FOP covered employees, any civilians, non-sworn or contracted employees not covered by another union memorandum of understanding hired pursuant to this section

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after the date of the memorandum of understanding, shall first be laid off and not reinstated until after all FOP covered employees have been reinstated.

42.19 Critical Incident.

Critical Incident should be defined for this section, and this

section only, of the agreement as any incident in which an employee's action(s) has caused or had the potential of causing death or great bodily harm. Any employee who is involved in a Critical Incident in which the employee's action(s) could result in criminal charges being filed against the employee shall not be required to make any statements for at least seventy-two (72) hours as it pertains to any Internal Affairs/Professional Standards Unit investigation. Any employee who is involved in a Critical Incident shall have the right to consult with their personal attorney before making any verbal or written statements

as

it pertains to

any Internal Affairs/Professional

Standards Unit

investigation. Nothing shall preclude the employee from giving any statement at any time should they desire to do so. This shall not relieve the deputy of the duty to provide immediate information as it pertains to a criminal investigation.

FOP

Page 110

SECTION 43.0 DURATION OF AGREEMENT 43.1

Duration. This Agreement shall be in effect from the first day of the first pay

period in payroll year 2014 through the last day of the last pay period of payroll year 2014.

However, in the event that the parties are engaged in meet and confer

negotiations for a successive Agreement upon the expiration of this Agreement, the provisions of this Agreement shall continue in effect until the successive Agreement is reached.

The parties agree in good faith to commence negotiations and have

completed their submission of their case to a face finder (if necessary) not later than sixty (60) days prior to the final vote of the County on its budget for the next fiscal year.

FOP

Page 111

2008 financial crisis impact still hurting states Jake Gromm, Slate line StaffWrller

2:20p.m. EDT September 15, 2013

Recession forced across-the-board spending in many states, hitting education and hiring. .H

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The effects of the v.orst economic dolM'lturn since the Great Depression are forcing changes on state governments and the U.S. economy that could linger for decades.

(Photo: Photos.com, Getty Images)

By one Federal Reserve estimate, the country lost almost an entire year's WJrth of economic activity- nearly $14 trillion- during the recession from 2007 to 2009.

5 YEARS AFTER LEHMAN: Obama to speak Chttp:l/w,wwsa!oday.com/story/theoval/2013/09/15/obama-speech-fiflh-annjyersarv-flnancjalcrlsls/2815955/) FINANCIAL MELTDOWN: Could it hag pen agajo? Chttp:/ly.w.y.usatodaY.com/slory/Qplnlon/2013/09/12/fehroan-bros-sept-15-2008-ed!torjalsdebates/2807373/) CREDIT AGENCIES: Crisis tarnished reputations (http://w,wwsatoday,cornlstory/moneylbuslness/2013109/13/credl!-rating-agencies-2008-f!nanclalcr!sjs-lehmanf2759025/) CALLAWAY: Lehman and y..ben the buck broke (bttp:/lwMI! ysatoday,com/story/money/columnjsU2013/09/11/ca!laway-money-fynds-2008-flnanc!a!crisls-lehman/280Q7831) DELAMAIDE: What crisis? SEC snoozes (h!tp://w,wJ.usatoday.com/stor:ylmoneylbusfness/2013/09/12/delama!de-sec-enforcament-2008-financja!crisis-lehman/28046531) The deep and persistent losses of the recession forced states to make broad cuts in spending and public WJrkforces. For businesses, the recession led to changes In expansion plans and WJtker compensation. And for individual Americans, it has meant a future postponed, as fev.er buy houses and start famlfies.

Five years after the financial crash, the country is still struggling to recover.

"In the aftermath of (previous] recessions there were strong recoveries. That Is not true this time around," said Gary Burtless, a senior fellow at the Brookings Institution. "This Is more like the pace getting out ofthe Great Depression. • A lost decade In housing For years, housing served as the backbone of economic growth and as an investment opportunity that propelled generations of Americans into the middle class. But the financial crisis burst the housing bubble and devastated the real estate market, leaving millions facing foreclosure, millions more underwater, and generally stripping Americans of years' v.orth of accumulated v.eallh.

Anthony B. Sanders, a professor of real estate finance at George Mason University, said even the nascent housing recovery can't escape the effects of the recession.

Horne values may have rebounded, he said, but the factors driving that recovery are very different than those that drove the growth in the market in !he 1990s and 2000s. Sanders said more than half of recent home purchases have been made in cash, v.h!ch signals investors and hedge funds are taking advantage of cheap properties. That could freeze out average buyers and also means !Htle real economic growth underpins those sales.

Those effects are clear in homeowners hip rates, v.h!ch continue to decline. In lhe second quarter of this year, the U.S. homeownership rate wes 65.1 %, according to Census Bureau data, the lowest since 1995. In the mld-2000s, II topped 69%, capping a steady pace of growth that began after the early 1990s recession.

Reversing that v.ill be a challenge, in part because credit has lightened and lending rules have been toughened In an effort to avoid the mistakes that Inflated the housing bubble In the flrstplace.

APPENDIX, TAB 1

•credit expanded, and now contracted, and it's going to be tight like this as far as the eye can see," Sanders said. "We so destroyed so many households v.flen the bubble burst, there's just not the grounds~~.ell to fill the demand again .• Some are skeptical that the tight credit market and new efforts to regulate the financial markets, like the Dodd-Frank law, will prove lasting. Americans have often responded with calls for regulation after financial sector-driven crises and accusations of mismanagement, according to Brookings' Bur!less.

"But eventually, those fires cool dolMl, • he said. "It's not as though this memory of v.flat can go wrong sticks wth us very long."

That can be seen in the Intense efforts to water dov.n Dodd-Frank's regulations, Burtless said, Federal regulators have already made moves to relax requirements for some potential homeov.ners v.flo were victims of the recent housing crisis.

Even those steps and an unlikely return to easy credit might not fuel a full housing recovery without economic grov.th to back It up. As Sanders, referring to the grov.th In !ow-wage and part-time employment, put it: "At those wages, it's tough to scramble together do\m payments and mortgages."

Turmoil in the housing market has already reshaped the makeup of households nationwide. Homeov.nership rates among people with children under 18 fell sharply during the recession, declining 15% between 2005 and 2011, according to Census Bureau data.

In some states it was far 'Mlrse. For Michigan, the decline In homeoWI'lership was 23%, and in Arizona and California it was 22%.

Slow job rebound Lackluster job grov.th has outlived the dov.nturn. A study by the Economic Polley Institute shov.ed wages for all v.orkers, v.flen adjusted for inflation, grew just 1.5% betv.een 2000 and 2007. But the last five years wiped out even those modest gains-the study found wages declined for the bottom 70% of all v.orkers since the recession began.

Hov.ever, some areas have seen manufacturing jobs climb back from recessionary loYJS, and the energy sector has been a boon for some Midwestern states.

One hopeful sign for 'Mlrkers Is the shift away from manufacturing gro'Mh In the typically low-wage South back toward the Rust Belt states, reversing a movement that was laking hold before the doWI'lturn. That trend Is documented In a 2012 report from the Brookings Institution, "Locating American Manufacturing: Trends in the Geography of Production. • From 2000 to 2010, both the Midwest and South lost manufacturing jobs at about the national rate of 34%. But the Midv.est has seen nearly half of all manufacturing jobs gained since 2010, almost double the increase in the South. For Michigan, the grov.th was 19%; In Indiana, 12%.

Even "with that grov.th, there are caveats. Autov.orker unions have ceded ground with companies on wages and benefits, for example, allowing new hires to 'Mlrk for lo~~.er pay and fewer benefits than those v.flo've held their jobs longer.

Unemployment remains stubbornly high In some states, and the jobs created have leaned heavily toward part-time and low-pay v.ork. A study from the San Francisco Federal Reserve found the proportion of U.S. jobs that are part-time Is high, as many of the jobs lost during the recession have not returned.

States slashed spending The recession forced states to cut spending across the board, a reversal from a general trend of 1.6% growth each year, according to the National Association of State Budget Officers. States cut spending by 3.8% In fiscal year 2009 and by another 5.7% In flscal2010, the first such consecutive declines since the organization began tracking spending in 1979.

As NASBO found, the situation forced states to cut areas "often considered politically sacrosanct, • such as education, public assistance programs and transportation. It remains to be seen v.tlether the losses will ever be recouped.

Education comprises a significant portion of state budgets. In the 2012-2013 school year, for example, 35 states had K·12 funding that was below pre· recession levels v.hen adjusted for Inflation, according to the Center on Budget and Policy Priorities (CBPP), a left-leaning think tank. Some states reeled from spending cuts% of almost 22% compared to 2008.

Higher education funds fell too. Nationally, stales cut spending by more than 28% per college student from 2008 to 2013 v..flen adjusted for Inflation, according to the center. Arizona's reductions topped 50%; 36 states cut by more than 20%. Only tv.o states, Wyoming and North Dakota, didn't reduce higher education funding.

Those cuts had different consequences for students. In colleges, It meant skyrocketing tuition, ~lie In K-12, it often meant cuts to programs such as summer and after-school programs, along 1Mth bigger classes sizes. Some states cut enrollment for pre-K as 'Mill.

Michael Leachman, director of state fiscal research at CBPP, said both had the effect of stripping state education systems that are vital In preparing students and building feeders to the economy.

"These are very deep and concerning cuts at a time \\hen Irs recognized having a more educated oorkforce is crucial to the country's future: he said.

Fewer state workers The reductions also significantly shrunk public oorkforces. State and local cuts to public employees outlived the oorst of the layoffs In the private sector.

State and local governments have shed 681,000 jobs since their peak In August2008, by far the largest drop of any recession in the past half century, according to the Nelson A. Rockefeller Institute of Government.

State and local government wages grew by 1.1% In 2012, compared to 1.7% grov..th in the private sector, according to data from the Bureau of Labor Stalistics.

Many states embraced signlflcanllabor changes, such as scaled back health and retirement plans along wth pay freezes, salary cuts and furlough days.

The unemployment stampede crushed unemployment insurance funds. Jobless claims grew from an average of 321,000 per week in 2007 to almost 670,000 at the peak in March 2009.

States' unemployment insurance trust funds were forced to borrow nearly $50 billion from the federal government to cover costs.

Many states have repaid those debts, but 17 still owe the federal government almost $20 billion and others have debt on the private market. Even those 1Mth less or no debt are still reeling: Some have razor-thin balances even today (Rhode Island's is just over $500,000 IMth more than $162 million in debt).

Designed to ebb and flow \OAth unemployment, the trust funds are meant to be flush during good times and draiMl upon during do\Mlturns. Because of poor accounting and tax cuts, many states were unprepared for the recession and 'Mire unable to cover costs.

The debt has forced some states to cut jobless benefits to levels not seen since 1935 Social Security Act created the program. Hcould mean unemployment Insurance, the safety net's first line of defense against joblessness, may be missing in action ~en the next crisis hils.

Stateline reporter Pamela M. Prah contributed to this story.Stata!jne (http'/Aw,wpawstatss org(prajectslstateljaelis a nonpartisan, nonprofit news service of the Paw Charitable Trusts that proltfdas dally reporting and analysis on trends In state policy.

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:;:' ''lfilgure:3 .· ' ''. ; Continued Growth of 8.3% Per Year Would Not Restore Losses from Recession Until Fiscal Year 2019 ~:

·.~};.,.

1!1:.,~:.

Average growth rate 1980-2008 '.I ',, 'I ,,

S1.2 trillion 1.0

I

1

,I

\\

\

0·8 Actual collections ·

'\ •\

~-_.c'·

0.6

0.4

\'_- - - - -

' Continued growth of 8.3% --L,_

..L,_....J____l,_..L,_....J____l,_..L,_....J____l,_..L,_....J____l,_..L,_....J____l,_

FYOS

FY07

FY09

FY11

FY13

FY15

FY17

FY 19

FY=Fiscal Year Source : CBPP ca lculations using NASBO revenu e data.

Source : Center on Budget and Policy Priorit ies, June 27, 2012, "States Continue to Feel Recession' s Impact."

APPENDIX , TAB 2

Figure 1: State and Local Government Employment Is Now Lower Than Private Sector Employment, Relative to the Start of the Recession Employm n ins I ct ed m ustn s m h current r c ssion

-

s

路~

...

Q,l

..

Private -

Stategov. -

Local gov. -

Stat EH oca l gov.

1% 0%

Q,l

0

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.... c:

路;;; -3% Q,l 1>1)

c: ~ -4 % .... ;!.. ~

~%

路~

"' :i

E

%

a -7% 8%

Source: U.

Source:

The Nelson A. Rockefeller Institute of Govern me nt, January, 2014, " December 2013 Figures

Reveal Weak Growth in Private Jobs and Declines in State and Local Government Jobs."

APPENDIX , TAB 3

r---------------------------- -~------

Year

Assessed Valuation % Change

2000

$20 ,844 ,350 ,575

2001

$22 ,442 ,527 ,81 6

7.67 %

2002

$23 ,011 ,158,436

2.53 %

2003

$23 ,940 ,049 ,708

4.04o/o

2004

$25 ,357 ,723 ,849

5.92%

2005

$26 ,974,895 ,376

6 .38 o/o

2006

$28 ,915 ,593 ,877

7.19%

2007

$30 ,039 ,500 871

3.89%

2008

$30 ,980 ,005 ,308

3.13 o/o

2009

$30,175,117 ,836

-2.60o/o

2010

$29 ,421 ,998 97 4

-2.50%

2011

$29,937 ,338,7 59

1.75%

2012

$30 ,342 ,250,45 8

1.35 %

Source :

Kansas Association of Counties, May, 2013, "Demographic and Taxation Report, 2012-13"

APPENDIX , TAB 4

Kansas Assessed Valuation: 2000-2012 $30,980,005,308

$30,342,250,458

$29,937,338,759

-----

2000

Source:

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

2011

Kansas Association of Counties, May, 2013, "Demographic and Taxation Report, 2012-13"

2012

Revenue

2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 Est 2014

70,153,641 76,197,585 79,678,663 84,407,604 86,276,269 92,886,515 90,893,175 88,261,797 89,928,571 96,030,934 97,021,737 98,342,869

Actual

Budgeted

Expenditures

Expenditures

70,537,509 73,747,646 76,552,865 81,344,041 82,803,806 90,202,709 95,889,268 92,324,873 87,081,088 96, 158,350 96,573,110

73,800,873 78,765,389 81,598,219 85,961,600 93,142,181 98,346,912 99,051,137 99,541,061 95,440,356 98,601,265 99,445,788 95,382,364

Revenue and Expenditures

I 120,000,000 I

1oo,ooo,ooo 80,000,000 60,000,000 40,000,000 20,000,000

-

L~ -

-

lf)

- - Revenue

-----

--

-

--

- -Actual Expenditures - - Budgeted Expenditures

I

~

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0

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p, p, ~

2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 201Ist 2014

General Fund Year End Balance Genera l Fund

2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

Actua l

2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

20,000,000

3,275,047 5,917,651 9,177,728 12,271,279 15,817,563 18,504,373 13,495,280 6,886,398 9,733,881 7,908,583 8,357,210

4.44% 7.51% 11.25% 14.28% 16.98% 18.82% 13.62% 6.92% 10.20% 8.02% 8.40%

15,000,000 10,000,000 5,000,000

2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

Budget

Rec

19% 19% 19% 19% 19% 19% 19% 19% 19% 19% 19%

73,800,873 78,765,389 81,598,219 85,961,600 93,142,181 98,346,912 99,051,137 99,541,061 95,440,356 98,601,265 99,445,788

Reserves as a Percent of Budget 20.00% 18.00% 16.00% 14.00% 12.00% 10.00% 8.00% 6.00% 4.00% 2.00% 0.00%

- - Actual - - Rec

2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

Mill Levy

Change

Mill Levy

40.734 43.043 42.091 41.850 41.919 41. 662 40.117 40.965 41.016 43. 165 44.196 48. 180

2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014

2.309 -0.952 -0.241 0.069 -0 .257 -1.545 0.848 0 .051 2.149 1.031 3.984

60.000 50.000 40.000

-----·--·-~- - ------

-------

·--·

-- -----------

30.000 20.000 10.000

.

2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014

KPERS - Employer Contribution

Cha nge

KPERS

2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014

3.07% 3.22% 3.41% 3.81% 4.31% 4 .93% 5.54% 6.14% 6.74% 7.34% 7.94% 8.84%

4 .89% 5.90% 11.73 % 13.12% 14.39% 12.37% 10.83% 9.77 % 8.90% 8. 17% 11.34%

10 yr increa se 158.63 %

10.00% 9.00% 8.00% 7.00% 6.00% 5.00% 4.00% 3.00% 2.00% 1.00% 0.00%

--~·---

--

---·-

----------~--~

-----------

---------------···-----------

--- -

---·-·------------------------------

-------·-·····--·---------------

2003 2004 2005 2006 2007 2008 2009 2010 201 1 2012 2013 2014

KP&F

2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014

10.20% 12.63% 14.61% 15.21% 16.00% 16.62% 16.18% 15.47% 17.11% 18.94% 19.53% 22 .26%

KP&F- Employer Contribution 23 .82% 15.68% 4.11% 5.19% 3.87% -2.65% -4.39% 10.60% 10.70% 3.12% 13.98%

1 25 .00% 1

2o.oo%

I 15.00%

10 yr increase 91.47%

I

1o.oo%

I

5.00%

I

0.00% 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014

3/712014 A

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2012 Actual

FUND

2011

2013 Budget

2012

201 4 Budget

Mill Levv

Am t. Levied

Mill Levv

Req uest

1,055 ,727 129,110 46,495 45 ,000 615 ,013 65 ,700 1,826 ,512 1,025 ,540 621 ,583 241 ,931 122.500 20,000 15,000 40,000

6 AMBULANCE 7 ANIMAL SHELTER

8 CI/CO COMM UNITY RE SOURCES 9 CONSERVATION DISTRICT 10 EXTENSION CO UNCIL 11 FAIR ASSOCIATION

MENTAL HEALTH- VALEO MENTAL RETARDATION- TARC SERVICE PROGRAMS ELDERLY SOCIAL SERVICE GRANTS H EAL THACCESS (Prescription Program)

17 SAFE STREETS 18 DRUG COURT - APPROVED BY BCC 6/3/13

19 20 21 22 23 24 25 26

I Rl

s

I

2014 SHAWNEE COUNTY BUDGET AS APPROVED 8122113

1

12 13 14 15 16

Q

SUCCESSFUL CONNECT IONS (United Way)

1,057 ,798 129,110 46,495 45 ,000 615 ,013 65 ,700 1,826 ,512 1,025 ,540 621 ,583 241 ,931 122,500 20 ,000 15,000 42 ,000

-

TPAC

1,057 ,798 129,110 55 ,000 45,000 615 ,01 3 73 ,000 2,029,458 1,072 ,841 622 ,000 242 ,000 122,500 20 ,000 15,000 42 ,000

-

-

2014 B udget Amt. Levied

Adlust (200 ,000) (12,911) (21 ,935) (5 ,000) (61 ,501) (13,000) (502 ,946) (197,156) (80,417) (100,069) (10,000)

(42 ,000)

-

857 ,798 116,199 33 ,065 40 ,000 553 ,512 60 ,000 1,526,512 875 ,685 541 ,583 141 ,931 122,500 10,000 15,000

-

I I

Percent age 2013

Difference

Change

Mill Levy

201 3 & 2014

From 2013

(200 ,000) (12 .911) (13,430) (5 ,000) (61 ,501) (5 .700) (300 ,000) (149 ,855) (80 ,000) (100,000) 0 (10,000) 0 (42 .000) 0

-18.91 % -10.00% -28.88% -11.11 % -10.00% -8.68%.

-16.42% -14 .61 % -12.87% -41 .33% 0.00% -50.00% 0.00% -100.00%

CLERK REGISTER OF DEEDS SHERIFF TREASURER

752 ,966 3,054 ,625 232,489 13,993 ,668 33 1,659

804 ,244 3,431 ,286 220,452 14.303 ,573 419 ,216

891 ,875 4,284 ,387 238 ,591 17,577 ,045 569 ,591

(122,445) (603 ,101 ) (40 ,184) (2 ,857 ,339) (142,296)

769,430 3,681 ,286 198,407 14,719,7 06 427 ,295

(34,814) 250 ,000 (22.045) 0 8,079

GENERAL EXPENSE - All other GENERAL EXPENSE- COPs

2,468,918 3,881 ,221 5,764,407

2,287 ,873 3,500 ,000 7,220 ,422 500 ,000 1,000 ,000 40 ,000

2,300 ,500 5,948,751 6 ,350 ,326 500 ,000 1,000 ,000

(12,627) (2.273 ,138) 313 ,091

2,287 ,873 3,675 ,613 6 ,663.417 500 ,000 1,000 ,000

0 175,613 (557 ,005) 0 0 (40 ,000) 0 (81 ,149) (26 ,977) (5 ,000) (9 .980) (6 .025)

DEBT SERVICE CONTINGENCY

729 ,464

CAPITAL OUTLAY CAPITAL OUTLAY - Maner Coni Centre APPRAISER AUDIT FINANCE/PURCHASING BOARD CO UNTY COMMISSIONERS COUNSELOR CO UNSELOR- TAX FORECLOSURE

-

-

CAPITAL OUTLAY - Parl<s & Rec

-

----

1,490,419 562 ,394 277 ,682 511 ,794 33 ,33_1_L_

- - ---

1,622 ,988 539 ,532 285 ,650 554 ,133 34,000

路--

2,000 ,000 1,604 ,554 539 ,532 307 ,434 562.153 34 ,232

(2,000 ,000) (62,715) (26 ,977) (26 ,784) (18.000) (6 .257)

1,541 ,839 512 ,555 280 ,650 544.153 27 ,975

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r=l

-4.33% 7.29% -10 .00% 0.00% 1.93%

?7 GENERAL FU ND

28 29 30 31 32 33 34 35 36 31 38 39

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-5.00% -5.00% -1 .75% -2.72%

0..

0.. ~

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3 COURT SECURITY COURTS- ADMINISTRATIVE JUDGES COURTS- COURT SERVICES COURTS- CLERK OF DISTRICT COURT COURTS-IT DISTRICT CORONER ELECTIONS

FACILITIES MANAGEMENT & HR HUMAN RESOURCES HEALTH AGENCY HEALTH AGENCY(Gatekeepers & other servic INFORMATION TECHNOLOGY IT- TELEPHONE JAIL- DETENTION FACILITY

51 JAIL- EXPANSION

58 59 60 61 62 63 64

JAIL HEALTH SERVICES JAIL TRUSTEE PROGRAM JAIL FOOD SERVICE P & R- RECREATION DEPARTMENT P & R- PARK DEPT P& R- GOLF P & R- PARK POLICE

65 P & R- ADMINISTRATION 66 PLANNING DEPARTMENT 67 PW- ROAD & BRIDGE ADMINISTRATION

406 ,993 1,824,387 115,427 158,287 115,678 380 ,228 1,143,610 228 ,563 1,383,310 104,390 549 ,726 228 ,037 4 ,386 ,731 222,316 2,762 ,547 81 ,682 14,925 ,140 80 ,150 2,711 ,828 112,980 960,480 5,696 ,134 5,450,704 1,616,781 266,414 1,969 ,967 277,483 1,726,458

68 PW- ROAD MAINTENANCE 69 PW- BRIDGE MAINTENANCE

3,731 ,604 536 ,540

10 PW- EQUIPMENT MAINTENANCE

1,557 ,071 313 ,360

71 WEED DEPARTMENT 12 73 STEP INCREASE 7~

SCALE CHANGE

201 1 Mill Levy

FUN D

47 EMERGENCY MANAGEMENT 48 EXPOCENTRE 49 EXPOCENTRE CAPT IAL OUTLAY 50 51 52 53 54 55 56

s

T

I

2

~6

R

2014 SHAWNEE COUNTY BUDGET AS APPROVED 8122113

1

4 40 41 42 43 44 45

Q

20 13 Budget Amt. Levied 416 ,133 1,898 ,625 225 ,124 208 ,417 120,863 405 ,777 986 ,183 242 ,348 1,383 ,310 104,390 PARKS & REC 252 ,866 4 ,603 ,451 222 ,316 2,893 ,889 175,632 15,524 ,220 76 ,200 2,570 ,044 128,257 924 ,042 5,696 ,369 6 ,113,304 1,600 ,815 329 ,946 1,440 ,607 281 ,794 1,776 ,247 3,756 ,620 540 ,404 1,563 ,960 346 ,084

2012 Mill Levy

201 4 Budget Request SHERIFF 1,860 ,615 224 ,700 208 ,410 115,794 405 ,777 1,354 ,718 297 ,783 1,408,021 250 ,000

331 ,014 4 ,603,451 222 ,316 3,408 ,379 165,100 15,472 ,693 76 ,200 2,627 ,645 129,998 944 ,441 6,206 ,670 6,629 ,877 1,727 ,547 472 ,934 2,165,569 266 ,280 1,630 ,742 4 ,848 ,396 455 ,775 1,524 ,868 447 ,033

2014 Budget Adjust

Amt. Levied

(65 ,019) 424 7 5,069

(122 ,718) (97 ,783) (24 ,711) (145 ,610)

(103 ,435) (260 ,261) (222 ,316) (659 , 184) (85 , 100)

-

(2 ,028,405) (516 ,573) (126,732) (142 ,988) (724 ,962) 65 ,514 6,450 (1 ,317,000) 27 ,500 (39 ,500) (247 ,033)

1,795,596 225 ,124 208 ,417 120,863 405 ,777 1,232 ,000 200 ,000 1,383 ,310 104,390

227 ,579 4,343 ,190

2,749 ,195 80 ,000 15,472 ,693 76 ,200 2,627 ,645 129,998 944,441 4 ,178,265 6,113,304 1,600 ,815 329 ,946 1,440 ,607 331 ,794 1,637 ,192 3,531 ,396 483 ,275 1,485 ,368 200 ,000

I

Percentage 2013 Mill Levy

Difference

Change

201 3 & 2014 From 2013 0 0.00% (103 ,029) -4.20% 0 0 0 0 24.93% 245 ,817 (42 ,348) -17.47% 0 0.00% 0 0 (25 ,287) -10.00% (260 ,261) -10.00% (222 ,316) (144 ,694) -7.83% (95 ,632) (51 ,527) 0.15% 0 57 ,601 1,741 20 ,399 (1 ,518 ,104) -10.00%

50 ,000 (139 ,055) (225 ,224) (57 , 129) (78 ,592) (146 ,084) 0

-

0

17.74% -6.55%

-42 .21%

317/201 4 A

I BI

c

lol

E

I I

G

I HI

I

I JI

K

M

IL

Nl

0

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Q

l R[

s

T

2014 SHAWNEE COUNTY BUDGET AS APPROVED 8122113

1

Percentage

2 2012 Actual

3

FUND 4 75 HEALTH AGENCY IN CREASE

2011

2013 Budget

2012

2014 Budget

Mill Lev~

Amt. Levied

Mill Levy

Request

Adjust

2014 Budget

2013

Difference

Change

Amt. Levied

Mill Levy

2013 & 2014

From 2013

-

0

/b

77

TOTAL EXPENDITURES

95,980,154

99,445,788

79 NON-LEVY PROJECTED REVENUE 80 INCREASE IN GENERAL FUND BALANCE 81 NEIGHBORHOOD REVITALIZATION REBATE 82 EXPECTED TAX DELINQUENCIES - 4.25%

111,332,437

(15,950,073)

95,382,364

(29,772,992)

(28,417 ,700)

(6,964,681)

3,000,000

0

798,413

3,135,406

3,007,431

(4,063,424)

dj

84 LEVIED AMOUNT 85 VALUATION FOR YEAR OF LEVY

95,980,154

43.165

65,843,521

1 ,491 ,665,028

1,489,820,009

7 ,908 ,583

4 ,698 ,283

73,770,508

48.187

1,530,923,812

1.031

86 LEVY INCREASE (DECR) BETWEEN YEARS 87 GENERAL FUND- PROJ ENDING BALANCE ,

44.196

3.991 7,698,283

(4,063,424)

Real, Personal and State Assessed Property -Assessed Value w/o PP Penalties

BUDGET LEVY YR 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 2004

ASSESSED VALUE 1,530,923,812 1,489,820,009 1,491 ,665,028 1,478,394,673 1,489,240,145 1,513,890,570 1,513,306,931 1,478,677,621 1,427,520,824 1,362,854, 701 1,293, 105,478

2013- Est 2012 2011 2010 2009 2008 2007 2006 2005 2004 2003

PERCENT CHANGE 2.76% -0.12% 0.90% -0.73% -1.63% 0.04% 2.34% 3.58% 4.74% 5.39%

3.55% Increase since low 2.80% Increase- 4 yr 1.13% Increase - 5 yr

18.39% Increase - 10 yr BUDGET

County Clerk Appraiser Register of Deeds

Total

2010 827,884 1,973,543 398,132 3,199,559

2011 798,709 1,951,669 261,000 3,011,378

2012 753,772 1,588,192 277,258 2,619,222

2013 804,244 1,622,988 220,452 2,647,684

2014 769,430 1,541,839 198,407 2,509,676

1

FUND

2013 Budget Amt. Levied

2014 Budget Amt. Levied

Difference 2013 & 2014

Percentage Change From 2013

I

ALLOCATIONS

AMBULANCE ANIMAL SHELTER CI/CO COMMUNITY RESOURCES CONSERVATION DISTRICT EXTENSION COUNCIL FAIR ASSOCIATION MENTAL HEALTH- VALEO MENTAL RETARDATION- TARC SERVICE PROGRAMS ELDERLY SOCIAL SERVICE GRANTS HEAL THACCESS (Prescription Program SAFE STREETS DRUG COURT SUCC ESSFUL CONNECTIONS (United TOTAL

1,057,798 129,110 46,495 45,000 615,013 65,700 1,826,512 1,025 ,540 621 ,583 241 ,931 122,500 20 ,000 15,000 42 ,000 5,874,182

857 ,798 116,199 33,065 40,000 553,512 60,000 1,526 ,512 875,685 541 ,583 141,931 122,500 10,000 15,000

4,893,785

(200,000) (12,911) (13,430) (5,000) (61 ,501) (5,700) (300,000) (149,855) (80,000) (100,000) 0 (1 0,000) 0 (42,000) (980,397)

-18.91% -10.00% -28.88% -11 .11% -10.00% -8.68% -16.42% -14.61% -12.87% -41 .33% 0. 00% -50.00% 0.00% -100.00%

-16.69% --

fund, which by law are to be used only for the purchase, establishment, maintenance, or expansion of park and recreational services, programs, and facilities.

Beginning January 1, 2012, or as soon thereafter as practicable, the City will transfer to the County the amount levied for funding City Parks and Recreation as set forth below. For the purpose of this paragraph, the baseline for calculating the amount to be transferred to the County shall be 2011. In 2011, the amount levied by the City was $5,011,893.

•

2012- City will transfer 80% of the baseline year.

•

2013- City will transfer 60% of the baseline year.

•

2014- City will transfer 40% of the baseline year.

•

2015 - City will transfer 20% of the baseline. year.

•

2016 and thereafter- City will transfer 0% of the baseline.

Fifty percent (50%) ofthe transfer of funds shall be completed on or by February 1st of each year. The remaining amount shall be transferred by July 1st of each year.

Consistent with the Kansas Cash Basis Law, K.S.A. 10-1113 et seq., transfers of funds levied for funding City Parks and Recreation shall be contingent upon the levy and collection of funds budgeted for this purpose.

10.

INDEMNIFICATION.

The City hereby agrees to indemnify, defend and hold

harmless the County and its employees and officers from any clailns, causes of action; demands, lawsuits, judgments, fees, workers compensation claims, costs or expenses of any kind against the City as a result of the City's operation of the City Parks and Recreation Department that accrued prior to January 1, 2012.

11.

· SEVERABILITY. Each provisions of this Agreement shall be considered to be

separable and, if for any reason any such provision or any part thereof is determined to be invalid

APPENDIX, TAB 7 8

Moony's INVESTORS SERVICE

New Issue: Moody's assigns Aa2 to Shawnee County's (KS) $930,000 GO Bonds, Series 2013; negative outlook removed Global Credit Research- 01 Oct 2013 Aa2 rating affirmed on outstanding GO debt

SHAWNEE (COUNTY OF) KS Counties KS Moody's Rating

ISSUE

RATING

General Obligation Bonds , Series 2013 Sale Amount $930,000

Aa2

Expected Sale Date 10/04/13 Rating Description General Obligation

Moody's Outlook NOO Opinion NEW YORK, October 01 , 2013 --Moody's Investors Service has assigned a Aa2 to Shawnee County's (KS) $930,000 General Obligation Bonds , Series 2013. Proceeds of the bonds will be used to finance certain street and sanitary improvements within the county. The bonds are secured by the county's general obligation (GO) unlimited tax pledge which benefits from a dedicated property tax levy not limited by rate or amount. Moody's also affirms the Aa2 rating on the county's outstanding GO debt. Concurrently, Moody's affirms the Aa3 rating on the county's outstanding certificates of participation (COPs) Series 2007 A, 2007C , 2010 and 2012 and the A 1 rating on the county's outstanding COPs Series 2007B and 2009. Additionally , the negative outlook was removed . Post-sale, the county will have $44.5 million of certificates of participation and $43.5 million of general obligation debt outstanding.

SUMMARY RATINGS RATIONALE The Aa2 rating reflects the county's large but recently declining tax base that is anchored by the state of Kansas (issuer rated Aa1/negative outlook); recently stabilized financial operations following significant declines in reserves; available alternate liquidity; and affordable debt and pension levels. We have removed the negative outlook.

Strengths - Institutional stability provided by county seat Topeka (Aa3), which also serves as the Kansas state capital - Recent surpluses rebuilding reserve levels - Budgetary flexibility provided by alternate liquidity and unlimited levy raising authority Challenges -Trend of declining valuations -Average income indices - Fund balances below fund balance policy

APPENDIX, TAB 8

DETAILED CREDIT DISCUSSION LARGE TAX BASE ANCHORED BY KANSAS STATE CAPITAL; RECENT DECLINES IN VALUATIONS Despite recent declines in tax base valuation that reflect the broader economic downturn, we expect Shawnee County's economy to remain relatively stable due to institutional presence of government, healthcare and education sectors . The county is anchored by the City of Topeka, the Kansas state capital. The county's sizeable $9.9 billion tax base had grown at a steady pace prior to 2008. However, due to depreciation in residential values and state machinery exemption, the county's full valuation began declining in 2008 and largely continued through 2012. Notably , valuation increased modestly in 201 1, bringing the average annual rate of decline to 1.6% over the past five years. County officials , based on preliminary estimates, are expecting valuations to increase by 2-4% in 2013, reflecting a stabilization in real estate prices and some new development. The county's largest taxpayers include a few utilities with Westar Energy Inc. (3.3% of assessed value, Baa2 stable) which operates a coal fired power plant in Tecumseh.

The State of Kansas is the county's largest employer, with approximately 7,900 employees. Reflecting the current economic climate, the number of state employees has decreased from roughly 8,400 in prior years , and furlough days have been required of certain state employees . However, in the long term, we believe that the region's employment levels should remain sound as developments continue to occur. In addition to a significant government presence, the medical, transportation, and education sectors provide employment opportunities. The county's second largest employer is Stormont-Vail Medical Center with 4,100 employees . In addition , officials report new retail and commercial developments . A candy manufacturing company (Mars Inc.) is constructing a new $250 million plant and is expected to add 200 direct new jobs upon completion . The addition of the plant is expected to also generate indirect jobs and contribute to overall economic development in the county . The county's unemployment rate of 6.6% exceeds the state's 6.2% unemployment but remains below the nation's 7.7 %rate for July 2013. The county's population has increased in recent decades , with a 2010 Census population of 177,934 (4. 7% increase since 2000) . Resident income levels are on par with state medians with per capita and median family incomes at 99.2% and 98.1 %, respectively between 2006 and 2010.

IMPROVED FINANCIAL OPERATIONS AFTER DECLINES IN RESERVES ; FINANCIAL OPERATIONS SUPPORTED BY ALTERNATE LIQU IDITY The county's financial operations have improved following significant reductions in General Fund reserve levels .

Prior to fiscal 2009, the General Fund had consistently posted operating surpluses . In a reversal of this trend, the General Fund closed with significant operating deficits in fis cal2009 ($7 million) and fiscal2010 ($5.7 million), bringing the General Fund balance to $9.2 million , or a leaner 10.4% of revenues . Officials report the draws upon General Fund reserves were to provide property tax relief as overall revenues declined and property tax millage was not increased to offset expenses .

In order to regain structural balance, the county implemented various expenditure reductions and revenue enhancements. For fiscal 2011 , the county implemented a 10% reduction of departmental level budgets and the year closed with a $1 .2 million operating surplus . For fiscal 201 2, the county passed a balanced budget that includes a 2.14 millage increase in the property tax levy, and audited results show an additional $1.2 million surplus, bringing total General Fund balances back up to $11.9 million or 12.2% of General Fund revenues . Year to date estimates from fiscal 2013 point to balanced operations which will leave fund balances unchanged.

Currently, the county is below their prescribed fund balance policy which targets maintaining 15 to 18% of budgeted expenditures in reserve. To get in compliance with the county's fund balance policy, the county has included an approximately 2 mill property tax increase which is projected to generate $3 million in addition to $4 million in expenditure reduction measures in the 2014 budget. The $4 million reduction in expenditures will balance county operations and the $3 million generated from the increased millage is projected to increase General Fund reserves to a total of approximately $15 million.

Property taxes comprised the majority of General Fund operating revenues at 74% in fiscal2012. The county has a 0.5% countywide sales tax , which is used for capital projects and is not available for operations . Sales tax collections have improved in recent years after seeing some declines during the recession. The county's Capital Projects Fund had a sizeable balance of $9 million at the close of fiscal 2012, which can be available for operations if necessary. The recent stabilization of the county' s operations which have somewhat rebuilt reserve levels, coupled with the budgeted increase in the county's fund balances to regain compliance with its reserve policies, point to a satisfactory financial position in the near to medium term. Should reserve levels decline due to future structural imbalance, this could pressure the rating as reserve levels are already lower than similarly rated entities.

AFFORDABLE DEBT LEVELS WITH SOME FUTURE BORROWING PLANNED The county's debt levels are expected to remain manageable given its low debt burden and satisfactory rate of principal amortization. At 0.9% and 5.0% of full value, respectively , the county's direct and overall debt burdens slightly exceed median debt levels for counties in Kansas and the U.S. but are still affordable. A large portion of the county's overlapping debt is due to the borrowing by the City of Topeka and the Shawnee County Unified School District 501 (rated Aa2). Debt service comprised approximately 14% of the county's operating expenditures in 2012. The pace of principal retirement is satisfactory with approximately 80.6% of all debt retired in ten years. The county may issue approximately $6 million in bonds to finance a new kitchen in its jail facility and to upgrade its election equipment. All of the county's outstanding debt is fixed rate, and the county is not a party to any swap agreements.

Budgetary pressure generated by Shawnee County's exposure to two statewide cost-sharing pension plans, the Kansas Public Employees Retirement System (KPERS) and Kansas Police and Firemen's Retirement System (KP&F), is expected to remain manageable in the near term. Both plans are administered under KPERS, and the county has consistently made its required contributions to both plans in accordance with statutory requirements .

Total county pension contributions in fiscal2011 amounted to $3.5 million, which amounts to 3.7% of 2011 operating revenues. Contributions to KPERS are expected to increase by at least 0.6% of payroll and up to 1.2% of payroll annually through fiscal 2017. Moody's adjusted net pension liability (ANPL) for the county, under our methodology for adjusting reported pension data, is $97.2 million, or 1.0 times operating revenues , including the General Fund and Health Agency Fund compared to approximately 1.0 times on average for local governments.

Moody's ANPL reflects certain adjustments we make to improve comparability of reported pension liabilities. The adjustments are not intended to replace Shawnee County's reported contribution information, but to improve comparability with other rated entities. We determined Shawnee County's share of liability for the cost-sharing plans administered under KPERS in proportion to its contributions to the plan. We expect that the county will adequately incorporate rising pension costs into its budget while maintaining operational balance.

WHAT COULD CHANGE THE RATING UP - Sustained growth in reserve levels - Improvement in resident wealth indices WHAT COULD CHANGE THE RATING DOWN - Operational imbalance leading to declines in reserve levels - Significant deterioration in local economy and/or declines in valuations KEY STATISTICS 2010 Census population: 177,934 (4.7% increase from 2000) 2012 Full value: $9.9 billion (1.6% average annual decline since 2007) 2012 Full value per capita: $55,568 2006-2010 Per capita income: $25,705 (99% of KS: 94% of US) 2006-2010 Median family income: $61 ,250 (98% of KS; 97% of US) Shawnee County unemployment rate (July 2013): 6.6% (KS: 6.2%; US: 7.7%) Fiscal2012 General Fund balance: $11.9 million (12.2% of General Fund revenues) Direct debt burden: 0.9% Overall debt burden: 5.0% Estimated Principal amortization (10 years): 80.6% Long-term general obligation debt outstanding: $44.4 million Post sale certificate of participation debt outstanding: $44.5 million

PRINCIPAL METHODOLOGY The principal methodology used in this rating was General Obligation Bonds Issued by US Local Governments published in April 2013. An additional methodology used in rating the lease revenue debt was The Fundamentals of Credit Analysis for Lease-Backed Municipal Obligations published in December 2011 . Please see the Credit Policy page on www.moodys .com for a copy of these methodologies.

REGULATORY DISCLOSURES For ratings issued on a program, series or category/class of debt, this announcement provides certain regulatory disclosures in relation to each rating of a subsequently issued bond or note of the same series or category/class of debt or pursuant to a program for which the ratings are derived exclusively from existing ratings in accordance with Moody's rating practices . For ratings issued on a support provider, this announcement provides certain regulatory disclosures in relation to the rating action on the support provider and in relation to each particular rating action for securities that derive their credit ratings from the support provider's credit rating. For provisional ratings , this announcement provides certain regulatory disclosures in relation to the provisional rating assigned , and in relation to a definitive rating that may be assigned subsequent to the final issuance of the debt, in each case where the transaction structure and terms have not changed prior to the assignment of the definitive rating in a manner that would have affected the rating. For further information please see the ratings tab on the issuer/entity page for the respective issuer on www.moodys.com.

Regulatory disclosures contained in this press release apply to the credit rating and, if applicable, the related rating outlook or rating review.

Please see www.moodys.com for any updates on changes to the lead rating analyst and to the Moody's legal entity that has issued the rating.

Please see the ratings tab on the issuer/entity page on www.moodys.com for additional regulatory disclosures for each credit rating.

Analysts

Chandra Ghosal Lead Analyst Public Finance Group Moody's Investors Service Tatiana Killen Additional Contact Public Finance Group Moody's Investors Service Contacts

Journalists: (212) 553-0376 Research Clients: (212) 553-1653 Moody's Investors Service, Inc. 250 Greenwich Street New York , NY 10007 USA

Moonv's INVESTORS SERVICE Š 2013 Moody's Investors Service, Inc. and/or its licensors and affiliates (collectively , "MOODY'S"). All rights reserved.

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Salary Increase History for Shawnee County *Proposed

2013 2012 2011 2010 2009 2008 2007 2006 2005 2004 2003

Classified 1%,1 Step No Scale Change, No Steps No Scale Change, No Steps No Scale Change, Steps 2% plus Steps 1.5% plus Steps 2% plus Steps 2.0% plus Steps 1% plus Steps No Scale Change, Steps No Scale Change, Steps

CWA 1%, 1%7/1 plus step No Scale Change, No Steps No Scale Change, No Steps 2.0% plus Steps 1.75% plus steps Scale Fix Front End plus Steps 3% plus steps, plus Step 21 2.0% plus Steps, 3% to range 302 Scale Fix Phase Ill Scale Fix Phase II Scale Fix Phase I

FOP 2 Steps No Scale Change, No Steps Steps 2.0% plus Steps 2.0% plus Steps 3% plus Steps 2% plus Steps, Range Fix step 1,2 2.0% plus Steps 2.5% plus Steps 2.0% plus Steps 1.5% plus Steps

AFSCME 1%,3 steps ($.15 each) No Scale Change, No Steps No Scale Change, No Steps No Scale Change, Steps 1.5% plus Steps 1.5% plus Steps 2% plus Steps 1.5% plus Steps 1.5% plus Steps 1.5% plus Steps $0.15 adjustment to scale

Teamsters Clerical 1%, 1 Step No Scale Change, No Steps No Scale Change, No Steps No Scale Change, Steps 1.5% plus Steps 1.5% plus Steps 2% plus Steps 2.0% plus Steps 1% plus Steps 0% plus Steps Title Compression

Teamsters Public Works 1%, 1 Step No Scale Change, No Steps No Scale Change, No Steps No Scale Change, Steps 1.5% plus Steps 1.5% plus Steps 2% plus Steps 2.0% plus Steps 1% plus Steps 0% plus Steps 2.5% plus Steps

0"\

2013 2012 2011 2010 2009 2008 2007 2006 2005 2004 2003

Teamsters DOC 1%, 1 Step No Scale Change, No Steps No Scale Change, No Steps No Scale Change, Steps 1% plus Steps 1% plus Steps 3% plus Steps 2.0% plus Steps 1% plus Steps 0% plus Steps 2.5% plus Steps

Teamsters Parks 1%,1 Step No Scale Change, No Steps No Scale Change, No Steps No Scale Change, Steps 1% plus Steps 1% plus Steps plus scale fix 1.5% plus Steps plus scale fix 2.0% plus Steps 1% plus Steps 0% plus Steps 2.5% plus Steps

Teamsters Health Support 1%,1 Step No Scale Change, No Steps No Scale Change, No Steps No Scale Change, Steps 1.5% plus Steps 1.5% plus Steps 2% plus Steps 1.3% plus Step plus some Reclasses 1% plus Steps 0% plus Steps 2.5% plus Steps

Tab 10

=

Teamsters Health Professions Teamsters Process Servers

=

1%,1 Step No Scale Change, No Steps No Scale Change, No Steps BU Mergered With Clerical Unit No Scale Change, Steps No Scale Change, Steps 1.5% plus Steps 1.5% plus Steps 1.5% plus Steps 1.5% plus Steps 2% plus Steps 2% plus Steps 1.3% plus Step plus YOE cred 2.0% plus Steps 1% plus Steps 1% plus Steps 0% plus Steps 0% plus Steps 2.5% plus Steps 2.5% plus Steps

o:l ,c::r:

E-i

:X: H (:l

:z; ril

0..

0.. ,c::r:

'

Scale Change Comparison 2003

2004

2005

2006

2007

2008

2009

2010

2011

2012

2013

1.5 1.5

2 3.5

2.5 6

2

2 10

3 13

2 15

2 17

0 17

0 17

0 17

FOP FOP

8

Cumulative% Inc from 2003-2013 20 15

Classified Classified

0 0

0

2

0

3

2 5

1.5 6.5

2 8.5

0 8 .5

0 8.5

0 8.5

10

9 .5

Is 1 0 1

1.5 1.5

2 3.5

2.5 6

2

8

2 10

3 13

2 15

2 17

0 17

0 17

--

..

~--路-::-

~

- - FOP - -Classified

...

2.5 2.5

0 2.5

1

3.5

2 5.5

3 8.5

9.5

1 10.5

0 10.5

0 10.5

0 10.5

11 .5

0 rl

~

0 17

Cumulative% Inc from 2003-2013

:X: H

c:l

zw

20

Teamsters DOC Teamsters DOC

.

2oo3 2004 20o5 2oo5 20o7 2oo8 2oo9 2010 201路1路 2012 2013

L_____

FOP FOP

~

----

0..

0.. ,:1;

15 10

5 0 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

- - FOP

- -Teamsters DOC

Steps Comparison

FOP FOP

2003

2004

2005

2006

2007

2008

2009

2010

2011

2012

2013

1 1

1 2

1 3

1 4

1 5

1 6

1 7

1 8

1 9

0 9

2 11

Cumulative Step Inc from 2003-

I

2013 12

Classified Classified

1 1

1 2

1 3

1 4

1 5

1 6

1 7

1 8

0 8

0 8

1 9

1

10

-

----

~

8

: --~---

2 0

~

/

~

~路

..-..--~ 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

-

FOP - -Classifi ed

----

FOP FoP

1 1

1 2

1 3

1 4

1 5

1 6

Teamsters DOC Teamsters DOC

1 1

1 2

1 3

1 4

1 5

1 6

1

1

1 8

1 9

0 9

2 11

1 7

1 8

0 8

0 8

1 9

--~~---

I 1

Cumulative Step Inc from 20032013 15 10

5

~

0

2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

-

FOP

-

Teamsters DOC

2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

2003

2004

2005

2006

FOP

CPI

1.5 +2.3 = 3.8 2.0 + 2.3 =4.3 2.5 +2.3 = 4.8 2.0 + 2.3 = 4.3 2.0 + 2.3 = 4.3 3.0 +2.3 = 5.3 2.0 + 2.3 = 4.3 2.0 + 2.3 = 4.3 2.3 0 4.6

1.7 2.1 2.5 2.6 2.3 3.4 -.01 2.2 4.0 2.3 1.4

46.6 %

24.4%

2007

2008

2009

2010

2011

2012

-

FOP Cumulative

-

CPI Cumulative

2013

Source: Kansas City, MO-KS CPI-U.S . Bureau of Labor Statistics. The average step increase for the FOP under its pay plan is 2.3%.

APPENDIX, TAB 11

Deputy Labor Market Cost of living Comparison 2014 Fact Finding Actual Wages

2013 1

2

3

4

Douglas County

20.27

21.34 17.26

21.87 21.12 20.85

21.62 21.32

18.56 22 .12 21.79

22.41 18.13

6 22 .94

9 24.55

10 25.08

11 25.62

23 .12 22 .74

19.85 23 .61 23 .21

20.28 24.11

20.72 24.61

23 .68

24. 16

23.48 18.99

8 24.01 19.42

22.62 22 .27

7

Leavenworth County

16.40

20.80 16.83

Riley County Sedgwick County City ofTopeka

19.63 19.43

20.13 19.90

20.63 20.38

18.31

19.01

19.71

20.41

21 .11

21.81

Wyandotte County

17.30

18.57 14.76

19.84

22 .51 20.47

23.21 21.11

23.91 21.75

14.25

17.93 14.51

19.20

Butler County

16.66 14.00

15.02

15.27

15.53

15.78

Saline County

15.33

15.77

16.22

16.66

17.11

17.55

18.00

Reno County

14.59

14.91

15.22

15.54

15.86

16.17

16.49

17.18J

17. 66}

l!l.i3J

18.61[

19.09 J

19.56 J

20.04 J

JAverage

J

17.69

12 26.15

13

14

15

16

17

18

19

20

26.69

28.83 23.31

29.36

29.90

30.43

21.58

27 .76 22 .44

28.29

21.15

27 .22 22 .01

23 .74

24 .17

24.60

25 .11 24.63

25.60 25 .10

26. 10 25.57

26.60 26.05

28 .09

28 .59

29.09

27.46 30.22

27 .94 30.92

28.41 31.62

27.47 18.32

28.10

28 .74 18.83

22.87 27 .10

27.60 26.99

24 .61

25.32

26.02

26.72

27.42

22.38

23.02

23.65

24 .29

24 .93

28 .12 25 .56

26.52 28.82 26.20

16.29

16.54

16.80

17.05

17.30

17.56

17.81

18.07

18.44

16.03 18.88

19.33

19.77

20.22

20.66

21.10

21.55

17.44

17.75

18.07

18.39

18.70

19.02

19.65

22 .88 19.97

23 .33 20.28

23.77

17.12

21.99 19.33

22.44

16.80 205 lj

20.99 J

2147 J

21.94 J

22.42 J

22 .90 J

23.37 J

2385 J

24.33 J

24.80 J

25.28 J

25.76 J

26.23 J

29 .52 26.83

18.58

Shawnee County

20.60

$ Difference

25 .21 ($1.02)

% Difference

-4.1%

...,

C\l

~

Cost of living Converted Wages (www.bestplaces.net)

1

2

3

4

5

Douglas County

18.06

18.53

19.01

19.49

19.96

Leavenworth County Riley County

15.67 18.73

16.08 19.21

16.49 19.68

16.91 20.16

17.32 20.63

6 20.44

20.92

8 21.39

9 21.87

17.73

18.14

18.56

18.97

10 22 .34 19.38

11 22.82 19.79

12 23. 30 20.20

20.62

21.03

21.58 22.01 22.51

2206 22.48 23 .21

22.53 22.94 23.91

23.01 23.41 24.61

23.49 23.88 25.32

23.96 24.34

24.44 24.81

24.91 25.28

25 .39 25 .75

26.02

26.72

27.42

28 .12

25.86 26.21 28.82

13 23.77

14 24 .25

16

17

18

19

20

25.20 21.85

25.68 22 .27

26.16 22.68

26.63

27 .11

Cl

26.34 26.68 29 .52

26.81 27 .15 30.22

23.09 27.29 27.62

23.50 27 .76

ril D..

D..

30.92

Sedgwick County

19.21

19.67

20.14

20.61

City of Topeka

18.31

19.01

19.71

20.4 1

21.07 21.11

21.11 21.54 21.81

Wyandotte County

17.41

18.07

18.73

19.40

20.06

20.73

21.39

22.06

22 .72

23.38

24.05

24.71

25.38

26.04

26.71

27 .37

28 .03

28.70

29.36

Butler County

14.40

14.93 16.22

15.19 16.66

15.45

15.71

15.97

16.23

16.76 19.33

17.02 19.77

17.28 20.22

17.54

17.80

18.59 22.44

18.85 22 .88

18.16

18.48

19.45

19.77

20.10

20.42

23 .33 20.74

23.77

17.83

21. 10 19.13

18.33 21.99

19.11

20.66 18.80

18.06 21.55

21.12 J

21.59 J

22 .06 J

22.53 J

23 .00 J

23.47 J

23.93 J

24.40 J

24 .87 J

25.34 J

25.811

Saline County

15.33

14.66 15.77

17.11

17.55

18.00

Reno County

14.92

15.24

15.57

15.89

16.21

16.54

16.86

18.44 17.19

16.50 18.88 17.51

16.89J

17.36J

17.83J

18.30J

18:i7 J

19.24 J

19.71 J

20.18 J

20.65 J

JAve rage Shawnee County

-

nc=-

X

15 24.73 21.44

28 .08 31.62 30.03 19.37 21.07

$ Difference

25 .21 ($0.60)

% Difference

-2.4%

H

z

~

Current Annual Starting Wage Douglas County (Lawrence, KS) Leavenworth County (Leavenworth, KS) Riley County (Manhattan, KS) Sedgwick County (Wichita, KS) City of Topeka (Topeka, KS) Wyandotte County (Kansas City, KS) Butler County (EI Dorado, KS) Saline County (Salina, KS) Reno County (Hutchinson, KS)

$42,162 $34,112 $40,830 $40,414 $38,085 $34,653 $29,120 $3L886

$37,560 $32,591 $38,966 $39,948 $38,085 $36,204 $29,959 $3L886

$3~~7

~L~5

Current Annual Max Wage Douglas County (Lawrence, KS) Leavenworth County (Leavenworth, KS) Riley County (Manhattan, KS) Sedgwick County (Wichita, KS) City of Topeka (Topeka, KS) Wyandotte County (Kansas City, KS) Butler County (EI Dorado, KS) Saline County (Salina, KS) Reno County (Hutchinson, KS)

Converted Annual Starting Wage

$63,294 $51,168 $60,507 $59,093 $65,770 $59,779 $39,166 $49,441 $42,848

Converted Annual Max Wage

$56,386 $48,886 $57,744 $58,411 $65,770 $62,455 $40,294 $49,441 $43,819

% Difference

Difference

$4,602 $1,521 $1,864 $466 $0 -$1,551 -$839 $0 -$688

12% 5% 5% 1% 0% -4% -3% 0% -2%

% Difference

Difference

$6,908 $2,282 $2,763 $682 $0 -$2,676 -$1,128 $0 -$971

12% 5% 5% 1% 0% -4% -3% 0% -2%

Turnover

Reg Ees

All Reg Employees Average Number Ees %Tu rn Quart

1st09 49 1079.45 4 .5%

2nd 09 35 1115 .95 3.1%

3rd 09

4th 09

1st 10

2nd 10

43 1117.6 3.8%

25 1129.6

33 1135.85

2.2%

2.9%

43 1127.6 3.8%

152 13.7%

Ann Terms Annual Turn Rate

FOP BU

FOP TERM

Ret Res

3rd 10 34 1126.85 3.0%

2 1

0

1

0

1

4

l

l

1 3

1

1

4th 10 44 1109.85

1st 11

4.0%

39 1075.35 3.6%

2nd 11 45 1048.45 4 .3%

3rd 11 35 1065.45 3.3%

4th 11 56 1030.7

1st 12 33 1013.95

5.4%

3.3%

FOP Employees

52 1029.7

4th 12 36 1066.45

41 1077.45

2nd 13 49 1081.95

5.1%

3.4%

3.8%

4 .5%

3rd 12

154

175

181

13.7%

16.6%

17.4%

u

u

L

l

l

l

2

,

v

v

1st 13

3rd 13 35 1094.95 3.2%

As of 3/7/14 1st 14â&#x20AC;˘ 33 61 1050.25 1043 .25 5.8% 3.2% 4th 13

v

3

1

1

1

1

3

90 3.3%

1

Oism

%Turn Quart FOP Only

2nd 12 60 1058.3 5.7%

94 2. 1%

99 0.0%

101 1.0%

100

96

98

96

96

96

97

96

95

0.0%

4 .2%

1.0%

1.0%

O.!l"-'

0.0%

2. 1%

1.0%

1.1%

94 1.1%

91 3.3%

91 0 .0%

91

90

93

93

92

0.0%

0 .0%

1.1%

0.0%

1.1%

881 3.9% average

22 8 12 2

2.5%

1.1% average

FOP vs Reg Ees Turnover 70 60 50 40 30 20 10

r'1 ~~~~~~~~~~~ ~~~ ~~~~~~~

09 09 09 09 10 10 10 10 11 11 11 11 12 12 12 12 13 13 13 13 14.

-

FOP TERM

-

All Reg Employees

rl (:Q

~ >::

H

c:::l

:z; IIl

0..

0..

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