2024 - 2026 agreement by and between tacoma police union local

2024-2026 L6 CBA

2024 - 2026

AGREEMENT

BY AND BETWEEN

TACOMA POLICE UNION

LOCAL #6, I.U.P.A.

AND

CITY OF TACOMA

2024-2026 L6 CBA

2024 - 2026

AGREEMENT

BY AND BETWEEN

TACOMA POLICE UNION LOCAL #6, I.U.P.A.

AND

CITY OF TACOMA

TABLE OF CONTENTS

PREAMBLE ................................................................................................................................................. 2

ARTICLE 1 - SUBORDINATION OF AGREEMENT ................................................................................... 2

ARTICLE 2 - RECOGNITION AND BARGAINING UNIT ............................................................................ 2

ARTICLE 3 - UNION MEMBERSHIP AND DUES ...................................................................................... 2

ARTICLE 4 - GRIEVANCE PROCEDURE .................................................................................................. 3

ARTICLE 5 - WORK STOPPAGES ............................................................................................................. 4

ARTICLE 6 - MANAGEMENT RESPONSIBILITY ...................................................................................... 5

ARTICLE 7 - VISITATION BY UNION REPRESENTATIVES .................................................................... 5

ARTICLE 8 - SAFETY STANDARDS .......................................................................................................... 5

ARTICLE 9 - COMPENSATION PLAN ....................................................................................................... 5

ARTICLE 10 - STANDARD WORKING CONDITIONS ............................................................................... 6

ARTICLE 11 – TERM OF AGREEMENT .................................................................................................. 12

ARTICLE 12 – SHIFT SCHEDULING FOR THE OPERATIONS BUREAU ............................................. 12

ARTICLE 13 – PERSONAL PROPERTY REIMBURSEMENT ................................................................. 14

ARTICLE 14 – UNION LEAVE OF ABSENCE .......................................................................................... 14

ARTICLE 15 – HOURS OF WORK ........................................................................................................... 15

ARTICLE 16 – OVERTIME ....................................................................................................................... 19

ARTICLE 17 – CALL-OUTS AND COURT APPEARANCES ................................................................... 20

ARTICLE 18 - VACATION, HOLIDAYS AND COMPENSATORY TIME OFF SCHEDULING ................. 21

ARTICLE 19 - POSTING OF AGREEMENT AND NOTICES ................................................................... 23

ARTICLE 20 - WORK ASSIGNMENTS..................................................................................................... 23

ARTICLE 21 - OFFICIAL NOTIFICATION ................................................................................................ 24

ARTICLE 22 - FAMILY LEAVE ................................................................................................................. 24

ARTICLE 23 - UNIFORMS AND GROOMING STANDARDS .................................................................. 25

ARTICLE 24 – APPENDICES AND AMENDMENTS ................................................................................ 25

ARTICLE 25 - PERSONNEL REDUCTION .............................................................................................. 25

ARTICLE 27 – DISCIPLINE ...................................................................................................................... 27

ARTICLE 28 - SAVING CLAUSE .............................................................................................................. 28

ARTICLE 29 – EMBODIMENT .................................................................................................................. 28

ARTICLE 30 - EMPLOYEE RIGHTS ......................................................................................................... 28

ARTICLE 31 - WORK FOR THE TACOMA VENUES AND EVENTS (TVE) ............................................ 32

ARTICLE 32 - TUITION REIMBURSEMENT ............................................................................................ 33

ARTICLE 33 – DRUG AND ALCOHOL TESTING PROGRAM ................................................................ 33

ARTICLE 34 – 4

OF JULY ..................................................................................................................... 34

ARTICLE 35 – LEOFF II VOLUNTARY EMPLOYEE BENEFICIARY ASSOCIATION (VEBA) ................ 35

ARTICLE 36 – INVESTIGATIVE SUSPENSION WITHOUT PAY ............................................................ 37

APPENDIX A ............................................................................................................................................. 38

APPENDIX B ............................................................................................................................................. 41

APPENDIX C ............................................................................................................................................. 44

APPENDIX D ............................................................................................................................................. 47

APPENDIX E ............................................................................................................................................. 50

Addendum A .............................................................................................................................................. 55

2024-2026 L6 CBA

2024 - 2026

AGREEMENT

BY AND BETWEEN

THE

TACOMA POLICE UNION LOCAL #6, I.U.P.A.

AND

CITY OF TACOMA

THIS AGREEMENT is between the CITY OF TACOMA (hereinafter called the City) and TACOMA

POLICE UNION LOCAL #6 (hereinafter called the Union) for the purpose of setting forth the

mutual understanding of the parties as to wages, hours, and other conditions of employment of

those employees for whom the City has recognized the Union as the exclusive collective

bargaining representative.

PREAMBLE

The City and the Union agree that the efficient and uninterrupted performance of municipal

functions is a primary purpose of this Agreement, as well as the establishment of fair and

reasonable compensation and working conditions for employees and the City. This Agreement has

been reached through the process of collective bargaining with the objective of fostering effective

cooperation between the City and its employees. Therefore, this Agreement and procedures which

are established for the resolution of differences is intended to contribute to the continuation of good

employee relations and to be in all respects in the public interest.

ARTICLE 1 - SUBORDINATION OF AGREEMENT

It is understood that the parties hereto and the employees of the City are governed by the

provisions of applicable state law, the City Charter, City Ordinances, City policies, rules, or

procedures, and Department policies, rules, or procedures. When any provisions of the City

Charter, City Ordinances, or City or Department policies, rules, or procedures conflict with or are

different than the provisions of this Agreement, the provisions of this Agreement are paramount

and shall prevail.

ARTICLE 2 - RECOGNITION AND BARGAINING UNIT

The City hereby recognizes the Union as the exclusive collective bargaining representative for the

purpose stated in Chapter 41.56 RCW as last amended of all employees commissioned under the

LEOFF System employed within the bargaining unit defined by classifications listed in Appendix A

to this agreement.

ARTICLE 3 - UNION MEMBERSHIP AND DUES

Section 3.1 The City agrees to deduct from the pay of each employee, who has so authorized it,

Union initiation fees, monthly dues, and assessments as certified by the secretary of the Union.

The City will rely on information provided by the Union regarding the authorization and revocation

of deductions, and the Union will provide such information to an email address provided by the

City. Upon receiving notice of the employee’s authorization from the Union, the City will deduct

from the employee’s pay the authorized deduction and remit the same to the Union no later than

the second payroll cycle following receipt of the authorization. The amounts deducted shall be

remitted monthly by the City to the Union on behalf of the employees identified by the Union as

authorizing the deduction(s). The Union shall provide the City with at least one full pay period

2024-2026 L6 CBA

notice of any change in the amount of Union initiation fees, monthly dues, and assessments. The

Union agrees to refund to the City any amounts paid to the Union in error on account of the

provisions of this Section upon presentation of proper evidence thereof. There shall be no

retroactive deduction of Union initiation fees, monthly dues, or assessments. The Union agrees to

indemnify and hold harmless the City from any action arising from this Section, unless caused by

the City's error or negligence.

Upon receipt of an employee request for authorization of payroll deduction of Union initiation fees,

monthly dues, or assessments, the City will forward the request to the Union electronically within

two weeks. The City will take no action upon receiving an employee request until receiving

confirmation from the Union to begin deductions.

The employee’s authorization will remain in effect until expressly revoked by the employee by

written notice to the Union in accordance with the terms and conditions of the authorization. The

cancellation will become effective no later than the second payroll cycle after receipt of the

confirmation from the Union that the employee has revoked authorization for deduction.

Section 3.2 The City will provide Union access to new employees entering the bargaining unit

prior to field training. The City will allow the Union at least thirty (30) minutes to meet with such

individuals during work hours and at their usual worksite or a mutually agreed upon location.

Section 3.3 An employee may cancel their authorization to have the regular initiation fees,

regular monthly dues, and assessments uniformly required deducted from their paycheck by

signed, written request to the City. The cancellation will become effective no later than the second

payroll cycle after receipt. The City shall provide a copy of each such request to the Union

electronically within two weeks of the cancellation.

ARTICLE 4 - GRIEVANCE PROCEDURE

Section 4.1 A grievance is hereby defined as an alleged violation of a specific Article of this

Agreement that is brought by the grieving party to the attention of the other party within thirty (30)

working days of the time the grieving party first became aware of the alleged violation. An alleged

violation of Article 27, Discipline, shall be submitted at Step 2 of this procedure. Working days

referred to in this Article shall be identified as Monday through Friday with the exclusion of holidays

recognized by the Employer. Such grievances shall be resolved in the following manner:

Step 1 The Union or aggrieved employee shall first present the grievance in writing setting

forth relevant facts including the alleged violation and the resolution requested to

the Deputy Chief, or designee, who shall review the grievance and render a written

decision within fifteen (15) working days of receipt of the grievance. The written

grievance at this step and at all steps thereafter, shall contain the following

information: (1) a statement of the grievance and the facts upon which it is based (2)

the alleged violation of this Agreement, including the section(s) violated and an

explanation how it was violated; (3) the remedy or adjustment sought; and (4) the

signature of the aggrieved employee or Union Representative.

Step 2 If the grievance is not resolved at Step 1, the Union or aggrieved employee may

submit the grievance in writing to the Police Chief within fifteen (15) working days of

receipt of the Deputy Chief’s decision. The Police Chief or designee shall render a

written decision within fifteen (15) working days of receipt of the grievance.

Step 3 If the grievance is not resolved at Step 2, the Union may, within fifteen (15) working

days from the completion of Step 2, give written notice to the Labor Relations

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Division Manager or their designee, with a copy to the Chief, of its intent to submit

the grievance to arbitration.

For non-disciplinary grievances, a representative of the Union and the Employer

shall attempt to agree on a neutral arbitrator within ten (10) working days of the

Union’s request to arbitrate. If unable to reach agreement, they shall immediately

request a list of seven (7) arbitrators from the Federal Mediation and Conciliation

Service (FMCS). Upon receipt of the list, both parties shall meet within ten (10)

working days to alternately strike names from the list until one name remains, who

shall serve as the neutral arbitrator. The Union shall strike first in the striking

process.

For disciplinary grievances, the arbitrator shall be assigned by PERC under the

arbitrator assignment process for law enforcement personnel disciplinary grievances

established by RCW 41.58.070.

The arbitrator shall issue a written decision within thirty (30) calendar days of the close of the

hearing or issue a bench decision if mutually agreed to and requested by both parties of this

Agreement. The decision shall be final and binding on both parties. The arbitrator shall have no

power to alter, amend or change the terms of this Agreement.

Section 4.2 Each party shall bear the expense of its own costs of preparing and presenting its own

case, including compensating its own representatives and witnesses. The Union and the Employer

shall share equally in the cost of services from the neutral arbitrator. If either party desires a record

of the proceedings, it shall solely bear the cost of such record.

Section 4.3 Any and all time limits specified in the grievance procedure may be waived by written

mutual agreement of the parties. Failure of the Union to submit the grievance in accordance with

these time limits without such waiver shall constitute abandonment of that specific grievance.

Should the Employer fail to submit a reply within the specified time limits without such waiver, the

Union may submit the grievance to the next step within the grievance procedure.

At any step in the grievance procedure, including prior to filing a timely grievance, either party may

request a meeting to discuss the facts and potential resolution of the grievance. If the parties

mutually agree to meet, all grievance timelines shall be held in abeyance until such time as the

parties are able to meet. If the grievance is unresolved after the meeting, the party needing to act

on the grievance shall have from the date of the meeting the period of time at the applicable step

set forth above in which to file or respond. (For example, the City shall have 15 working days from

the date of the meeting in which to respond at Step 1.)

ARTICLE 5 - WORK STOPPAGES

The City and the Union agree that the public interest requires the efficient and uninterrupted

performance of all City services, and to this end pledge their best efforts to avoid or eliminate any

conduct contrary to this objective: During the life of this Agreement, the Union shall not cause or

condone any work stoppage, strike, slowdown or other interference with City functions by

employees under this Agreement, and should same occur, the Union agrees to take appropriate

steps to end such interference. Employees covered by this Agreement who engage in any of the

foregoing actions, shall be subject to such disciplinary action as may be determined by the City.

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ARTICLE 6 - MANAGEMENT RESPONSIBILITY

The Union recognizes the prerogative of the City to operate and manage its affairs in all respects in

accordance with its lawful mandate, and the powers or authority which the City has not specifically

abridged, delegated or modified by this Agreement are retained by the City, including but not

limited to the right to contract for services of any and all types. The direction of its working force is

vested exclusively in the City. This shall include, but not be limited to the right to: (a) direct

employees; (b) hire, promote, transfer, assign and retain employees; (c) suspend, demote,

discharge or take other disciplinary action for just cause; (d) relieve employees from duty because

of lack of work or other legitimate reasons; (e) maintain the efficiency of the operation entrusted to

the City; (f) determine the methods, means and personnel by which such operations are to be

conducted and (g) take any actions necessary in conditions of emergency regardless of prior

commitments, to carry out the mission of the agency, provided, however, that items (a) through (g)

shall not be in conflict with City ordinances and personnel rules.

The Union reserves its right to bargain over the effects of management’s exercise of its rights

under this Article.

ARTICLE 7 - VISITATION BY UNION REPRESENTATIVES

Elected Union Officers may, after notifying the City official in charge, visit the work location of

employees covered by this Agreement at any reasonable time for the purpose of investigating

grievances or conditions on the job. During such investigations, such representatives shall confine

their activities to matters relating to this Agreement. City work hours shall not be used by

employees or elected Union Officers for the conduct of official union business or organized

meetings for the promotion of Union affairs. The Union shall furnish to the Chief of Police and the

Human Resources Director an up-to-date list of authorized elected Union Officers and shall keep

such list current.

ARTICLE 8 - SAFETY STANDARDS

Section 8.1 - Safety Committee The City and Union agree to a standing safety committee

pursuant to WAC 296-800-130. In addition to the representatives elected or appointed under WAC

296-800-130, the committee will include a representative appointed by the Union and the City

Safety Officer. The Committee will meet on a monthly basis or upon request of the chairperson

(rotated yearly) on City time, with a view of maintaining a safe working environment.

Section 8.2 - Safety Standards

A. All work shall be done in a competent and safe manner.

B. The City and the Union mutually agree that those applicable safety standards as

outlined in federal, state, city and department regulations legally binding upon the

City shall be complied with.

ARTICLE 9 - COMPENSATION PLAN

The Compensation Plan contained in Chapter 1.12 of the Official Code of the City of Tacoma as

now enacted or hereafter amended is hereby incorporated as part of this Agreement for the

purpose of information for the members of the Union. Nothing in this section shall be construed to

permit variances from the terms of this Agreement without the mutual consent of the parties, or to

constitute a waiver of the parties' obligation to collectively bargain.

2024-2026 L6 CBA

ARTICLE 10 - STANDARD WORKING CONDITIONS

Section 10.1 Vacations shall be as provided in Section 1.12.220 of the Official Code of the City of

Tacoma. This section provides in part for the following:

A. Rate of accrual of vacation leave.

1. Employees shall accrue vacation leave by reason of tenure based on the

following schedule of aggregate City service:

Years of Accrued Hours Days of

Service Per Pay Period Vacation Leave

0 – 3 3.69 12

4 – 7 4.60 15

8 – 13 5.22 17

14 – 18 6.14 20

19 6.45 21

20 6.76 22

21 7.07 23

22 7.38 24

23 7.69 25

24 8.00 26

25 8.31 27

26 8.62 28

27 8.93 29

28 9.24 30

The appropriate bi-weekly accrual shall be credited for each bi-weekly pay

period in which the employee is in a paid status.

Vacation accruals based on tenure shall be credited at the first of the

calendar year in which any of the above periods of aggregate City service

will be completed.

2. No employee shall earn more vacation in any one calendar year than the

above stipulated days and new employees shall accrue vacation based on

the above schedule beginning from the date of their appointment.

3. Vacation leave may not be taken without the prior approval of the appointing

authority and may not be taken in the pay period in which it was earned.

Vacation leave shall be scheduled so as to meet the operating requirements

of the City and, as far as practicable, the preferences of the employees.

4. Vacation accrual balances shall not exceed an amount equal to two (2)

years' accruals.

Section 10.2 - Sick Leave Sick allowance with pay shall be as provided in Section 1.12.230 of

the Official Code of the City of Tacoma. This section provides in part the following:

A. Each regularly employed full-time employee shall accrue sick leave at the rate of

3.69 hours per pay period of service. There is no limit to the number of days’ sick

leave an employee may accrue.

B. Effective upon City Council ratification, an employee separated from service due to

death, retirement for disability, or length of service retirement shall have their sick

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leave cashed out and deposited into the employee’s PORAC – RMT account, with

no employee election to receive the amount in cash, according to the following tiers:

• At the rate of twenty – five percent (25%) for hours 1 through 400

• At the rate of thirty-three percent (33%) for hours 401 through 800

• At the rate of fifty percent (50%) for the hours of 801 and above

For example: an employee with 600 hours of sick leave at retirement would receive

a deposit to PORAC RMT consisting of a 25% cash out of 400 hours, plus a 33%

cash out of 200 hours.

An employee separated in good standing from service for any other reason is

compensated to the extent of ten (10) percent of their sick leave accruals, up to a

maximum accrual of one hundred twenty (120) days.

C. In the event that an employee is sick or injured or otherwise qualifies for sick

benefits while they are on vacation, and it can be established that the employee is

incapacitated due to illness or injury the day or days that they are sick under these

circumstances shall be carried as sick rather than vacation, and they will, for all

purposes, be treated as though they were home solely for the reason of their illness

or injury.

Section 10.3 - On-the-Job Injury

A. Coverage shall be as provided in the Joint Labor Committee contract.

B. For all employees, sick leave will be credited and debited to each employee in the

same amounts, and under the same policies governing all City employees.

Section 10.4 - Injury/Illness Reinstatement A LEOFF II employee separated from City service

due to a documented and reported injury or illness, at the time of separation, shall be reinstated

provided the employee is mentally and physically fit to perform the duties of the position.

Section 10.5 - Holidays Holidays shall be as provided in Section 1.12.200 of the Official Code of

the City of Tacoma. This section provides in part that the following and such other days as the City

Council, by resolution, may fix, are holidays for all regularly employed full-time employees of the

City and shall be granted employees or days off in lieu thereof. The holiday balance for each

employee will be calculated and accrued on an hour for hour basis (13 holidays multiplied by the

length of the employee's assigned work shift as of January 1 of each year).

A. New Year's Day (January 1)

Martin Luther King Day (3rd Monday in January)

President's Day (3rd Monday in February)

Memorial Day (last Monday in May)

Juneteenth (June 19

)

Fourth of July

Labor Day (1st Monday in September)

Veterans' Day (November 11)

Thanksgiving Day (4th Thursday in November)

The day immediately following Thanksgiving Day

Christmas Day (December 25)

B. In order for an employee to receive holiday pay, that employee must be in a paid

status on either the regularly scheduled workday immediately preceding the holiday

or the regularly scheduled workday immediately following the holiday.

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C. Work performed on the 4th of July, Thanksgiving and Christmas Day from 0001 to

2400 hours shall be paid at the time and one-half (1-1/2) rate. Work performed on

the 4th of July for the Freedom Fair (or an equivalent event), or fireworks patrol is

addressed in Article 34.

In addition to the days listed above, eligible employees shall receive two (2) additional paid holidays per

calendar year for which time off shall be mandatory. To be eligible for these holidays, employees must

have been or are scheduled to be continuously employed by the City for more than four (4) months as a

regular, probationary, or appointive full-time employee during the calendar year of entitlement.

Section 10.6 - Pension Pensions for employees and contributions to pension funds will be

governed by the Washington State Statutes in existence at the time.

Section 10.7 - Liability Insurance The City shall provide at least the current level of liability

protection under its self-insurance program, providing substantially the same protection that had

been provided here under before the City became a self-insurer.

Section 10.8 – Insurance

Domestic Partners. The City will make benefits available to domestic partners, including

insurance, paid leave and statutory Family and Medical Leave, on the same basis that those

benefits are provided to employee spouses. Domestic partners will be recognized if the domestic

partnership is registered with or recognized by the State of Washington pursuant to RCW 26.60;

provided, that the City will continue to recognize domestic partnerships on file with the City as of

December 31, 2016, until the participating employee’s separation from employment or dissolution

of the domestic partnership, whichever occurs first.

A. Medical Insurance Plans.

1. Effective the first of the month following the effective date of the Agreement,

or as soon thereafter as the City can complete an appropriate transition, the

existing medical and hospital insurance plans provided by the City will be

updated with the Regence PPO Plan (PPO), the Regence High Deductible

Health Plan/Health Savings Account (HDHP/HSA) Plan and Kaiser

Permanente HMO Plan as described in Appendix C. The City will continue to

provide medical insurance to employees and their eligible dependents

through the plans described in Appendix C.

2. Eligibility. Employees and their dependents are eligible for coverage

beginning on the first day of the calendar month following the date of hire,

unless the date of hire is also the first working day of the calendar month, in

which case benefits eligibility begins on the date of hire.

3. Default Options. If an employee fails to enroll or waive medical coverage

within the required enrollment period, the employee will be automatically

enrolled in the City’s default medical plan. The default plan shall be the

Regence PPO Plan.

4. Employee Contributions to Premiums. Employees selecting employee-only

coverage will contribute $50 per month towards the premium costs of

medical insurance. Employees insuring dependents will contribute $100 per

month towards the premium costs of medical insurance. Employee

contributions towards premium costs of medical insurance shall not increase

during the term of the agreement.

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5. Contributions to HSA Accounts. Employees who select the Regence

HDHP/HSA option will receive an annual contribution to a health savings

account in the amount of $500 per year for employees selecting employee-

only coverage and $1,000 per year for employees insuring one or more

dependents; provided that for employees participating in wellness as

described in Section 10.5.C below, the contributions will be $1,250 per year

for employees selecting employee-only coverage and $2,500 per year for

employees insuring one or more dependents. Contributions will be deposited

on a biweekly basis. Employees may contribute to their own accounts up to

the maximum dollar value permitted by applicable law.

B. Wellness Credit. Employees participating in wellness will receive a $20 per month

credit toward their premium contribution for medical insurance coverage under the

Regence PPO Plan or Kaiser Permanente HMO Plan, or a $40 per month credit

toward their premium contribution for coverage under the Regence HDHP/HSA

Plan.

To receive the incentive, employees must earn the incentive by meeting the annual

Wellness Program requirements completed during the incentive tracking period as

identified in (Appendix D).

Employees or their eligible dependents may not be insured on more than one City

medical insurance plan. If an employee has a spouse/domestic partner or adult child

under the age of 26 working for the City, and each completes the participation

requirements of the Wellness Incentives, each employee will receive the Wellness

Credit toward the employee premium contributions for medical insurance coverage.

C. Dual Coverage. Effective the first of the month following the effective date of the

Agreement, no City employees or eligible dependent may be insured under more

than one City medical, dental, or vision insurance plan. Employees whose

spouses/domestic partners/children up to age 26 are eligible for medical insurance

benefits through the City will share the costs of insurance as follows:

1. Employees Choosing the Same Plan – One spouse/domestic partner will be

placed on the other’s medical, dental, or vision insurance, and the primary

spouse/domestic partner will pay the appropriate premium cost for family

coverage.

2. Employees Choosing Different Plans – If spouses/domestic partners elect

coverage under different plans, they may not provide coverage to their

spouse/domestic partner on their medical, dental, or vision insurance plan.

Each employee will pay the appropriate cost share (individual or family)

depending on whether they include children on their plan.

3. Children up to Age 26 – Benefit-eligible employees whose parents are City

employees must elect coverage in their name (paying the applicable

premium contribution) or coverage as a dependent on their parent’s plan

(with no premium contribution), but may not receive coverage under two

medical, dental, or vision insurance plans.

D. Dental/Vision. The City will provide dental and vision insurance to employees and

eligible dependents according to the terms of its insurance plans. The City will pay

the full premium cost for dental and vision insurance for employees and eligible

dependents.

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E. Opt Out With Proof of Insurance. Subject to any applicable legal restrictions

imposed by the Employer’s medical, dental and vision insurance providers, full-time

and part-time employees may choose to opt out of the Employer provided medical,

dental and/or vision insurance. To be eligible to opt out of the medical, dental and/or

vision insurance, full-time permanent, project, appointive, and temporary pending

exam employees shall be required to: (i) provide the Employer with written proof of

alternative medical, dental and vision insurance coverage; and (ii) notify the

Employer in writing within thirty (30) calendar days if they should lose their

alternative medical, dental and vision coverage

F. Group Life Insurance. Group life insurance shall be as provided in Section

1.12.110 of the Official Code of the City of Tacoma. The City will pay fifty (50)

percent or more, as budgeted therefore, of the cost of premiums for those

employees electing to participate. The amount of insurance an employee may

purchase is one (1) times his/her annual salary rounded to the next highest

thousand dollars.

G. LEOFF II Retiree Medical Coverage. The City agrees that bargaining unit

members who hereafter retire into the state LEOFF II retirement system for length of

service or on-duty disability, may participate in the City’s health insurance program

as follows:

Any member receiving a pension for years of service hereunder who because of

lack of age only, cannot qualify for Social Security and Medicare benefits shall be

granted the privilege and option, at their own expense, to purchase from a health

care contractor or insurer furnishing such service to active employees of the City, a

policy or policies of health insurance embodying therein terms substantially similar

to those granted active employees, paying therefore the same amount as the City

pays for its employees on a composite rate. Retiring City of Tacoma employees will

not be offered the Kaiser Permanente medical plan, but the City will provide the

Regence PPO and the Regence HDHP plans as options for continued medical

coverage. The employer will not make a contribution to an HSA account. The option

and privilege herein shall terminate automatically upon the member’s reaching an

eligible age to qualify for Medicare, whether in fact or not such member obtains the

same. In no event shall the granting of this privilege give or grant the retired

member any preferential treatment with reference to the health contracts over and

above that of active employees of the City of Tacoma, and such privilege is at all

times subject to the ability of the City of Tacoma to negotiate for and obtain said

health care coverage. There shall exist no obligation on the part of the City to

contribute any part of the purchase price of said policy, nor shall the City’s General

or Revenue Funds nor the Employee’s Retirement Fund make any contribution

therefore; provided, however, that if in fact any change results in the composite rate

charged the City for all its employees from the granting of this privilege, such

adjustment in the composite rate shall not be deemed a contribution of the City or of

Administration hereunder.

H. Insurance for Survivors in the Event of On-Duty Death. In the event of the death

in the line of duty of an employee represented by Tacoma Police Union, the

surviving spouse or personal representative of the estate of the deceased employee

may elect to obtain coverage for eligible family members within 60 days after the

death pursuant to the same terms and conditions as is made available to retirees

represented by Tacoma Police Union.

Insurance Negotiations. Nothing in this section shall be construed to make the Union a part of the

Joint Labor Committee, or bind the Union to any action taken by the Joint Labor Committee.

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Section 10.9 – PORAC Retiree Medical Trust (RMT).

A. The PORAC Retiree Medical Trust (PORAC RMT) is established in accordance with

applicable federal and state laws, and the monies contributed are on a pretax basis.

The monies contributed to the PORAC RMT fund shall only be used for retiree

health insurance premiums or other qualifying medical expenses as allowed by law

and the PORAC RMT Plan. The contributions under this Section constitute the

entire obligation of the City with respect to funding the PORAC RMT fund. The City

is not providing or guaranteeing any benefit under the PORAC plan, and no

employee shall have a vested right in retiree medical benefits from the City. It is the

understanding of the parties that the City is merely forwarding contributions and the

City is not obligated to provide any retiree benefits to any employee by virtue of its

agreement to make or forward PORAC RMT contributions.

B. The PORAC RMT shall be and remain separate and apart from any City health

insurance, City administered HRA/VEBA funding program, and the Article 35 VEBA

program.

C. The City is not a party to the PORAC RMT, aside from transferring funds as

provided under this Section, and has no obligations related to the RMT’s

management, regulatory compliance, or performance. In the event the RMT

becomes insolvent or unable to pay retiree medical benefits, the City has no

financial obligation to the PORAC RMT, the Union, or the Union’s members.

D. There will be no cost to the City of establishing the PORAC RMT. The Union will

pay to the City such reasonable and necessary sums related to any startup payroll

programming needed to effectuate any City automatic transfer of employee funds to

the PORAC RMT.

E. The City will comply with reasonable rules set by the PORAC RMT with regard to

reporting and depositing the required contributions set forth in this Section. In the

event the reporting requirement of the PORAC RMT requires reporting beyond that

which the City typically provides to third-party benefit providers, the City will require

the Union to pay for any costs related to programming or producing such reports.

Prior to engaging in any activity that could result in such an expense, the City will

secure the Union’s authorization.

F. All employees covered by this Agreement shall participate in the PORAC RMT

program. No employee may request, nor will any employee receive, exemption from

participation. There shall be no employee election available to take the employee

contribution amount in cash or to determine the employee contribution amount.

G. The employee contributions to the PORAC RMT shall be included as salary for

purpose of calculating pension benefits, unless otherwise dictated by law or the

administrative rules of the State of Washington LEOFF II retirement plan.

H. The Union agrees to indemnify and hold the City harmless from any liabilities of any

nature that may arise as a result of the operation of the PORAC RMT, except for the

obligation of the City to remit and report the non-elective transfer of contributions as

described in this Section.

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I. Effective upon ratification by the City Council, and as soon as practicable, the City

will make a one-time contribution of five hundred dollars ($500.00) on behalf of each

LEOFF II employee of the bargaining unit to PORAC RMT. Should at any time in the

future the City have an obligation to contribute any additional funds, either to a

PORAC RMT account or to the participant directly, for retiree medical, the Union or

Trust agrees to give the City at least 60 days advanced notice of such an obligation

and Section 10.10 of the parties CBA will terminate, effective as the date of the

notification of said obligation. The termination of Section 10.10 shall be separate

from the rest of the CBA and shall be expressly exempt from the provisions of RCW

41.56.123. Upon termination of Section 10.10, the employee’s contributions that

would have been paid pursuant to sub-section J below shall be paid directly to the

employee as wages and will not be contributed to a PORAC RMT account. Nothing

herein shall constitute a waiver of the Union’s right to bargain for a City contribution

to the PORAC RMT.

J. Employee PORAC RMT Contribution. Effective upon ratification by the City Council,

and as soon as practicable, the City agrees to deduct from the paycheck of each

employee a standard amount of one hundred dollars ($100.00) per month and will

promptly transfer said amount to PORAC RMT. The amount of the PORAC RMT

contribution may be adjusted by the Union no more than once during the term of the

collective bargaining agreement, and with at least sixty days’ written notice to the

City's Human Resources Director of any change in the deduction amount. There

shall be no retroactive deductions.

ARTICLE 11 – TERM OF AGREEMENT

This Agreement shall remain in full force and effect from January 1, 2024, up to and including

December 31, 2026, provided, however, that this Agreement shall be subject to such change or

modification as may be mutually agreed upon by the parties hereto.

ARTICLE 12 – SHIFT SCHEDULING FOR THE OPERATIONS BUREAU

A. Definitions

1. Departmental Seniority

Departmental seniority is defined as an employee's most recent period of

unbroken, continuous service as a commissioned officer with the Tacoma

Police Department, provided, an employee returning to service from an on

the job disability shall receive seniority credit for prior service with the

Tacoma Police Department.

2. Classification Seniority

Classification seniority is defined as the period of most recent continuous

service in the employee's civil service classification. Police Patrol Specialists

will bid amongst themselves using PO classification seniority.

3. Seniority List

The department shall establish and maintain two (2) seniority lists, one (1)

by departmental seniority and one (1) by classification seniority. Both

seniority lists shall be updated on October 1

of each year and on that date

posted in the Department. Copies of the two (2) lists as posted shall

concurrently be mailed to the Union. Any objections to these seniority lists as

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posted shall be reported to the Division Captain within ten (10) days of the

posting period.

4. General Duty Assignment

A general duty assignment is defined as a uniformed position in Operations

assigned to primary call responding duties.

B. Seniority Based Shift Scheduling

1. For the purposes of Article12 (B), seniority shall be defined as classification

seniority. A Police Officer, Police Patrol Specialist, or Sergeant assigned to a

general duty or traffic position and employees scheduled to be reassigned to

a general duty position at the beginning of the assignment period shall select

shifts on the basis of seniority. Police Patrol Specialists are restricted to

general duty and traffic assignments.

Shifts shall be selected annually by October 1

of each year for the next

twelve (12) month period. The October bid is for the following January

assignments.

a. All Police Officers and Sergeants who have not successfully

completed their initial or promotional probationary period prior to the

commencement of the next shift assignment will be exempt from this

selection process.

b. Nothing contained herein shall limit the discretion of the employer to

determine the number of employees to be assigned to each shift,

division, unit bureau or specialized position, or the discretion of the

employer to assign and transfer employees to meet the reasonable

operating requirements of the Department to include temporary

hardship needs of an employee. Provided, however, the employer

has the discretion to assign more senior officers to other than day

shift, to balance the staffing mix of the Department whenever the

officers on a shift have an average of less than three (3) as a

commissioned officer. Commissioned experience in another

department will be counted on a year for year basis. Sergeant’s

experience will also be calculated in the staffing mix and probationary

employees will not be included when computing the average.

c. In the event it becomes necessary in the reasonable opinion of the

employer to transfer a Sergeant, Police Patrol Specialist or Police

Officer from one shift to another the most recent bids will be used to

facilitate the transfer.

d. Subject to staffing needs and maintaining efficiency of the

division/work unit, seniority shall be the sole factor in the selection of

shifts.

2. Once a schedule is in effect, Police Officers, Police Patrol Specialists, and

Sergeants will not be allowed to indiscriminately change their shifts.

However, if there is a voluntary request for a change in shifts between

various officers, the same may be accommodated if all seniority

requirements are taken into consideration concerning each work unit as a

whole by posting the position twenty (20) days prior to assignment.

3. Notice of vacancies within shifts will be posted by work unit twenty (20) days

prior to assignment. Management retains the right to first determine whether

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the shift vacancy will be filled. Management shall have the right to

temporarily make assignments during the posting period.

4. In the event of a transfer from a non-general duty assignment, the Officer

being transferred from the non-general duty assignment will go to the shift

from where their replacement came. The transferred Police Officer or

Sergeant will have to wait for the next bidding process to effect their

seniority.

ARTICLE 13 – PERSONAL PROPERTY REIMBURSEMENT

Employees who suffer a loss or damage to the listed personal property and/or clothing (excluding

normal wear and tear), which is reasonably carried and utilized in the line of duty shall be

reimbursed for such loss or damage by the City if the loss or damage did not occur as a result of

the negligence of the employee. Such claims will be processed through the Department, but in no

case shall exceed two hundred fifty dollars ($250.00) per occurrence. Every effort will be made to

process a request for reimbursement within 30 days of filing. The following is a list of personal

property eligible for reimbursement:

Watches

Eyeglasses (Costs that are not eligible for coverage under the City’s vision plan including

non-prescription sunglasses, any prescription lenses, and contact lenses)

Shoes

Flashlights

Knives and/or sheaths

Clipboards

Clothing (Plainclothes assignments)

Other personal property not listed above and exceeding the above amounts may be considered for

reimbursement on a case-by-by case basis decided by the Chief of Police or their designee.

ARTICLE 14 – UNION LEAVE OF ABSENCE

Section 14.1 – Union Leave of Absence Time off duty to attend the following meetings will be

granted to the Union’s Executive Board members, Bargaining Team members, or authorized

representative(s) without loss of pay as follows:

A. For Union Executive Board members when attending meetings with the employer or

its duly authorized representative(s).

B. For Union Bargaining Team members, when attending collective bargaining

negotiations with the employer or when Police Department salaries are discussed

by the City Council at its public hearings on the annual budget. Up to a total of six

Union members, appointed by the Union, plus the President and Vice-President,

shall be allowed paid release time to attend formal contract negotiations.

C. The Department Head may authorize time off from duty for attendance by the Union

Executive Board members at such meetings or conferences related to the

implementation of this agreement where such attendance benefits the City or the

Department. For the purposes of this section, “time off from duty” shall mean time

during which the Union President and/or authorized Union Representative(s) are

unavailable to conduct police business.

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Section 14.2 – Attendance at Union Meeting While on Duty With the permission of the Bureau

Chief or their designee in charge, Union Executive Board members may be allowed to attend

Union meetings while they are on duty in absence of emergency conditions.

Section 14.3 – State and National Leadership If a Union member is elected to the state council

of police executive board, to the national police union executive board, or both state and national

police union executive boards, that employee will be permitted reasonable flexibility to perform the

duties and functions of that office, absent emergency situations, and provided the employee is in a

day-shift, non-patrol, position. If the Union member on the state or national union board holds a

City work assignment that can be fulfilled remotely, the Union member will be permitted to flex their

regular schedule to conduct state or national union board business without loss in City pay or use

of employee leave, as long as the employee fulfills their City duties. The employer shall incur no

additional cost as a result of this section, and the employee shall not be entitled to overtime, or any

shift pay, incentive pay, or any other premium pay resulting from the flex arrangement. Permission

to flex time in accordance with this Section may be revoked at any time at the sole discretion of the

Chief, based on a reasonable determination that it is impacting Departmental operations. This

revocation of flex time under this Section is not subject to the grievance procedure.

A maximum of two (2) such employees who are state and/or national board members may be

granted time off under this section at the same time.

Section 14.4 – Union Leave Except as otherwise provided above, the Union will be provided

annually with eighteen (18) days’ time off duty to be utilized by the Union’s Executive Board or

authorized representatives for the performance of Union business.

ARTICLE 15 – HOURS OF WORK

Section 15.1 – Operations Bureau

A. Hours of Duty - Working hours shall be the equivalent of eighty (80) hours per pay

period, with scheduled shifts not to exceed ten (10) hours including mealtime.

B. Shift and day off schedule:

PPO-PPS SHIFT HOURS

First Relief: 0500-1500

Second Relief: 1300-2300

Third Relief 2000-0600

SGT SHIFT HOURS

First Relief: 0430-1430

Second Relief: 1230-2230

Third Relief 1930-0530

TRAFFIC SHIFT HOURS

PPO-PPS-SGT

First Relief: 0700-1700

Second Relief: 1300-2300

Days off rotation for General Duty PPOs, PPSs, and Sergeants on First,

Second and Third relief will be F/S/S and M/T/W.

Days off rotation for Traffic PPOs, PPSs, and Sergeants will be F/S/S and

S/S/M.

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The monthly changeover of the days off rotation will occur on the first Monday of

every month.

C. Operations Bureau Assignments:

1. 4/10 Work Schedule:

a. General duty and Traffic hours of work and days off are set forth

above.

b. Community Liaison Officers, K-9, Bike-Beat Officers, and Crime

Response Unit personnel hours of work are set forth above,

however, the days off rotation may differ.

c. A change in the shift schedule for the Community Liaison positions

from the 4/10 to the 5/8 schedule will be made by the Bureau Chief,

only to meet the reasonable operating requirements of the

Department, to include temporary hardship needs of the employee. A

change in the schedule should be made during the shift-bidding

period as set forth in Article 12.

d. The Police Training Coordinator regular duty hours are 0600 – 1600

and days off are S/S/M. Early/late assignments starting one hour or

less before or after a regular shift shall not be considered an

unscheduled shift.

e. The Gang Unit will work swing shift from 1600 – 0200 (swing shift

differential) with rotating days off of S/M/T and S/S/M.

2. 5/8 Work Schedule for Special Events Sergeants will be as follows:

0700 – 1500 hours

Days off: S/S

3. 5/8 Work Schedule for Desk Officers will be as follows:

0500 – 1300 hours

1300 – 2100 hours

2100 – 0500 hours

Days off: S/S

4. A change in the shift schedule for the Desk Officer positions from the 5/8 to

the 4/10 schedule will be made by the Bureau Chief, only to meet the

reasonable operating requirements of the Department, to include temporary

hardship needs of the employee. A change in the schedule should be made

during the shift-bidding period as set forth in Article 12.

5. 5/8 Work Schedule for School Resource Officer (SRO) will be as follows:

Monday through Friday

Days off: S/S

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Section 15.2 – Non-Operations

A. Administrative Support Bureau (ASB): The primary work schedule will be the 5/8

plan, 0800-1600, with S/S off.

B. Special Investigations: The primary work schedule will be:

1. Officers and Sergeants: the 5/8 plan, 0900-1700 with S/S off.

2. Detectives: the 4/10 plan, 0800-1800, with F/S/S or S/S/M off.

C. Criminal Investigations Division (CID) / Property and Person Crimes Sections:

The primary work schedule will be the 4/10 shift plan. The shift start time may either

be 0700 or 0800 and fixed in the monthly schedule. The alternate schedule will be

the 5/8 plan and the start time will be 0800 hours.

1. For CID, the 4/10 scheduled days off will be F/S/S or S/S/M.

2. Days off for detectives on the 5/8 schedule will continue to be S/S.

3. Up to four (4) CID Detectives can be assigned to a 4/10 swing shift schedule

with a starting time of 1300 hours with the designated days off being F/S/S

or S/S/M.

In order to maintain adequate staffing within the individual units within the division,

and with a minimum of two, the Bureau Chief may adjust the days off for detectives

on the 4/10 plan from S/S/M to F/S/S or from F/S/S to S/S/M.

Days off shall be by departmental seniority and shall be bid prior to October 1

of the

preceding year.

D. Swing Shift Detective: Assignment to swing shift shall be bid once a year by

department seniority. Shifts shall be selected annually by October 1

of each year for

the next twelve-month period. The October bid process is for the following January

assignments. If there are an insufficient number of persons bidding, the persons with

the lowest department seniority may be assigned.

E. Flexible Schedules: All flexible work schedules shall be administered in accordance

with the City of Tacoma Personnel Management Policy 320.

F. Shift Bids:

1. Shifts shall be selected annually by October 1

of each year for the next

twelve-month period. The October bid is for the following January

assignments.

2. All Police Officers and Sergeants who have not successfully completed

their initial or promotional probationary period prior to the commencement

of the next shift assignment will be exempt from this selection process.

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Section 15.3 – Alternate Work Schedules Any variations to the above recognized shifts in

Sections 15.1 and 15.2 may be made by mutual agreement between the Bureau Chief, the Union

and the employee.

Section 15.4 – Duty Day A duty day shall be defined as a twenty-four (24) hour period following

an employee’s normal reporting time. The first day off shall be defined as the next twenty-four (24)

hour period following the duty day. The second day off shall be defined as the next twenty-four-(24)

hour period following the first day off. The third day off shall be defined as the next twenty-four-(24)

hour period following the second day off.

Section 15.5 – Scheduled Shift A scheduled shift shall be any tour of duty ordered in the

regularly published monthly work schedule, or any other duty assignment made with one hundred-

twenty (120) hours or more notice.

Section 15.6 – Unscheduled Shift An unscheduled shift shall be any tour of duty that deviates

from the published monthly work schedule which is ordered with less than one hundred-twenty

(120) hours-notice, provided that early/late assignments starting one hour or less before or after a

regular shift, court appearances, extended duty overtime at the conclusion of the employee’s shift,

or training shall not be considered an unscheduled shift.

Section 15.7 – Shift Changes In an emergency, defined as a situation urgently requiring prompt

action, the Chief of Police or designee, in writing, may change hours of work/shifts with less than

one hundred-twenty (120) hours’ notice without additional compensation.

Section 15.8 - Hours of Work Changes

A. Upon the request of the employee or Bureau Chief, and with the agreement of both,

the hours of work may be changed without additional compensation. The Union will

be notified, in writing, of any changes of one month or more duration.

B. Any

hours of work changes with one hundred-twenty (120) hours or more notice

shall be for not more than twenty (20) working days and shall require approval of the

appropriate Assistant Chief.

Section 15.9 – Shift Application Rate of Pay The City and the Union agree that an employee

assigned to or working any shift, within any work unit of a Bureau, on a per shift basis that begins:

A. On or after 1200 hours but before 1800 hours will receive the swing shift application

of rate.

B. On or after 1800 hours but before 0430 hours will receive the night shift application

of rate.

C. On or after 0430 hours but before 1200 hours will not receive an application of rate.

Employees receiving an application rate of pay from an assigned shift will not forfeit that

application rate of pay during administrative leave, critical incident leave, or any other

temporary assignment to another shift with a lesser rate.

Section 15.10 – Definition of Shift Extension A “shift extension” that would not trigger a payment

of a shift differential is limited to the situation where an employee is required to remain over from

their regular shift to another shift to complete some work that began on their regular shift but could

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not be completed before the end of their regular shift (e.g., finish a report resulting from a contact

occurring during their regular shift, processing an arrest made during their regular shift, etc.).

Section 15.11 – Definition of Shift Coverage Employees either volunteering to work or being

ordered to work on another shift for any purpose other than those identified in 15.10, including

covering a staffing shortage, will receive their shift differential consistent with Section 15.9 and will

be paid as follow:

Night Shift: Employees regularly scheduled to work night shift will always receive the night

shift application rate of pay.

Swing Shift: Employees regularly scheduled to work swing shift will always receive the swing

shift application rate of pay, unless working night shift, in which case they will

receive the night shift application rate of pay.

Day Shift: Employees regularly scheduled to work day shift will receive the swing shift

application rate of pay when working swing shift and the night shift application

rate of pay when working night shift, otherwise they receive no shift application

rate of pay.

ARTICLE 16 – OVERTIME

Section 16.1 – Overtime Employees shall be entitled to overtime compensation based on their

regular rate of pay pursuant to Section 1.12.080 of the Compensation Plan. All overtime shall be

accounted for and paid in .10 hours increments. Overtime worked on holidays specified in Section

10.4.C shall be paid at time and one-half (1-1/2) of the holiday rate of pay or, at the employee’s

option, an equivalent amount of compensatory time off.

Section 16.2 – Second Day Off Work Work on an employee’s second day off (Sunday

equivalent) of three (3) hours or less in duration shall be paid at the time and one-half (1-1/2) rate

with a three (3) hour minimum at the time and one-half (1-1/2) rate. All other work on an

employee’s second day off shall be paid at the double time rate. Such pay shall be in cash or

equivalent compensatory time. Double time rates shall not be paid for changes of a scheduled

shift, day off changes, or training assignments, whether or not such affect a second day off.

Section 16.3 – Work on Unscheduled Shift Work on any unscheduled shift shall be

compensated at double time for the first shift worked.

Section 16.4 – Compensatory Time Upon earning overtime as outlined in this Agreement, an

employee may choose to be compensated for the overtime in cash or equivalent compensatory

time off, except as outlined in Section 16.5.

All employees may accrue compensatory time up to a maximum bank of two hundred forty (240)

hours. Upon promotion to another classification, each employee shall receive cash compensation

for all compensatory time accrued, but not used, prior to promotion. Overtime earned which would

place the employee above the maximum accrual of two hundred forty (240) hours shall be paid in

cash. Such bank of compensatory time may be carried over from year to year and may be taken in

0.1 hour increments. All use of compensatory time off shall be approved by the Department. Upon

separation, each employee shall receive cash compensation for all compensatory time accrued but

not used.

Section 16.5 – Overtime funded by Grants When an employee works overtime that is funded by

a Grant, the compensation will be overtime cash with no compensatory time allowed.

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Section 16.6 – Commute Overtime Employees involved in police action when traveling off duty,

to and from work, will be compensated for actual time worked. Officers must seek supervisory

approval as soon as practical.

Section 16.7 – Out-of-Town Business Travel Out-of-town City business travel will be paid in

accordance with City policy and State law.

ARTICLE 17 – CALL-OUTS AND COURT APPEARANCES

Section 17.1 – Call-out When called out, an employee shall be compensated at the appropriate

overtime rate, with a minimum payment of four (4) hours at time and one-half (1-1/2) the regular

rate. If the call-out is voluntary, the overtime compensation begins when the employee arrives at

the station or crime scene. If the employee is ordered to return to work the overtime compensation

begins when the employee receives the order to return to work. The supervisor shall specify at the

time of the call-out whether the call-out is voluntary or ordered.

Section 17.2 – Court Appearances When an employee is required to testify in court on a civil or

criminal matter, before an administrative agency, mental health commitment proceeding, or an

arbitrator, during off-duty time, the employee shall be compensated at the appropriate overtime

rate, with a minimum payment of four (4) hours at time and one-half (1-1/2) the regular rate. If an

employee is held over after a shift, it will be considered a shift extension and there will be no four

(4) hour minimum unless there is a break in excess of one half (1/2) hour between the end of the

shift and the beginning of court or other hearing specified above.

An employee will be paid for the lunch break if the employee is involved in the same case which is

actually heard in both the morning and afternoon. If the employee is called for two different cases

in one day, the lunch break is not paid as it will be treated as two separate call-outs.

All types of pyramiding of overtime relating to Sections 17.1 and 17.2 shall be disallowed.

Section 17.3 – Cancellation of Court Appearances Whenever a court or hearing appearance not

scheduled during an employee’s normal duty hours is canceled after 1800 hours on the day

preceding the scheduled appearance, such cancelled court or hearing appearance shall be

considered work time and as such, the employee shall be entitled to the overtime minimum

payments for purposes of Article 16 of this Agreement. The Department shall maintain a court

docket, recording on the docket the date and time of cancellations of court appearances and

notifications to employees of the cancellations. In order to be eligible for the cancellation overtime

minimum, employees with scheduled appearances shall contact the Department after 1800 hours

on the day preceding the scheduled appearance to determine if the appearance is still scheduled.

All types of pyramiding of overtime relating to Section 17.1 and 17.3 shall be disallowed.

Section 17.4 - Committees, Boards, Hearings, Meetings When an employee is scheduled to

attend a meeting called by the Department, the meeting will be considered an early/late

assignment if it is scheduled within one hour of the beginning or end of the employee's shift.

Except as above, other meetings will be compensated for at the overtime rate, subject to the four

(4) hour overtime minimum payment. An officer who is the subject of an intended disciplinary

action will not be compensated for attendance at a disciplinary review board.

Section 17.5 - Civil/Criminal Interviews And /or Telephonic/Video Testimony Interviews for

civil/criminal cases and telephonic/video testimony arising from an officer's actions as a City

employee will be compensated in the following manner:

A. Telephone/Video Interviews and/or Telephonic/Video Testimony - Civil/criminal

interviews conducted and/or testimony taken via telephone/video outside the

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officer's normal duty hours will be compensated for a minimum of one (1) hour at the

time and one-half (1-1/2) rate unless the interview is conducted on the officer's

second day off, in which case the double time provisions will prevail.

B. In-Person Interviews – In-Person interviews conducted outside the officer's normal

duty hours will be compensated for a minimum of four (4) hours at the time and one-

half (1-1/2) rate unless the interview is conducted on the officer's second day off, in

which case the double time provision will prevail.

Sections 17.6 – Criminal Subpoena Appearance for Lateral Officers Article 17, Sections 17.2

and 17.3 do not apply to court appearances related to the officer’s former agency. Officers

receiving subpoenas related to their prior employment are expected to comply with the subpoena

as required by law. These matters are unrelated to City of Tacoma work and are not compensable

as hours worked.

However, to support officers that have lateraled from different agencies, the Parties agree to the

following:

When a lateral officer receives a subpoena in a criminal proceeding and is required to testify in

court on a criminal matter related to the officer’s former agency, the officer shall be compensated

as follows:

A. Officers appearing under criminal subpoena during their normal workday will be

compensated their regular rate of pay.

B. If the date of appearance under criminal subpoena does not fall on a regular

workday, the supervisor will adjust the officer’s schedule so they can appear on a

regular workday.

C. An officer’s travel time is not eligible for regular pay or overtime; however, if the

officer’s travel time occurs during their regular workday, the officer will be

compensated at their regular rate of pay.

D. Overtime is not authorized, and travel costs will not be reimbursed, for criminal

subpoena appearances related to the officers’ former agency.

E. Because these prior agency criminal subpoena appearances are not work

performed on behalf of the City of Tacoma, these appearances are not considered

“hours worked” for the limited purposes of out-of-town travel time pay under the

FLSA and Washington wage/hour law.

ARTICLE 18 - VACATION, HOLIDAYS AND COMPENSATORY TIME OFF SCHEDULING

Section 18.1 Vacation, holiday, and compensatory time off will be determined by departmental

seniority (as defined in Article 12 (A)(1).

Section 18.2 Approved vacation, holiday, and compensatory time off will be honored in all cases

with the exception of an emergency, defined as a situation urgently requiring prompt action, as

determined by the Chief of Police.

Section 18.3 Approved first choice scheduled vacations will take precedence over any other time

off request.

Section 18.4 No “bumping by seniority” for holidays, vacation or compensatory time usage will be

made within fifteen (15) days of the beginning of the consecutive time off requested.

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Section 18.5 Non-scheduled days off: The Bureau Chief (or designee) will allow fifteen (15)

percent of available Officers on granted time off. Granted time off shall include vacation time,

holidays, and compensatory time days. Training will not be considered in the percentage

calculation.

A. The percentage will be rounded to the nearest whole number. In rounding, if the

percentage is less than one-half, the number will be rounded down; if the

percentage is one-half or above, the number will be rounded up.

B. The discretion to exceed the established percentages for granted time off rests with

the Bureau Chief (or designee).

C. A person on sick leave lasting more than two consecutive calendar weeks will not

be considered in calculating time off percentages.

Section 18.6 Excess vacation accruals and holidays cannot be carried over into another year

except in the case of continued illness. It is the responsibility of the employee concerned to submit

a written request to the Human Resources Department to carry over excess accruals prior to the

end of the time the excess accruals will occur. Each employee is responsible for tracking the

vacation accruals, holidays used, and compensatory time earned.

Section 18.7- First Choice Vacation Periods A first choice vacation can consist of any leave time

an employee has accrued, but must be continuous and taken on consecutive workdays.

Employees are entitled to one first choice vacation selection per calendar year.

A. Requests for first choice vacation periods must be submitted with the shift bid

pursuant to Article 12 (B)(1). On the first day of the first full pay period of January of

each year first choice vacation periods will be posted for personnel assigned to

each division/work unit.

B. Lateral Police Officers hired after the shift and vacation bids have been completed

may submit a first-choice vacation bid after their completion of field training. The

Administrative Sergeant will identify the available first-choice vacation slots. This

“late bidding” by Lateral Police Officers will be applied and filled consistent with the

provisions of Articles 10, 12, and 18, including seniority.

This Subsection B provision does not modify the standard process for Officers,

Detectives, or Sergeants, who were employed at the time of the bidding, to secure

first-choice vacation under this Agreement.

Section 18.8 Changes in divisional or work unit assignments after January 15

will have no effect

on an employee’s scheduled first choice vacation absent an emergency as defined in Section 18.2.

Section 18.9 All other requests for vacation time will be handled in the same manner as holidays

and compensation time.

Section 18.10 The Bureau Chief (or designee) will grant and schedule holidays

or compensatory

time off as set forth in Section 18.5. Granting of such time off will be subject to the following:

A. Holidays and compensatory time off will be granted on departmental seniority

regardless of the kind or amount of leave requested.

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B. An employee will not be granted more than two holidays between December 1

and

December 31

without prior supervisory approval.

Section 18.11- DIVISIONS/UNITS WITH MANDATORY HOLIDAYS

A. Divisions/Units

• Chief’s Office

• Administrative Services

• Criminal Investigations

• Special Investigations

• Operations (Staff & Support functions only)

B. The above divisions/units will observe the following holidays, except as authorized by

the Bureau Chief.

• Independence Day

• Thanksgiving Day

• Christmas Day

C. Standby – An employee assigned to standby on a holiday by the Bureau Chief may

work the employee’s regular shift and shall be paid standby pay for the remaining

hours of the holiday without using a mandatory holiday.

D. The remaining holidays or days off in lieu thereof, shall be taken as set forth above.

ARTICLE 19 - POSTING OF AGREEMENT AND NOTICES

A copy of this Agreement shall be posted in a conspicuous place in the Police Department. Union

Bulletin Boards: The employer agrees to provide suitable space for the Union bulletin board in

each place of work. Postings by the Union on such boards are to be confined to official business of

the Union.

ARTICLE 20 - WORK ASSIGNMENTS

Section 20.1 Employees shall be assigned duties consistent with their job descriptions. When

filling temporary vacancies, the department shall consider the existing civil service list for the

classification to be filled and will assign employees to work within proper jurisdictional lines.

Section 20.2 To assist the City, the Department Head shall assign the Union President and Vice-

President to the prevailing day shift hours.

Section 20.3 - Performance Management The City may implement an annual performance

review system. The performance review system will only be used to counsel employees as to their

job performance, strengths and weaknesses, the identification of personal goals and objectives,

and the determination of training needs.

Section 20.4 – Use of Performance Management Documents The performance evaluations can

be considered for promotional purposes for a period of thirty-six (36) months from the date of the

evaluation.

Section 20.5 – Retention of Personnel Records Consistent with RCW 40.14.070, personnel

records will be retained for the duration of the officer’s employment and a minimum of ten (10) years

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past the date the employee separates from employment. Such records include all final performance

evaluation documents, misconduct and equal employment opportunity complaints, progressive

discipline imposed including written reprimands, supervisor coaching, suspensions, involuntary

transfers, other disciplinary appeals and litigation records, and any other records needed to comply

with the requirements set forth in RCW 43.101.095 and 43.101.135. Supervisor notes are

superseded by the final evaluation and can be destroyed upon completion of the final evaluation and

after the time for appeal has expired.

Section 20.6 – Special Commissions

A. The Special Commissions granted to code enforcement inspectors, under TMC 7.10, to

tag, ticket, impound and certify abandoned and junk vehicles (public nuisance vehicles)

shall not constitute skimming for purposes of a grievance under the contract.

B. The Special Commissions granted, and the duties assigned to the Community Service

Officer classification as identified in the parties’ April 3, 2023, Letter of Agreement

(Appendix E) shall not constitute skimming for the purposes of a grievance under the

contract.

Section 20.7 – Temporary Time in Rank The application of temporary time, up to three (3)

months, shall be credited toward the required probationary period of six (6) months for permanent

promotions within the Local 6 bargaining unit, absent compelling, written justification from the Chief

of Police explaining why any or all temporary time will not be credited as such.

ARTICLE 21 - OFFICIAL NOTIFICATION

The City agrees to provide the secretary of the Union copies of all bulletins, policies and

procedures, and special and general orders. The Union agrees that it will designate the Union

official authorized to sign official Union communications to the Police Department.

The City agrees to notify the President of the Union in writing of any charges made, Forty-eight

Hour Notice issued by Internal Affairs and/or notice of intent to take disciplinary action against any

bargaining unit employee, and the final disposition of any and all administrative investigations

(including the name of the employee) whether conducted at the bureau or departmental level and

regardless of whether formal discipline was imposed.

The Department Head shall acknowledge all written communications from the Union involving

members of Local #6 and the Union shall acknowledge all written communications from the

Department Head, within ten calendar days of receipt.

ARTICLE 22 - FAMILY LEAVE

Section 22.1 - Family Bereavement Upon an employee being notified of a death in their

immediate family while on duty, the City shall take prompt action to find a suitable relief in order

that the employee may be released from duty. (Immediate family is defined as outlined in Section

1.12.230; subsection B5, of the Official Code of the City of Tacoma.) Upon approval by the Chief

of Police or designee, a maximum of four (4) days of sick leave may be granted for the death of an

immediate family member.

Section 22.2 - Family Medical Leave Act (FMLA) FMLA will be administered in accordance with

City Policy 3.11.

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Section 22.3 – Washington Paid Family Medical Leave Washington Paid Family Medical Leave

will be administered in accordance with City Policy 3.16.

ARTICLE 23 - UNIFORMS AND GROOMING STANDARDS

Section 23.1 Clothing and Cleaning Allowance

A. The cleaning and clothing allowance in the amount of $690.00 per employee per

year in recognition of agreement of the grooming standards policy shall be paid in

one sum on the pay period that includes December 1st. Employees hired after

January 1

will have the clothing allowance pro-rated based on the number of

months employed in that year.

B. The City shall provide uniforms for all commissioned police officers where uniforms

are required. The City shall provide all police equipment for uniformed and non-

uniformed commissioned officers.

Section 23.2 Motors Equipment The City shall furnish all motorcycle riding equipment to officers

assigned to motorcycle duty when assignment exceeds thirty (30) days.

Section 23.3 – Grooming Standards The Department agrees that bargaining unit members

shall be allowed to have groomed facial hair consistent with grooming standards policy.

ARTICLE 24 – APPENDICES AND AMENDMENTS

All appendices, amendments, or modifications to this Agreement as mutually agreed upon by the

parties hereto shall be numbered or lettered, dated and when signed by the authorized parties

shall form a part of this Agreement.

ARTICLE 25 - PERSONNEL REDUCTION

In case of a personnel reduction, employees shall be laid off in compliance with the Personnel

Rules.

ARTICLE 26 – APPLICATION OF RATE, STANDBY, and MENTORING

Section 26.1 - Bomb Technician An employee assigned as Bomb Technician shall receive an

application of rate of five percent (5%) above their regular rate for those hours so assigned.

Section 26.2 – Criminal Justice Training Commission (CJTC) Tactical Officer Specialty Pay

In recognition of the training, mentoring, and supervisory responsibilities, an employee assigned as

a Tactical Officer to the Criminal Justice Training Commission (“CJTC”) shall receive a premium of

three percent (3%) of their base hourly wage for those hours so assigned.

Section 26.3 – Commission on Accreditation for Law Enforcement Agencies (CALEA)

Recognition An applied rate of two percent (2%) above the base rate of pay shall be applied in

recognition for being accredited and for the successful maintenance of the accreditation. The

application of rate will remain in effect so long as the department remains accredited.

Section 26.4 – Education and Military Incentive Pay A two percent (2%) application of rate shall

be applied over the base wage recognizing either the successful attainment of a two-year degree

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and above, or for a minimum of two (2) years active-duty military service with an honorable

discharge, or for four (4) years of active reserve or National Guard military service.

Evidence of a degree and/or military service shall be required

Section 26.5 Firearms Proficiency Pay The City shall comply with the provisions of Section

1.12.137 of the Compensation Plan pertaining to firearms proficiency pay. Union members who

attend and satisfactorily complete firearms training shall receive one hundred twenty dollars

($120.00) to be paid annually on the first pay period in December of each year. To receive this

compensation, members must attend training, as scheduled by Departmental Special Order,

unless excused by their Division Commander for exigent circumstances.

Section 26.6 – Hazardous Environment and Tactics Team (HEAT) An employee assigned to

the HEAT Team shall receive an application rate of five (5) percent above their regular hourly rate

for those hours so assigned.

Section 26.7 – Homicide Unit Work Any bargaining unit employee assigned to the Homicide Unit

will receive an application of rate of five percent (5%). Bargaining unit members not assigned to

the Homicide Unit who are called out to investigate a Homicide (or any other incident normally

investigated by the Homicide Unit) will also receive a five percent (5%) application of rate for those

hours so assigned.

Section 26.8 - K-9 An employee assigned to the K-9 unit shall receive an application of rate of five

percent (5%) above their regular hourly rate for those hours assigned. One (1) hour per shift shall

be allocated for dog care and training. Such compensation shall be for all off-duty hours spent for

dog care and training.

Section 26.9 – Language Pay The City recognizes the benefits of having employees who can act

as foreign language interpreters. Eligible employees shall receive an application of rate of two

percent (2%) above their base pay according to the terms and conditions of a Bilingual Pay

Program established by management.

Section 26.10 – Law Enforcement Officers’ and Fire Fighters’ Plan 2 (LEOFF II) Disability In

lieu of providing long-term disability insurance to bargaining unit employees covered by the LEOFF

II retirement system, the City will provide to all bargaining unit employees an additional 1 percent

(1%) application of rate to contribute to the cost of the long-term disability policy coverage selected

and procured by the Union. The City will deduct from employees’ paychecks the costs of the long-

term disability insurance obtained by the Union and will transmit such amounts to the Union on a

monthly basis.

Section 26.11 - Mentoring In recognition of the fact that future technology creates needs which

did not previously exist for internal training and mentoring, the Union and City agree that highly

experienced employees shall be assigned additional duties and shall receive a 2 percent

application of rate. Highly experienced employees shall be defined as those with 25 years’ service

as a commissioned Tacoma police officer. This applied rate will be paid to an employee at the

first of the calendar year in which the 25 years of service will be complete.

Section 26.12 – Motorcycle Officers An employee assigned as a Motorcycle Officer shall receive

an application rate of five percent (5%) above their regular hourly rate for those hours so assigned.

Section 26.13 – Police Patrol Specialist (PPS) and Police Training Officer (PTO)

A. PPS: A Police Officer assigned as a PPS shall receive an application rate of five

percent (5%) above the top step rate of Police Officer. The five percent is inclusive

of the expectation to provide field training and PPSs are not eligible for the PTO

application of rate.

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Effective January 1, 2024, the PPS position will be eliminated. Police officers

currently assigned as a PPS will maintain their position and application of rate until it

is vacated.

B. A Police Officer assigned as a PTO shall have an applied rate of four percent (4%)

above the base rate.

The Department will assign PTOs in the same manner as specialist sergeant

assignments.

C. The Department intends to maintain a minimum of twenty (20) PTOs at all times.

Section 26.14 – Search and Rescue (SAR), Dive Team, and Marine Services Unit (MSU) An

employee assigned to SAR, Dive, and MSU shall receive an applied rate of five percent (5%)

above their regular hourly rate for those hours so assigned.

Employees assigned to the SAR, Dive, and/or MSU teams will only be eligible for one application

of rate under Section 26.14.

Section 26.15 – Shift Incentive

A. An employee assigned to work second relief shall receive an application of rate of

three (3) percent above their regular rate of pay. For the hours of work refer to

Article 15.9A.

B. An employee assigned to work third or fourth relief shall receive an application of

rate of five (5) percent above

their regular rate of pay. For the hours of work refer to

Article 15.9.

C. These application of rates recognize the increased productivity and performance

demands required of the employees while working these hours. It is also intended

to be an incentive to increase the experience level of the officers on these shifts.

Section 26.16 - Specialist Sergeant A Police Sergeant assigned as a Specialist Sergeant shall

receive an applied rate of five percent (5%) above the top step of Police Sergeant.

Section 26.17 – Special Weapons and Tactics (SWAT) Team An employee assigned to the

SWAT Team shall receive an application rate of five percent (5%) above their regular hourly rate

for those hours so assigned.

Section 26.18 – Standby Pay Employees in classifications covered by Appendix A required by a

Bureau Chief to serve in a standby capacity outside of regular work hours, shall receive $3.00 per

hour in a standby status. Employees are not eligible for standby pay for any hours for which they

are in any other paid status. Standby means that the employee has been specifically directed by a

supervisor to be in telecommunications, pager, radio or phone range to ensure their availability to

return to duty, if necessary, within approximately 30 minutes of the notification to return to duty.

ARTICLE 27 – DISCIPLINE

Section 27.1 All discipline shall be for just cause. An employee may contest a discharge,

suspension for any length, or demotion, or any other penalty that results in an economic loss to the

employee through the grievance procedure in Article 4 of this Agreement. The filing of such a

grievance shall be considered a voluntary and irrevocable waiver of the right to pursue the matter

under the Civil Service procedure.

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Section 27.2 It is the Employer’s sole determination as to whether or not an employee suspended

without pay may be allowed to forfeit accrued vacation or compensatory time off in lieu of the

suspension of pay.

ARTICLE 28 - SAVING CLAUSE

Should any part hereof or any provision herein contained be rendered or declared invalid by

reason of any existing or subsequently enacted legislation or by any decree of a court of

competent jurisdiction, such invalidation of such part or portion of the Agreement shall not

invalidate the remaining portions thereof, and the remaining parts or portions remain in full force

and effect.

ARTICLE 29 – EMBODIMENT

The Agreement expressed herein in writing constitutes the entire Agreement between the parties

and no oral statement shall add to or supersede any of its provisions.

ARTICLE 30 - EMPLOYEE RIGHTS

The City assures the Union that its intention in executing this Agreement is not to cancel privileges

heretofore granted to employees solely because such privileges are not specifically identified in

this Agreement.

The City recognizes and agrees that the employees employed by the Tacoma Police Department

covered by this Agreement are entitled to all rights and privileges awarded to citizens under all

applicable provisions of the United States and State Constitutions, as well as all rights and

privileges granted by any and all applicable legislation and the common law.

Section 30.1 - General Procedures

Any employee who will be interviewed concerning an act, which, if proven, could reasonably result

in disciplinary action (excluding coaching or counseling) against them will be afforded the following

safeguards, to include the right, upon the employee's request, to Union representation. Forty-eight

Hour Notices are intended to be used by Internal Affairs only.

A. The employee will be informed prior to the interview if the Employer believes the

employee is the subject of an investigation unless doing so would jeopardize the

investigation.

B. The employee shall be notified in advance of an interview of the nature of the

complaint and the identity of the complainant, unless the complainant has requested

to be anonymous, in which case the Chief of Police shall be listed as the

complainant.

C. Upon request by the employee, they will be allowed to consult with a union

representative prior to answering questions or completing an administrative report.

The consultation shall not delay the interview or start of the administrative report by

more than two (2) hours

Section 30.2 - Counseling Incidents for which counseling is appropriate shall be documented in

the employee’s electronic file. Counseling is handled by the immediate supervisor, is not

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considered formal discipline and is not subject to the grievance procedure.

Section 30.3 - Oral Reprimands Incidents for which discipline no greater than an oral reprimand

may result may be handled by the immediate supervisor after review by the bureau command staff.

A notation will be placed in the employee’s electronic file regarding the reprimand.

Section 30.4 - Bureau Written Reprimands

A. An incident resulting in a bureau written reprimand will be reviewed by the bureau

command staff prior to placement of the reprimand in the employee’s electronic file.

B. An employee may submit a written rebuttal statement within thirty (30) days of

receiving the bureau written reprimand. Such rebuttal statement will be attached to

the written reprimand.

Section 30.5 - Departmental Written Reprimands

A. An incident determined to be appropriate for a departmental written reprimand will

be reviewed by the bureau command staff and approved by the Bureau Chief prior

to placement of the reprimand in the employee’s official personnel file.

B. An employee may submit a written rebuttal statement within thirty (30) days of

receiving the Departmental written reprimand. Such rebuttal statement will be

attached to the written reprimand.

Section 30.6 - Transfer to Internal Affairs

A. If at any point it appears to the supervisor that the discipline may rise to the level of

economic sanctions the subject of the investigation will not be required to complete

an interview or administrative report.

B. If a supervisor begins an interview and learns of information that may result in

discipline resulting in economic sanctions, they will immediately terminate the

interview.

C. The supervisor will document their actions and submit the investigation to the

Bureau chain of command. The Bureau Chief shall determine whether or not the

investigation will be transferred to Internal Affairs. If so, Internal Affairs will handle

all aspects of the investigation from that point on, including service of Forty-eight

Hour Notices, as set forth below, and ordering an employee to complete

administrative reports and/or submit to interviews.

D. A Forty-eight (48) Hour Notice is hereby defined as a written notice given to an

employee when they are being required to prepare an administrative report or be

interviewed by Department representatives concerning their actions, when it is

believed that economic sanctions may result. This notice is intended to be the

minimum amount of time afforded to the employee. Nothing in this agreement

prevents the employer from allowing more time or the employee from waiving their

right to forty-eight hours before preparing an administrative report or participating in

an interview.

E. Notification The employee shall be notified of a Forty-eight Hour Notice by

personal contact. The personal contact shall be handled in a confidential manner.

Thereafter, a written Forty-eight Hour Notice will be served, in a confidential

manner, using a standard Tacoma Police Department form.

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Section 30.7 - Dismissal, Demotion or Suspension

The Internal Affairs Unit will conduct all interviews that may lead to economic sanctions, including

but not limited to dismissal, demotion and/or suspension.

A. If after a complainant is interviewed regarding an action or inaction of an employee,

and further investigation is deemed necessary, the employee shall be notified, orally

or in writing, of the complaint, and be provided with a copy of the complaint as soon

as practicable. This requirement will not apply where the employee is under

investigation for violations which are punishable as felonies or misdemeanors under

Washington law. Also, the employee will not be notified if doing so would jeopardize

either the criminal or administrative investigation.

B. The employee will be allowed a minimum of forty-eight (48) hours notice to appear

before Internal Affairs to answer questions; however, the employee need not

exercise the full time frame if they feel that they have received all the information

necessary to assist in their interview.

C. The employee shall be allowed the right to have a union representative and/or an

attorney present during the interview.

Section 30.8 - Interviews

A. Interviews shall take place at Department facilities, or elsewhere if mutually agreed,

unless an emergency exists which requires the interview to be conducted outside of

Department facilities.

B. The Employer shall make a reasonable good faith effort to conduct these interviews

during the employee's regularly scheduled shift, except for emergencies.

C. The employee will be required to answer any questions involving non-criminal

matters under investigation and will be afforded all rights and privileges to which

they are entitled under the laws of the State of Washington or the United States.

Prior to any questioning, the employee will be notified in writing and acknowledge

receipt of the following:

"You are about to be questioned as part of an internal investigation being

conducted by the Tacoma Police Department. You are hereby ordered to answer

the questions that are put to you which relate to your conduct and/or job

performance, and to cooperate with this investigation. Your failure to cooperate

with this investigation can be the subject of disciplinary action in and of itself,

including dismissal. The statements you make or evidence gained as a result of

this required cooperation may be used for administrative purposes but will not be

used or introduced into evidence in a criminal proceeding."

D. Interviews shall be done under circumstances devoid of intimidation, abuse or

coercion.

E. The employee under investigation shall not be subject to offensive language or

threatened with any punitive and/or retaliatory action. Promise or reward shall not

be made as an inducement to answering any question. The employer shall not

cause the employee under interrogation to be subjected to visits by the press or

news media without their express consent nor shall their home address be given to

the press or news media without the employee's consent.

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F. All interviews shall be limited in scope to activities, circumstances, events, conduct

or acts that pertain to the specific complaint/incident, which is the subject of the

investigation. Nothing in this section shall prohibit the Employer from questioning

the employee about information which is developed during the course of the

interview.

G. If the Department tape records the interview, a copy of the complete interview of the

employee, noting all recess periods, shall be furnished, upon request, to the

employee. If the interviewed employee is subsequently charged and the Employer

transcribes any part of any recording, the employee shall be given a complimentary

copy thereof.

H. Interviews and investigations shall be concluded with no unreasonable delay. If an

investigation extends past thirty days the employee(s) that are the subject of the

investigation will be notified of the case status in writing. Status reports will be

provided to the employee(s) every thirty days thereafter.

Section 30.9

The employee shall be advised of the results of the investigation and any future action to be taken

on the incident. The employee shall be provided with a copy of the Bureau Chief's

recommendations concerning possible disciplinary action within 48 hours of such

recommendations.

Section 30.10 - Departmental Charges

When the investigation results in Departmental charges being filed, the employer shall:

A. After the investigation is complete, and at least seventy-two hours prior to the pre-

disciplinary hearing, furnish the employee, and at the employee’s written request,

the Union, with a copy of the reports of the investigation which contain all known

material facts of the matter, to include any tape recordings at no cost. The

employee will also be furnished with the names of all witnesses and complainants

who will appear against them and/or whose statements will be used against them.

B. This obligation shall continue after the charges have been filed against the

employee.

Section 30.11 - Polygraph Tests

The Employer will comply with state law with respect to the giving of polygraph or voice stress

indicator examinations.

Section 30.12 - Use of Deadly Force Situations

A. Employees directly involved in the use of deadly force shall be allowed, at their

request, to consult with a union representative and/or an attorney prior to being

required to give an oral or written statement about the use of deadly force. Such

right to consult with a union representative and/or an attorney shall not unduly delay

the giving of the statement. A Union representative (Union officer, usually the

President or Vice President) and a Department representative (a member of the

Administration, probably the CDO) will conference and mutually agree to a time

when an oral or written statement will be given.

B. Psychologist Referrals

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1. Employees directly involved in the use of deadly force shall be required to

consult with the Department psychologist.

2. Employees directly involved in the use of deadly force against animals may

be required by the department to consult with the Department psychologist.

3. The employee directly involved in the use of deadly force will be placed on

administrative leave. Once released to return to duty, the employee is

expected to report to work on their next regularly scheduled shift.

4. During the administrative leave the employee will schedule any follow up

appointments with psychologists, doctors and/or any other assistance that

they may require.

5. The administrative leave, set forth in number 3 above, is required only for

the employee(s) actually applying the deadly force. Administrative leave for

other employees who may be involved or witness the incident but did not

apply deadly force will be evaluated on a case-by-case basis.

6. The employee may utilize appropriate leave, including workers’

compensation, sick leave, compensatory time or vacation, if they disagree

with the psychologist's recommendation to return to duty.

7. The employee may request a second and/or third opinion pursuant to

Section 1.24.800 of the Official Code of the City of Tacoma.

Section 30.13 - Searches of Storage Space

Absent an employee's consent or exigent circumstances, no assigned storage space shall be

searched relative to a criminal or internal investigation without a search warrant having first been

issued for the area to be searched. The Department reserves the right to enter, inspect and/or

reclaim the use of storage space absent employee's consent when the assignment of any storage

space is not determinable after a reasonable effort has been made to determine who is using the

space.

Section 30.14 - Criminal Investigations

This Article shall not apply to criminal investigations conducted by the Department. In such

criminal investigations, the following procedures shall be followed prior to the commencement of

the interview:

A. The investigator shall notify the employee of the criminal nature of the investigation;

B. The investigator shall notify the employee that a refusal to answer questions asked by

the investigator will not be a basis for disciplinary action against the employee.

The employee has the right to not participate in the interview, and the right to terminate the

interview, without resulting discipline.

ARTICLE 31 - WORK FOR THE TACOMA VENUES AND EVENTS (TVE)

Utilization of police bargaining unit personnel by the Tacoma Venues and Events shall be as

follows:

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A. Staffing levels at the Tacoma Dome events shall be set by the Tacoma Venues and

Events (TVE) management in consultation with the Police Department and shall be

established at levels sufficient to provide officer safety. If reasonably possible,

staffing levels shall be set at least fourteen (14) days prior to the event. Officers

assigned to the Dome shall perform the normal duties of a Police Officer and shall

be subject to the direction and control of the Police Department.

B. Such personnel shall be paid through the City payroll system and therefore, eligible

for the same benefits as other similarly employed personnel. All appropriate payroll

deductions shall be made.

C. All police bargaining unit personnel working TVE Department events either inside or

outside the facility shall be assigned and work a minimum of four (4) hours each

event and shall be compensated for all hours worked, except as follows:

1. when an event is canceled and the officer is not notified of the cancellation and

consequently reports as assigned, they shall receive four (4) hours minimum

pay,

2. when an officer is sent home by TVE management due to lack of work they

shall receive the four (4) hour minimum, and

3. when an officer elects to leave, due to lack of work as determined by TVE

management, they shall receive pay for the hours actually worked.

D. The TVE Department shall receive seven (7) days in advance of an event, notice

from the special events officer regarding the availability of the required number of

police personnel. If the required number of acceptable police personnel cannot be

obtained from within the Tacoma Police Department, the Chief of Police may

contact other law enforcement departments to obtain additional police personnel in

order to achieve the required number of volunteer police personnel for an event.

E. The hourly pay rate for volunteer work performed under the terms of this Article

shall be at time and one-half (1-1/2) the officer's rate of pay.

ARTICLE 32 - TUITION REIMBURSEMENT

The Police department agrees to provide up to $35,000 per year during the term of this Agreement

for tuition reimbursement for bargaining unit employees working toward accredited college

degrees. Criteria for reimbursement of the Police department training funds are set forth in

Appendix B.

ARTICLE 33 – DRUG AND ALCOHOL TESTING PROGRAM

Reporting to work under the influence of alcohol and/or illegal drugs is strictly prohibited and may

result in disciplinary action, up to and including termination. Treatment/rehabilitation for alcohol or

drug abuse undertaken by the employee following commencement of any internal investigation or

other disciplinary action shall be considered by the City in administering discipline to the employee.

The City policy and procedures shall be followed.

Where a supervisory employee of the City has a reasonable suspicion to believe an employee is

under the influence of alcohol or illegal drugs, or is using illegal drugs, the employee in question

will be asked to submit to discovery testing in accordance with the city policy and procedures.

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An employee who refuses to submit to discovery testing for alcohol and/or illegal drugs shall be

conclusively presumed to be under the influence of alcohol or an illegal drug for the purpose of

administering the policy.

ARTICLE 34 – 4

OF JULY

A. Bargaining unit work on the Fourth of July holiday for the Freedom Fair (or an

equivalent event) or fireworks patrol shall be staffed as follows:

1. The operational period for this agreement will be defined as beginning on July 4

at 0500 and concluding July 5 at 0200 hours, and all overtime and holiday

premium pay will continue during that operational period.

2. The City shall first use those employees who would be regularly scheduled to

work on the Fourth of July holiday.

3. In the event, there is a need for more personnel than those employees who

would be regularly scheduled to work on the Fourth of July holiday to perform

bargaining unit work on the Fourth of July holiday, the City shall seek volunteers

to perform all such work from the members of the bargaining unit represented by

the Union by sending an email communication to all Local 6 bargaining unit

employees seeking volunteers at least sixty (60) calendar days prior to the

Fourth of July holiday and allowing Local 6 bargaining unit employees to accept

the volunteer work until at least thirty (30) calendar days prior to the Fourth of

July holiday. Any bargaining unit employee volunteering for such work shall be

allowed the opportunity to work and shall be paid the applicable rate for such

work on the holiday.

In the event there is a need for more personnel in addition to those employees

who would be regularly scheduled to work on the Fourth of July holiday and

volunteers to perform bargaining unit work on the Fourth of July holiday, the City

shall use law enforcement personnel from other agencies to perform such work.

This section shall not apply to the staffing of specialty positions necessary for

the Fourth of July holiday.

B. The City will not force any member of the bargaining unit who is not regularly

scheduled to work on the Fourth of July holiday to work on such holiday unless the

City is unable to obtain sufficient department volunteers and law enforcement

personnel from other agencies to adequately staff the Fourth of July holiday.

C. In the event it is necessary to force employees to work the Fourth of July holiday in

accordance with paragraph B above, employees shall be assigned to the Fourth of

July holiday using reverse department seniority (lowest to highest).

D. Any employee forced to work on the Fourth of July holiday as provided in paragraph

B and C above, shall be paid triple time of their regular rate for all hours worked

during the operational period defined in paragraph A.1.

E. The Union waives any right to challenge or make reference to the City’s use of law

enforcement personnel from other agencies to perform bargaining unit work on the

Fourth of July holiday in accordance with this Article in any proceeding, including a

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proceeding claiming that the City’s use of law enforcement personnel from other

agencies in accordance with this section constitutes skimming.

F. The City waives any right to make reference to the use of law enforcement

personnel from other agencies to perform bargaining unit work on the Fourth of July

holiday in any proceeding, including any grievance, arbitration or PERC proceeding.

G. Nothing in this section shall preclude either party from seeking to enforce the terms

of this section.

ARTICLE 35 – LEOFF II VOLUNTARY EMPLOYEE BENEFICIARY ASSOCIATION (VEBA)

Section 35.1 - VEBA Program Parameters:

A. The Union will forego one percent (1.0%) of the bargaining units’ salary. Once the

bargaining unit wage scales are identified in any given year, each member of the

bargaining unit will receive ninety-nine percent (99%) of the base wage rate in

exchange for this benefit.

B. For the specific purpose of calculating wage comparisons, the one percent (1.0%)

reduction will be considered as a component of base wages.

C. The VEBA retirement program is only available to bargaining unit members, who

are enrolled in the Washington State Law Enforcement Officers’ and Fire Fighters’

(LEOFF) Plan 2 retirement plan. This plan is only applicable to such employees who

voluntarily separate employment from the City service through retirement.

D. The VEBA retirement program is not an employee right. Employees must meet the

eligibility criteria and terms of the program.

Section 35.2 - Rules and Eligibility Requirements:

A. This is a voluntary program offered to eligible LEOFF Plan 2 employees. Such

employees must meet all eligibility requirements to be approved for the retirement

incentive program, and the City retains the ability to make the final eligibility

decisions.

B. This voluntary retirement program does not include a direct cash payment. Instead,

it consists of payments made into approved retirees’ VEBA accounts until the earlier

of the month when the employee reaches age sixty-five (65) or Medicare eligibility.

These payments will be subject to all rules and laws applicable to the retirees’

VEBA accounts.

C. If the retiree passes away before Medicare eligibility or age sixty-five (65), the VEBA

contribution will terminate. The retiree’s beneficiary (spouse or qualified dependent)

will be eligible to continue to utilize this program until the funds in the deceased

retiree’s account are exhausted. In the event there is no beneficiary, the remaining

funds will be equally distributed among current VEBA participants within this

program.

2024-2026 L6 CBA

D. Employees approved for this program and separating from service due to a

disability retirement must meet the age and years of service requirements in

paragraph J below.

E. An employee applying for the LEOFF II VEBA retirement program must be eligible

to retire under the LEOFF Plan 2. If an employee applies but does not retire by the

established retirement deadline, the employee will not be eligible for the program in

any future year.

F. Employees approved for the retirement program will not be placed on the City’s

layoff registers and are not eligible for rehire as a regular, benefited, permanent

employee.

G. Employees approved for the retirement program agree not to file for unemployment

benefits due to separation of employment from the City.

H. Each year the LEOFF II VEBA retirement program will be open for up to twelve (12)

employees, no more than three (3) of which retire in any one (1) quarter. If more

than twelve (12) employees apply for enrollment into the program, selection will be

accomplished on the basis of Department seniority only, excluding individual or

personal factors. Any changes to the maximum number of employees who may

apply for this program will require mutual agreement between the parties. In the

event an employee is selected as one of the twelve (12) eligible employees for the

VEBA retirement program but withdraws their retirement prior to January 1

of the

subsequent VEBA retirement year, the open slot(s) will be awarded to the next

eligible employee who otherwise timely applied for the VEBA program.

I. At any given time that the collective cost of the VEBA retirement program exceeds

two percent (2%) of base wages annualized, up to one percent (1%) from the Union

and up to one percent (1%) from the City, the parties agree to reopen negotiations

regarding a cost-sharing agreement, during which time, no new employees will be

added that would cause the program to exceed two percent (2%). Effective January

1, 2024, the City’s monthly contribution will be $597.00. A two percent (2%) per

year escalator provision to the City’s monetary contribution to the VEBA account for

eligible current and future participants will be provided annually on January 1.

J. To be eligible for the program, employees must be at least fifty-three (53) years of

age. In addition, employees must have age + years of service totaling at least

seventy-five (75) or higher.

K. The deadline to apply for this retirement program is no later than 5:00 pm,

December 1st of the current year, unless otherwise agreed to by the parties.

L. The deadline to retire for approved employees is the end of the quarter of the

following year identified for their retirement, unless otherwise agreed to by the

parties. Payments will begin the first full month following retirement; provided that

any employee who retires ahead of their planned retirement date will not receive the

first payment until the first of the month following the approved retirement date

based on the selection criteria set forth in paragraph H of this Article.

M. Enrollees will sign an agreement that outlines the parameters, eligibility and terms of

the retirement program.

2024-2026 L6 CBA

The Parties will reopen negotiations on this voluntary retirement benefit program in the event that

State or national health care laws provide a retirement benefit option to police officers.

ARTICLE 36 – INVESTIGATIVE SUSPENSION WITHOUT PAY

The Chief (or the officially designated Acting Chief) shall place an employee on an investigative

suspension, without pay status, when that employee has been charged with a crime that, if found

guilty, would disqualify the employee from maintaining their peace officer commission per RCW

43.101.105, Section 2 (a) (i) A-E, or as hereafter amended by the Legislature.

The Chief (or the officially designated Acting Chief) will notify the employee in writing of the

investigative suspension, with a copy provided to the Union.

During the investigative suspension, the City will continue the employee’s existing employer-paid

health insurance benefits (medical, dental, vision, EAP, wellness). The employee will be required

to pay their share of the health care premiums. The City maintains the sole determination as to

whether an employee may be allowed to utilize accrued vacation time or floating holidays during

the investigative suspension.

Investigative suspensions are not disciplinary in nature and, therefore, are not subject to the

grievance or Civil Service procedures.

Should the employee be found not guilty, the criminal charge is otherwise disposed of without a

finding of guilt, or the criminal charge is reduced below the disqualifying offenses listed in RCW

43.101.105, Section 2 (a) (i) A-E, the employee will be returned to a paid status

with back pay with

nine percent (9%) interest. Back pay will not be provided if the employee resigns, retires, or is

medically separated while the suspension remains in effect and the criminal charges remain

pending.

The investigative suspension will end if the criminal charges have been fully adjudicated, but the

City’s internal/administrative investigation has not yet been completed. Until the

internal/administrative investigation is finalized, the employee will be returned to a paid status with

back pay, and the employee will either be returned to work or placed on paid administrative leave.

If the City proposes discipline after the finalization of the investigation, the employee will be

afforded a pre-discipline Loudermill hearing, consistent with the other terms of this Agreement. If

no discipline is proposed after the investigation is complete, the employee will be offered a post-

suspension hearing to rebut the original charges further or clear their name.

Nothing in this section prohibits the City from imposing discipline when supported by “just cause,”

regardless of whether the employee is convicted of a crime, or from conducting an

internal/administrative investigation while a criminal investigation or criminal prosecution of an

employee remains underway.

Violations of the process outlined in this Article may be grieved under the terms of the Collective

Bargaining Agreement. However, the investigative suspension itself is not grievable or appealable

under the Civil Service procedures.

2024-2026 L6 CBA

APPENDIX

TACOMA POLICE UNION LOCAL #6

Bargaining Unit

A. There shall be six (6) steps for Police Officer with six (6) months between steps 1-

2, 2-3, 3-4 and one (1) year between the steps thereafter. There shall be two (2)

steps for all other classifications, with six (6) months between steps.

B. Wages:

An annual wage increase of 100% of the June-to-June Consumer Price index for

Urban Wage Earners and Clerical Workers (CPI-W), Seattle-Tacoma-Bellevue area,

shall be applied to the base wage of bargaining unit members with a minimum of

one percent (1%) and up to a maximum of five percent (5%). In the event the wage

increase is not sufficient to maintain the current first (1

) place ranking in the

market, an amount shall be applied to the base wage rate that is necessary to

maintain the current first (1st) place ranking in the market. For purposes of this

provision and for this contract only, the comparables to be used for determining the

market are the cities of, Everett, Kent, Renton, Spokane and Vancouver, and the

calculation of the net hourly wage shall be based on information publicly available

as of July 31

of the year prior to the effective date of the wage increase. The net

hourly wage shall be calculated for a ten-year patrol officer as follows:

1. Determine the net annual hours by subtracting annual vacation and holiday

hours from annual scheduled hours.

2. Determining annual compensation by totaling the annual base pay, longevity

pay, and education pay.

3. Determining net hourly compensation by dividing annual compensation (2

above) by the net annual hours (1 above).

Retroactive to January 1, 2024, the base wage rates shall be increased by six and

five-tenths percent (6.5%), an amount the parties agree maintains bargaining unit

employees’ first (1

) place ranking in the market. Retroactivity shall be paid to any

member of the bargaining unit performing any bargaining unit work after January 1,

2024. The following table reflects this increase before the one percent (1%) of the

bargaining units’ salary is foregone for the Voluntary Employee Beneficiary

Association (VEBA) Program as referenced in Article 35 of this Agreement:

2024 Wage Increase

Code

Job Title

42020

Police

Officer

42.80

48.79

51.23

53.79

56.48

59.30

42040

Police

Sergeant

68.28

71.69

42070

Police

Detective

62.06

65.16

2024-2026 L6 CBA

Effective January 1, 2025, the base wage rates shall be increased by seven percent

(7%), an amount the parties agree maintains bargaining unit employees’ first (1

)

place ranking in the market. The following table reflects this increase before the one

percent (1.0%) of the bargaining units’ salary is foregone for the Voluntary Employee

Beneficiary Association (VEBA) Program as referenced in Article 35 of this

Agreement:

2025 Wage Increase

Code

Job Title

42020

Police

Officer

45.79

52.20

54.81

57.55

60.43

63.45

42040

Police

Sergeant

73.06

76.71

42070

Police

Detective

66.40

69.72

The parties agree that as of January 1, 2026, the 2025 base wage rates shall be

increased by the amount resulting from the CPI/1

-place in market calculation above.

C. Longevity pay shall be provided to eligible employees as defined by the

Compensation Plan according to the following schedule:

1. From 5 through 9 years aggregate service as a uniformed employee - 2%

per month of monthly rate.

2. From 10 through 14 years aggregate service as a uniformed employee – 4%

per month of monthly rate.

3. From 15 through 19 years aggregate service as a uniformed employee – 6%

per month of monthly rate.

4. 20 years or more aggregate service as a uniformed employee – 8% per

month of monthly rate.

D. Deferred Compensation: Effective upon ratification by the City Council, the City

will match an employee’s deferred compensation contribution to a maximum City

contribution of two hundred and thirty-eight dollars ($238) per pay period. As an

additional reminder, employees are responsible for monitoring their deferred

compensation accounts. In the event the applicable maximum contribution per the

IRS rules for 457(b) plans is reached, the City ceases the contributions for both

the City and the employee.

1. An employee may increase or decrease their deferred compensation

contribution at any time during the year and any subsequent year. Per IRS

requirements, changes to the employee contribution will increase the

employer match in the first pay period of the next month following receipt

of the changed election. Employee contributions will stop or decrease the

employer match by the next pay period following the changed election.

The City’s match will float with the changes to the employee’s contribution,

up to the maximum match.

2024-2026 L6 CBA

2. During new hire enrollment, and annual enrollment, the City will clearly

communicate: the amount and methodology for the City’s deferred

compensation match as set forth in this Agreement; that the Roth IRA

option is not eligible for the City deferred compensation match; and that

employees may adjust their contributions at any time during the year with

the adjustment to become effective during the next pay period following

the changed election.

2024-2026 L6 CBA

APPENDIX B

TACOMA POLICE UNION LOCAL #6

Tacoma Police Department Tuition Assistance Program

I. PURPOSE

The City of Tacoma recognizes the importance of continuing education to fully develop knowledge,

skill, and abilities which will increase job performance and effectiveness. This policy has been

established to provide an opportunity for Tacoma Police Local #6 members to obtain additional

education or training that increases competencies and develops new skills. The program is limited

to tuition only.

II. ADMINISTRATION

Tacoma Police Department’s Tuition reimbursement funds shall be administered by the

Department’s Support Services Division Chief.

III. POLICY

Pursuant to the Tacoma Police Union Local #6 labor contract with the City of Tacoma, the

reimbursement rates shall remain in effect unless and until otherwise revised through negotiated

contract change. Depletion of allocated tuition reimbursement funds will result in the denial of

requests for reimbursement.

Participation in the tuition program is voluntary off-work hours and in no case is to be made a

condition of employment. There is no guarantee or promise of promotion or new assignment as a

result of courses. Course attendance and preparation must be on the member’s own time and

must not interfere with the member’s job.

A. COURSES: The Department will reimburse members for only those courses identified within

the guidelines of this policy.

1. Tuition reimbursement applies to graded credit courses sponsored by an accredited

educational institution (technical college, community college, four-year college or

university).

2. Each course must be approved individually. Blanket approval is not given for all courses

required for a degree.

3. Tuition reimbursement is limited to 10 credit hours per school quarter or semester

equivalent. Request for additional credit hours will require supporting written

management recommendation.

4. The coursework must prepare the employee to perform a role within the Department and

support the Department's business needs. There must be a mutual benefit to the

employee's career development and the long-term interests of the Department. Careful

consideration should be given to the curriculum and a realistic timetable for completion.

In approving applications for tuition assistance, the following shall be considered:

a. Job-relatedness of the course

b. The Department's need for the course of study to be pursued by the employee

2024-2026 L6 CBA

c. Recommendation by the employee's supervisor

d. Coursework is related to a function of the Department

B. EXCLUSIONS: The tuition reimbursement policy does not apply to: certificate programs,

non-credit, non-graded workshops, seminars or courses; credit courses taken on an audit

basis; career assessment courses.

C. ELIGIBILITY

1. Tuition reimbursement is available to any full-time permanent non-probationary Tacoma

Police Union Local #6 member.

2. A member must be on the active payroll at the time of application for tuition

reimbursement through the date listed by the school as the closing date of the quarter

or semester for which the reimbursement is requested.

3. If a member who has been approved for tuition reimbursement, transfers to another City

department during the academic semester/quarter, the member will be ineligible for

reimbursement.

4. A member taking a leave of absence for any purpose, other than protected leave, is not

eligible for tuition reimbursement.

D. APPROVAL

1. Tuition assistance is offered by the Department to assist employees with their

educational expenses. Tuition and educational expenses incurred and paid for by the

employee will be reimbursed through this program. The expenses should be directly

related to coursework approved by the Support Services Bureau Chief and taken at an

accredited institution as stipulated in this policy and procedure.

2. To establish eligibility for tuition reimbursement, a member must obtain management

approval and complete necessary paperwork for the course prior to the beginning of

each quarter or semester. Receipts for tuition must be presented with requests for

reimbursement.

3. Approval for reimbursement is dependent on the availability of funds. Funds are

appropriated on a first come first serve basis. Undergraduate courses will take

precedent over graduate courses.

4. Employees must sign a repayment agreement which becomes effective if:

a. The employee leaves Tacoma Police Department employment within one year of

successful course completion, except for those who are involuntarily laid off due to

no fault of the employee.

b. The employee receives any tuition reimbursement in the six months (180 days) prior

to their termination date.

E. DISBURSEMENT

1. A grade slip or grade transcript must be presented to obtain reimbursement. Any fees

associated with obtaining a transcript or grade certification are the responsibility of the

2024-2026 L6 CBA

member. To be eligible for tuition reimbursement, applicant must achieve passing

grades as follows:

a. High school, technical, undergraduate college courses will be regarded as

successfully completed if a grade of "C" or 2.0 grade on a 4.0 scale is achieved.

b. A "Pass" grade in a Pass/Fail grading system is acceptable if the school equates

"Pass" to a grade of "C" (2.0 on a 4.0 scale).

c. Graduate/Post-Graduate level courses will be regarded as successfully completed if

a grade of "B" or 3.0 grade on a 4.0 scale is achieved.

2. Upon receipt of required documentation at the end of the quarter or semester, the

member will be reimbursed for tuition as follows:

a. Technical and Community Colleges - up to 100 percent of the University of

Washington undergraduate tuition rate.

b. Four Year Colleges and Universities - up to 100 percent of the University of

Washington undergraduate tuition rate for undergraduate and graduate courses.

Requests for reimbursement exceeding the above will require a written management

recommendation. Resident tuition, less than the University of Washington rate, will

be reimbursed at 100 percent of the lesser rate.

3. Members eligible for education expense reimbursement from other agencies or sources

(i.e., veteran’s aid, scholarships, fellowships, grants in aid, etc.) will receive up to 100

percent tuition reimbursement form the City reduced by the amount of reimbursement to

the member from these other funding sources. If a member receives up to 100 percent

reimbursement from other funding sources the members is not eligible for

reimbursement from the City.

4. Should a member enrolled in a course approved for reimbursement be forced to

withdraw due to City action beyond the member’s control, the City will reimburse up to

100 percent for tuition which cannot be recovered by the member from the school.

2024-2026 L6 CBA

APPENDIX C

REGENCE MEDICAL

Medical Benefit

PPO

Preferred Network/Participating Network/

Out of Network

HDHP/HSA

Preferred Network/Participating Network/

Out of Network

Deductible

(Amount the employee pays)

$250 Individual (waived for office visits)

$1,600 Individual*

$500 Family (waived for office visits) $3,200 Family*

Coinsurance

(Employee share of the cost of a

covered service - unless specified

otherwise)

10%/ 40%/ 50%

20%/40%/50%

Office Visits – Illness or Injury

(Amount the employee pays)

$20 office visit copay/ 40% after $20 copay/ 50%

after $20 copay

20%/40%/50%

Telehealth (through MDLive) $10 copay After Deductible 20%

Telehealth (Virtual Visit) $10 copay/ $10 copay/ 50%

After Deductible 20%/ After Deductible 20%/

After Deductible 20%

Out-of-Pocket Maximum:

Includes deductible, Coinsurance and

Copays

(Amounts the employee pays)

$1,500 Individual $3,000 Individual

$3,000 Family $6,000 Family

Preventive Care

(Amount the employee pays)

0% / 0%/ 50%

Not Subject to Deductible

0% / 0%/ 50% - Not Subject to

Deductible

Professional

(Amount the employee pays)

After Deductible 0% /

After Deductible 40% /After Deductible 50%

After Deductible 20% / After Deductible 40%

/ After Deductible 50%

Emergency Room Copay

(Amount the employee pays)

After $150 copay and

Deductible 10% / 10% / 10% (Facility)

After Deductible 0% / 0% /0% (Professional)

After Deductible 20%/20%/20% (Facility)

After Deductible 20%/20%/20% (Professional)

Hospital Stay

(Amount the employee pays)

After Deductible 10% /40%/ 50% (Facility)

After Deductible 0% / 40%/ 50% (Professional)

After Deductible 20% / 40%/ 50% (Facility)

After Deductible 20%/ 40%/ 50%(Professional)

Outpatient Surgery

(Amount the employee pays)

After Deductible 10% / 40%/ 50% (Facility)

After Deductible 0% /40%/ 50% (Professional)

After Deductible 20% / 40%/ 50% (Facility)

After Deductible 20%/ 40%/ 50% (Professional)

Lab/X-Ray

(Amount the employee pays)

After Deductible 0% / 40%/ 50% After Deductible 20% / 40%/ 50%

Vision Exam/Schedule No hardware No hardware

Pharmacy

(Amount the employee pays)

100% coinsurance up to the following for a

(30 day) supply:

Tier 1/Tier 2: $5 Max

Tier 3: $35 Max

Tier 4/Compound Medication: $60 Max

–Tier 5: $75 Max

Tier 6: $150 Max

Mail Order - 90 days for 2 copays

*Low Value Drug Exclusion List added to exclude

high-cost drugs that have a lower cost alternative

Retail or Mail Order:

Up to 90-day supply and up to 30 day supply

for covered self-administrable injectable

medication.

After Deductible 20% - member may be

balance billed when non-participating pharmacy

is used.

*Rx list includes drugs in certain categories that

will not be subject to the plan deductible. It

includes generic medications and formulary

brand-name medications specifically

designated for treatment of chronic diseases.

*Low Value Drug Exclusion List added to

exclude high-cost drugs that have a lower cost

alternative

2024-2026 L6 CBA

REGENCE MEDICAL

Medical Benefit

PPO

Preferred Network/Participating Network/

Out of Network

HDHP/HSA

Preferred Network/Participating Network/

Out of Network

Health Savings Account

IRS Annual Contribution Limits

N/A

$4,150/ $8,300*

(Employee Family)

City Annual Contributions to Health

Savings Account

(prorated per pay period)

Employee Only

Employee +

Family

$500 w/o Wellness

$1,000 w/o

Wellness

$1,250 with Wellness

$2,500 with

Wellness

Monthly Employee Premium

Contributions (Single/Family)

$50/$100 $50/$100

*Annual limits are subject to change by the IRS.

2024-2026 L6 CBA

KAISER PERMANENTE

Medical Benefit

HMO

In Network

Deductible

(Amount the employee pays)

$100 - Individual

$200 - Family

4th Quarter Carryover

Coinsurance

(Employee share of the cost of a covered

service - unless specified otherwise)

N/A

Copay

(Amount the employee pays)

$10 Primary/ $20 Specialist copay + Deductible

Telehealth

(Amount the employee pays)

Out-of-Pocket Maximum:

Includes deductible,

Coinsurance and Copays

(Amounts the employee pays)

$1,500 Individual

$3,000 Family

Preventive Care

(Amount the employee pays)

Not subject to Deductible

Professional

(Amount the employee pays)

$10 Primary, $20 Specialist copay + Deductible

Emergency Room Copay (Amount the

employee pays)

$150 copay + Deductible

Note: only ER services are available out of network for HMO plan

Hospital Stay

(Amount the employee pays)

$100 copay x 3 days + Deductible

Outpatient Surgery

(Amount the employee pays)

$100 copay + Deductible

Lab/X-Ray

(Amount the employee pays)

Inpatient: covered under Hospital Services

Outpatient: $0 + Deductible

Vision Exam/Schedule

(Amount the employee pays)

(Amount the plan pays)

Annual Exam:

(1 visit every 12 months)

$10 copay, Deductible Waived

$150 Hardware Allowance

(Every 12 months) - Deductible Waived

Pharmacy

(Amount the employee pays)

Group Health (30 day supply):

Generic $5/ Preferred Brand $25/ Non-Preferred Brand $50

Mail order:

2x for 90 day supply

Monthly Employee Premium

Contributions

(Single/Family)

$50/$100

2024-2026 L6 CBA

APPENDIX D

City of Tacoma Employee Wellness Program

The Wellness Program annual incentive period runs from Oct. 1 of one year through Sept. 30 of

the following year. Employees must earn 25,000 points by the Sept. 30 deadline to qualify for the

wellness incentive for the next calendar year (Jan.1).

There is an array of activities that employees can complete to earn the required 25,000 points as

provided in the Virgin Pulse Wellness platform:

2024 - 2026 Wellness Incentive Requirements

Goal: 25,000 points

Activity

Take 2,000 steps in a day (daily) = 20 points

Take 3,000 steps in a day (daily) = 30 points

Take 4,000 steps in a day (daily) = 40 points

Take 5,000 steps in a day (daily) = 50 points

Take 6,000 steps in a day (daily) = 60 points

Take 7,000 steps in a day (daily) = 70 points

Take 8,000 steps in a day (daily) = 80 points

Take 9,000 steps in a day (daily) = 90 points

Take 10,000 steps in a day (daily) = 100 points

Take 11,000 steps in a day (daily) = 110 points

Take 12,000 steps in a day (daily) = 120 points

Take 13,000 steps in a day (daily) = 130 points

Take 14,000 steps in a day (daily) = 140 points

Workout for 15 minutes (daily) = 70 points

Workout for 30 minutes (daily) = 100 points

Workout for 45 minutes (daily) = 140 points

15 active minutes in a day (daily) = 70 points

30 active minutes in a day (daily) = 100 points

45 active minutes in a day (daily) = 140 points

Track 20 days: 7,000 steps/15 active minutes/15 workout minutes (monthly) = 400

points

Track 20 days: 10,000 steps/30 active minutes/30 workout minutes (monthly) = 500

points

Connect first activity device (one time) = 200 points

Daily Cards

Do your daily cards (x2 daily) = 20 points per card

Complete 10 daily cards in a month (monthly) = 100 points

Complete 20 daily cards in a month (monthly) = 200 points

Challenges

Creating a personal challenge (monthly) = 150 points

Join personal challenge (monthly) = 100 points

Join the Company challenge (monthly) = 10 points

2024-2026 L6 CBA

Create a team in the Company challenge & recruit enough players to fill it (monthly) =

50 points

Post a chat comment at least once a week for all weeks of the challenge (monthly) =

50 points

Reach 10% of your challenge goal (monthly) = 50 points

Reach 25% of your challenge goal (monthly) = 50 points

Reach 50% of your challenge goal (monthly) = 50 points

Reach 75% of your challenge goal (monthly) = 50 points

Reach 100% of your challenge goal (monthly) = 100 points

Reach 110% of your challenge goal (monthly) = 100 points

Reach the final destination in the destination challenge (monthly) = 100 points

Track steps at least once a week for all weeks of a destination challenge (monthly) =

100 points

Reach final challenge step (monthly) = 400 points

Win the promoted healthy habit challenge (monthly) = 200 points

Unlock a destination in the destination challenge (50x per month) = 25 points each

Add a friend outside of your company (quarterly) = 100 points

Custom

Complete a certified weight management program (quarterly) = 1,000 points

Attend a City of Tacoma wellness webinar or onsite seminar (12x per program year) =

250 points

Complete annual physical (1x per program year) = 2,500 points

General

Set your interests (quarterly) = 100 points

Invite a colleague to join (5x per program year) = 50 points per referral

Complete Nicotine-Free Agreement (1x per program year) = 100 points

Set a wellbeing goal (1x per program year) = 200 points

Journeys

Complete a Journey (12x program year) = 150 points each

Complete a Journey step (1x daily) = 30 points

My Care Checklist

Complete 3 preventive care activities (1x per program year) = 500 points

Nutrition

Browse healthy recipes via Zipongo (daily) = 10 points

Daily Calorie tracking via MyFitnessPal (daily) = 20 points

Favorite a recipe via Zipongo (weekly) = 10 points

Add a recipe to grocery list via Zipongo (weekly) = 10 points

Track calories 10 days in a month via MyFitnessPal (monthly) = 200 points

Track calories 20 days in a month via MyFitnessPal (monthly) = 300 points

Choose your eating type via the Nutrition Guide (quarterly) = 250 points

Connect MyFitnessPal (onetime) = 100 points

2024-2026 L6 CBA

Onetime

Add a profile picture = 100 points

Complete registration = 100 points

First log in to mobile app = 250 points

Add 5 friends = 250 points

Recognition

Give a shoutout (monthly) = 100 points

Receive a shoutout (monthly) = 100 points

Sleep

Track sleep manually (daily) = 20 points

Track sleep nightly (daily) = 20 points

Sleep >7 hours in a night (daily) = 50 points

Track sleep 10 days in a month (monthly) = 100 points

Track sleep 20 days in a month (monthly) = 200 points

Sleep >7 hours 20 nights in a month (monthly) = 500 points

Choose your sleep profile via the Sleep Guide (quarterly) = 250 points

Survey

Completing the Health Check Survey (1x per program year) = 2,500 points

Tracking

Track your healthy habits (3x daily) = 10 points each

Track healthy habits 10 days in a month (monthly) = 200 points

Track healthy habits 20 days in a month (monthly) = 300 points

First time tracking healthy habits 5 days in a month (onetime) = 100 points

2024-2026 L6 CBA

APPENDIX E

LETTER OF AGREEMENT

Between The

City of Tacoma

And

Tacoma Police Union Local #6, I.U.P.A

Subject: Community Service Officer

The City of Tacoma (“City”) and the Tacoma Police Union Local #6, I.U.P.A. (“Local 6”), (collectively,

the “Parties”) enter into this Letter of Agreement (“LOA”).

Background

This LOA results from the Parties’ interest in having Community Service Officers (“CSOs”) perform work

historically performed by employees in the Local 6 bargaining unit. To support the Tacoma Police

Department’s (TPDs) vision of increasing perceptions of safety and decreasing preoccupation with crime

among members of the community, the Parties agree that having alternative methods of receiving law

enforcement assistance can be obtained by supplementing the work of commissioned law enforcement

officers with limited commission CSOs.

Agreement

The Parties agree to the following terms and conditions:

1. A reduction in full-time funded commissioned positions in the Local 6 bargaining unit will not

occur due to implementing the CSO classification. Additionally, the CSO classification will not

supplant off-duty or special event assignments historically performed by commissioned Local 6

members.

2. The Alternate Report Unit (ARU) will continue to exist in its current form, and CSOs will not be

assigned to work in the ARU.

3. The work described in the CSO classification specification (Attachment A) will be shared

between the commissioned employees in Local 6 and the CSO classification. When CSOs are

unavailable, commissioned Local 6 members will perform the duties of the CSO classification.

4. The Special Commission granted, and the duties assigned to the CSO classification shall not

constitute skimming for the purpose of a grievance under the Local 6 Collective Bargaining

Agreement.

5. The CSOs will be scheduled based on call volume analytics. Scheduling will be done in a manner

that provides the most coverage for the type of calls a CSO can respond to.

6. Prior to hiring CSOs, the City and Local 6 will form a workgroup to discuss processes, policies,

and procedures that may impact Local 6 members.

2024-2026 L6 CBA

03/28/2023

Letter of Agreement

City of Tacoma and Local

6 Re: Community Service

Officer Page 1 of 2

7. Background investigations for the CSO classification will be at a minimum at the same level as a

background investigation conducted for Animal Control new hires.

8. The City agrees to voluntarily recognize the CSO classification as a bargaining unit after

verification of majority support through a card check process.

This agreement will become effective upon the final signature of all parties.

FOR THE CITY: FOR THE UNION:

04/03/2023

03/27/2023

Elizabeth Pauli

City Manager

Date

Henry Betts

President, Local No. 6

Date

Avery Moore Date

Chief, Tacoma Police Department

Shelby Fritz Date

Human Resources Director

Approved as to form:

03/27/2023

Cheryl Comer Date

Deputy City Attorney

Letter of Agreement

City of Tacoma and Local

6 Re: Community Service

Officer Page 2 of 2

DocuSigned

by:

~EE~

DocuSigned

by:

~BF~

ATTACHMENT

2024-2026 L6 CBA

Community

Class Code:

Service Officer

CITY OF TACOMA

Revision Date:

SALARY RANGE

CLASS SUMMARY DEFINITION:

Under the general supervision of a Sergeant, the Community Service Officer (CSO)

performs a variety of duties in support of public safety and law enforcement activities

that do not require the enforcement authority of a commissioned Police Officer.

A CSO serves in a non-sworn capacity responding to calls for service; performing a

range of support functions; develops a rapport with citizens; demonstrates problem-

solving ability; and displays a positive relationship with citizens, as well as other

employees throughout the Department and the City.

ESSENTIAL DUTIES:

•

Duties as assigned at the direction and approval of a Sergeant and will be

directed to assist Officers or directly dispatched to routine calls with the approval

of a Sergeant

•

Responds to and prepares reports of calls for service that are not in progress,

routine in nature, and where suspects are not on the scene and there is no

immediate threat. Routine calls are incidents where the situation is over, there is

no threat to life or property, and no chance of apprehending a suspect, but

response is still needed

•

Staffs the desk at the five Department substations by taking walk-in reports and

telephone reports

•

Provides support for various services to the public, other agencies and Police

Officers, such as delivering messages, assisting in report completion, providing

transportation and assisting stranded persons

•

Performs required research to locate information for police use, such as

gathering available information on possible drug houses, wanted and paroled

persons and property owners

•

Assists at various incidents, such as potentially-hazardous situations, traffic

accidents, crime scenes, fires, funerals, special events, and during power

outages and weather-related incidents

•

Takes reports of runaways, including cases arising from missing person reports

•

Assists in providing perimeter security for crime scenes

•

Does not have arrest authority beyond that granted by state law to a private

citizen. Such employees shall not carry or possess a firearm while discharging his

or her duties as a Police Community Service Officer. The carrying or possessing

ATTACHMENT

2024-2026 L6 CBA

of a firearm is prohibited, regardless of whether or not the Police Community

Service Officer has been issued a concealed weapons permit.

•

Other duties within the scope of this job description.

KNOWLEDGE & SKILLS:

Knowledge:

•

Principles, practices and terminology related to the criminal justice system

•

State, county and city laws; codes and ordinances

•

Principles and practices of safe work methods in collecting, processing, logging, storing and

safeguarding evidence, property and materials including hazardous materials

•

Preparing clear and concise reports

•

Analyzing situations accurately and adopting effective courses of action

•

Modern office procedures, computer applications and automated law

enforcement information systems

•

Law enforcement record keeping and records management principles,

procedures, techniques and equipment

•

Local city and county roads, geographic locations and physical addresses

Skills:

•

Applying principles and methods of modern law enforcement theory to a wide variety of

programs and services

•

Working and communicating effectively, both verbally and in writing, with audiences

of various social, cultural, ethnic, educational and economic backgrounds

•

Critical thinking and exercising independent judgement

•

Uses verbal conflict resolution with hostile citizens and others encountered in

antagonistic situations

•

Applying self-defense practices, safe work methods and safety regulations while performing

a full range of non-sworn law enforcement activities

•

Communicates through radio, which includes comprehending radio transmissions being

received over multiple law enforcement radio channels. Communicates information

effectively while transmitting on the radio

•

Communicates through and operates Mobile Data Computer (MDC)

•

Operates a vehicle safely in non-emergency (routine) situations. Uses MDC and responds

to the radio-mike while performing multiple functions in-cluding floor pedals, gearshift,

steering wheel, and the radio (during both day-light and dark hours); in congested traffic

conditions; in unsafe road conditions caused by such factors as rain, ice, snow, fog, smoke,

etc.

•

Working collaboratively with peer providers, law enforcement, fire and paramedic personnel,

social services agencies and others

•

Providing court testimony

MINIMUM QUALIFICATIONS:

•

Must be at least 18 years of age at time of appointment

•

High School Diploma or equivalent

•

Specialized clerical or law enforcement training is highly desirable

LICENSES, CERTIFICATES AND OTHER REQUIREMENTS

•

Limited Tacoma Police Commission at the time of appointment, with

maintenance thereafter

•

Valid Washington State Driver's License at the time of appointment, with

maintenance thereafter

•

First Aid and CPR cards at the time of appointment, with maintenance thereafter

•

Must successfully pass a Criminal Justice Information Services (CJIS) background check

•

Subject to background screening including, but not limited to, fingerprinting, medical

and polygraph tests

•

Additional licenses and / or certifications may be required

PHYSICAL REQUIREMENTS & WORKING CONDITIONS

•

Frequent interactions with the public

•

May be exposed to hazards, such as toxic chemicals, traffic hazards, communicable

diseases and possible verbal and/or physical harm from hostile, unstable and / or

disoriented individuals

•

Work includes indoor and outdoor environments, at times in adverse weather

conditions

•

Frequently operates a City-owned vehicle

•

Physical conditions are varied; regularly may be required to crawl, climb, walk for long

periods, stand, sit, talk, hear and see, twist, balance, kneel, bend, stoop, crouch, reach,

lift, carry, drag, push/pull; occasionally carry or lift heavy objects

CLASS SPEC DATA:

Adopted:

Revised:

Reviewed:

Title Change:

EEO Category:

4 Job Group:12

Medical Group:

2 Union: NR

Overtime Category: A

SOC: 33-3051

Letter of Understanding

By and Between

Tacoma Police Union Local No. 6

Tacoma Police Management Association Local No. 26

And

City of Tacoma

Tacoma Police Department Procedures Manual

Body Worn Cameras and In-Car Video

This Letter of Understanding (“LOU”) captures the agreement between the City of Tacoma (“City”),

Tacoma Police Union Local No. 6 (“Local 6”), and Tacoma Police Management Association Local No. 26

(“Local 26”) to reflect the Parties’ agreement regarding the policy on Body Worn Cameras and In-Car

Video. Consistent with Addendum A of the Local 6 and Local 26 Collective Bargaining Agreements, the

parties agree to replace the current “Body Worn Cameras” policy with the “Body Worn Cameras and In-

Car Video” policy (attached).

This Letter of Understanding shall become effective upon final signature by the parties listed below.

For Local No. 6 For Local No. 26

_________________________________

Henry Betts Date Frank Krause Date

President, IUPA Local No. 6 President, IUPA Local No. 26

City of Tacoma

_________________________________

Avery Moore Date Elizabeth Pauli Date

Chief of Police City Manager

Approved as to form:

_________________________________

Cheryl Comer Date

Deputy City Attorney

08/22/2022 08/26/2022

08/26/2022

08/28/2022

~ DocuSigned by:

~F~

04DC6935E/F348B

...

DocuSigned by:

~BF~

Body Worn Cameras and In-car Video Page 1 of 18

TACOMA POLICE DEPARTMENT

PROCEDURES MANUAL

06/2022 (n)

BODY WORN CAMERAS & IN CAR VIDEO

Body worn cameras (BWC) and In-Car Video (ICV) are valuable tools for promoting

transparency in law enforcement by recording citizen contacts with police officers.

The Tacoma Police Department (TPD) uses BWCs and ICV to contemporaneously and

objectively document citizen contacts, create a record of certain law enforcement activities,

assist officers in the performance of their duties, and promote safety and transparency. Video

footage produced by BWCs and ICV may be used as evidence in civil or criminal investigations,

unless prohibited by law, reviewed administratively for officer compliance with department

policies (as set forth below), used as a tool in law enforcement training, and utilized as a

reference in incident documentation. This paragraph is not subject to modification during the

term of the parties’ current collective bargaining agreement unless otherwise required by law.

This procedure provides guidance on the use of BWC and ICV systems.

It is the policy of the TPD that, consistent with this policy, commissioned personnel wear BWCs

and use ICV to record their encounters on duty; and create a record of law enforcement contacts

and activities to fulfill the Department’s mission more effectively.

The City agrees that it will not implement any changes to this policy during the term of the

parties’ current collective bargaining agreement that impact mandatory subjects of

bargaining without first bargaining the decision. If subsequent changes in Federal or State

law mandate changes that impact mandatory subjects of bargaining, the City agrees to

bargain the impacts upon request.

A) Definitions

1) Advisement

Statement made by an officer that a communication, conversation or interaction with

a citizen is being recorded.

2) Activation

Body Worn Cameras and In-car Video Page 2 of 18

The process that (1) turns on the BWC and causes it to record or to store audio and

video data or (2) causes the ICV system to transmit or store video or audio data in an

active mode.

3) Body Worn Camera (BWC)

Camera system that captures audio and video signals, capable of being worn on an

officer’s person that includes, at minimum, a camera, microphone, and recorder.

4) Axon Signal® - A technology that wirelessly activates compatible Axon cameras

under certain conditions. See Informational Directive ID 21-011 for further details.

5) Body Worn Camera (BWC) Videos

Recorded media consisting of audio-video signals recorded and digitally stored on a

storage device or portable media.

6) Labeling of Video

Marking a video with the incident (ID) number and category.

7) Evidence.com

A cloud based data warehouse where body worn camera video footage is stored and

retained.

8) Digital Evidence Management System (DEMS) – A system to ingest, store, manage,

analyze and share digital evidence in a centralized, CJIS compliant repository. The

current DEMS is Axon Evidence, also known as Evidence.com.

9) In-Car Video (ICV), Dash Camera or Fleet Camera – Synonymous terms which refer

to any system that captures audio and video signals, that is capable of installation in a

vehicle, and that includes at a minimum a camera, microphone, recorder, and monitor.

ICV technology may also include automated license plate reader technology.

10) Involved Officer

Any officer who employed, or attempted to employ, force contemporaneous to the use

of deadly force.

11) Retention of Video

Body Worn Cameras and In-car Video Page 3 of 18

Retention of video refers to how long a video captured on body worn camera is kept

or retained by the Tacoma Police Department. A video is retained according to its

category.

12) Surreptitious Recording

A recording made without the knowledge of one or more of the parties to a

conversation or communication and is a violation of the Washington Privacy Act,

Chapter 9.73 RCW.

13) Witness Officer

An officer who observes or has firsthand knowledge of the events surrounding

an in-custody death or the use of deadly physical force by another officer, and

other than observing the incident, did not use deadly physical force.

Additionally, an officer who observes or has firsthand knowledge of the events

surrounding an officer’s direction to another to use deadly force.

B) Officer Responsibilities

1) Training

Prior to wearing and operating a BWC or ICV, officers are required to successfully

complete Department authorized training. This initial training will include at least:

• Department policy on BWCs and ICV.

•

System preparation, function, and operation.

•

Procedures for operating equipment and relevant software.

•

Placement of the BWC and ICV.

•

Procedures for uploading and tagging recorded data.

•

Procedures for preparing and presenting digital evidence for court.

•

Scenario based exercises that replicate situations that officers may

encounter.

Officers shall attend refresher training on BWCs and ICV as directed by the

Department.

2) Inspection

Officers shall inspect their BWC equipment at the start of every shift. If an officer

discovers that the BWC equipment is not fully charged or not functioning, they will

be responsible for notifying their supervisor, documenting the equipment failure in

CAD, and ensuring that the equipment is submitted to the Computer Support

Technician for repair and/or charging. Officers will obtain a spare BWC from their

sergeant or patrol operations desk officer when their BWC is being repaired or

replaced.

Body Worn Cameras and In-car Video Page 4 of 18

Officers shall check the function of their ICV equipment at the start of every shift. If

an officer discovers that the equipment is not functioning, they will be responsible for

notifying their supervisor for further direction. Officers should not engage in routine

patrol functions without an operational ICV system. Emergency situations or

operational need may necessitate the deployment of a patrol vehicle without an ICV

system, only with approval of the Shift Commander. If a patrol vehicle is deployed

without an ICV, a CAD note should be made to document the system status. A limited

number of pool cars equipped with ICV are also available for use by officers.

3) Requirement to Wear a BWC

All uniformed officers assigned a BWC are required to wear the camera while on

duty. Officers shall affix their camera to the chest area of their uniforms where it is

unobstructed by the uniform itself or equipment. This does not include circumstances

in which the BWC becomes unintentionally obstructed during police activity.

Officers working in an off-duty assignment should only activate their BWC during

enforcement and investigative contacts with civilians. Privately owned BWCs are not

permitted.

4) Requirement to Use the BWC and ICV

Officers are required to use their BWC to record their law enforcement activity, to do

so consistently and in accordance with department policy.

• All officers assigned a vehicle with an ICV system are required to use that

system to record their law enforcement activities consistently and in

accordance with department policy. The ICV system should be powered on

(buffering) any time the vehicle is in use.

• Officers working in an off-duty assignment should only activate their ICV

during contacts with the public and enforcement activities.

• Privately owned in-car camera systems are not permitted.

Any time an officer feels uncertainty in activation of BWC or ICV, the officer should

elect to activate the system. The City of Tacoma provides staff to review, evaluate,

and conduct redactions of BWC and ICV recordings pursuant to public records laws.

5) Axon Signal Activation

The BWC and ICV systems maintains a constant 30 second pre-event video-only

buffer. No audio is recorded in the buffering state. The system can be activated

manually by the officer or automatically by Axon Signal® in specific situations.

Axon Signal uses wireless technology to activate any compatible camera system in

range (estimated 90 feet), including BWC and ICV. A camera in sleep mode will not

respond to this automatic activation. The system will be configured to activate

automatically upon objective criteria established by TPD, including but not limited to,

Emergency Response with Siren (Slider Position 3), Collision Detection.

Body Worn Cameras and In-car Video Page 5 of 18

The BWC and ICV system can be activated by Axon Signal connected equipment

belonging to TPD or other regional Law Enforcement partners. Officers are advised

to be mindful of this as the system may activate at any time in response to an Axon

Signal broadcast initiated by another. In the event of an unintentional activation, for

which the officer is not involved in law enforcement activity, the recording can be

terminated, and the video categorized as “Inadvertent/Accidental.”

6) Procedures for Use of BWC

• Activation of the BWC

a) Starting and Ending the Recording. When circumstances and officer

safety permit:

i. Officers shall activate the BWC prior to exiting the vehicle to any

dispatched law enforcement activity. Nothing in this policy prohibits

the officers from activating the camera earlier, and officers are

encouraged to do so earlier.

ii. Officers shall activate the BWC when involved in any manner in a

police pursuit, vehicle follow, fail to yield, and active police perimeter.

iii. Officers shall activate the BWC as soon as practical upon making the

decision to engage in any self-initiated law enforcement activity.

iv. Once the BWC is activated, the officer shall leave it on until the

incident has concluded. Officers should cease recording when their

part of the active investigations is completed, and there is little

possibility that the officer will have further contact with any person

involved in the event.

v. In an officer involved shooting, an on scene supervisor will instruct

the officer when to stop their recording while on scene. Generally, this

occurs once the scene is secured and involved officers are able to be

relieved. The supervisor will then direct the officer to retain their

BWC until being provided direction from the investigative team as to

the most appropriate manner in uploading content. Likely, an assigned

member of the investigative team will physically observe the upload to

be completed by either the officer themselves or a supervisor. That

determination will be made in conjunction with the investigative team

and a department liaison.

vi. Officers should record on the BWC any reasons for turning off the

BWC if the recording is stopped by the officer prior to the conclusion

of the law enforcement activity.

vii. Officers may, at their discretion, activate their BWC any time they

determine it would be beneficial to capture an event or activity.

b) Activation Amnesty

Body Worn Cameras and In-car Video Page 6 of 18

i. No officer will be subject to discipline for failing to activate a BWC or

ICV for any reason for the first month or 16 shifts, whichever occurs

later, after they are assigned to wear a BWC and ICV. Evidence of a

failure to activate a BWC or ICV during the amnesty period shall not

be used or considered for performance evaluations or discipline after

this amnesty period. The amnesty period will apply again anytime an

officer is reassigned to an assignment without a BWC or ICV for a

period of six months or more, and then returns to an assignment with a

BWC or ICV. Notwithstanding the above paragraph, during the

amnesty period any knowing and intentional failure to record will not

be subject to amnesty.

ii. The department will track any known incidents of failure to record or

improperly ending a BWC or ICV recording.

c) Decision to Not Record

i. Officers are required to record as much of the law enforcement activity

as possible, but the sensitivity or exigency of a situation may warrant

turning off, or not activating, the BWC or ICV. The decision not to

record law enforcement activity shall be made by the officer wearing

the BWC or deploying the ICV, and shall be determined by facts and

circumstances which must be justified. Facts supporting such a

decision may include the following:

 When unsafe or impractical – Law enforcement activity

requiring a response that physically prevents an officer from

activating the BWC or ICV. Officers are advised to put safety

ahead of the requirement to record the encounter. The amount

of time driving to the call shall be a factor considered in

determining if this section applies.

 Sensitive communications – Law enforcement activity

involving sensitive communications, matters of law

enforcement intelligence or where recording the encounter

could hinder a criminal investigation.

 When a citizen objects to being recorded – If a citizen objects

to being recorded, the officer may elect to record despite the

objection. Since conversations with police officers are not

considered private under Washington law, there is no

requirement that an officer turn off the BWC or ICV for a

citizen who objects to having the interaction recorded.

 Explosive Devices – Many portable recorders, including

BWCs and audio video transmitters, emit radio waves that

could trigger an explosive device. Therefore, these devices, to

include your BWC, should be turned off and not be used

where an explosive device may be present.

ii. Officers shall document by written report or CAD any decision not to

activate the BWC or ICV or to turn off the BWC or ICV prior to the

Body Worn Cameras and In-car Video Page 7 of 18

conclusion of the law enforcement activity, and their reasons for doing

so.

7) Procedures for Use of ICV

• Activation of ICV

a) An officer may activate the ICV any time the officer believes it would be

appropriate or valuable to document an incident. However, an officer

should not feel compelled to park or position their vehicle in a way that

could compromise safety to capture events with the ICV system. Officers

are required, when circumstances and officer safety permit, to use the ICV

to record their law enforcement activity, including:

i. Emergency and/or Tactical response

ii. Vehicular Pursuits, vehicle follows, failure to yield, and active police

perimeters

iii. All transports

iv. All enforcement and investigative contacts, Terry stops and field

interviews

v. Traffic stops, including traffic violations, disabled vehicles, and

stranded motorists

b) Officers conducting traffic control (utilizing vehicles to block or divert

traffic) at static positions, such as Tacoma Dome events or off-duty

employment, are not required to activate their ICV unless there is a need to

contact a subject or conduct enforcement.

c) Officers are not required to record activities unrelated to official duties e.g.,

when purchasing food for meal breaks, engaged in personal activities, or

exchanging a general pleasantry or courtesies with the public.

8) Advisement – When Required

• Conversations between uniformed police officers and citizens that occur

during the performance of official police duties are not recognized as private

conversations under Washington law and therefore generally do not require an

advisement that the interaction is being recorded. The exceptions are traffic

stops and custodial interrogations.

a) Officers conducting traffic stops while equipped with a BWC or ICV shall

notify the occupants that there is an audio and video recording occurring.

This warning should be given at the beginning of the contact, absent an

emergent situation, and captured on the recording. The advisement should

also be noted in the officer’s report if enforcement action is taken.

b) Prior to a custodial interrogation, officers shall inform arrested persons

that they are being audio and video recorded with a BWC or ICV. This

statement, along with the Miranda advisement, shall be included in the

recording.

Body Worn Cameras and In-car Video Page 8 of 18

9) Deactivation of BWC or ICV – Prohibitions and Exceptions to Recording

• Deactivation at Conclusion of Incident. Once activated, and subject to all

exceptions set forth throughout this policy, the officer shall not purposely turn

off the BWC or ICV until the officer’s involvement in the incident has

concluded. The officer should cease recording when their part of the active

investigation is completed, and there is little possibility that the officer will

have further contact with any person involved in the event.

• Recordings may be stopped during significant periods of inactivity, such

as report writing at or away from the scene or during breaks from direct

participation in the incident. Whenever a recording is going to be terminated

prior to the conclusion of the incident the officer should verbally articulate the

reason why in the video recording.

• Temporary Deactivation of Audio Only. To maintain transparency, once a

video is started for any contact, the officer should continue the recording

through the duration of the incident. Officers can utilize the mute function to

protect conversations of sensitive, tactical, or personal natures. Specifically,

circumstances where video may be muted include, but are not limited to, the

discussion, review or preparation of operational plans, and police/investigative

tactics or strategies. Officers may temporarily mute a video for private

conversations or phone calls or conversations with persons not involved in the

incident. Members should document the reason for muting in any report or

other official records. It is recommended prior to activating the mute function;

officers verbalize the reasons for muting. The mute function shall be

disengaged as soon as contact is reestablished with any member of the public.

10) Recording Prohibited

BWC or ICV shall not be used to record:

• Anything not involved with official duties.

• Communications with other police personnel while not on a call.

• Communications with undercover officers or confidential informants.

• When on break or otherwise engaged in personal activities.

• While in a jail unless for a direct law enforcement purpose.

• While in the courthouse or conferring with prosecutors unless for a direct

law enforcement purpose.

• While in the interiors of medical, mental health, counseling, or therapeutic

facilities unless investigating a crime in progress (e.g. recording of an

investigation of a crime committed at the facility, the drawing of blood at a

facility following a DUI, the taking of a statement from a suspect or witness

while in a facility, etc., would be permitted).

• While within the police station or substations or within secure police

facility parking areas, except when taking an in station report or placing a

suspect into one of the temporary holding cells in the police station. If so,

Body Worn Cameras and In-car Video Page 9 of 18

announce as you enter the station that you are recording. Turn off your

recording after the suspect is placed and secured in the temporary holding cell.

Activate your recording each time you have an interaction with the suspect in

the cell until the suspect is released or transported to jail.

• Any privileged conversations, such as attorney-client or labor privileged

conversations.

11) Discretionary Recording

It is permissible under this Policy for officers to exercise reasonable discretion to not

record events using a BWC or ICV in the following circumstances:

• When the officer is in a location where individuals have a reasonable

expectation of privacy (such as a bathroom or locker-room) and the officer is

not there to effect an arrest or serve a warrant.

• If a citizen objects to being recorded the officer may elect to record despite

the objection. Conversations with police officers are not considered private

under Washington law and there is no requirement that an officer turn off the

camera for a citizen who objects to having the interaction recorded.

• When respect for an individual’s privacy or dignity outweighs the need to

record an event. Such circumstances may include (without limitation) natural

death scenes, death notifications, child or sexual assault victim interviews,

cultural or religious objections to being recorded, and funerals.

• Sensitive communications such as matters of law enforcement intelligence

or where the recording could hinder a criminal investigation.

• When the officer has an articulable basis, based on the facts and

circumstances of the particular situation, that recording would be unsafe.

Officers are advised to put safety ahead of the requirement to record the

encounter.

• When an officer is engaged in public interaction that does not have a law

enforcement purpose, for example, community meetings, open houses, school

tours, recruitment, conducting City administrative business, etc.

Subject to the above exceptions, BWC and ICV are expected to be powered on in a

buffering state (“ready mode”) to expediently respond to any required recording or

law enforcement functions that may arise.

12) End of Shift Responsibilities

Prior to the end of their shift, or as soon as practical, officers will follow the protocol

to label, categorize, and upload videos to Evidence.com. Additionally officers shall

upload BWC footage and upload ICV as soon as practicable after a serious incident

or when storage capacity is reaching its limit.

• Officers unable to categorize BWC video prior to the end of their shift

shall notify a supervisor prior to securing and complete categorization at the

beginning of their next regular or overtime shift, whichever occurs first; video

footage shall be uploaded prior to going on days off.

Body Worn Cameras and In-car Video Page 10 of 18

• Officers with take home vehicles who have to transfer videos at the end of

shift, can dock their BWC at police operations ensuring that the upload

process has begun on Evidence.com. Due to the length of time that it takes

for videos to upload, it is not practical for officers to monitor the upload

process. If a use of force or other significant incident was recorded, officers

will contact a supervisor for direction. At the beginning of their next shift,

officers will retrieve their BCW or ICV and confirm the upload process was

completed. If the process did not complete, they will restart the upload

process immediately at the beginning of their shift.

• Officers shall not access BWC, ICV, or evidence.com from non-

departmental issued personal devices. BWC recordings are not to be uploaded

or downloaded anywhere other than an authorized TPD infrastructure or

vehicle.

• The ICV system will automatically upload completed recordings to the

DEMS.

• If an officer is incapacitated or involved in a serious use of force and /or

is suspected of wrongdoing that requires the immediate relinquishment of the

officer’s police authority, the officer’s supervisor should take physical control

of the BWC and will be responsible for uploading the data. The supervisor

will take custody of the BWC out of public view. The supervisor will also

ensure that the ICV recording is ended at the conclusion of the incident.

• Officers shall follow protocols to apply related incident numbers, tags,

and retention categories to each video.

13) Document Use of the BWC and ICV

Officers shall document in their police reports that they operated a BWC and the

existence of ICV video related to the incident. In situations where no police report is

written, (1) it will be assumed a BWC and/or ICV video was taken during the incident,

and (2) officers shall indicate the existence of a related BWC or ICV video through

CAD incident disposition. In the case where a BWC or ICV video was not taken,

officers shall indicate through CAD or a police report why they did not activate their

BWC or ICV.

14) Video Not a Substitute for Report

An incident captured on the BWC or ICV is not a substitute for a complete and

thorough written police report. Officers must write a police report, if the situation

requires, and may not use the BWC or ICV as a substitute for, or basis to abbreviate,

their documentation of the incident.

15) Report Problems

Officers shall promptly report to the supervisor and/or computer support technician

any problems they may encounter with the BWC or ICV or either’s operation.

Body Worn Cameras and In-car Video Page 11 of 18

Additionally, Officers should notify the BWC and ICV project manager explaining

the problem.

16) Use of Spare Camera

Officers using a spare BWC will contact the desk officer for proper BWC re-

assignment and notify their supervisor.

17) Supervisor Responsibilities

Supervisors should regularly review the Digital Evidence Management System

(DEMS), currently Axon Evidence (Evidence.com), to ensure their assigned

personnel have included with their uploads the associated incident number and

Retention Category tags.

18) Investigations Bureau

BWCs can be a valuable tool to assist detectives and other non-uniformed personnel

assigned to the Investigations Bureau in their investigative duties, however the unique

nature of an Investigator’s work may not make BWC use feasible, advisable, or

beneficial at every phase of an investigation. This policy will outline both the

mandatory uses of a BWC and the discretionary uses of the BWC.

A BWC MUST be worn and used in the following circumstances:

• Operations- such as residential search warrants, arrest operations, or in

other events where the operations order requires the use of BWCs. Parameters

for body camera use, to include timing of activation and deactivation, shall be

explicitly addressed in an operations order. Any planned non-use must be

approved by the Division Commander or designee.

• Court Order Service

• Sex Offender Verifications

• Temporary Uniformed Assignment- Personnel normally assigned to plain-

clothes assignments who work temporarily in a uniformed capacity, such as

overtime, off-duty, or department ordered uniformed assignment, shall be

subject to all BWC and ICV use procedures governing uniformed personnel for

the duration of the uniformed assignment; and

• Transports of persons to a jail or correctional facility.

• In all circumstances required by law, this procedure, and/or as directed by

a supervisor.

The use of body-worn cameras shall be discretionary during routine investigative

tasks and contacts, including, but not limited to:

• Surveillance

• Subject interviews

• Investigative contacts

Body Worn Cameras and In-car Video Page 12 of 18

• Reviewing evidence

• Interactions with informants

• Other general casework

Officers engaged in a permissible investigative task where they are not required to

wear a BWC under this policy, and are required to engage in enforcement activity or

respond to a call to service, shall not be required to deploy a BWC unless one is

available to them and safe to deploy.

Detectives and investigative personnel must carefully consider all factors present in an

investigation or specific task when determining whether to deploy or activate a BWC.

These factors include:

• Anticipated contact with hostile subjects

• The need to capture fleeting video and/or audio evidence

• The need to capture the process of a search

• The likelihood of a custodial interrogation where other recording options

are not available

• Any other time capturing an event on the camera would be helpful

19) Crime Scene Examination

The Forensics Section is responsible for capturing video, still images, and scans of

major crime scenes. Officers are not expected to use BWC or ICV to gather evidence

for the Forensics Section.

20) Emergency Response

Nothing in this procedure shall prevent detectives or other non-uniformed

investigations personnel from responding to a perceived emergency when a BWC is

not immediately available. Personnel shall not be disciplined for responding in good-

faith to a perceived emergency without first retrieving or activating a BWC when one

is not immediately available.

C) Unauthorized Use of BWC and ICV

All employees of the Tacoma Police Department, including commissioned officers and

civilian personnel, shall abide by the policies and procedures related to BWCs and ICV as set

forth in this policy.

Employees of the Department are prohibited from surreptitiously recording any other

employee of the Department or any other person.

1) Employees may not use BWCs or ICV for non-work related purposes or otherwise

operate the BWC or ICV outside their legitimate law enforcement duties.

Body Worn Cameras and In-car Video Page 13 of 18

2) All BWC and ICV videos are the property of the Tacoma Police Department.

Dissemination outside of the agency is strictly prohibited, except as required by law

and pursuant to the provisions of Tacoma Police Department policy. Employees are

prohibited from accessing the Digital Evidence Management System except for

legitimate law enforcement purposes, including authorized review as described in this

policy, or otherwise for work related to their job assignment.

3) Employees are prohibited from accessing the cloud storage site Evidence.com except

for legitimate law enforcement purposes, including authorized review as described in

subsection—Review of Body Camera Video, of this policy, or otherwise for work

related to their job assignment. Any employee who accesses video in the

Evidence.com system should provide a note in the system documenting their reason

for video review.

D) Downloading of Videos

The only personnel allowed to download videos will be the public disclosure specialists,

BWC/ICV supervisors and Administrators, Criminal Investigations Division, selected

training staff, Internal Affairs, and specially trained department employees. Video

downloads will only be done for law enforcement purposes and/or public records requests.

If any downloads are needed from anyone not listed above, a request will be sent to a public

disclosure support specialist.

E) Operation and Oversight of the BWC and ICV Program

Operation and oversight of the BWC and ICV program is the responsibility of the

Administrative Support Bureau and the BWC and ICV supervisor.

F) Review of the BWC and ICV Program

The BWC and ICV program shall be subject to ongoing review and evaluation by the

Tacoma Police Department. The Chief of Police shall designate a committee to serve on a

BWC and ICV Review Board (Review Board), which shall convene annually, to review the

BWC and ICV program and the BWC and ICV policy and to make recommendations for the

Chief’s consideration. The committee shall include representatives from department BWC

and ICV project manager, computer support technician, public disclosure specialist,

department administrative support specialist, Training, Investigations, Patrol, accreditation,

the collective bargaining units, and members from the Community’s Police Advisory

Committee. A report documenting any changes made to the program should be provided to

all parties to the Review Board.

G) Review of BWC & ICV Video

Officers may view their own BWC and ICV at any time in accordance with this policy.

Body Worn Cameras and In-car Video Page 14 of 18

1) Recordings may be reviewed by individuals other than the recording officer in any of

the following situations:

• By officers prior to completing their police reports or providing a

statement pursuant to an internal affairs or outside investigation, subject to the

following:

a) All officers in an internal affairs investigation will be allowed to view all

footage of the incident prior to any interview or answering questions

related to an internal affairs investigation.

b) Involved and witness officers in a deadly force investigation will be

provided with and allowed to review relevant BWC and ICV footage prior

to any interview or answering any questions. The BWC and ICV footage

viewed by the involved and witness officer(s) should show actions, items

or other relevant factors the officer could have seen from their vantage

point and that could have been used in making a determination to use

deadly force against an individual or individuals.

c) In the event there is a dispute over which BWC or ICV footage should be

viewed by the involved or witness officer(s), the legal or bargaining

representative of the officer, the lead deadly force investigator, and the

prosecutor or their designee may consult with one another prior to the

officer making a determination about providing a statement.

d) The BWC/ICV supervisor will lock any involved or witness officer’s

ability to view BWC and ICV video of these incidents pending notification

from an authorized investigative supervisor.

• By any supervisor conducting a Blue Team administrative review. Review

of BWC and ICV video shall be related to the specific complaint (s) and not

used as the basis to randomly search for other possible violations. Discovery

of other allegations during this review shall require the supervisor to articulate

the purpose of expanding the scope of the review. Inadvertent discovery of

policy violations noted during this review but not mentioned in the complaint

shall be addressed at the lowest reasonable non-disciplinary or disciplinary

level, subject to collectively bargained disciplinary standards. Where

appropriate, the Department will use retraining and non-disciplinary

corrective action to address minor policy or performance issues, including

unintentional violations of this BWC/ICV policy. Any disagreements about

the processing of these violations shall be handled between the Chief’s office

and the collective bargaining unit’s president or representative. While

conducting an administrative review supervisors shall mark the beginning and

ending of the video of the alleged complaint or use of force review prior to

submitting it up the chain of command.

• By the Use of Force Review Board

• By a supervisor investigating a specific act of officer conduct alleged in a

complaint of misconduct. Review of video shall be related to the specific

Body Worn Cameras and In-car Video Page 15 of 18

complaint and not used as the basis to randomly search for other possible

violations. Supervisors are authorized to review recordings to investigate the

merits of a specific complaint prior to a formal complaint being filed. If

appropriate the supervisor may allow the complaining party to review the

footage with the supervisor as a means of addressing the concerns without a

formal complaint being taken.

• By technical support staff for purposes of assessing proper functioning of

body worn cameras.

• By the City and County Prosecutors.

• By an Internal Affairs investigator who is participating in an official IA

investigation investigating a specific act of officer conduct alleged in a

complaint of misconduct. Review of video shall be related to the specific

complaint and not used as the basis to randomly search for other possible

violations.

• By a department investigator, or officer with the approval of a supervisor,

who is participating in a criminal investigation providing the requested

recording is specific to that investigation.

• By legal counsel and/or union representation representing an officer in a

critical incident prior to providing a statement pursuant to an administrative

inquiry.

• Training – Recordings may be reviewed for training purposes. Prior to

any recordings being used for training purposes all involved officers will be

notified. If an involved officer objects to showing a recording, their objection

will be submitted to the Training Director to determine if the training value

outweighs the officer’s objection. Inadvertent discovery of minor policy

violations shall not be the basis of disciplinary action.

• By an employee’s legal representative and/or bargaining unit

representative who is involved in representing the employee in an

administrative investigation or a criminal investigation.

• By the City’s legal representative and/or bargaining unit representative

who is involved in representing the City in an official matter, such as an

administrative investigation, a lawsuit, or a criminal investigation.

• Pursuant to a subpoena or public records request.

• Specific acts showcasing the Department that reflect positively on TPD,

may be of interest to the public, and are to be made available to the media

upon approval of the Chief of Police or designee.

• BWCs or ICV may not be randomly reviewed for any reason.

• The Tacoma Police Department acknowledges that video recordings

provide only a two dimensional perspective with limited vantage points of an

incident. Consequently, no department member will ever rely solely upon the

review of video recordings as the basis for discipline against an officer.

Instead, the department shall review and consider all available evidence

Body Worn Cameras and In-car Video Page 16 of 18

(including witness statements, officer interviews, forensic analysis,

documentary evidence, etc.), prior to imposing discipline against an officer.

GPS Associated with BWC and ICV. Location Tracking Technologies (“LTT”)

are available with the BWC and ICV, LTT will not be randomly reviewed or used

for disciplinary purposes, but may be used for operational reasons for the purpose

of officer safety, public safety, or efficient deployment of resources. Use of LTT

will be consistent with TPD policy on LTT.

H) Retention of BWC and ICV Videos

1) General

Videos related to officer-involved shootings critical incidents, homicides, sexual

assaults, and cases in which TPD has received a notice to preserve evidence shall be

retained in Evidence.com until all trial and appellate litigation has been completed.

The designated project manager shall be responsible for retention and coordination

with the City of Tacoma Office of Public Records regarding video of the incidents

listed above. Videos related to unsolved critical incidents, homicides, and sexual

assaults shall be kept consistent with the department policy for records retention.

2) Videos related to internal affairs investigations shall be transferred to a format

compatible with Blue Team and made part of the file. The videos will be retained in

accordance with the Washington State Records Retention Schedule.

3) All other body worn camera videos shall be retained in Evidence.com for 12 months,

then deleted.

4) Videos redacted for a public disclosure request shall be retained for 24 months after

the request and then deleted. Videos redacted for a public disclosure request are the

responsibility of the City of Tacoma Public Records Office.

5) Inadvertent/Accidental Activation

An officer may inadvertently/accidentally record themselves or others. These

particular inadvertent/accidental recordings typically do not meet the statutory

definition of a public record (as described in RCW 40.14.010) because they are not

made "in connection with the transaction of public business" and as such may be

deleted.

In the event of an accidental activation of the BWC or ICV where the resulting

recording is of not perceived investigative or evidentiary value, the recording

employee may request that the BWC or ICV video in question be deleted forthwith

by submitting a written memorandum, by email, including the date and time of the

inadvertent/accidental recording through their chain of command to the Bureau

Commander or designee. The Bureau Commander shall approve or deny the request

and forward the decision to the BWC and ICV project manager for deletion. Records

Body Worn Cameras and In-car Video Page 17 of 18

of deletions should be kept on file in accordance with RCW 40.14.070 as identified in

WA SOS Records Management Advice.

6) Video tampering.

• Employees shall not intentionally tamper with, alter, or delete BWC or

ICV video. Exception: This does not apply to personnel tasked with system

maintenance who purge videos under established guidelines.

• Intentional tampering, alteration, or deletion of BWC or ICV video is

grounds for appropriate disciplinary action.

I) Release of BWC Video or ICV

1) For Criminal Justice Purposes

BWC or ICV footage may be accessed for criminal discovery purposes directly by

prosecutors, whose offices shall have an account through Evidence.com. Prosecutors

will be able to locate the existence of a BWC video or ICV by its reference in the

police report and/or CAD report, and may search for videos related to pending cases

by inputting the law enforcement incident report number into Evidence.com.

Discovery of BWC videos and ICV to the defense bar shall be made through the

prosecutor.

2) To the Public

BWC videos and ICV will be made available to the public through public records

requests pursuant to Chapter 42.56 RCW. Public records requests for BWC videos

and ICV may be directed to the City Clerk’s Office or to the Tacoma Police

Department and will be processed by the Public Disclosure Police Administrative

Specialist. Prior to release, BWC videos or ICV will be reviewed and redacted by a

Public Disclosure Specialist Redactions consistent with statutory exemptions under

Washington law, including the following:

• The image of any witness who expresses safety concerns or who requests

that their identity not be disclosed;

• The image of domestic violence, sexual assault, trafficking or stalking

victims;

• Child victims, child witnesses and juveniles in the court system;

• Persons experiencing a medical emergency or receiving medical treatment;

• Images that are highly offensive to a reasonable person, such as images of

deceased or seriously injured persons;

• Persons with apparent mental illness in crisis or who are detained for a

mental health evaluation; or

• The image of anything which reveals personal identifying information.

3) The Chief of Police retains the discretion, on a case-by-case basis, to release BWC or

ICV video or make it available for review, outside of the Public Disclosure Request

process, to other City officials or members of the community, of any incident if they

deem it is in the public interest to do so. Before release in these circumstances, the

Body Worn Cameras and In-car Video Page 18 of 18

Department will redact irrelevant information or information not subject to public

disclosure under Washington law.

The Chief of Police should consider the following when making the decision to

release or make available for viewing any BWC or ICV footage:

• The nature of the incident and the severity of an incident and whether it

took place in a public or private location

• Whether releasing or viewing the video will help to build public trust by

facilitating transparency

• Whether the video can be sufficiently redacted to protect the privacy of

juveniles, victims, witnesses and other individuals with a reasonable

expectation of privacy.

• Whether the release and/or viewing of the video would interfere with any

ongoing criminal or internal administrative investigation, what evidentiary

value the video has related to future criminal proceedings or where it could

jeopardize any administrative investigation or criminal prosecution.

In all cases where releasing or reviewing the BWC or ICV footage, the Chief of

Police, will exhaust reasonable efforts to notify and/or consult with the Collective

Bargaining Unit of the Officers involved in the incident prior to releasing or viewing

the video.

4) The Public Disclosure Police Administrative Specialist may provide third party

notification to allow any person whose privacy may be impacted by the release of a

BWC video or ICV time to file a petition for injunctive relief.

5) Citizens shall not be allowed to view BWC or ICV recordings except in the instances

listed above.

6) Officer Involved Shooting/In-Custody Death Cases. After receiving a Public

Records Request, it is the Department’s intent to release BWC video or ICV

related to an officer involved shooting or in-custody death only after the

involved officer(s) have been interviewed by independent investigators. The

Chief reserves the right to further delay the release depending on

investigative need or for the best interests of the parties involved or the City;

provided, the City shall comply with the Public Records Act.

2024

-2026 L6 CBA

Executed this ________ day of ______________________, 2024.

City of Tacoma Tacoma Police Union, Local 6, I.U.P.A.

A Municipal Organization

_____________________________ _____________________________

City Manager President

_____________________________ _____________________________

Human Resources Director Vice-President

_____________________________

Finance Director

Approved as to form:

_____________________________

City Attorney

Attest:

_____________________________

City Clerk

01/31/2024

02/02/2024

02/05/2024

5th

February

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