Eastside Fire & Rescue Board of Directors Regular Meeting Agenda July 8, 2021, 4:00 p.m. VIRTUAL MEETING
Pursuant to the Governor’s Emergency Proclamation, EF&R is unable to provide an in-person location for the public to listen to the virtual Board of Directors meeting. Meetings are accessible to the public by a phone-in option. Phone-In Option Phone-in Number: (509) 931-1382 Conference ID: 758 796 390#
Written Comment: Written public comment will be accepted until 1:00 p.m. on the day of the meeting. Submit your written comments via email to the Board Secretary at [email protected]. Verbal Comment: Up to three (3) minutes of verbal public comment may be provided per person live during the meeting. Please sign-up in advance of the meeting (by 1:00 p.m.) by completing the Public Comment Sign-Up Form. Kindly review the instructions for Virtual Board and Committee meetings for public attendance and public comment prior to the meeting.
CALL TO ORDER, ROLL CALL
PUBLIC COMMENT
CONSENT AGENDA – For Approval 1. Agenda Bill 2021-22 (Approval of Board Minutes and Financial Recap) ...... Page 03 1.1. Minutes – Regular Board meeting 6/10/21 ...... Page 04 1.2. Financial Recap ...... Page 07 2. Agenda Bill 2021-23 (Write-Off Request) ...... Page 08
COMMITTEE MEETING REPORTS 1. Finance and Administrative (no meeting held)
FIRE CHIEF BRIEFING 1. COVID-19 2. PFAS 3. Financial Audit Briefing ...... Page 14 4. Eastside Fire & Rescue - Mount Baker Fundraiser Climb
REGULAR BUSINESS 1. Agenda Bill 2021-24 (FF & CO Officer Collective Bargaining Agreement) ...... Page 32 2. Agenda Bill 2021-25 (Revised Board Policy 0004 Minimum Staffing) ...... Page 117 3. Agenda Bill 2021-26 (City of Issaquah MOU for Station 71 Upgrades) ...... Page 122 4. Discussion: Snoqualmie Tribe Ancestral Lands Movement ...... Page 126 5. Discussion: EF&R Future Board Meetings ...... Page 127 6. Funding Formula Director Feedback ...... Page 144 7. Cedar Hills Brush Fire Briefing (presentation provided prior to meeting) 8. Standards of Cover Update (posted to website)
GENERAL ADMINISTRATIVE REPORTS 1. Revenue Expense Report ...... Page 145 2. Incidents Activity Reports ...... … Page 148
Page 1 of 155 3. Mercer Island Fire Chief Activity Report ...... Page 154
EXECUTIVE SESSION: RCW 42.30.140(4)(b) to discuss matters related to collective bargaining
GOOD OF THE ORDER
CALENDAR REVIEW • FAC Meeting –TBD • EF&R Agenda Review – July 21, 2021 CANCELLED • EF&R Board Meeting – August 12, 2021 CANCELLED • EF&R Agenda Review – August 25, 2021, 4:00 p.m. (Virtual) (North Bend) • Warrant Review – Complete by September 9, 2021 (North Bend to schedule with [email protected]) • EF&R Board Meeting – September 9, 2021, 4:00 p.m., EF&R Headquarters (In Person)
ADJOURN MEETING
Page 2 of 155 Eastside Fire & Rescue Board of Directors AGENDA BILL 2021-22 July 8, 2021
SUBJECT: June Monthly Board Minutes and Financial Recap Approval
SUMMARY STATEMENT: The Board Secretary submits completed minutes for the prior month’s meetings to the Board for review prior to the regular Board meeting. The Board acts upon the minutes first directing any needed changes to be noted on the document in ink, initialed by the Board Secretary, approving said minutes as amended.
The Agency utilizes the Auditing Officer Certification method (RCW 42.24.080) of approving normal and usual ongoing expenditures for payroll, utilities, and other goods and services, on behalf of the Board of Directors. Monthly, those expenditures are provided for review and oversight by the Board pursuant to state law (RCW 42.24.180). Items requiring Board approval in advance of payment are presented on separate Agenda Bills to obtain approval and are included on the Monthly Financial Recap when paid after said approval. Items paid but rejected by the Board after they have been paid, will become receivables and immediate collection by the Agency Audit Officer will commence.
Expenditure Required: $3,293,529.67 Amount Budgeted: $3,293,529.67
Fund Utilized: General & ERF
RECOMMENDED MOTION: Move to approve the Minutes and Financial Recap.
ALTERNATIVE(S): Approve the attached, stipulating any items needing change or rejection, and order the collection of any items necessary.
EXHIBITS: 1) Prior month’s regular and special Board meeting minutes, together with any hand-noted changes, as directed by the Board. 2) Prior month’s Monthly Financial Recap with the Accounting Certification. The Monthly Financial Recap includes the prior month’s blanket vouchers, certified by an Agency Audit Officer.
Originator: SF Administrative Review: 6/24/21
Action: Date: 07/08/21 Motion By: 2nd: Board Secretary:
Page 3 of 155 1 EASTSIDE FIRE & RESCUE BOARD OF DIRECTORS 2 REGULAR MEETING 3 June 10, 2021 4 VIRTUAL MEETING 5 6 On March 24, 2020, the Governor issued Proclamation 20-28 prohibiting open public 7 meetings from occurring in person. Due to these factors, the regular meeting of the Board 8 of Directors of Eastside Fire & Rescue was held virtually using a remote meeting platform. 9 10 PRESENT: Chair Alan Gothelf (City of North Bend) 11 Vice Chair Stacy Goodman (City of Issaquah) 12 Board Director Chris Reh (City of Issaquah) 13 Board Director Gloria Hatcher-Mays (Fire District 10) 14 Board Director Alan Martin (Fire District 10) 15 Board Director Karen Moran (City of Sammamish) 16 Board Director Chris Ross (City of Sammamish) 17 Board Director Matt Talbot (Fire District 38) 18 Board Secretary Jamie Formisano 19 Fire Chief Jeff Clark 20 21 AUDIENCE: Alt. Board Director Zach Hall (City of Issaquah) 22 Alt. Board Director Anita Sandall (Fire District 10) 23 Alt. Board Director Ken Gamblin (City of Sammamish) 24 Commissioner Don Smith (Fire District 10) 25 26 ABSENT: None 27 28 CALL TO ORDER: Chair Gothelf called the meeting to order at 4:00 p.m. and took roll call. 29 30 PUBLIC COMMENT: None 31 32 SPECIAL RECOGNITION: 33 Retirement Recognition 34 o Deputy Chief Tryon, 27 years of service 35 o Captain Ducey, 30 years of service 36 o Lieutenant Spohn, 30 years of service 37 o Firefighter Brian Johnson, 23 years of service 38 o Firefighter Brian Dotson, 30 years of service 39 40 CONSENT AGENDA: 41 IT WAS MOVED BY DIRECTOR MORAN, SECONDED BY DIRECTOR GOODMAN TO: 42 Approve the Consent Agenda. MOTION CARRIED, 8-0. 43 1. Agenda Bill 2021-19 (Approval of Board Minutes and Financial Recap) 44 2. Agenda Bill 2021-20 (Write-Off Request) 45 3. Agenda Bill 2021-21 (IT Surplus Equipment) 46 47 COMMITTEE REPORTS: 48 Finance and Administrative Committee (FAC): (no meeting held) 49 50 FIRE CHIEF BRIEFING:
Page 4 of 155 51 • COVID-19/Vaccination Operations: The mass vaccination site will be ending operations 52 on the June 12, 2021. Over the course of the last several months we have delivered 53 almost 15,000 doses of vaccine at the site. As vaccination operations stand down, we 54 remain ready and able to stand operations back up should the need arise for future 55 boosters. We are anticipating Governor Inslee will move the region into Phase 4 by July 56 1, 2021. While the community will be moving forward, we will make the transition to a 57 “new normal” gradually. Below are a few examples of what to expect for the rest of 2021: 58 • Mask Directive: Two weeks ago, EF&R implemented a mask mandate in line with 59 L&I’s most recent directive which allows those that have been vaccinated not to wear 60 a mask while at work or in the office, while those that have not been vaccinate must 61 continue to wear a mask. Discussion ensued regarding masks and vaccine 62 mandates. 63 • Public meetings: As soon as we move to Phase 4 we anticipate being able to move 64 back to in person EF&R Board meetings. 65 • Inspections: We will be facilitating a self-inspection process once again for 2021. We 66 want to provide businesses the opportunity to return to normal before taking up their 67 time with a visit from us, while maintaining a focus on fire safety by providing the self- 68 inspection process. 69 • EF&R Office: We will continue to provide staff the opportunity to work from home. We 70 are confident we have found a productive balance with telecommuting. The office 71 hours will continue to be 8am-5pm Monday through Thursday. 72 • Ride-alongs and station community rooms will continue to be closed. When I am 73 confident that the immunization rate is high enough and that there is no Fall relapse, 74 I will consider exposing the stations to more people at that time. 75 • PFAS: The Executive Committee met this month to discuss the work plan for the new 76 $300,000 that will be completed by the end of June 2022. This work continues to be on 77 track. There was also discussion on whether EF&R’s final report for the last phase of 78 work will include Issaquah’s groundwater modeling report or if they would be separate. 79 Since they are funded under separate grants it was agreed that the reports would be 80 separate. Sammamish Plateau Water invited EF&R to investigate cost recovery options 81 for manufacturers of PFAS. The State DOE has inquired what the next round of work will 82 be to request budget funding. 83 • WSRB: Participated in meetings with WSRB and the Washington State Fire Chiefs 84 concerning EF&R’s desire to change the five-mile rule currently utilized by WSRB. This 85 has been in the works for some time in response to community members in the 86 Mirrormont neighborhood in Fire District 10. This will be a lengthy process, but I am 87 confident it is time to start to bring some public attention to the antiquated WSRB rating 88 system. 89 • Annual Reports: Included in the General Administrative Reports and they are located 90 online as well. Thanked staff for their work in completing the reports. 91 • Interim Deputy Chief: Battalion Chief Dana Schutter has been promoted to Interim 92 Deputy Chief to fill Greg Tryon’s vacancy through the end of 2021. 93 • Burn Ban: Annual burn ban moratorium was published today. The Fire Marshals will be 94 presenting a coordinated strategy in rolling out the burn bans this year. 95 96 REGULAR BUSINESS:
Page 5 of 155 97 1. C.O.R.E. Connect (CORE) Update: (presentation attached) Provided an overview of 98 program goals, milestones achieved, the referral process, an in-depth look at the case 99 management software program Julota, and two stories that speak to the resources 100 CORE can provide. The Board recommends that the CORE program is presented at City 101 Council meetings. Chief Clark encouraged each agency to support collaboration through 102 the software program with their partners in police. 103 104 2. EF&R Board Meetings / Open Public Meetings Act: The Board is willing to have in-person 105 Board meetings based on the Governor’s phases and restrictions beginning in 106 September. The Board will discuss developing a process and protocols at the July Board 107 meeting. 108 109 GENERAL ADMINISTRATIVE DISCUSSION: 110 1. Revenue and Expense Report: Included in packet. 111 2. Incidents Activity Report: Included in packet. 112 3. Mercer Island Fire Chief Activity Report: Included in packet. 113 4. Mobile Vaccination Coverage Map: Included in packet. 114 5. Annual Budget Report: Posted online. 115 6. Annual Report: Posted online. 116 117 Executive Session: None 118 119 GOOD OF THE ORDER: King County Fire Commissioners are working on continuing 120 education for elected officials. Agreed to add as an agenda item during the July Board 121 meeting. 122 123 CALENDAR REVIEW 124 • FAC – TBD (Virtual) 125 • Recruit Academy Graduation – June 17, 6:00 p.m. (Virtual or in person at New Life Church, 126 15711 152nd Ave SE, Renton, WA) 127 • EF&R Agenda Review – June 23, 2021, 4:00 p.m. (Virtual) (FD10) 128 • Warrant Review – Complete by July 8, 2021 (FD10 to schedule with [email protected]) 129 • EF&R Board Meeting – July 8, 2021, 4:00 p.m. (Virtual) 130 131 ADJOURNMENT: Chair Gothelf adjourned the meeting at 4:45 p.m.
Page 6 of 155 Page 7 of 155 Eastside Fire & Rescue Board of Directors AGENDA BILL 2021-23 July 8, 2021
SUBJECT: Write-Off Request
SUMMARY STATEMENT: Per Policy 3524, Fee for Transport Billing, Article 5.4.6.1: After the billing company has billed the patient and made three attempts to contact the patient for payment, the billing company shall determine the bill as uncollectable. These shall be sent to the EF&R Board of Directors for action.
The Agency is requesting the write-off of the Government required write-offs of $192,215.59.
Expenditure Required: N/A Amount Budgeted: N/A
Fund Utilized: N/A
RECOMMENDED MOTION: Move to approve the requested write-offs documented in the attached Exhibits.
ALTERNATIVE(S): Refer to the Finance and Administrative Committee for further review.
EXHIBITS: 1) Write-Off Request
Originator: SF Administrative Review:
Action: Date: 07/08/21 Motion By: 2nd: Board Secretary:
Page 8 of 155 Transport write-offs - May 2021
Date of Service Incident Number Amount Reason
Uncollectible 11/14/2017 111-2017-00009697:1 100.00 Uncollectible 11/24/2019 111-2019-0010130:1 369.54 Uncollectible 2/2/2020 111-2020-0000936:1 (803.54) Uncollectible 4/1/2020 111-2020-0002614:1 (789.96) Uncollectible 4/9/2020 111-2020-0002802:1 (838.48) Uncollectible 6/15/2020 111-2020-0004456:1 (116.37) Uncollectible 6/23/2020 111-2020-0004700:1 (186.33) Uncollectible 6/24/2020 111-2020-0004706:1 (659.65) Uncollectible 6/25/2020 111-2020-0004757:1 (1,172.33) Uncollectible 6/26/2020 111-2020-0004770:1 (88.84) Uncollectible 7/15/2020 111-2020-0005372:1 (265.00) Uncollectible 7/26/2020 111-2020-0005719:1 (102.87) Uncollectible 8/9/2020 111-2020-0006167:1 (218.54) Uncollectible 8/18/2020 111-2020-0006451:1 (813.25) Uncollectible 8/20/2020 111-2020-0006524:1 (135.90) Uncollectible 8/28/2020 111-2020-0006737:1 (802.07) Uncollectible 9/9/2020 111-2020-0007145:1 (96.92) Uncollectible 9/10/2020 111-2020-0007197:1 (1,152.92) Uncollectible 9/21/2020 111-2020-0007548:1 (822.95) Uncollectible 9/27/2020 111-2020-0007680:1 (1,018.99) Uncollectible 10/8/2020 111-2020-0008003:1 (270.17) Uncollectible 10/13/2020 111-2020-0008141:1 (1,034.52) Uncollectible 10/14/2020 111-2020-0008190:1 (822.95) Uncollectible 10/21/2020 111-2020-0008398:1 (819.07) Uncollectible 10/31/2020 111-2020-0008645:1 (1,051.99) Uncollectible 11/6/2020 111-2020-0008831:1 (850.13) Uncollectible 11/8/2020 111-2020-0008855:1 (427.35) Uncollectible 11/8/2020 111-2020-0008874:1 (275.00) Uncollectible 11/8/2020 111-2020-0008853:1 (488.77) Uncollectible 11/10/2020 111-2020-0008925:1 (469.64) Uncollectible 11/17/2020 111-2020-0009120:1 (300.00) Uncollectible 11/18/2020 111-2020-0009135:1 (87.47) Uncollectible 11/20/2020 111-2020-0009200:1 (943.30) Uncollectible 11/21/2020 111-2020-0009228:1 875.36 Uncollectible 11/25/2020 111-2020-0009331:1 (275.00) Uncollectible 11/26/2020 111-2020-0009374:1 (99.21) Uncollectible 11/27/2020 111-2020-0009394:1 (968.53) Uncollectible 11/27/2020 111-2020-0009387:1 (100.00) Uncollectible 11/29/2020 111-2020-0009444:1 (1,242.21) Uncollectible 12/8/2020 111-2020-0009692:1 (99.21) Uncollectible 12/30/2020 111-2020-0010279:1 (795.78) Uncollectible 1/3/2021 111-2021-0000081:1 (1,319.80) Uncollectible 1/8/2021 111-2021-0000210:1 (255.94) Uncollectible (21,736.05)
W/O Fee Schedule
12/29/2019 111-2019-0011154:1 - Write-Off Fee Schedule
Page 9 of 155 Transport write-offs - May 2021
Date of Service Incident Number Amount Reason 7/1/2020 111-2020-0004935:1 4.84 Write-Off Fee Schedule 7/19/2020 111-2020-0005487:1 - Write-Off Fee Schedule 11/13/2020 111-2020-0009018:1 (588.11) Write-Off Fee Schedule 11/21/2020 111-2020-0009228:1 (734.62) Write-Off Fee Schedule 11/26/2020 111-2020-0009348:1 (523.26) Write-Off Fee Schedule 11/29/2020 111-2020-0009436:1 (643.53) Write-Off Fee Schedule 12/7/2020 111-2020-0009679:1 (453.70) Write-Off Fee Schedule 12/21/2020 111-2020-0010009:1 (406.54) Write-Off Fee Schedule 12/22/2020 111-2020-0010043:1 (466.40) Write-Off Fee Schedule 12/22/2020 111-2020-0010067:1 (675.36) Write-Off Fee Schedule 12/23/2020 111-2020-0010080:1 (453.70) Write-Off Fee Schedule 1/3/2021 111-2021-0000073:2 (4,772.55) Write-Off Fee Schedule 1/5/2021 111-2021-0000122:1 - Write-Off Fee Schedule 1/5/2021 111-2021-0000121:1 (720.13) Write-Off Fee Schedule 1/11/2021 111-2021-0000292:1 (634.45) Write-Off Fee Schedule 1/13/2021 111-2021-0000428:1 (640.35) Write-Off Fee Schedule 1/13/2021 111-2021-0000407:1 (1,068.26) Write-Off Fee Schedule 1/13/2021 111-2021-0000428:1 (200.00) Write-Off Fee Schedule 1/17/2021 111-2021-0000559:1 (354.64) Write-Off Fee Schedule 1/18/2021 111-2021-0000581:1 - Write-Off Fee Schedule 1/18/2021 111-2021-0000581:1 - Write-Off Fee Schedule 1/21/2021 111-2021-0000651:1 (727.24) Write-Off Fee Schedule 1/27/2021 111-2021-0000830:1 - Write-Off Fee Schedule 2/2/2021 111-2021-0000976:1 (648.59) Write-Off Fee Schedule 2/2/2021 111-2021-0000976:1 - Write-Off Fee Schedule 2/2/2021 111-2021-0000975:1 2,073.27 Write-Off Fee Schedule 2/3/2021 111-2021-0000981:1 (4,749.55) Write-Off Fee Schedule 2/10/2021 111-2021-0001166:1 - Write-Off Fee Schedule 2/11/2021 111-2021-0001203:1 (2,114.96) Write-Off Fee Schedule 2/13/2021 111-2021-0001257:2 (2,570.55) Write-Off Fee Schedule 2/13/2021 111-2021-0001257:1 (5,085.76) Write-Off Fee Schedule 2/17/2021 111-2021-0001408:1 (2,193.94) Write-Off Fee Schedule 3/3/2021 111-2021-0001768:1 (740.47) Write-Off Fee Schedule 3/4/2021 111-2021-0001795:1 - Write-Off Fee Schedule 3/4/2021 111-2021-0001815:1 (640.35) Write-Off Fee Schedule 3/5/2021 111-2021-0001820:1 (634.45) Write-Off Fee Schedule 3/9/2021 111-2021-0001917:1 (648.59) Write-Off Fee Schedule 3/10/2021 111-2021-0001938:1 (648.59) Write-Off Fee Schedule 3/12/2021 111-2021-0001996:1 (681.57) Write-Off Fee Schedule 3/12/2021 111-2021-0001979:1 (721.41) Write-Off Fee Schedule 3/12/2021 111-2021-0001986:1 (950.16) Write-Off Fee Schedule 3/12/2021 111-2021-0002002:1 (1,872.60) Write-Off Fee Schedule 3/13/2021 111-2021-0002024:1 (640.35) Write-Off Fee Schedule 3/18/2021 111-2021-0002147:1 (526.33) Write-Off Fee Schedule 3/21/2021 111-2021-0002251:1 (707.49) Write-Off Fee Schedule 3/22/2021 111-2021-0002268:1 (672.15) Write-Off Fee Schedule 3/25/2021 111-2021-0002341:1 (635.63) Write-Off Fee Schedule 3/26/2021 111-2021-0002379:1 - Write-Off Fee Schedule 3/26/2021 111-2021-0002379:1 (670.97) Write-Off Fee Schedule 3/26/2021 111-2021-0002359:1 (679.22) Write-Off Fee Schedule
Page 10 of 155 Transport write-offs - May 2021
Date of Service Incident Number Amount Reason 3/26/2021 111-2021-0002363:1 (813.51) Write-Off Fee Schedule 3/27/2021 111-2021-0002398:1 (89.99) Write-Off Fee Schedule 3/27/2021 111-2021-0002398:1 (648.59) Write-Off Fee Schedule 3/30/2021 111-2021-0002474:1 (669.79) Write-Off Fee Schedule 4/2/2021 111-2021-0002547:1 (668.61) Write-Off Fee Schedule 4/3/2021 111-2021-0002573:1 (728.69) Write-Off Fee Schedule 4/3/2021 111-2021-0002576:1 (670.97) Write-Off Fee Schedule 4/3/2021 111-2021-0002573:1 (100.36) Write-Off Fee Schedule 4/4/2021 111-2021-0002610:1 (669.79) Write-Off Fee Schedule 4/4/2021 111-2021-0002591:1 (650.95) Write-Off Fee Schedule 4/4/2021 111-2021-0002597:1 (640.35) Write-Off Fee Schedule 4/5/2021 111-2021-0002641:1 (790.02) Write-Off Fee Schedule 4/5/2021 111-2021-0002627:1 (643.88) Write-Off Fee Schedule 4/5/2021 111-2021-0002645:1 (776.99) Write-Off Fee Schedule 4/6/2021 111-2021-0002653:1 (687.47) Write-Off Fee Schedule 4/6/2021 111-2021-0002657:1 (682.06) Write-Off Fee Schedule 4/6/2021 111-2021-0002679:1 (719.47) Write-Off Fee Schedule 4/7/2021 111-2021-0002683:1 (714.56) Write-Off Fee Schedule 4/7/2021 111-2021-0002684:1 (768.75) Write-Off Fee Schedule 4/7/2021 111-2021-0002685:1 (650.95) Write-Off Fee Schedule 4/7/2021 111-2021-0002715:1 (774.63) Write-Off Fee Schedule 4/8/2021 111-2021-0002726:1 (839.43) Write-Off Fee Schedule 4/8/2021 111-2021-0002723:1 - Write-Off Fee Schedule 4/9/2021 111-2021-0002755:1 (650.95) Write-Off Fee Schedule 4/9/2021 111-2021-0002757:1 (108.60) Write-Off Fee Schedule 4/9/2021 111-2021-0002746:1 (666.26) Write-Off Fee Schedule 4/9/2021 111-2021-0002772:1 (685.11) Write-Off Fee Schedule 4/10/2021 111-2021-0002782:1 (678.04) Write-Off Fee Schedule 4/10/2021 111-2021-0002783:1 (650.95) Write-Off Fee Schedule 4/10/2021 111-2021-0002777:1 (650.95) Write-Off Fee Schedule 4/11/2021 111-2021-0002804:1 (718.09) Write-Off Fee Schedule 4/12/2021 111-2021-0002826:1 (759.32) Write-Off Fee Schedule 4/12/2021 111-2021-0002831:1 (287.98) Write-Off Fee Schedule 4/12/2021 111-2021-0002845:1 (916.97) Write-Off Fee Schedule 4/12/2021 111-2021-0002845:1 - Write-Off Fee Schedule 4/12/2021 111-2021-0002835:1 (634.45) Write-Off Fee Schedule 4/13/2021 111-2021-0002858:1 (680.39) Write-Off Fee Schedule 4/14/2021 111-2021-0002891:1 (670.97) Write-Off Fee Schedule 4/14/2021 111-2021-0002888:1 (679.22) Write-Off Fee Schedule 4/14/2021 111-2021-0002890:1 (741.65) Write-Off Fee Schedule 4/14/2021 111-2021-0002905:1 (650.95) Write-Off Fee Schedule 4/14/2021 111-2021-0002912:1 (670.97) Write-Off Fee Schedule 4/15/2021 111-2021-0002942:1 (662.51) Write-Off Fee Schedule 4/15/2021 111-2021-0002930:1 (719.27) Write-Off Fee Schedule 4/16/2021 111-2021-0002966:1 (685.11) Write-Off Fee Schedule 4/16/2021 111-2021-0002975:1 (1,863.41) Write-Off Fee Schedule 4/16/2021 111-2021-0002962:1 (818.22) Write-Off Fee Schedule 4/16/2021 111-2021-0002980:1 (905.39) Write-Off Fee Schedule 4/16/2021 111-2021-0002978:1 (670.97) Write-Off Fee Schedule 4/16/2021 111-2021-0002977:1 (650.95) Write-Off Fee Schedule
Page 11 of 155 Transport write-offs - May 2021
Date of Service Incident Number Amount Reason 4/16/2021 111-2021-0002969:1 (752.25) Write-Off Fee Schedule 4/17/2021 111-2021-0003012:1 (672.15) Write-Off Fee Schedule 4/17/2021 111-2021-0002996:1 (646.23) Write-Off Fee Schedule 4/17/2021 111-2021-0003013:1 (672.15) Write-Off Fee Schedule 4/17/2021 111-2021-0003008:1 (746.37) Write-Off Fee Schedule 4/17/2021 111-2021-0002989:1 (4,461.28) Write-Off Fee Schedule 4/17/2021 111-2021-0002996:1 (234.76) Write-Off Fee Schedule 4/17/2021 111-2021-0003003:1 (650.95) Write-Off Fee Schedule 4/18/2021 111-2021-0003022:1 (693.35) Write-Off Fee Schedule 4/18/2021 111-2021-0003020:1 (640.35) Write-Off Fee Schedule 4/18/2021 111-2021-0003022:1 (95.78) Write-Off Fee Schedule 4/18/2021 111-2021-0003025:1 (650.95) Write-Off Fee Schedule 4/18/2021 111-2021-0003033:1 (640.35) Write-Off Fee Schedule 4/18/2021 111-2021-0003032:1 (727.51) Write-Off Fee Schedule 4/19/2021 111-2021-0003062:1 (636.81) Write-Off Fee Schedule 4/19/2021 111-2021-0003048:1 (708.67) Write-Off Fee Schedule 4/19/2021 111-2021-0003053:1 (707.49) Write-Off Fee Schedule 4/19/2021 111-2021-0003061:1 (788.77) Write-Off Fee Schedule 4/19/2021 111-2021-0003072:1 (699.25) Write-Off Fee Schedule 4/20/2021 111-2021-0003114:1 (708.67) Write-Off Fee Schedule 4/20/2021 111-2021-0003080:1 (633.27) Write-Off Fee Schedule 4/20/2021 111-2021-0003084:1 (779.35) Write-Off Fee Schedule 4/20/2021 111-2021-0003110:1 (643.88) Write-Off Fee Schedule 4/20/2021 111-2021-0003091:1 (636.81) Write-Off Fee Schedule 4/20/2021 111-2021-0003100:1 - Write-Off Fee Schedule 4/21/2021 111-2021-0003151:1 (649.77) Write-Off Fee Schedule 4/21/2021 111-2021-0003127:1 (216.60) Write-Off Fee Schedule 4/21/2021 111-2021-0003144:1 (787.59) Write-Off Fee Schedule 4/21/2021 111-2021-0003151:1 (90.14) Write-Off Fee Schedule 4/21/2021 111-2021-0003137:1 (769.93) Write-Off Fee Schedule 4/21/2021 111-2021-0003143:1 (640.35) Write-Off Fee Schedule 4/21/2021 111-2021-0003144:1 - Write-Off Fee Schedule 4/22/2021 111-2021-0003168:1 (748.72) Write-Off Fee Schedule 4/22/2021 111-2021-0003164:1 (650.95) Write-Off Fee Schedule 4/23/2021 111-2021-0003199:1 (642.70) Write-Off Fee Schedule 4/23/2021 111-2021-0003204:1 (649.77) Write-Off Fee Schedule 4/23/2021 111-2021-0003191:1 (719.47) Write-Off Fee Schedule 4/24/2021 111-2021-0003218:1 (642.70) Write-Off Fee Schedule 4/24/2021 111-2021-0003214:1 (785.24) Write-Off Fee Schedule 4/25/2021 111-2021-0003271:1 (670.97) Write-Off Fee Schedule 4/25/2021 111-2021-0003246:1 - Write-Off Fee Schedule 4/25/2021 111-2021-0003272:1 (672.15) Write-Off Fee Schedule 4/25/2021 111-2021-0003246:1 (641.52) Write-Off Fee Schedule 4/26/2021 111-2021-0003275:1 (647.41) Write-Off Fee Schedule 4/26/2021 111-2021-0003299:1 (1,855.64) Write-Off Fee Schedule 4/26/2021 111-2021-0003284:1 (1,871.17) Write-Off Fee Schedule 4/26/2021 111-2021-0003301:1 (2,018.51) Write-Off Fee Schedule 4/27/2021 111-2021-0003309:1 (4,562.45) Write-Off Fee Schedule 4/28/2021 111-2021-0003347:1 (642.70) Write-Off Fee Schedule 4/28/2021 111-2021-0003347:1 - Write-Off Fee Schedule
Page 12 of 155 Transport write-offs - May 2021
Date of Service Incident Number Amount Reason 4/28/2021 111-2021-0003357:1 - Write-Off Fee Schedule 4/29/2021 111-2021-0003388:1 (1,880.37) Write-Off Fee Schedule 4/29/2021 111-2021-0003387:1 - Write-Off Fee Schedule 4/29/2021 111-2021-0003394:1 (1,853.70) Write-Off Fee Schedule 4/29/2021 111-2021-0003383:1 (1,925.94) Write-Off Fee Schedule 4/29/2021 111-2021-0003391:1 (787.59) Write-Off Fee Schedule 4/30/2021 111-2021-0003433:1 (668.61) Write-Off Fee Schedule 4/30/2021 111-2021-0003435:1 (707.49) Write-Off Fee Schedule 5/1/2021 111-2021-0003465:1 (673.33) Write-Off Fee Schedule 5/3/2021 111-2021-0003521:1 (1,859.52) Write-Off Fee Schedule 5/4/2021 111-2021-0003545:1 (1,872.60) Write-Off Fee Schedule 5/4/2021 111-2021-0003534:1 (731.05) Write-Off Fee Schedule 5/4/2021 111-2021-0003548:1 (1,876.48) Write-Off Fee Schedule 5/4/2021 111-2021-0003541:1 (625.03) Write-Off Fee Schedule 5/4/2021 111-2021-0003541:1 (86.93) Write-Off Fee Schedule 5/5/2021 111-2021-0003575:1 (2,039.35) Write-Off Fee Schedule 5/5/2021 111-2021-0003579:1 (678.04) Write-Off Fee Schedule 5/5/2021 111-2021-0003574:1 (727.51) Write-Off Fee Schedule 5/5/2021 111-2021-0003562:1 (848.85) Write-Off Fee Schedule 5/6/2021 111-2021-0003595:1 (627.39) Write-Off Fee Schedule 5/8/2021 111-2021-0003680:1 (778.17) Write-Off Fee Schedule 5/9/2021 111-2021-0003703:1 (1,989.90) Write-Off Fee Schedule 5/9/2021 111-2021-0003707:1 (650.95) Write-Off Fee Schedule 5/10/2021 111-2021-0003730:1 (705.13) Write-Off Fee Schedule 5/10/2021 111-2021-0003732:1 (1,916.23) Write-Off Fee Schedule 5/11/2021 111-2021-0003802:1 (1,871.17) Write-Off Fee Schedule 5/11/2021 111-2021-0003768:1 (1,833.37) Write-Off Fee Schedule 5/11/2021 111-2021-0003774:1 (1,861.47) Write-Off Fee Schedule 5/12/2021 111-2021-0003807:1 (1,961.80) Write-Off Fee Schedule 5/13/2021 111-2021-0003845:1 (1,914.29) Write-Off Fee Schedule 5/15/2021 111-2021-0003917:1 (1,217.38) Write-Off Fee Schedule 5/15/2021 111-2021-0003922:1 (748.72) Write-Off Fee Schedule 5/17/2021 111-2021-0003984:1 (4,724.88) Write-Off Fee Schedule 5/17/2021 111-2021-0003996:1 (1,924.00) Write-Off Fee Schedule 5/18/2021 111-2021-0004019:1 (4,516.72) Write-Off Fee Schedule 5/19/2021 111-2021-0004063:1 - Write-Off Fee Schedule 5/19/2021 111-2021-0004065:1 (1,863.41) Write-Off Fee Schedule 5/22/2021 111-2021-0004151:1 (4,432.45) Write-Off Fee Schedule (170,479.54)
(192,215.59)
Page 13 of 155
EASTSIDE FIRE AND RESCUE
Required Communications From the Auditor
For the Year Ended December 31, 2020
Page 14 of 155
To the Board of Directors Eastside Fire and Rescue Issaquah, Washington
We have audited the financial statements of Eastside Fire and Rescue (the Agency) for the year ended December 31, 2020 and have issued our report thereon dated June 29, 2021. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards, as well as certain information related to the planned scope and timing of our audits. We have communicated such information in our letter to you dated January 21, 2021. Professional standards also require that we communicate to you the following information related to our audits.
AUDIT RESULTS
Auditor’s Report and Significant Audit Issues
Our opinion on the financial statements in regards to the regulatory basis of accounting (BARS manual) was unmodified. Our opinion on the financial statements in regards to accounting standards generally accepted in the United States of America (U.S. GAAP) was adverse.
There are no significant audit findings or issues that were discussed with management other than consideration of reporting the financial statements in accordance with the financial reporting provisions of Washington State statutes and the Budgeting, Accounting, and Reporting System (BARS) manual prescribed by the State Auditor.
Qualitative Aspects of Accounting Practices
Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the Agency are described in Note 2 to the financial statements and are consistent with similar organizations. Management elected to present the audited financial statements in accordance with the financial reporting provisions of Washington State statutes and the Budgeting, Accounting and Reporting System (BARS) manual prescribed by the State Auditor.
Accounting estimates are an integral part of the financial statements prepared by management and are based on management’s knowledge and experience about past and current events and assumptions about future events. Financial statement estimates primarily relate to the valuation of receivables and the allocation of expenses by function. We believe that management’s estimates are reasonable in relation to the financial statements taken as a whole.
T: 425-454-4919 Fraud and Noncompliance With Laws and Regulations T: 800-504-8747 F: 425-454-4620 No such matters came to our attention.
10900 NE 4th St Significant Related Party Transactions Suite 1400 Bellevue WA Note 1 to the financial statements discloses the Agency’s activities with Fire District 10. 98004 clarknuber.com
Page 15 of 155
Disagreements With Management
For purposes of this letter, professional standards define a disagreement with management as a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor’s report. No such disagreements arose during the course of our audit.
Difficulties Encountered in Performing the Audit
None
Corrected and Uncorrected Misstatements
There were no corrected or unadjusted misstatements note during the audit.
Management Representations
We have requested that management provide certain representations relevant to balances and disclosures presented in the financial statements that are included in the management representation letter dated June 29, 2021.
Management Consultations With Other Independent Accountants
In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a “second opinion” on certain situations. If a consultation involves application of an accounting principle to the Agency’s financial statements or a determination of the type of auditor’s opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants.
Going Concern
The auditor is required to communicate with those charged with governance events or conditions that, when considered in the aggregate, indicate there could be a substantial doubt about the entity’s ability to continue as a going concern for a reasonable period of time. No such matters came to our attention that require such disclosure.
Other Audit Findings or Issues
We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year in our role as the Agency’s auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention.
‐ 2 ‐ Page 16 of 155
OTHER MATTERS
Other Information in Documents Containing Audited Financial Statements
It is our understanding that our independent auditor’s report and the audited financial statements will not be published as part of a separate document or publication. If you plan to do that, we ask that you notify us so that we can verify that they are published as originally issued.
This communication is intended solely for the information and use of management, the Board of Directors, and others within the Agency, and is not intended to be and should not be used by anyone other than these specified parties.
Certified Public Accountants June 29, 2021
‐ 3 ‐ Page 17 of 155
EASTSIDE FIRE AND RESCUE
Financial Statements
For the Year Ended December 31, 2020
Page 18 of 155
Table of Contents
Page
Independent Auditor’s Report 1 ‐ 2
Financial Statements: Fund Resources and Uses Arising From Cash Transactions 3
Fiduciary Fund Resources and Uses Arising From Cash Transactions 4
Notes to Financial Statements 5 ‐ 10
Supplementary Information: Schedule of Liabilities 11
Page 19 of 155
Independent Auditor’s Report
To the Board of Directors Eastside Fire and Rescue Issaquah, Washington
REPORT ON THE FINANCIAL STATEMENTS
We have audited the accompanying financial statements of Eastside Fire and Rescue (the Agency), which comprise the statements of Fund Resources and Uses Arising from Cash Transactions and Fiduciary Fund Resources and Uses Arising from Cash Transactions as of, and for the year ended, December 31, 2020, and the related notes to the financial statements.
Management’s Responsibility for the Financial Statements
Management is responsible for the preparation and fair presentation of these financial statements in accordance with the financial reporting provisions of Washington State statutes and the Budgeting, Accounting and Reporting System (BARS) manual prescribed by the State Auditor described in Note 1. This includes determining that the basis of accounting is acceptable for the presentation of the financial statements in the circumstances. Management is also responsible for the design, implementation and maintenance of internal control relevant to the preparation of financial statements that are free from material misstatement, whether due to fraud or error.
Auditor’s Responsibility
Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement.
An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor’s judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity’s preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the T: 425-454-4919 entity’s internal control. Accordingly, we express no such opinion. An audit also includes T: 800-504-8747 evaluating the appropriateness of accounting policies used and the reasonableness of significant F: 425-454-4620 accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. 10900 NE 4th St Suite 1400 We believe that the audit evidence we have obtained is sufficient and appropriate to provide a Bellevue WA basis for our audit opinion. 98004 clarknuber.com
Page 20 of 155
Basis for Adverse Opinion on U.S. GAAP
Auditing standards issued by the American Institute of Certified Public Accountants (AICPA) require auditors to formally acknowledge when governments do not prepare their financial statements, intended for general use, in accordance with accounting principles generally accepted in the United States of America (U.S. GAAP). The effects on the financial statements of the variances between U.S. GAAP and the accounting practices the Agency used, as described in Note 1, although not reasonably determinable, are presumed to be material. As a result, we are required to issue an adverse option on whether the financial statements are presented fairly, in all material respects, in accordance with U.S. GAAP.
Adverse Opinion on U.S. GAAP
The financial statements referred to above were not intended to, and in our opinion they do not, present fairly, in accordance with accounting principles generally accepted in the United States of America, the financial position of the Agency, as of December 31, 2020, or the changes in financial position or cash flow for the year then ended, due to the significance of the matter discussed in the above “Basis for Adverse Opinion on U.S. GAAP” paragraph.
Unmodified Opinion on Regulatory Basis of Accounting (BARS Manual)
As described in Note 1, the Agency has prepared these financial statements to meet the financial reporting requirements of Washington State statutes using accounting practices prescribed by the State Auditor’s Budgeting, Accounting and Reporting System (BARS) manual. These accounting practices differ from accounting principles generally accepted in the United States of America (U.S. GAAP). The differences in these accounting practices are also described in Note 1.
In our opinion, the financial statements referred to above present fairly, in all material respects, the statements of Fund Resources and Uses Arising from Cash Transactions, and Fiduciary Fund Resources and Uses Arising from Cash Transactions of the Agency, for the year ended December 31, 2020, on the basis of accounting described in Note 1.
Required Supplementary Information
Our audit was performed for the purpose of forming an opinion on the financial statements taken as a whole. The Schedule of Liabilities is presented for purposes of additional analysis, as required by the prescribed BARS manual. This schedule is not a required part of the financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the information is fairly stated, in all material respects, in relation to the financial statements taken as a whole.
Certified Public Accountants June 29, 2021 ‐ 2 ‐ Page 21 of 155 EASTSIDE FIRE AND RESCUE
Fund Resources and Uses Arising From Cash Transactions For the Year Ended December 31, 2020
301 ‐ 302 ‐ Capital Equipment Facilities Total for 001 ‐ General Replacement Maintenance All Funds Fund Fund Fund
Beginning Cash and Investments: 30880 Unreserved$ 11,870,514 $ 9,271,899 $ 1,969,273 $ 629,342
Revenues: 330 Intergovernmental revenues 1,694,655 1,694,655 ‐ ‐ 340 Charges for goods and services 30,729,774 29,492,376 942,392 295,006 360 Miscellaneous revenues 425,924 128,103 285,862 11,959
Total Revenues 32,850,353 31,315,134 1,228,254 306,965
Expenditures: 520 Public safety 32,764,155 32,537,262 222,037 4,856
Total Expenditures 32,764,155 32,537,262 222,037 4,856
Excess (Deficiency) Revenues Over Expenditures 86,198 (1,222,128) 1,006,217 302,109
Other Increases in Fund Resources: 381,395,398 Other resources 1,188,553 1,188,535 18 ‐
Total Other Increases in Fund Resources 1,188,553 1,188,535 18 ‐
Other Decreases in Fund Resources: 594‐595 Capital expenditures 497,631 259,725 237,906 ‐ 581 Other uses 1,561,922 1,561,922 ‐ ‐
Total Other Decreases in Fund Resources 2,059,553 1,821,647 237,906 ‐
(Decrease) Increase in Cash and Investments (784,802) (1,855,240) 768,329 302,109
Ending Cash and Investments: 508.8 Unreserved 11,085,712 7,416,659 2,737,602 931,451
Ending Cash and Investments 11,085,712 7,416,659 2,737,602 931,451
Ending fiduciary cash and investments 21,485
Total Ending Cash and Investments $ 11,107,197 $ 7,416,659 $ 2,737,602 $ 931,451
See accompanying notes. “CNFSDONOTEMAIL,” ‐ 3 ‐ Page 22 of 155 EASTSIDE FIRE AND RESCUE
Fiduciary Fund Resources and Uses Arising From Cash Transactions For the Year Ended December 31, 2020
Total for All Funds 610 ‐ HRA Fund
Beginning Cash and Investments: 308 Reserved $ 16,291 $ 16,291
310 ‐ 360 Additions 794,544 794,544 510 ‐ 570 Deductions (789,350) (789,350)
Net increase in cash and investments 5,194 5,194
Ending Cash and Investments $ 21,485 $ 21,485
See accompanying notes. ‐ 4 ‐ Page 23 of 155 EASTSIDE FIRE AND RESCUE
Notes to the Financial Statements For the Year Ended December 31, 2020
Note 1 ‐ Organization and Summary of Significant Accounting Policies
Eastside Fire and Rescue (the Agency) was established in 1999 through the creation of an interlocal agreement as provided by RCW Title 39.34. There are currently five legislative entities: King County Fire Protection District No. 10, Fire District 38, City of Issaquah, City of North Bend, and City of Sammamish (collectively, the Principals). The Agency operates under the laws of the State of Washington applicable to fire districts. The Agency provides fire and emergency medical aid services to the five participating principals.
At inception, the Principals provided real property and equipment for use by the Agency. However, title and ownership of these capital assets remains with the Principals.
The Agency is a joint venture partnership. The above entities retain an equity interest in the Agency based on their support of the Agency’s operations. As of December 31, 2020, the equity percentages are as follows:
Principal's Equity Equity Principals Interest 2020 Percentages
Fire District 10$ 4,047,949 36.52% Fire District 38 730,238 6.59% City of Issaquah 2,673,278 24.11% City of North Bend 493,791 4.45% City of Sammamish 3,140,291 28.33%
$ 11,085,547 100.00%
The Agency is governed by a Board of Directors (Board) consisting of eight representatives appointed by each Principal’s elected official. The Board meets on the second Thursday of each month and is represented by each Principal in the following numbers of representatives:
‐ Fire District No. 10 ‐ 2 ‐ Fire District 38 ‐ 1 ‐ City of Issaquah ‐ 2 ‐ City of North Bend ‐ 1 ‐ City of Sammamish ‐ 2
The Board established a two‐tiered funding model for all Principals’ contributions. The first tier utilizes calls for service to establish a first due area of response for each fire station and then applies the surrounding assessed value (AV) by jurisdiction to derive the percent of each jurisdiction’s portion of cost for that station. The second tier allocates each incident responded by each station to the Principal the call resided in. Fire incident calls are then multiplied by three while the EMS calls are multiplied by one. This establishes the total weighted incident value within each Principal/Station area. The funding model allocates 85% of costs based on AV and 15% based on calls. The total of all stations establishes each Principal’s share/percentage of the total cost of operations. The Equipment Replacement Fund and the Capital Facilities and Maintenance Fund use the same contribution percentages against the total need established by the Board in concert with the operating budget.
‐ 5 ‐ Page 24 of 155 EASTSIDE FIRE AND RESCUE
Notes to the Financial Statements For the Year Ended December 31, 2020
Note 1 ‐ Continued
Employees of Fire District No. 10 conduct the daily operations of the Agency. The Agency has no employees of record; however, the Agency directly pays the cost of Fire District No. 10’s employees’ wages and benefits pursuant to the Interlocal Agreement.
The financial statements of the Agency have been prepared in accordance with the Cash Basis Budgeting, Accounting, and Reporting System (BARS) manual prescribed by the State Auditor’s Office under the authority of Washington State law, Chapter 43.09 RCW. This manual prescribes a financial reporting framework that differs from generally accepted accounting principles (GAAP) in the following manner:
‐ Financial transactions are recognized on a cash basis of accounting as described below. ‐ Component units are required to be disclosed but are not included in the financial statements. ‐ Government‐wide statements, as defined in GAAP, are not presented. ‐ All funds are presented, rather than a focus on major funds. ‐ The Schedule of Liabilities is required to be presented with the financial statements as supplementary information. ‐ Supplementary information required by GAAP is not presented. ‐ Ending balances are not presented using the classifications defined in GAAP.
Fund Accounting ‐ Financial transactions of the government are reported in individual funds. Each fund uses a separate set of self‐balancing accounts that comprises its cash and investments, revenues and expenditures. The government’s resources are allocated to and accounted for in individual funds depending on their intended purpose. Each fund is reported as a separate column in the financial statements, except for fiduciary funds, which are presented by fund types. The total column is presented as “memo only” because any interfund activities are not eliminated. The following fund types are used:
PROPRIETARY FUND TYPES:
Enterprise Funds ‐ These funds account for operations that provide goods or services to the general public and are supported primarily through user charges.
FIDUCIARY FUND TYPES:
Fiduciary funds account for assets held by the government in a trustee capacity or as an agent on behalf of others.
Custodial Funds ‐ These funds are used to account for assets that the government holds on behalf of others in a custodial capacity.
Basis of Accounting and Measurement Focus ‐ Financial statements are prepared using the cash basis of accounting and measurement focus. Revenues are recognized when cash is received and expenditures are recognized when paid.
Cash and Cash Equivalents ‐ The Agency maintains a Revolving Fund not to exceed $15,000. All other cash is invested in the King County Investment Pool managed by the King County Treasurer. All cash is classified on the statements of Fund Resources and Uses Arising from Cash Transactions and Fiduciary Fund Resources and Uses Arising from Cash Transactions as cash and cash equivalents. The interest on the investments is prorated to the various funds. All cash investments are disclosed at Fair Market Value. See Note 3, Deposits and Investments.
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Notes to the Financial Statements For the Year Ended December 31, 2020
Note 1 ‐ Continued
Capital Assets ‐ Capital assets, which include vehicles and equipment, are defined by the Agency as assets with an initial individual cost of more than $20,000 and an estimated useful life in excess of five years. Capital assets are recorded as capital expenditures when purchased.
Asset Class Estimated Service Life
Staff vehicles, trailers and boat 10 ‐ 15 years Building improvements 10 years Equipment 3 ‐ 15 years
Note 2 ‐ Budget Compliance
Budget ‐ Pursuant to the Interlocal Agreement, the Agency’s Board of Directors (Board) has total discretion in directing the business of the Agency throughout the year. The Fire Chief is directed by the board to prepare a biennial budget, which identifies line item expenses for operations and capital assets. Operations are budgeted separately from equipment replacement and capital facility maintenance.
Changes made to the operating expenses, not to exceed the total operational budget approved by the Board, is at the discretion of the Fire Chief. Monthly interim financial reports are presented to the Board for review at the regular scheduled open public meetings as well as a Budget to Actual status.
Expenditures for capital assets are specifically identified and approved by the Board. All expenditures are made in conformance with applicable Federal, State and Local laws for Fire Districts. Appropriations in excess of budgeted revenues and expenses remain in the general operating expense fund reserve at the end of the biennium and do not roll forward.
Amending the Budget ‐ The budget may be amended during the current fiscal year by a majority approval of the Board. Revenues may be utilized from the operating reserve, a reallocation within the line item budget for equipment replacement, or by direct Principal contribution over and above the original biennial budget. All amendments are managed utilizing the agenda bill format at scheduled and published open public meetings. Biennial appropriated budgets are adopted on the same basis of accounting as used in financial reporting.
The appropriated and actual expenditures for the legally adopted budget is as follows:
Final Appropriated Actual Fund Amounts Expenditures Variance
Operating Fund$ 60,846,611 $ 60,660,844 $ 185,767
Final Appropriated Amounts include a biennial budget amendment/increase of $3,010,000 approved by the Board in October of 2019. This was to allocate additional revenue to staff two aid cars, additional training, radios, and cover payments into the Equipment Replacement Fund and Capital Facilities Maintenance fund that was required by the Principals in 2020.
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Notes to the Financial Statements For the Year Ended December 31, 2020
Note 3 ‐ Deposits and Investments
It is the Agency’s policy to invest all temporary cash surpluses. The interest on these investments is prorated to the various funds. All deposits are covered by the Federal Deposit Insurance Corporation and/or the Washington Public Deposit Protection Commission.
Investments ‐ In accordance with state law, the Board has entered into a formal interlocal agreement with the Agency's ex officio treasurer, King County, to have all its funds not required for immediate expenditure to be invested in the King County Investment Pool (the Pool).
As of December 31, 2020, the Agency had the following investments:
Effective Investment Type Fair Value Duration
King County Investment Pool $ 11,165,613 1.20 Years
Impaired Investments ‐ As of December 31, 2020, all impaired commercial paper investments have completed enforcement events. The King County Impaired Investment Pool (Impaired Pool) held one commercial paper asset where the Impaired Pool accepted an exchange offer and is receiving the cash flows from the investment’s underlying securities. The Impaired Pool also held the residual investments in two commercial paper assets that were part of completed enforcement events, where the Impaired Pool accepted the cash‐out option. The Agency’s share of the impaired investment pool principle is $3,955 while the Agency’s fair value of these investments is $2,466.
Interest Rate Risk ‐ As of December 31, 2020, the Pool’s average duration was 1.20 years. As a means of limiting its exposure to rising interest rates, securities purchased in the Pool must have a final maturity, or weighted average life, no longer than five years. While the Pool's market value is calculated on a monthly basis, unrealized gains and losses are not distributed to participants. The Pool distributes earnings monthly using an amortized cost methodology.
Credit Risk ‐ As of December 31, 2020, the Agency’s investment in the Pool was not rated by a nationally recognized statistical rating organization (NRSRO). In compliance with state statutes, the Pool policies authorize investments in U.S. Treasury securities, U.S. agency securities and mortgage‐backed securities, corporate notes (rated at least “A”), municipal securities (rated at least "A" by two NRSROs), commercial paper (rated at least the equivalent of “A‐1” by two NRSROs), certificates of deposits issued by qualified public depositories, repurchase agreements, and the Local Government Investment Pool managed by the Washington State Treasurer's office.
Note 4 ‐ Risk Management
The Agency purchases commercial insurance policies to cover property, errors and omissions, liability, crime, business auto, inland marine and umbrella. Deductibles vary by type of coverage and range from zero to $1,000. The umbrella limits are $10 million for general aggregate limit, $10 million for products completed operations aggregate limit, $5 million each occurrence limit and $5 million personal and advertising limit. There have been no settlements that have exceeded the Agency’s insurance coverage within the last three years.
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Notes to the Financial Statements For the Year Ended December 31, 2020
Note 5 ‐ Contingencies and Litigations
The Agency has no known contingent litigation liability. In the opinion of management, the Agency’s insurance policies are adequate to pay any potential unknown claims.
The Agency participates in several Federal and State assisted programs. These grants are subject to audit by the grantors or their representatives. Such audits could result in requests for reimbursement to grantor agencies for expenditures disallowed under the terms of the grants. Management knows of no such instances, however, should such reimbursement occur management believes that such disallowances, if any, will be immaterial.
Note 6 ‐ Joint Ventures
The Agency is a partner in North East King County Regional Public Safety Communications Agency (NORCOM), formed as a not‐for‐profit corporation created under the provisions of an interlocal agreement as provided by RCW Title 39.34 and 24.06, Interlocal Cooperation Act. The partnership is to provide emergency service communications and all related incidental functions for communicating and dispatching services between the public and participating agencies. As of December 31, 2020, the partners include the Agency, the Cities of Bellevue, Bothell, Clyde Hill, Kirkland, Medina, Mercer Island, Snoqualmie, King County Fire Protection Districts 27, 45, and 50, Snoqualmie Pass Fire & Rescue, Northshore Fire Department, Shoreline Fire Department, and Woodinville Fire & Rescue. Complete audited financial statements for NORCOM can be obtained from NORCOM, PO Box 50911, Bellevue, WA 98015‐0911.
The Agency participates in several cooperative purchasing and surplus equipment agreements that are only binding upon normal business activities such as commitments to purchase or sell. The Agency also participates in several mutual aid agreements that require assets and personnel deployments, on an availability basis, between and among various other state and local government service providers. Management does not deem these commitments to be more than the cost of providing routine services within the Agency service area.
The Agency participates in various interlocal agreements to provide services routinely utilized by various state and local governments in the normal delivery of services, designed to limit cost and increase overall service delivery utility. Notably:
‐ Northeast King County Emergency Medical Services Consortium for Advanced Life Support ‐ Public Safety Wireless Services Interlocal Agreement ‐ Department of Public Health Basic Life Support Services Agreement ‐ Department of Natural Resources Co‐op Engine Agreement ‐ Hazardous Materials Response Unit & Teams Interlocal Agreement
These agreements are believed by management to create no liability outside of what is routinely experienced by the Agency in the normal course of business within its legislated service area in excess of that which is covered by the Agency’s insurance policies.
Subsequent to year end, the Agency was converted to nonprofit corporation under Washington State law effective March 1, 2021 and the 2015 Interlocal Agreement was amended and replaced in its entirety by a new Interlocal Agreement. Under this agreement there have been no changes to the Principles or their respective equity interests, no changes to the title and ownership of these capital assets used by the Agency, and no changes to the Agency’s Board or funding model. Under the new corporation employees of Fire District No. 10 who previously conducted the daily business of the Agency will become employees of the Agency. Under the new Interlocal Agreement the Agency will be the employer of record.
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Notes to the Financial Statements For the Year Ended December 31, 2020
Note 7 ‐ COVID‐19 Pandemic
In February 2020, the Governor of the state of Washington declared a state of emergency in response to the spread of the deadly new virus known as COVID‐19. In the months following the declaration, precautionary measures to slow the spread of the virus were ordered. These measures included closing schools, cancelling public events, limiting public and private gatherings, and restricting business operations, travel and non‐essential activities.
There has been no negative financial impact to the Agency due to the pandemic. The length of time these measures will continue to be in place, and the full extent of the financial impact on the Agency is unknown at this time
Subsequent to year end, the Agency has entered into an interlocal agreement with the Cities of Sammamish and Issaquah to expedite the delivery and administration of COVID‐19 vaccinations to community members.
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SUPPLEMENTARY INFORMATION
Page 30 of 155 EASTSIDE FIRE AND RESCUE
Schedule of Liabilities For the Year Ended December 31, 2020
None
See independent auditor’s report. ‐ 11 ‐ Page 31 of 155 Eastside Fire & Rescue Board of Directors AGENDA BILL 2021-24 July 8, 2021
SUBJECT: 2021-2024 Firefighter & Company Officer Collective Bargaining Agreement
SUMMARY STATEMENT: Following successful negotiations, we have reached a tentative agreement with Local 2878 for the 2021-2024 Firefighter & Company Officer Collective Bargaining Agreement. The Bargaining Unit ratified the tentative agreement on June 30, 2021. I would like to thank the Agency’s bargaining team, on both sides of the table, for their professional approach to achieving agreement on a mutually beneficial contract. This will mark the Agency’s first ever four-year agreement with the FF & CO bargaining unit. Although the session took longer than we hoped, the strong relationship between labor and management proved successful in setting aside differences while focusing where we could find agreement. This agreement provides a 3% wage increase retroactive to January 1, 2021, as well as an increase equal to June CPI-W in 2022, 2023 and 2024. There is an increase in Deferred Compensation beginning January 1, 2023, of 1.5% of which 1% must include an employee match. Healthcare will be covered by the employer with an agreement that Labor and Management will jointly review the coverage if a greater than 8% increase in costs occur in a given year. While this is a change in process for healthcare, the employer has always paid 100% of healthcare. Other milestones include agreement on implementing Specialty Teams and a promoted Engineer’s position, both management initiatives. We cleaned up language throughout the contract and agreed to keep the agreement “dynamic”, allowing us to make changes to the contract as Letters of Agreement (LOA) are executed throughout the life of the contract rather than having to readdress each LOA during the following contract bargaining session. Management was successful in keeping this agreement within the parameters of the approved 2021- 2022 budget process. I appreciate the Board of Directors guidance and support over the course of the bargaining period through the many Executive Sessions.
Expenditure Required: $ Amount Budgeted: $
Fund Utilized:
RECOMMENDED MOTION: Move to recommend approval of the 2021-2024 Firefighter & Company Officer Collective Bargaining Agreement.
ALTERNATIVE(S): Recommend revisions. EXHIBITS: 1) 2021-2024 Firefighter & Company Officer Collective Bargaining Agreement
Originator: JC Administrative Review: 06/24/21
Action: Date: 07/08/21 Motion By: 2nd: Board Secretary: Page 32 of 155 COLLECTIVE BARGAINING AGREEMENT
Entered into between
EASTSIDE FIRE & RESCUE
And
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO LOCAL 2878
FIREFIGHTERS, ENGINEERS, AND COMPANY OFFICERS
JANUARY 1, 2021 THROUGH DECEMBER 31, 2024
** All economic terms shall be paid retroactive to January 1, 2021, except as stated below.
Page 33 of 155 TABLE OF CONTENTS ARTICLE 1 – RECOGNITION OF BARGAINING UNIT ...... 1 ARTICLE 2 – UNION MEMBERSHIP...... 2 ARTICLE 3 – MANAGEMENT RIGHTS ...... 3 ARTICLE 4 – NON-DISCRIMINATION CLAUSE...... 4 ARTICLE 5 – HOURS OF DUTY...... 5 ARTICLE 6 – OVERTIME AND CALLBACK...... 7 ARTICLE 7 – WORKING OUT OF CLASS...... 8 ARTICLE 8 – EDUCATION INCENTIVE...... 9 ARTICLE 9 – WAGES AND DEFERRED COMPENSATION...... 10 ARTICLE 10 – PAYROLL DEDUCTIONS...... 11 ARTICLE 11 – LONGEVITY...... 12 ARTICLE 12 – MILEAGE ALLOWANCE ...... 13 ARTICLE 13 – CLOTHING AND CARE...... 14 ARTICLE 14 – INSURANCE BENEFITS ...... 15 ARTICLE 15 – TOBACCO USE...... 17 ARTICLE 16 – VACATION...... 18 ARTICLE 17 – HOLIDAYS ...... 22 ARTICLE 18 – SICK LEAVE ...... 23 ARTICLE 19 – BEREAVEMENT LEAVE...... 29 ARTICLE 20 – WORK STOPPAGE ...... 30 ARTICLE 21 – UNION BUSINESS...... 31 ARTICLE 22 – SAFETY...... 33 ARTICLE 23 – DISCIPLINE...... 34 ARTICLE 24 – EASTSIDE FIRE & RESCUE...... 35 ARTICLE 25 – GRIEVANCE PROCEDURE...... 36 ARTICLE 26 – REDUCTION IN FORCE ...... 39 ARTICLE 27 – LABOR/ MANAGEMENT COMMITTEE ...... 40 ARTICLE 29 – PERSONNEL FILES...... 42 ARTICLE 30 – COURT LEAVE AND JURY DUTY ...... 43 ARTICLE 31 – SHIFT TRADES...... 44 ARTICLE 32 – PROMOTIONAL STANDARDS...... 46
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Page 34 of 155 ARTICLE 33 – PERSONNEL ASSIGNMENT...... 48 ARTICLE 34 – MERGERS AND LATERAL HIRES ...... 50 ARTICLE 35 – MILITARY ACTIVATION ...... 51 ARTICLE 36 – SPECIAL STAFF ASSIGNMENTS ...... 52 ARTICLE 37 – MEDICAL EXPENSE REIMBURSEMENT PLAN (MERP)...... 56 ARTICLE 38 – ALL HAZARD MOBILIZATIONS...... 57 ARTICLE 39 – SUBSTANCE ABUSE POLICY...... 60 ARTICLE 40 – SUCCESSOR AGREEMENTS...... 66 ARTICLE 41 – SPECIALTY ASSIGNMENTS ...... 67 ARTICLE 42 – DRIVER / OPERATOR POSITIONS ...... 69 ARTICLE 43 – DURATION AND COMPLETE AGREEMENT ...... 71 APPENDIX A – SALARY AND WAGES...... 73 APPENDIX B – BARGAINING UNIT ROSTER...... 75 APPENDIX C – GARRITY RIGHTS STATEMENT ...... 76 APPENDIX D – CONSENT FOR SAMPLING AND RELEASE OF INFORMATION FORM ...... 77 APPENDIX E – DEFINITIONS ...... 79
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Page 35 of 155 PREAMBLE
This Agreement is entered into by and between Eastside Fire & Rescue, hereinafter referred to as the "Employer", and International Association of Fire Fighters, AFL-CIO, Local 2878, hereinafter referred to as the "Union". The Employer is a nonprofit corporation, public body, and instrumentality of King County Fire Protection District No. 10, (“District 10”), Fire Protection District No. 38 (“District 38”), the City of Issaquah, the City of North Bend, and the City of Sammamish, in accordance with the Interlocal Cooperation Act and Chapter 24.03 RCW.
It is the purpose of this Agreement to achieve, maintain, and support harmonious labor relations between the parties and with partner agencies. It is also intended to provide a means to handle labor relations, promote efficiencies, esprit-de-corps, safety, agreements, and routine business in a professional manner.
With this in mind, the parties commit to working together on labor relations issues in an environment of mutual respect, communication, and candor, while acknowledging the respective rights and responsibilities of the Employer and the Union.
This agreement covers only Firefighters, Engineers, and Company Officers. Though the Battalion Chiefs and Support Staff employees are represented by the Union, they are covered by their own collective bargaining agreements with the Employer.
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Page 36 of 155 ARTICLE 1 - RECOGNITION OF BARGAINING UNIT Section 1.1 The Employer recognizes the Union as the sole and exclusive representative/bargaining agent of all full- time uniformed personnel (including but not limited to Firefighters, Engineers, Lieutenants, and Captains) as defined by RCW 41.56.030 employed by the Employer. Section 1.2 When the Union and the Employer cannot mutually agree if a newly established classification or position should be included within this bargaining unit, either party may request a unit clarification from the Public Employment Relations Commission.
Firefighters and Company Officers CBA 2021-2024 – 1 Page 37 of 155 ARTICLE 2 – UNION MEMBERSHIP Section 2.1 – Union Informational Meetings Pursuant to RCW 41.56.037, the Union will be afforded reasonable access to new bargaining unit members within the first ninety (90) days of placement in the bargaining unit for the purpose of presenting information about the benefits of Union membership. This presentation may occur during employee orientation or in a meeting with a Union Representative during the employee's regular work hours at their regular worksite.
Section 2.2 –Union Membership Obligations
Subsection 2.2.1 Employees may choose to become a member of the Union at any time in accordance with internal Union policy.
Subsection 2.2.2 An employee's application for Union membership and/or maintenance of Union membership shall be satisfied by the following:
1. An offer by the employee to pay the regular initiation fee, regular dues uniformly required by the Union of its members, and any other fees required by the Union's internal policy;
2. Submitting a signed Union payroll deduction authorization form to the Employer; and
3. Complying with the terms contained in the Union dues authorization form.
Subsection 2.2.3 During the term of this Agreement, the Employer shall deduct Union dues and initiation fees from the pay of each employee who voluntarily executes a payroll deduction authorization form.
When a payroll deduction authorization form is filed with the Employer, the signed payroll deduction authorization form will be transmitted to the Union. An employee may resign from union membership by submitting a written resignation to the Union, in accordance with the terms of the payroll deduction authorization form. Within five (5) days of receipt of a timely written resignation, the Union will notify the Employer to cease monthly deductions for that employee.
Firefighters and Company Officers CBA 2021-2024 – 2 Page 38 of 155 ARTICLE 3 - MANAGEMENT RIGHTS
Section 3.1 The Union recognizes the Employer has the obligation of serving the public with the highest quality of fire protection and emergency services efficiently and economically. The management and the direction of the work force are vested exclusively in the Employer, subject to terms of this Agreement. Section 3.2 – Administrative Rights All matters not specifically and expressly treated by the language of this Agreement may be administered for its duration by the Employer in accordance with such policy or procedures as the Employer from time to time may determine. Section 3.3 – Employer Operations Except where limited by this Agreement, and as subject to the bargaining obligations imposed by RCW 41.56, the Employer reserves the right to manage operations at its discretion.
Examples of such rights include the right:
A. To recruit, hire, assign, transfer, promote, and/or lay off employees;
B. To suspend, demote, and/or discharge employees or to take other disciplinaryaction, except as otherwise limited by this Agreement;
C. To adopt rules for the operation of the Employer and the conduct of its employees;
D. To determine the methods, processes, means, and personnel necessary for providing fire service, including the increase, or decrease, or change of operations or fire equipment, in whole or in part, the assignment of employees to specific jobs, the determination of job content and/or job duties, and the combination for consolidation of jobs and the setting of standards of performance; E. To determine work schedules and the location of the Employer headquarters and facilities;
F. To determine the amount of voluntary job related educational expenses to be reimbursedby the Employer, including tuition and other course or seminar fees, books, and travel beyond the education reimbursement policy currently in effect upon signing of this Agreement;
G. To control the Employer’s budget.
Section 3.4 – Emergency Management Right The Employer further reserves the right to take whatever actions are necessary in public health or natural disaster emergencies in order to assure the proper functioning of the Employer.
Firefighters and Company Officers CBA 2021-2024 – 3 Page 39 of 155 ARTICLE 4 - NON-DISCRIMINATION CLAUSE Section 4.1 The Employer and the Union shall not unlawfully discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment because of race, color, religion, marital status, national origin, age, sex, sexual orientation, physical disability, membership in the Union, or other protected class status as defined by State or Federal law, provided however that violations of this Article shall not be subject to the grievance procedure if the aggrieved party or the Union initiates administrative or civil proceedings involving substantially the same allegations of discrimination, and provided further, that any grievance award based on this Article shall not be enforceable if the grievant or Union thereafter initiates such administrative or civil proceedings.
Firefighters and Company Officers CBA 2021-2024 – 4 Page 40 of 155 ARTICLE 5 - HOURS OF DUTY
Section 5.1 – Twenty Four (24) Hour Shift The normal working hours shall be from 0800 to 0800. The work schedule shall be: 24 hours on duty, 48 hours off duty, 24 hours on duty, 96 hours off duty with this cycle repeated and the use of debit days.
Subsection 5.1.1 Employees may work an alternate work schedule, with mutual agreement of Union and Employer.
Subsection 5.1.2 At least one (1) hour shall be reserved for physical fitness per shift. Subsection 5.1.3 – Debit Day An additional twenty-four (24) hour period worked starting at 0800 and ending at 0800 the following day. To increase the average workweek, the employee is required to work twenty-four (24) hours once every thirty-two (32) days. For FLSA purposes, the work period will be sixteen (16) days with an overtime threshold of 121 hours worked.
Subsection 5.1.3.1 Debit days may be traded between members in accordance with Article 31.
Subsection 5.1.3.2 Vacation on Debit Days shall be in accordance with the vacation picking process.
Subsection 5.1.3.3 An Officer on a Debit Day may work as a Firefighter (Hydrant or Nozzle position). The regularly assigned Company Officer of the shift shall retain their position and authority.
An Officer on a Debit Day shall be assigned to fill an open Officer position prior to upgrading a Firefighter (as an Acting Officer) to fill the position.
Section 5.2 – Twelve Hour Shift (Suppression) The normal hours of work for the employees assigned to a twelve-hour shift shall be from 0800 to 2000: for four (4) consecutive days followed by four (4) consecutive days off. Average workweek is equal to 42.5 hours.
Subsection 5.2.1 In the event the Employer creates a twelve (12) hour shift position(s), Firefighters, Engineers, and Company Officers shall be assigned by a seniority bid process with the least senior Officer, Engineer, or non-probationary Firefighter assigned the position if no one bids on the position.
Subsection 5.2.2 The Employer may adjust the start and end time of the twelve (12) hour shift with mutual
Firefighters and Company Officers CBA 2021-2024 – 5 Page 41 of 155 agreement of Union and Employer.
Section 5.3 – Administrative Day Shift The normal working hours for Administrative day shift personnel shall be from 0800 to 1700, Monday through Friday, not to exceed forty (40) hours per workweek, and to include a one (1) hour lunch period. Subsection 5.3.1 Employees working an Administrative Day Shift may work an alternate work schedule, with mutual agreement of employee and employer, such as, but not limited to, four (4) ten (10) hour shifts per week.
Subsection 5.3.2 The Employer supports telecommuting as a flexible work arrangement and allows supervisors to implement telecommuting arrangements for eligible employees. An Employer policy will be maintained to provide the parameters for equipment and/or working conditions for employees who telecommute.
There are two types of telecommuting, each requiring pre-approval from their Administrative Supervisor. • Regular Telecommuting: The employee will have a pre-approved, established, predictable schedule. • Occasional Telecommuting: The employee will telecommute sporadically, generally on an as-needed basis. (i.e., extremely inclement weather, pandemic).
Section 5.4 – Notice of Shift Change Employees shall receive written notice of a shift change. Fourteen (14) calendar days advanced notice shall be given when possible, or sooner by mutual agreement. This time limit may be waived at the discretion of the Fire Chief to necessitate shift adjustments caused by promotional appointments.
Firefighters and Company Officers CBA 2021-2024 – 6 Page 42 of 155 ARTICLE 6 - OVERTIME AND CALLBACK Section 6.1 Overtime shall be defined as any hours or portion of hours worked beyond an employee's normally scheduled work hours. Section 6.2 Overtime shall be compensated at one and one-half (1 1/2) times the employee's Regular Rate of Pay as defined in Appendix E. Section 6.3 Overtime shall be computed to the nearest half hour (1-30 minutes = 1/2 hour of overtime, 31-60 minutes = 1 hour of overtime). Section 6.4 In the event overtime is not the extension of or the beginning of an employee's shift, or is not for a task assignment, a minimum of two (2) hours of overtime shall be paid to the employee when the employee is requested or required to return to duty or involved in activities as defined in section 6.5. After the two hours, overtime shall be paid in increments as defined in section 6.3 by the employer.
Subsection 6.4.1 Employees working outside their regularly scheduled shift in a telecommuting/remote/virtual capacity will be compensated at one and one-half times the employee’s hourly rate computed to the nearest half hour with a minimum of one (1) hour. Section 6.5 An employee shall be entitled to overtime pay when off shift and required to attend a meeting or training. Section 6.6 Employees working Suppression Overtime for fireworks display special events staffing on Independence Day will be guaranteed a minimum of twelve (12) hours.
Firefighters and Company Officers CBA 2021-2024 – 7 Page 43 of 155 ARTICLE 7 - WORKING OUT OF CLASS Section 7.1 Any employee who is assigned by the Fire Chief to accept the responsibilities and carry out the duties of a position or rank above that which the employee normally holds for a period of at least one (1) hour shall be compensated as described below: Subsection 7.1.1 The out of class rate for Firefighters, Engineers, and Lieutenants shall be the base rate of the position being filled. Subsection 7.1.2 The out of class rate for Captains acting as Battalion Chiefs shall be the base rate of the position being filled.
Section 7.2 To qualify as an Acting Lieutenant, a Firefighter shall complete the Acting Officer Development Program; or, shall have completed JATC and been an Acting Lieutenant prior to August 31, 2010.
Section 7.3 Firefighters that have successfully completed the JATC Driver/Operator objectives shall be eligible to fill the role of acting Engineer and shall be paid in accordance with Article 7, Subsection 7.1.1 when acting. All current 1st class Firefighters are “legacied” and considered eligible Acting Engineers, effective January 1, 2022.
Firefighters and Company Officers CBA 2021-2024 – 8 Page 44 of 155 ARTICLE 8 - EDUCATION INCENTIVE Section 8.1 The Employer shall pay a monthly premium equivalent to 1.75% of 1st Class Firefighter Rate of Pay for an Associate's degree. The monthly premium begins the first month following official documentation submitted to the Employer of an accredited (accredited by the Northwest Commission on Colleges and Universities (NWCCU) or regionally equivalent) program awarding a degree in the field of Fire Science, (e.g., Fire Technology, Fire Administration/Command, Fire Prevention Specialist or other fire related education) approved through consensus with Labor and Management. Section 8.2 The Employer shall pay a monthly premium equivalent to 2.0% of 1st Class Firefighter Rate of Pay for a Bachelor's degree. The monthly premium begins the first month following official documentation submitted to the Employer of an accredited (accredited by the Northwest Commission on Colleges and Universities (NWCCU) or its regional equivalent) program, or as approved through consensus with Labor and Management. Employees who qualify for the premium under this section are not eligible for the premium under Section 8.1.
Section 8.3 – Education Reimbursement Tuition reimbursement, which will have a maximum annual allowable amount of up to 15 credits per calendar year, shall be allowed for any approved, accredited, graded, job related degree program, based upon the following tuition payment schedule:
The Employer shall reimburse up to $350 per credit hour (inclusive of all fees). Section 8.4 When staffing allows, employees may be allowed to attend approved educational classes, seminars and/or schools that are job related or part of approved degree programs, without being charged personal leave or vacation. This provision does not apply to the JATC program.
Firefighters and Company Officers CBA 2021-2024 – 9 Page 45 of 155 ARTICLE 9 - WAGES AND DEFERRED COMPENSATION
Section 9.1 - Calculation The salary schedule shall be as set forth in Appendix A. Effective January 1, 2021, the Base Monthly Rate for first class Firefighters (1st Class FF) shall be $8,336.00. For the purpose of calculating the Base Hourly Rate of Pay, the Base Monthly Rate of individuals shall be multiplied by twelve (12) to obtain the annual salary, which shall then be divided by 2465 (2080 for employees working a forty (40) hour work week), which represents the annual hours scheduled. For Regular Rate of Pay and Overtime Rate of Pay, see Appendix E, Definitions.
Section 9.2 Salaries shall be increased effective January 1, 2022, January 1, 2023, and January 1, 2024 in accordance with Appendix A, Section A.3.
Section 9.3 – Classifications and Specialty Pays Other classifications, ranks, and specialty pays shall be referenced in Appendix "A," which shall form a part of and be subject to all provisions of this Agreement.
Section 9.4 – Deferred Compensation For 2021 and 2022, the Employer agrees to make a contribution in the amount of three and a half percent (3.5%) of 1st class firefighter Base Monthly Rate, per month, per employee into one of the Employer's deferred compensation programs chosen by the Employee.
Beginning January 1, 2023, the Employer agrees to make a contribution in the amount of four percent (4%) of 1st class firefighter Base Monthly Rate, per month, per employee into one of the Employer's deferred compensation programs chosen by the Employee.
Beginning January 1, 2023, the Employer agrees to make an additional matching contribution per month, per employee. The Employer matching contribution is a 100% match of an employee’s elective payroll deferral, to a maximum of one percent (1%) of 1st Class Firefighter Rate of Pay.
Subsection 9.4.1 The Employer shall maintain two (2) separate 457(b) options (Currently Randall & Hurley and the state DRS 457(b) plan) at least one of which will offer a loan program (see Policy 3518 for reference).
Firefighters and Company Officers CBA 2021-2024 – 10 Page 46 of 155 ARTICLE 10 – PAYROLL DEDUCTIONS Section 10.1 Upon receipt of written authorization individually signed by a bargaining unit member, the Employer shall have deducted from the pay of such Employee, the amount of dues as certified by the Secretary or President of the Union and shall transmit the same to the Treasurer of the Union. Section 10.2 The Employer agrees to a maximum of eight charitable or political payroll deductions which have a uniform benefit of the Union members as a whole. Section 10.3 The Union will indemnify, defend, and hold the Employer harmless against any claims made, and against any suit instituted against the Employer, on account of any check-off of dues for the Union, payroll deductions, or lawful actions taken by the Employer in the enforcement of the provisions of Article 2 (Union Membership). The Union agrees to refund to the Employer any amount paid to it in error or on account of the check-off provisions upon presentation of proper evidence thereof. Section 10.4 The Employer agrees to allow employees a payroll deduction to pay 100% of the premiums for a disability policy for all employees covered by this Agreement. Section 10.5 The Employer is authorized to deduct from the pay of each employee the deduction required under RCW 51.16.140 so long as the mandatory employee contribution is required by law.
Firefighters and Company Officers CBA 2021-2024 – 11 Page 47 of 155 ARTICLE 11 - LONGEVITY Section 11.1 The Employer shall pay a monthly Longevity premium equivalent to the corresponding percentage of the 1st Class Firefighter Rate of Pay for the employee who has completed the following schedule of years of service as a full time employee with the Employer or as reflected in Appendix B.
Completion of: Premium 5 years 2% 10 years 4% 15 years 6% 20 years 8% 25 years 11% 30 years 13%
Firefighters and Company Officers CBA 2021-2024 – 12 Page 48 of 155 ARTICLE 12 - MILEAGE ALLOWANCE
Section 12.1 Employees, when pre-approved by the Employer to use their private vehicles on Employer business, shall be compensated for mileage.
Section 12.2 In lieu of mileage allowance, employees relocated during a shift shall be compensated at a rate of $10.00.
Section 12.3 When employees are pre-approved by the Employer to use their private vehicle for job-related training that occurs outside of the Eastside Fire & Rescue boundaries, mileage shall be computed from actual miles traveled, but not to exceed mileage from 175 Newport Way NW (Issaquah, WA) to the training site and back.
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Page 49 of 155 ARTICLE 13 - CLOTHING AND CARE Section 13.1 Uniforms and protective clothing shall be provided as described in Employer policy. Such items shall be replaced at no cost to the Employee, subject to a fair wear and tear policy. Section 13.2 The Employer shall provide laundering facilities for routine cleaning of clothing as provided for in this Agreement; some contaminated items may require special cleaning which will be provided. Section 13.3 Line personnel assigned to day shift (light duty excluded) that are required to wear white shirts will be provided reimbursement for dry cleaning of shirts.
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Page 50 of 155 ARTICLE 14 – INSURANCE BENEFITS Section 14.1 Medical and Dental Benefit
The Employer shall pay 100% of all medical and dental premiums for employees, spouses, state registered domestic partners, and dependents.
The Employer and the Union mutually agree the LEOFF Health and Welfare Trust Plan B shall be the medical insurance plan (includes vision) and the LEOFF Health and Welfare Trust shall be the medical insurance provider. Delta Dental Plan D, purchased through Washington Counties Insurance Fund (WCIF), shall be the dental insurance provider. The Voluntary Employees’ Beneficiary Association (VEBA) Third Party Administrator (TPA) and HRA VEBA debit card provider shall be BPAS.
Kaiser Permanente HMO (medical and vision) shall also be offered if the minimum required participants are met. Employees choosing Kaiser Permanente HMO shall pay any premium in excess of the current year’s LEOFF Health and Welfare Trust Plan B rate.
Section 14.2 Health Reimbursement Arrangement Voluntary Employees’ Beneficiary Association (HRA/VEBA):
Annually, the Employer shall fund an HRA VEBA for each bargaining unit member as follows:
Employee with no spouse, state $2,000 registered domestic partner or dependents:
Employee with spouse, state $4,000 registered domestic partner and/or dependents:
The HRA accounts shall be held in a Voluntary Employees’ Benefit Plan (VEBA) Trust, may be used for all IRS allowable expenses, and shall contain the following elements:
Subsection 14.2.1 The annual HRA VEBA employer contribution shall be available for use by each employee for IRS allowable expenses by January 15th of each year. The Employer agrees to fund the annual HRA VEBA contribution for each bargaining unit member monthly with 100% funding to occur by July 1st of each year with no cap on accumulation. Accumulated balances plus interest shall roll over each year.
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Page 51 of 155 Subsection 14.2.2 Individual HRA VEBA account funds shall roll over accumulated amounts as indicated above and shall include a survivorship option.
Subsection 14.2.3 Employees separating from the Employer shall continue to have access to their HRA VEBA balance (until depleted) as provided in 14.2.2.
Section 14.3 Medical Insurance Committee (MIC):
The MIC is a joint Labor/Management Committee of equal representation (currently 3 from Labor and 3 from Management) which oversees all sections of Article 14. The MIC evaluates healthcare options, pricing and usage. The MIC shall meet at least semi-annually or by mutual agreement and may propose alternative medical plan options using the following criteria:
1. Maintaining an effective and efficient healthcare plan;
2. Within the scope of the Employer's legal authority as a publicemployer;
3. Within the scope of the Union's responsibility to all bargaining unit members represented by Local 2878.
Such plan option(s) shall be evaluated jointly and bargained in good faith.
Section 14.4 Benefits while on leave without pay or separation (within COBRA): The Employer shall make available to the employee on leave without pay or separated from the Employer the current medical and dental benefits at no cost to the Employer, to the extent allowed under COBRA Law.
Section 14.5 Benefits while on Disability Leave The Employer shall provide employees on disability leave, pursuant to Article 18, the benefit outlined in Section 14.1.
Section 14.6 MIC Review In the event the parties’ negotiated health insurance carrier plans are discontinued or experience an annual cost increase of eight percent (8.0%) or higher (medical and dental evaluated independently), either the Union or the Employer may request an evaluation by the MIC. The joint MIC will evaluate and recommend options as a result. The evaluation shall be based on benefit options, pricing, and usage.
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Page 52 of 155 ARTICLE 15 – TOBACCO USE Section 15.1 The Employer and the Union agree the use of tobacco products (cigarettes, cigars, chewing tobacco, etc.) is not compatible with a healthy fire service, reduces work efficiencies, increases health care costs and is contrary to the goals of a comprehensive wellness program. Section 15.2 While on duty employees shall not use any tobacco products. Section 15.3 No tobacco products shall be used while on Employer managed properties or resources. Section 15.4 The Union and Employer encourage employees using tobacco to seek appropriate cessation treatment to become tobacco free. In order to assist in the cessation of tobacco products, the Employer shall pay for one completed tobacco cessation treatment program (outside of provided health insurance) per employee (not to exceed $900). The Employer may provide additional programs if it deems necessary.
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Page 53 of 155 ARTICLE 16 - VACATION
Section 16.1 - Accrual Vacation and holiday leave shall be authorized to regular, full-time employees based on the following schedules:
Administrative Day Shift Employees: Hours Vacation Days Accrual Rate Maximum Maximum Per pay period Accrual Accrual Max Buffer Cash Out
0-1 year 48 6 2.000 96 96
2-4 years 120 15 5.000 252 228
5-9 years 168 21 7.000 300 276
10+ years 216 27 9.000 420 396
Twelve (12) Hour Shift Employees: Vacation Accrual Maximum Maximum Hours Days Rate Per Accrual Accrual pay Buffer Max Cash period Out
0 -1 year 120 10 5.000 96 96
2-4 years 168 14 7.000 252 228
5 - 9 years 192 16 8.000 300 276
10 -14 years 216 18 9.000 348 324
15 -19 years 240 20 10.000 396 372
20+ years 264 22 11.000 420 396
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Page 54 of 155 Twenty-Four (24) Hour Shift Employees (Four Platoon):
Vacation Accrual Maximum Maximum Hours Days Rate Per Accrual Accrual pay Buffer Max period Cash Out
0 - 1 year 96 4 4.000 96 96
2-4 years 228 9.5 9.500 252 228
5 - 9 years 276 11.5 11.500 300 276
10-14 years 324 13.5 13.500 348 324
15-19 years 372 15.5 15.500 396 372
20+ years 396 16.5 16.500 420 396
Subsection 16.1.1 Employees shall accrue 1/24th of their authorized vacation and holiday leave credit each pay period, and the payroll process will debit for the vacation leave used during the pay period. (This is based on twenty-four (24) pay periods per year.)
Subsection 16.1.2 Vacation benefits shall be accrued from the date of hire and the rate change shall be effective on the pay period of the employee's anniversary date, unless the anniversary date falls on the pay period, which shall then become the effective date.
Subsection 16.1.3 Employees may have a greater amount of leave accrued than indicated in 16.1 throughout the year, but shall be below the maximum accrual on December 31st of each year.
Subsection 16.1.3.1 If employees are not authorized to take vacation leave due to circumstances beyond their control, the Fire Chief or Administrative designee shall authorize the employee an additional 120 days to use accrued vacation leave in excess of maximum accrual limits without loss of benefit. Accrual that exceeds the maximum authorized shall be adjusted on January 1st of each year. The overage may be converted to sick leave with Employer approval.
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Page 55 of 155 Subsection 16.1.3.1.2 – Frozen Maximum Accrual At the end of 2018 all vacation banks over the maximum accrual indicated in 16.1 were "frozen" and considered the individual employee's maximum accrual and maximum cash out for 16.3. This frozen leave amount was to be below the maximum accrual listed in the following table on December 31st of 2017.
As Employees use their frozen leave, the frozen max accrual amount will be reduced until it drops to the maximum accrual indicated in 16.1.
Frozen maximum accruals shall be afforded a buffer to ensure that the union leave bank identified in article 21.4 does not force an employee to reduce their frozen max accrual. This buffer shall not count towards the termination payment identified in 16.3.
Hours Vacation Days Accrual Rate Maximum Maximum Per Pay Period Accrual Buffer Accrual Max Cash Out 96 4 4.000 96 (72) 0 - 1 year 96 228 9.5 9.500 (316) (288) 2 - 4 years 252 228 276 11.5 11.500 (384) (360) 5 - 9 years 300 276
10 -14 years 324 13.5 13.500 (456) (432) 348 324
15 -19 372 15.5 15.500 (528) (504) years 396 372
20+ years 396 16.5 16.500 (564) (540) 420 396
Section 16.2 – Leave Schedule Employees shall schedule all annual vacation leave no later than January 1st of each year.
Subsection 16.2.1 Annual vacation leave may be changed after all leave is scheduled with agreement by both the Employee and Employer.
Subsection 16.2.1 Employees may request additional vacation leave after January 1st of each year with approval of the Employer.
Section 16.3 – Termination Payment
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Page 56 of 155 If permitted by State law, an employee's accrued vacation will be paid in one lump sum upon termination of employment. The employee may elect to receive this vacation payout in up to five equal annual payments in lieu of a lump sum. Payment shall be at the affected employee's Base Hourly Rate of Pay except as provided in Article 36.1.3. Termination payment is capped at the max accrual hours listed in Article 16.1 except as otherwise defined in 16.1.3.1.
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Page 57 of 155 ARTICLE 17 - HOLIDAYS
Section 17.1 – Administrative Day Shift Employees For employees scheduled to work day shift, the holidays, as described in Section 17.1.1, shall be recognized and observed. Employees shall take their holiday when Headquarters is closed unless an alternative schedule is reached by mutual agreement of Employee and Employer.
Subsection 17.1.1 - Holidays New Year's Day Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Day Christmas Day before or after Christmas
Subsection 17.1.2 Administrative Day shift employees shall receive two (2) shifts personal leave per year. A day shift employee's personal leave or holiday shall be defined as eight (8) hours of paid time off, or an equal number of hours of the employee's regular assigned shift (i.e., 10 hours of leave if the employee works 10 hour shifts).
Section 17.2 12- and 24-hour shift employees receive vacation in lieu of holidays.
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Page 58 of 155 ARTICLE 18 – SICK LEAVE
Section 18.1 – Non-duty Sick Leave
Employees whose retirement benefits are provided by State law under LEOFF II shall receive non-duty sick leave for sickness and injuries that are non-duty related pursuant to applicable State Law. Full-time employees shall have a bank of sick leave immediately upon employment and accumulate sick leave at the rate listed below in Section 18.1.1.
Subsection 18.1.1 Maximum accrual hours may be exceeded during the calendar year and adjusted on January 1st of each year to reflect the maximum.
First Year Bank Accrual Rate Per Pay Maximum Accrual Period Day Shift Employee 96 hours 5.000 1440 12 Hour Shift 96 hours 5.000 1440 Employee 24 Hour Shift 144 hours 7.000 1440 Employee
Section 18.2 – Non-duty Sick Leave may be used for the following reasons: 1. Personal illness, injury, or incapacity of the employee to perform his/her duties; 2. Quarantine of the employee by a public health official; or 3. Doctor and/or dental appointments in case of an emergency, or as otherwise approved by the Fire Chief or designee.
Section 18.3 - Lawful Compliance and Re-Opener If any provision of this Agreement or the application of such provision shall be held invalid or unlawful by a court of law, the remaining provisions shall remain in effect, and the parties shall promptly meet to re-negotiate the affected provision(s). In the event that the parties are unable to negotiate a replacement of the affected provision(s), the matter shall be resolved through interest arbitration.
Section 18.4 – Duty Related Disability In the event of a duty related disability (On Duty Injury/Illness), for up to six (6) months for each new and separate duty related disability:
Subsection 18.4.1 Vacation leave scheduled during Time-loss due to an On Duty Injury/Illness (including retro- active to the first day of Time-Loss) shall be canceled.
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Page 59 of 155 Subsection 18.4.2 Pre-scheduled shift trade working (shift trade-on) during time loss due to an On Duty injury/illness shall be recognized as a regular Employee workday by the Employer.
Subsection 18.4.3 Employees shall be charged leave (accrued sick leave, accrued vacation leave, etc.) for Time-loss due to an On Duty Injury/Illness at the rate of 1/10 of work missed e.g., 2.4 hours charged per 24 hours missed.
Subsection 18.4.4 LEOFF employees, on Time-loss due to an On Duty Injury/Illness, shall accrue sick leave and vacation leave benefits as they normally would if not on Time-loss due to an On Duty Injury/Illness.
Subsection 18.4.5 The Employer shall continue to pay the employee’s Regular Rate of Pay (i.e., the employee is kept whole and there are no other changes to the employee’s wages, benefits, or accruals, etc.) during Time-loss due to an On Duty Injury/Illness.
Employee's Obligation: All L&I Time-Loss checks/amounts received by the employee for Time- Loss (relative to EF&R employment/Time-Loss) shall be submitted to the Employer within ten (10) business days.
Subsection 18.4.6 Employees who need leave due to On Duty Injury/Illness shall be placed on and charged sick leave until there is a determination of eligibility by L&I. If the employee’s sick leave is depleted, the employee’s vacation leave shall be transferred to sick to cover the hours. If the employee’s vacation leave is depleted, the employee is absent without leave unless leave is received per Section 18.9.
Subsection 18.4.7 In the Event of a public health emergency, as declared by a state official or the federal government, employees may utilize PHEL in lieu of sick leave. Employees will follow normal procedures for reporting absences and must meet PHEL criteria stated in the Employer policy.
Section 18.5 – Notification When Unable to Report Employees shall notify and provide reason to the on-duty Battalion Chief at least one (1)hour prior to the beginning of a shift if not able to report for duty due to reasons listed in Section 18.2.
Section 18.6 – Verification The Employer may require an employee to produce a doctor's verification of the employee's need of absence from work if a pattern or practice of absence is noted. The doctor's verification may no longer be required if an employee shows no pattern or practice of absence for 12 (twelve) consecutive months, as approved by the Employer.
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Page 60 of 155 Section 18.7 – Sick Leave Benefits
Subsection 18.7.1 – Annual Sick Leave Conversion Incentive A 24 hour employee who uses no more than 72 hours of non-duty sick leave, or a 12 hour employee who uses no more than 36 hours of non-duty sick leave, or a Day Shift employee who uses no more than 30 hours of non-duty sick leave during any one (1) calendar year (January through December) may choose one of the Incentive options listed in 18.7.1.
Option 1: One (1) shift of accrued, unused sick leave converted to one shift of vacation leave to be taken at the discretion of the employee upon approval of the Fire Chief or designee.
Option 2: One (1) shift of accrued unused sick leave converted to cash payment, at the employee's November 30th Base Hourly Rate of Pay in the calendar year for which the benefit is earned.
Option 3: Retain his/her sick leave balance.
Exception: Employees assigned to twelve (12) hours, and/or day shift eight (8) or ten (10) hours, shall be eligible to receive the same dollar equivalent as the 24-hour shift employee.
Example: 24-hour employee receives $556.12 for his/her pay classification for 24-hour cash out option. The 12-hour or day shift employee in a similar pay classification would receive $556.12. The amount would be divided by their hourly rate to determine the number of hours reduced.
Subsection 18.7.2 – Annual Pay Incentive for Excess Sick Leave Accrual Employees who have accumulated 1440 hours of non-duty sick leave shall continue to accumulate sick leave at the normal accrual rate until the end of each year. On December 31st, all sick leave accumulated in excess of the maximum will be paid at fifty percent (50%) of the employee's Base Hourly Rate of Pay in effect as of November 30th in the year earned. This pay incentive shall be paid no later than the employee's first January paycheck.
Subsubsection 18.7.3 Annual Sick Leave Bonus Employees who have accumulated 1440 hours of non-duty sick leave shall be eligible to receive an additional pay incentive in the form of a bonus. Eligibility for this sick leave bonus shall be based on the employee's use of non-duty sick leave hours in each calendar year. If eligible, the bonus shall be paid at the employee's Base Hourly Rate of Pay in effect as of November 30th in the year earned and it shall be paid no later than the employee's first January paycheck. Determination of an employee's eligibility to receive this bonus shall be made on December 31st. The bonus amount to be paid out shall be based on the following schedule:
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Page 61 of 155 Number of Unused Non-Duty Sick Percentage Leave Hours Payout
73 or more hours 50%
48.1 to 72 hours 55%
48 hours or less 60%
Section 18.7.1 shall not apply to employees' eligible under this section, unless the employee opts to retain annual benefit options under 18.7.1 instead of 18.7.3.
Subsection 18.7.4 – Separation Payment Employees who provide separation notice, via the required declaration in accordance with 18.7.4.4, shall receive compensation for their sick leave, to a maximum of 1440 hours. Sick Leave in excess of 1440 hours upon separation shall be compensated at 50% of the employee’s Base Hourly Rate of Pay. This Separation Payment shall be deposited into the employee's HRA VEBA or MERP Account in five (5) equal annual payments (unless mutual agreement of employee and employer). Payment amount shall equal the sum of the percentages in 18.7.4.1 and 18.7.4.2 multiplied by the affected employee's Base Hourly Rate of Pay (except as provided in Article 36.1.3).
Example: An Employee with an individual sick leave accrual compensation percentage of 50% and a workforce incentive of 25% would receive 75% cash value for unused remaining sick leave accrual.
Subsection 18.7.4.1 – Individual Incentive The individual incentive calculation percentage shall be based on the employee's previous 5- year average (immediately preceding retirement) of non-work related sick leave use:
Example: June 30th retirement calculation is based on a July 1st to June 30th year.
48.0 hours or less = 50%
48.01 to 72.0 hours = 37.5%
72.0 hours = 25%
Subsection 18.7.4.2 – Workforce Incentive
The workforce incentive calculation percentage shall be based on the previous five (5) calendar year average rounded to the nearest whole number (0.5 rounds up, 0.49 rounds down) of non-work related sick leave use of the entire workforce of Firefighters,
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Page 62 of 155 Engineers, Lieutenants, Captains, and Battalion Chiefs assigned to a twenty-four (24) hour four platoon shift schedule.
48 hours or less = 50%
49-98 hours = 1% for every hour below 99
99 hours or more = 0%
Subsection 18.7.4.3 – Workforce and Individual Five-Year Average
2018 = The workforce and individual calculation shall be replaced with a percentage of 60% 2019 = 2018 actual for individual and workforce. 2020 = average of 2018 & 2019 actual for individual and workforce. 2021 = average of 2018-2020 actual for individual and workforce. 2022 = average of 2018-2021 actual for individual and workforce. 2023+ = previous five-year average for individual and workforce.
Paragraph 18.7.4.3.1 The Employer and the Union agree that the intent of the individual and workforce incentive outlined in 18.7.4.1 and 18.7.4.2 is for average non-work related short term injury and illness.
Paragraph 18.7.4.3.2 Should the Employer deny light duty assignment to a qualified member with a non-work related injury, the leave used while the employee is qualified for light duty shall not count towards the workforce incentive.
Paragraph 18.7.4.3.3 The Union and Employer agree to determine whether injuries or illnesses in excess of thirty (30) calendar days should be excluded from either calculation.
Subsection 18.7.4.4 – Separation Notice To be eligible for the separation payment outlined in 18.7.4 an employee shall give notice of separation. The Employer shall provide the required declaration of separation documents and provide notice to the Employees each March 1 (with a submittal deadline of March 31) for a December 30 retirement and each September 1st (with a submittal deadline of September 30) for a June 29th retirement.
If separation notice is not provided no separation payment is due. Separation notice may be waived by the Employer for extenuating circumstances. Separation notice may be waived for health-related separations, as determined by the employee’s Attending Physician(s) and verified by an Employer IME.
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Page 63 of 155 In the event the Employer fails to meet its responsibilities, six (6) months’ notice shall meet the intent of required notice.
Section 18.8 – Light Duty Subsection 18.8.1 Employees who incur a duty-related injury or illness shall be assigned to light duty (as outlined in State Law - Disability Leave Supplement for LEOFF - Employee to Perform Light Duty Tasks) if appropriate work is available and subject to the approval of the attending physician and the Employer.
Subsection 18.8.2 Employees assigned to light duty shall be transferred to administrative day shift.
Subsection 18.8.3 When an employee is unable to perform regular duties due to a non-duty related injury or illness, and the appropriate alternative work is available, the employee may request assignment to light duty tasks, subject to the approval of the attending physician and the Employer.
Subsection 18.8.4 Employees assigned to light duty shall accrue sick leave and vacation benefits. The 14-day notice period referenced in Section 5.4 shall not apply.
Section 18.9 – Transferring Vacation or Sick Leave Employees shall have the ability to transfer vacation or sick leave from their accrued banks to another employee's sick leave bank by the agreement of both employees, and approval of the employer, if the receiving employee's sick and vacation banks are depleted.
Section 18.10 – Death Benefit Should an employee death occur while employed by the Employer, the employee's sick leave bank shall be paid out at 100% to their benefactor.
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Page 64 of 155 ARTICLE 19 - BEREAVEMENT LEAVE Section 19.1 In the event of death in the employee's immediate family, the employee shall be granted bereavement leave without loss of pay as noted below in Section 19.1.1 (per occurrence). Subsection 19.1.1 – Prior Approval The amount of bereavement leave shall be determined by the Fire Chief or Administrative designee after considering the circumstances, including the location, identity of the relative, date of the services and other relevant matters. Subsection 19.1.2 Day shift employees: one (1) to five (5) shifts 12-hour shift employee: one (1) to four (4) shifts 24-hour shift employees: one (1) to three (3) shifts. Section 19.2 – Additional Leave If travel time is required, the employee shall be granted additional shifts without pay or on vacation status at the discretion of the Fire Chief or Administrative designee. Section 19.3 – Family Members Identified Subsection 19.3.1 Family members shall be defined as spouse or state registered domestic partner, children (including a child for which an employee functions in loco parentis) stepchildren, grandchildren, step grandchildren, mother, father, stepparents, brother, sister, mother-in- law, father-in-law, sister-in law, brother-in-law, grandparents, or grandparents-in-law. Subsection 19.3.2 Other family members approved by the Fire Chief or Administrative designee may be allowed the same time off as identified in 19.3.1 but shall use accrued sick or vacation leave.
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Page 65 of 155 ARTICLE 20 - WORK STOPPAGE Subsection 20.1 The Union agrees there shall be no strikes, slowdowns, stoppages of work, or other organized disruptions of the Employer's operations. The Employer agrees there shall be no lockout of the employees.
Firefighters and Company Officers CBA 2021-2024 – 30 Page 66 of 155 ARTICLE 21 - UNION BUSINESS Section 21.1 The Employer shall furnish space for Union bulletin boards for each station an employee is assigned. Said boards are to be used exclusively for Union related material. Said boards are to be a maximum of three (3) feet by four (4) feet and of a design mutually agreed upon by the Employer and the Union. Section 21.2 The Employer shall allow the use of Employer facilities for Union meetings and related business. Section 21.3 The Employer shall afford Union representatives a reasonable amount of time, while on non-emergency duty, to consult with appropriate management officials and/or aggrieved employees, provided the Union representatives and/or aggrieved employees contact the Fire Chief or the Fire Chief's administrative designee to indicate the general nature of the business to be conducted, and request necessary time without undue interference with assigned duties. Union representatives and employees shall guard against excessive time in handling such responsibilities. Section 21.4 The Employer agrees to establish and maintain a Union leave bank to allow time off with pay for a union officer or appointed representative to attend IAFF or WSCFF sponsored conferences, conventions, and/or seminars. Union leave for other situations may be approved by the Union President or designee, and the Fire Chief or Administrative designee. Subsection 21.4.1 On January 1st of each year, the Employer shall remove vacation leave from each bargaining unit member's vacation bank. The Union President shall notify on or about December 15th of each year the amount of leave to be removed:
Up to four (4) hours of vacation leave for twenty-four hour shift employees.
Up to two (2) hours of vacation leave for day shift employees.
The above total hours shall be converted to a cash value at the employee’s Regular Rate of Pay and be utilized to recover the cost of an absent employee. When the bank is utilized, it shall be charged at the user’s Regular Rate of Pay. Union leave may be used in addition to the already scheduled daily staffing. Subsection 21.4.2 Notification of time off for Union business shall be given to the Fire Chief or Administrative designee in writing, signed by the Union President of Local 2878 or designee, at least three (3) calendar days in advance of such time off.
Subsection 21.4.3 Upon depletion of the Union leave bank, the Employer shall be reimbursed by the Union for all costs associated with Union leave approved by the Fire Chief or Administrative designee, and the Union President.
Firefighters and Company Officers CBA 2021-2024 – 31 Page 67 of 155 Section 21.5 Up to three (3) members of the Union's negotiating team shall be allowed time off with full pay for all meetings between the Union and the Employer for the purpose of negotiating the terms of the contract, when such meetings take place at a time during which such members are on duty.
Firefighters and Company Officers CBA 2021-2024 – 32 Page 68 of 155 ARTICLE 22 - SAFETY Section 22.1 The Employer and its employees shall comply with (Washington Industrial Safety andHealth Act), and WAC 296-305 (Safety Standards for Firefighters), and all other applicable state and federal laws. The Employer shall not require an employee to work in conditions which do not comply therewith. Conditions of work, which are felt to be in violation of these rules, shall be reported by its employees to the supervisor as per WAC 296-305 (Employee's Responsibility).
Section 22.2 There shall be a minimum of two (2) representatives from IAFF 2878 who are employees of the Employer to serve on the Safety Committee. These representatives shall be compensated and allowed to attend Employer safety meetings and Employer safety hearings. Section 22.3 The Employer will provide audiometric testing once every three years as part of hearing loss prevention program. The Employer agrees that no Employee shall be required to fill out or sign any disclosure documentation prior to testing or receiving results. The purpose of the testing is solely to assist employees in hearing retention. Section 22.4 The Employer and the Union agree that the Peer Support Team (PST) functions as a support and debriefing resource for employees and their families. The PST provides support to personnel experiencing personal and work related stress. It also provides support during and following critical or traumatic incidents resulting from performance of duty.
Section 22.5 The Employer will provide an annual LifeScan Public Safety Physical Exam to each member. The exams will be scheduled on duty. Employees may decline the LifeScan exam, use their personal healthcare professional for an annual physical exam, or have no annual exam.
Employees will provide their Employer provided health insurance card at time of LifeScan exam. The Employer agrees that the employee will not have to pay anything out of pocket for the LifeScan exam. The Employer will pay for all LifeScan exam expenses not covered by the Employer provided healthcare plan.
Firefighters and Company Officers CBA 2021-2024 – 33 Page 69 of 155 ARTICLE 23 – DISCIPLINE Section 23.1 – Just Cause No employee shall be demoted, disciplined, or discharged without Just Cause. Subsection 23.1.1 – Promoted Employees During the probationary period of one (1) year, which commences upon appointment to the higher rank, employees promoted may be reduced to their previous rank held before promotion. Subsection 23.1.2 – New Employees Newly hired employees, while serving as recruit firefighters and/or during their probationary period of one (1) year, may be terminated without the right of appeal to the grievance procedure herein.
Newly hired firefighters shall be considered recruit firefighters during Fire Academy and Emergency Medical Technician training.
Newly hired firefighters shall begin their one (1) year probationary period on the date they complete their Fire Academy and Emergency Medical Technician training.
A lateral employee shall be subject to a one (1) year probationary period, which shall begin upon their hire date.
Section 23.2 – Representation The employee shall have the right to be accompanied and represented by the Union and/or the Union’s legal counsel at any investigatory meeting, Loudermill hearing, and at every stage in the grievance procedure.
Section 23.3 – Appeal A non-probationary employee who claims to have been unjustly disciplined, demoted, or discharged shall be entitled to submit a grievance in the grievance process. Section 23.4 In the event that an Employee is placed on administrative leave with or without pay, the Employer shall provide a written notice to the Employee as to the cause and anticipated duration of the leave.
Firefighters and Company Officers CBA 2021-2024 – 34 Page 70 of 155 ARTICLE 24 - EASTSIDE FIRE & RESCUE
Section 24.1 District 10 and District 38 (the Districts), and the City of North Bend, the City of Sammamish, and the City of Issaquah (the Cities) have delegated to, and Eastside Fire & Rescue accepts, all retirement system obligations of the Districts and the Cities with respect to the employees covered by this Agreement. Eastside Fire & Rescue shall participate in the public employee retirement systems of the State in which the Firefighters, Lieutenants, and Captains employed by the Employer participate.
Section 24.2 The Employer agrees on behalf of the Cities and the Districts that if the Employer lays off any employees as a result of the withdrawal of any of the Districts or Cities from Eastside Fire & Rescue, the withdrawing City or District shall be responsible for payment of accrued employee benefits, continuation of employee benefits required by law and unemployment compensation for a period not to exceed five (5) years. For purposes of this paragraph, “employee” means an individual whose employment with Eastside Fire & Rescue has been terminated as a direct result of the City or District withdrawing from Eastside Fire & Rescue. If the withdrawing City or District establishes its own fire department upon withdrawal, the Employer agrees that the City or District shall collectively bargain with the Union and assume employment of laid-off employees. The Employer agrees that employment with the withdrawing City or District shall fall under this CBA. Upon expiration of the CBA, the withdrawing City or District and the Union shall re-negotiate. If the withdrawing City or District contracts for service with another entity, the City or District shall collectively bargain with the Union and transition employment of laid-off employees to the new entity providing service.
Section 24.3 If the Interlocal Agreement governing Eastside Fire & Rescue expires, including automatic renewals thereof, the following rules shall apply:
Any City or District that establishes a new fire department upon expiration of the Interlocal Agreement shall collectively bargain with the Union and assume employment of laid-off employees of Eastside Fire & Rescue. Employment with the City or District shall fall under the CBA negotiated between Eastside Fire & Rescue and the Union. Upon expiration of the CBA, the City or District and the Union shall re- negotiate. Any City or District that contracts for service with another entity upon expiration of the Interlocal Agreement shall collectively bargain with the Union and transition employment of laid-off employees to the new entity providing service.
Section 24.4 The Union’s right to enforce the foregoing obligations in this Article is in addition to any other right or remedy the Union or any Employee has under the law.
Firefighters and Company Officers CBA 2021-2024 – 35 Page 71 of 155 ARTICLE 25 - GRIEVANCE PROCEDURE
Section 25.1 – Grievance Procedure Both parties recognize the importance of good labor relations and the desirability of settling grievances promptly and fairly. In the interest of good employee relations and morale, the following procedure is outlined. To accomplish this, every effort will be made to resolve the complaint or grievance at the lowest level possible.
The Union will be unimpeded and free from restraint, interference, coercion, discrimination, or reprisal in seeking resolution of their Grievance.
Time restrictions herein may be waived by written consent of both parties at any step of the grievance procedure.
It is a declared objective of the parties to encourage prompt and informal resolution of employee complaints as they arise and to provide recourse to orderly procedures for the satisfactory adjustment of complaints.
Definitions:
Grievance – an issue raised by the Union relating to the interpretation, application, or violation of the employee's rights, benefits, or conditions of employment as contained in this Agreement.
Negotiation – shall mean a process to settle a dispute related to contract or other labor issues between a labor representative and management representative.
Mediation – shall mean a process to settle a grievance that requires a neutral third party to facilitate a process whereby both parties of the dispute can attempt to work on a mutually satisfying solution of the grievance.
Arbitration – shall mean a process to settle a grievance that could not be resolved through a mediation process or other means. Arbitration is where a neutral third party(s) determines whether the contract has been violated and, if so, what shall be the appropriate remedy after both parties present evidence related to the issue. The arbitrator shall make the final decision related to the issue. The arbitrator's decision shall be binding on both parties.
Fire Chief – shall mean Fire Chief of the Employer or the Fire Chief's Administrative designee.
Supervisor – shall mean the first level of supervision outside the scope of the bargaining unit.
Receipt – When either party delivers correspondence either in person or electronically to the specified designee, and the specified designee acknowledges it has received the correspondence.
Pre Grievance Step: If a dispute arises out of or relates to this Agreement, or breach thereof, the employee shall submit,
Firefighters and Company Officers CBA 2021-2024 – 36 Page 72 of 155 within fourteen (14) calendar days of the knowledge of the occurrence, in writing to the Union, on a provided form, all relevant facts involving the alleged grievance along with the remedy sought. The Union, upon receiving the written and signed statement from the employee, shall determine if a grievance exists. If the Union determines a grievance has merit, then the Union shall submit the grievance to Step 1. If the Union determines the grievance does not have merit, no further action is necessary.
The Union may also facilitate the dispute per Article 27 Labor Management Committee, if the Employer concurs. The parties agree to try in good faith to settle the dispute. If no settlement is reached within ninety (90) calendar days, the grievance will proceed to Step 1. If the dispute is brought to Labor Management, the twenty eight (28) calendar day time restriction to move to Step 1 will be waived if submitted within twenty eight (28) calendar days from the knowledge of the occurrence of such Grievance.
The Union also retains the right to file a grievance on its own, or on behalf of one or more affected employees, beginning at Step 1.
Step 1: Grievance Review A written notice of a grievance, to include the provided form, facts of alleged violation, section of CBA or practice violated, and remedy sought by the Union, shall be presented to the Fire Chief within twenty eight (28) calendar days from the Union's knowledge of the occurrence of such grievance.
The Fire Chief shall gain all relevant facts, and attempt to resolve the matter. The Fire Chief shall notify the Union representative of the decision within twenty eight (28) calendar days after the day the grievance was presented to the Fire Chief. If the grievance is not pursued to Step 2 within twenty eight (28) calendar days of the receipt of the decision, it shall be deemed resolved.
The Union and Employer may agree to meet at any time during Step 1.
Step 2: Appeal to Fire Chief The Union and Employer shall meet within twenty eight (28) calendar days of the Fire Chief's notification that the Union has moved the grievance to Step 2, and attempt to resolve the grievance prior to moving to Step 3. If the grievance is not pursued to Step 3 within twenty eight (28) calendar days from the conclusion of the meeting(s), it shall be deemed resolved.
Step 3: Mediation The Union may initiate mediation by filing with the Fire Chief, a written request for PERC mediation. The request for mediation shall contain a brief statement of the nature of the dispute and the names of all parties including those who will represent the parties.
Alternately, the Union and Employer may mutually agree to request a list of mediators from the American Arbitration Association (AAA). The parties shall request a list of nine (9) mediators. Within fourteen (14) calendar days following receipt of the list from AAA, the parties shall meet to select a mediator. If the Union and the employer cannot mutually agree upon a mediator then the Union and the employer shall take turns in striking names from the list until one remains. A coin toss shall determine
Firefighters and Company Officers CBA 2021-2024 – 37 Page 73 of 155 who goes first.
If both sides still cannot agree to a resolution of the grievance after mediation, the Union may proceed to Step 4, within twenty eight (28) calendar days from the last day of mediation.
The Union and Employer may mutually agree to bypass Step 3: Mediation.
Step 4: Arbitration The Union may initiate arbitration if the mediation process fails or if the parties mutually agree to bypass Step 3 by filing with the Fire Chief, a written request for arbitration pursuant to the rules below. The request for arbitration shall contain a brief statement of the nature of the dispute and the names of all parties including those who will represent the Union.
Appointment of an Arbitrator - A single arbitrator shall be chosen. A list of three impartial arbitrators shall be presented by each side from individuals outside the organization. The process to select the Arbitrator shall be by mutual agreement by both parties.
If the Union and Employer are unable to select an arbitrator by this method, the Union shall petition the AAA or FMCS for a list of impartial arbitrators. Within fourteen (14) calendar days following receipt of the list from AAA or FMCS, the parties shall meet to select an arbitrator. The Union and the Employer shall take turns in striking names from the list until one remains. A coin toss shall determine who shall strike first. Alternately, the Union and Employer may mutually agree to request PERC appoint an arbitrator from its Dispute Resolution Panel.
The Arbitrator and parties shall adhere to the AAA Labor Arbitration Rules or PERC rules as applicable.
Expenses Each party shall equally share in expenses of the arbitrator and court reporter, if any, unless they agree otherwise. Each party will bear the cost of their representatives or any witnesses appearing on their behalf.
Firefighters and Company Officers CBA 2021-2024 – 38 Page 74 of 155 ARTICLE 26 - REDUCTION IN FORCE
Section 26.1 In the event it becomes necessary, reductions in force shall be determined by the Employer by classification (i.e., Captain, Lieutenant, Engineer, and Firefighter). Section 26.2 - Procedure Layoffs shall be conducted by seniority within classification; the employee with the least time in classification, officers by date of promotion within rank, and firefighters by date of hire, shall be laid off first. Subsection 26.2.1 A laid off employee may bump a less senior employee in a lower paid classification within the bargaining unit. For an employee who has been reduced in rank or classification their seniority shall include time spent in the higher rank(s) or classification(s). Subsection 26.2.2 The affected employee, the Union, and all employees subject to possible bumping shall be notified no less than ninety (90) days in advance of any personnel reduction. The employee shall notify the Fire Chief or Administrative designee in writing within seven (7) calendar days from the initial date of notice of the employee's intent to exercise the right to bump an employee in a lower class. Section 26.3 - Recall Subsection 26.3.1 An employee shall have recall rights to the same classification, or a lower classification for which the employee is qualified to do the job, within five (5) years of the date of layoff. Recall shall be in reverse order of layoff. All employees recalled, shall be required to meet the requirements of the Employer's return to work policy, which shall address the medical, physical, Physical Capability test, essential elements of the job, etc. Subsection 26.3.1 Laid off employees shall maintain a current address with the Employer for purposes of recall notification. Failure of receipt of notification due to failure to maintain a current address with the Employer shall release the Employer from its obligation to recall the employee. Such failure shall be evidenced by failure to respond to the letter of notice, to be sent by registered mail, return receipt requested, within fourteen (14) calendar days of first notice by the Post Office.
Firefighters and Company Officers CBA 2021-2024 – 39 Page 75 of 155 ARTICLE 27 - LABOR/ MANAGEMENT COMMITTEE Section 27.1 – Members of Committee There shall be a Labor/Management Committee composed of up to three (3) management representatives appointed by the Fire Chief and up to three (3) members of the Union appointed by the Union President. The Labor/Management Committee shall meet at least quarterly. Section 27.1 – Committee Authority The Committee shall function in a representative capacity. The Committee shall deal with matters of general concern and contract clarification as opposed to individual complaints of employees. Either party may request a meeting of the Labor/Management Committee. The initiating party shall submit a proposed agenda to the other party.
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Page 76 of 155 ARTICLE 28 - SAVINGS CLAUSE Section 28.1 If any provision of this Agreement, or the application of such provision, should be rendered or declared invalid by any court action or by reason of any existing or subsequently enacted legislation, the remaining parts or portions of this Agreement shall remain in full force and effect.
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Page 77 of 155 ARTICLE 29 - PERSONNEL FILES Section 29.1 Subject to State and Federal law, the Employer agrees the contents of the employee's personnel file (paper or electronic) shall be kept confidential and shall restrict the use of any information contained in the file to internal use within the Employer, unless otherwise agreed to by the employee. Section 29.2 Employees shall be allowed to view, in its entirety, their personnel files by appointment with the Employer at a mutually convenient time. The employee shall also be allowed to obtain a copy, in whole or in part, any information contained in their file on an annual basis. Section 29.3 The employees shall have the right to allow members of the Union executive board, or their designee, to view their file on their behalf. The employee shall be required to submit a release form to Human Resources for maintaining personnel files. Section 29.4 Employees shall be allowed to enter into their file comments or information that reasonably rebut or clarify information in the file relating to reprimands, demotion, discipline or investigations. Section 29.5 Any information relating to discipline or demotions shall have a pull date assigned to the document prior to filing. Commendations shall remain in the file. Letters of discipline, without penalties, shall have a pull date of two (2) years. Discipline, with penalties, that may include time off without pay shall have a pull date of five (5) years. All pull dates shall commence from date of alleged violation. Section 29.6 Employees may submit a request to Human Resources that there is information (including investigations that may be attached to discipline) in their file that is beyond the pull date. After receiving their request, the originals and any copies of all information related to the event or occurrence or activity, including the request to pull, shall be pulled from the employee's file and returned to the employee in its entirety within ten (10) working days of the Employer's receipt of the request and the approval process completed, unless the Employee is currently under investigation, in which case the file is locked/frozen, pending the completion of the enhancement process. Section 29.7 Nothing contained in this article shall restrict the employee's right to use the grievance process, or the Union's statutory right to receive information necessary and relevant to its collective bargaining responsibilities and duties.
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Page 78 of 155 ARTICLE 30 - COURT LEAVE AND JURY DUTY Section 30.1 The Employer agrees to pay employees for the period of time, including driving time for which they are required to appear before a court, judge, justice, magistrate, attorney, inquest or other function of the court as a plaintiff, defendant, or witness as a result of an incident that occurred during the performance of their duties. If the said time period falls during the employee's normal work period, the employee shall be compensated as if they had worked these hours. If the employee is not scheduled to work, the employee shall be compensated at the overtime rate of pay. Section 30.2 Employees required to serve on the jury of a federal, state, or municipal court, will be allowed up to two (2) weeks paid leave for such jury duty. Service as a juror beyond two (2) weeks will be on a basis of unpaid leave. Employees subpoenaed to appear in court as a witness, or as a party to an action, not involving Employer business, will be allowed unpaid leave for which the employee may substitute accrued vacation leave. Employees upon receiving notification to report to serve on jury duty or when subpoenaed, must immediately notify the shift Battalion Chief or supervisor (if on Day Shift). Section 30.3 Employees who serve on jury duty will receive their regular rate of pay for up to two (2) weeks provided they submit to the Employer any compensation received for such duty. Paid leave from Employer for jury duty will not include driving time or mileage. Compensation received by employees as specific reimbursement for travel expenses by a court will be refunded to employees by the Employer, if such compensation was included in the compensation submitted to the Employer. Section 30.4 Employees excused from court or jury duty during the hours they are regularly scheduled to work must notify the shift Battalion Chief or supervisor (if on Day Shift) immediately and may be required to report to work if the circumstances are reasonable.
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Page 79 of 155 ARTICLE 31 - SHIFT TRADES Section 31.1 Employees of equal skill or rank shall have the option to trade shifts or portions of shifts. Shift trades are an agreement between employees done on a voluntary basis. The employee participating in a shift trade shall be entitled to all benefits afforded to on duty employees. Subsection 31.1.1 Shift trades are intended to incur no cost to the Employer. Subsection 31.1.2 Shift trade hours shall not constitute hours for calculating FLSA. Subsection 31.1.3 The Employer shall have no obligation to keep records of shift trades. Subsection 31.1.4 The employees, with the approval of the Battalion Chief, shall be responsible for arranging and carrying out a shift trade. Section 31.2 All shift trade documentation shall be completed before the trade using the agreed upon electronic process. The Battalion Chief shall approve such shift trades, provided the trade does not cause overtime at the time of the request. Subsection 31.2.1 Once the shift trade documentation or electronic process is completed and approved by the Battalion Chief, the shift trade is protected from cancellation and the shift then becomes the responsibility of the employee accepting the trade. If both employees agree, a trade may be cancelled at any time, by both employees contacting the on- duty Battalion Chief. Subsection 31.2.2 An employee who agrees to a shift trade and subsequently fails to complete the trade shall be held responsible for the hours agreed to, as follows: Subsection 31.2.2.1 An employee who fails to report for an agreed upon shift trade shall be charged the equivalent incurred cost of the Employer for replacement out of their vacation bank in hours (i.e., overtime replacement twenty four (24) hours equates to thirty six (36) hours vacation) at a rate of 1 1/2 hours for each hour not worked. If no overtime is incurred, then the employee will be charged vacation leave at the regular rate. Subsection 31.2.2.2 An employee who calls in sick prior to an agreed upon shift trade shall be charged the equivalent of the cost incurred to the Employer for replacement out of their sick leave bank of hours (i.e., overtime replacement of twenty-four (24) hours equates to thirty-six (36) hours sick leave) at the rate of 1-1/2 hours for each hour not worked. If no overtime is incurred, the employee will be charged sick leave at the regular rate. An employee without sufficient sick leave to cover the equivalent cost shall have the commensurate hours taken from their vacation bank.
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Page 80 of 155 Subsection 31.2.2.3 If an employee is responsible to work a trade, and subsequently goes on a disability or other approved FMLA or emergency leave, the employee shall be charged from their leave bank as if they were working their normally assigned shift. Section 31.3 If an employee becomes sick or disabled while in the performance of a shift trade obligation and leaves work, sick leave shall be charged to that individual as described in Article 18 - Sick Leave. Section 31.4 Employees working a shift trade and a bereavement event occurs, the employee working the shift trade would follow Article 19. Section 31.5 Employees may be allowed to relieve another employee serving the previous shift trade prior to the actual scheduled starting time of the oncoming shift or may holdover for up to two (2) hours without notification of the Battalion Chief.
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Page 81 of 155 ARTICLE 32 - PROMOTIONAL STANDARDS Section 32.1 All promotions to positions within the bargaining unit shall be made solely on merit, efficiency, educational requirements, and fitness by open competitive examination among Union members. Examinations shall be free from bias and be proper under the rules. Examinations shall objectively and comprehensively test for qualifications for the position. A description of the topics to be covered by each examination shall be discussed with and provided to the Union and posted not less than sixty (60) days prior to the examination. Section 32.2 Unless mutually agreed, Lieutenant and Captain examinations shall be conducted by the assessment center method which shall include, but not be limited to, a minimum of four (4) topics: Employee Challenge, Citizen Challenge, Tactical Challenge, and a Spot Topic presentation.
The Union and Employer shall agree on the specifics of the Engineer testing process which shall include no less than three elements, which shall include an over the road, pumping practical, and a written exam.
Identical scoring shall be deemed by seniority.
The Union may designate an observer for each topic, at no cost to the Employer, to observe the promotional examination process. The observer shall be equal or greater rank than that of the position being tested. The Union observer shall not disrupt the examination process. For each examination, the Employer shall be obligated to ensure the examination is impartially administered. Section 32.3 All promotions within the bargaining unit shall follow Policy 2407. A promotional list shall be maintained continuously, unless otherwise mutually agreed, and shall be valid for two (2) years. Section 32.4 In the event two or more candidates have identical scores, the candidate with the greatest seniority shall be deemed highest scoring. All open vacancies at the time of the testing process shall be filled within thirty (30) days following the completion of the testing process. Section 32.5 All promotional candidates shall have completed the Employer's JATC program, as long as the JATC program is in place. Section 32.6 Lieutenants and Captains: Only candidates who receive a combined final score of 75% or higher will be considered for promotion. Only candidates who receive a score of 75% or higher on the Tactical Challenge will be considered for promotion.
Engineers: A combined final score of 70% or higher shall be considered a passing score.
Candidates are entitled to written and/or oral feedback upon request; such feedback shall identify deficiencies, scores, and areas for improvement.
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Page 82 of 155 Subsection 32.6.1 Lieutenants and Captains: The Fire Chief shall select from the top three (3) qualified candidates utilizing the Rule of Three. Upon request from a skipped candidate, the Fire Chief will verbally explain their rationale for skipping that candidate. Skips are not subject to the grievance procedure.
Engineers: The Fire Chief shall select the candidate with the highest score.
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Page 83 of 155 ARTICLE 33 – PERSONNEL ASSIGNMENT
Section 33.1 Firefighters, Engineers, and Officers shall be eligible based on seniority for a station/shift selection process (SuperPick) on or before September 1, 2021. It is not a requirement to have required training or certification in order to pick into a station.
Subsection 33.1.1 Other station/shift selection shall be mutually agreed upon byLabor and Management.
Section 33.2 Probationary positions shall be assigned by the Employer. Employees may be displaced in order to facilitate the needs of training probationary employees.
Section 33.3 Voluntary Movement
Subsection 33.3.1 Employees requesting to change stations within the shift, shall initiate the process by submitting a letter of request to their Battalion Chief. The request shall be posted in the Battalion Chiefs office. The BC may make the change if eligible. It shall be based on seniority (if there are more than two employees interested) and by eligibility. Employees posting requests for station change have the right of refusal. No more than two positions shall be posted at any one time.
Subsection 33.3.2 Employees requesting to change shifts shall initiate the process by submitting a letter of request to their BC. This letter shall include the reason(s) for the request. The request shall not be granted unless the exchange of shifts meets the goals and needs of the Employer, andapproved by each affected BC and the Deputy Chief of Operations.
Subsection 33.3.2.1 The letter shall be returned to the initiator as approved or denied; if denied, the reason(s) for the denial shall be included. If approved, the request shall be posted in the BattalionChief's office for a period of fifteen (15) calendar days.
Subsection 33.3.2.2 Employees interested in exchanging shifts with the initiator shall submit her/his name to the BC. Upon completion of the posting period, all responders shall be listed by seniority. The initiator has the right of refusal.
Subsection 33.3.2.3 In accommodating the request, the Employer shall incur no expenses. This means individuals shall be willing to accept the other's vacation/debit days or coordinatethe exchange with the vacation selection process.
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Page 84 of 155 Section 33.4 Any open station assignment, due to retirement, promotion, demotion, dismissal, or other reasons creating a vacancy, shall be filled by the Employer on a seniority basis. All eligible employees, except those on probation (except off probation by time of assignment), shall have the right to bid for this open position.
Subsection 33.4.1 If there is no open position, the Employer may create a vacancy in order to move employees for discipline or performance with approval by the Deputy Chief of Operations.
Subsection 33.4.2 The Employer may create a vacancy in order to move a newly promoted Lieutenant in accordance with Article 5.4 of this agreement. The vacancy shall be created from the three least senior Lieutenants on a shift if voluntary movement is not obtained.
Section 33.5 Vacancies due to special assignment shall be eligible for seniority bid on the affected shift and to include the member vacating special assignment.
Section 33.6 Employees not on the affected shift may bid on the position, if agreeable by the Employer for 33.4 and 33.5.
Section 33.7 In the event an expedited process is needed, the Union shall contact all eligible employees to fill the position.
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Page 85 of 155 ARTICLE 34 – MERGERS AND LATERAL HIRES
Section 34.1 The Employer may enter into contractual services, mergers and/or consolidation arrangements with other agencies, municipalities and/or fire protection agencies. The Union shall be contacted early in the planning process of any such arrangement, discussion, contract, etc. in order to discuss potential bargaining issues, concerns, and/or representation issues which may arise as a result. Section 34.2 In the event of any action as described in Section 34.1, representation issues shall be determined in accordance with Washington State Law administered by PERC.
Section 34.3 Lateral Hires The Employer reserves the right to hire lateral transfers when hiring firefighters. The date of hire with the Employer will determine seniority, longevity, sick leave accrual, and probationary period. Vacation accrual shall be at the rate of a three-year employee.
Lateral hires shall begin at second-class firefighter wage and shall be enrolled in, and successfully complete, the JATC Step 3 process. Lateral hires with a valid JATC card shall begin at 1st Class Firefighter Rate of Pay and will be subject to a performance evaluation at the end of probation.
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Page 86 of 155 ARTICLE 35 – MILITARY ACTIVATION Section 35.1 The Employer and the Union agree to a "Keep Whole" Policy for members under military activation. The Policy will be developed and maintained through the Labor and Management Committee.
A workday shall be defined as any scheduled hours between the employees' regular work start time and end time which may be up to 24 hours in length for shift personnel.
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Page 87 of 155 ARTICLE 36 - SPECIAL STAFF ASSIGNMENTS
Section 36.1 – Selection Process for Special Staff Assignments
Subsection 36.1.1 The position shall receive pay based on Appendix A.
Subsection 36.1.1.1 When Employees transfer to a Special Staff Assignment their Sick and Vacation accruals will change per 18.1.1 and 16.1. Additionally, their existing banks will be converted utilizing the following equation:
2465 converted to 2080 = Bank X 84.38%
When the employee returns to shift work their Sick and Vacation accruals will change back per 18.1.1 and 16.1. Additionally, their existing banks will be converted utilizing the following equation:
2080 converted to 2465 = Bank X 118.51%
The intent of this subsection is to ensure the value of the Sick and Vacation banks are equal for both use and cash-out.
Subsection 36.1.2 The position will be unrestricted from working shift overtime so long as it does not interfere with their normal scheduled work assignment.
Subsection 36.1.3 Employees retiring while serving Special Staff Assignments shall have their vacation and sick leave accruals paid out at their Base Hourly Rate of Pay to include five percent (5%) day shift differential pay.
Subsection 36.1.4 When the Employer determines Special Staff Assignments need to be filled, the following process shall be followed:
a. Human Resources shall notify all potential candidates through the normal General Notice procedure of the position opening.
b. The Notice shall be given at least thirty (30) days before the position becomes available. In the Notice, a cutoff date for submitting letters of interest shall be given, as well as a date for when the position will be filled.
c. All potential candidates shall submit a letter of interest.
d. Any letters received by the Employer after the cutoff date shall not be considered for the position.
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Page 88 of 155 e. Human Resources shall verify all letters for qualifications and submit a list of qualified candidates to the Selection Committee.
f. Engineers and Lieutenants with twelve (12) months in grade at time of appointment, Firefighters who are First Class at the time of appointment and Captains regardless of time in grade will be deemed qualified for Special Staff Assignments.
Section 36.2 – Multiple Candidate Process
Subsection 36.2.1 The Selection Committee shall consist of two representatives appointed by the Fire Chief and two representatives appointed by the Union President.
a. The Selection Committee shall schedule an interview with each qualified candidate.
b. The Union and Employer shall mutually agree upon the questions asked during the interview.
Subsection 36.2.2 When all candidates have been interviewed, the Committee shall provide a list of ranked candidates to the Fire Chief.
Subsection 36.2.3 The Fire Chief shall utilize the Rule of Three to appoint a candidate. Upon request from a skipped candidate, the Fire Chief will verbally explain their rationale for skipping that candidate. Skips are not subject to the grievance procedure.
Section 36.3 – Alternative Process
Subsection 36.3.1 If there is only one candidate, the Fire Chief may appoint that candidate. Alternatively, the Fire Chief may request the candidate plus the two least senior qualified bargaining unit members be given to the Selection Committee for interview.
Subsection 36.3.2 If no candidates apply for the position(s), a pool of the three (3) least senior qualified bargaining unit members may be given to the Selection Committee for interview.
Subsection 36.3.3 When all candidates have been interviewed, the Committee shall provide a list of ranked candidates to the Fire Chief.
Subsection 36.3.4
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Page 89 of 155 The Fire Chief shall utilize the Rule of Three to appoint a candidate. Upon request from a skipped candidate, the Fire Chief will verbally explain their rationale for skipping that candidate. Skips are not subject to the grievance procedure.
Section 36.4 – Duration
Subsection 36.4.1 Appointment to the Special Staff Assignment position shall be for two (2) years. If the employee wishes to continue in the position for another term, they shall submit a letter of interest and go through the selection process as outlined in 36.1.4 through 36.3.2.
Subsection 36.4.2 The Employer may terminate a Special Assignment appointment early if the Employee fails to successfully complete a Performance Improvement Plan (PIP).
Section 36.5 – Response and Training
Subsection 36.5.1 The employee shall be allowed to participate in any special team drills or training sessions required to maintain certification or active status while on duty. The employee shall be able to respond to special team(s) call out.
Subsection 36.5.2 The employee shall be allowed to attend required CBT and fire suppression drills while on duty.
Subsection 36.5.3 The employee shall be allowed to respond on duty to major incidents when a resource emergency exists and the response will not significantly affect their ability to complete their assigned duties.
Subsection 36.5.4 The employee shall be allowed to test for a higher rank and promote without restriction. If promoted, they shall be allowed to leave the assignment before fulfilling their time commitment.
Section 36.6 Additional Training Required
Subsection 36.6.1 Fire Inspector (whether filled by a Firefighter, Engineer, Lieutenant, or Captain) shall attain the following training: Attain the IFC Inspector Certification within twelve (12) months of appointment.
Section 36.7 If an individual selected for a Special Assignment position is unable to complete the assignment due to Employer needs (not discipline), the points shall be pro-rated for time served.
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Page 90 of 155 Section 36.8 Individuals selected for Special Assignment positions, who have completed their assignments, shall be afforded a five percent (5%) point increase (or pro-rated amount) in their total final assessment center score at the next promotion process they participate in. The Special Assignment Incentive is valid for one promotional process and shall only be applied to a passing score. Only one Special Assignment Incentive can be utilized per promotional process.
Section 36.9 – Fire Inspector Position
Subsection 36.9.1 The Fire Inspector position shall be selected as described in this Article and may be filled with any rank from within the bargaining unit:
Subsection 36.9.1.1 If no one from the Bargaining Unit volunteers for the selection process, the Employer will conduct an outside civilian recruitment under the Support Staff Contract.
If a civilian is named to this position and subsequently separates from employment, the Firefighter and Company Officer Bargaining Unit shall have the first opportunity to fill the vacated position.
Subsection 36.9.1.2 The duration of this assignment is five (5) years.
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Page 91 of 155 ARTICLE 37 - MEDICAL EXPENSE REIMBURSEMENT PLAN (MERP) Section 37.1 The Employer agrees to pay 100% of the monthly premiums of a medical expense reimbursement plan for employees covered under this Agreement. The contribution rate to the MERP shall be $75 per month per employee. Subsection 37.1.1 The Employer agrees to contribute an additional $175 per employee per month to the MERP plan or the Employer sponsored HRA VEBA. It shall be the choice of the employee as to which plan the monies will be contributed to. All employees may choose either the MERP or HRA VEBA plan option annually during open enrollment (November/December). By default, contributions will be made to the employee’s MERP account unless the employee contacts Human Resources to request the extra $175 per month be contributed to their HRA VEBA. Section 37.2 All reporting requirements and responsibilities to the MERP shall be the sole responsibility of the Union and its members and not the Employer. The Union will defend against and hold the Employer harmless from any liability that may arise out of the MERP.
Section 37.3 The Employer and the Union agree that only $187.50 per month, per employee ($2,250 annually) out of the $250 per month, per employee referenced in Section 37.1 and Subsection 37.1.1, shall be used in any future TCC (Total Cost of Compensation) calculations, as the funds were partially derived from a reduction of sick leave accruals (a non-TCC item).
Firefighters and Company Officers CBA 2021-2024 – 56 Page 92 of 155 ARTICLE 38 – ALL HAZARD MOBILIZATIONS
Section 38.1 The Employer, through outside agreements, participates in All Hazard Mobilizations. Washington State Mobilization Plan, Department of Natural Resources, US Forest Service, and Federal EMAC (Emergency Management Assistance Compact) agreements outline Employer specific process for mobilizations. This Article outlines specific additional requirements. Employer and Union acknowledge, that requests for out of jurisdiction mobilizations, that do not originate from an on-duty response, are filled at the discretion of the employer and only with employees who voluntarily agree to participate. The Employer and Union acknowledge mobilization as valuable training and experience.
Section 38.2 On-Duty Immediate Need Incident Mobilizations
Subsection 38.2.1 Employees assigned by the Employer to an incident shall be compensated according to the terms of this Agreement. Said employees will be compensated portal to portal.
Subsection 38.2.2 If any employee is given the option to remain on the mobilization or return, and the employee elects to remain, for the remainder of the mobilization, the employee shall be compensated as set forth in Section 38.4.
Section 38.3 In the event the Employer is requested to participate at an incident where an ongoing mobilization is already in effect, employees who voluntarily agree to participate will be compensated as set forth in Section 38.4.
Section 38.4 – In State Mobilizations
Subsection 38.4.1 – 24-Hour Shift Employees Employees shall be compensated at their overtime rate for all hours worked outside of the Employee’s normal work schedule. Normal work hours will continue to be compensated as scheduled.
Subsection 38.4.2 – Day Shift Employees Day Shift Employees shall be compensated under one of the following three scenarios with Supervisor approval of deployment.
Day shift employees may elect to use vacation or comp-time while on mobilization.
If the sponsoring agency pays backfill coverage, the employer shall provide backfill for the deployed employee (day-shift overtime). Deployed employees shall be compensated at their overtime rate for all hours worked outside of the employee’s normal work schedule.
Firefighters and Company Officers CBA 2021-2024 – 57 Page 93 of 155 If the sponsoring agency pays backfill coverage and the employee is unable to be backfilled, then theemployee will be paid overtime for all work performed on non- duty days and for the number of hours they work after they have met their workday/week minimum hours worked requirement.
Payroll Example for an employee not being backfilled: Employee is normally scheduled to work Monday 0600-1600. While assigned to the wildland fire they are assigned to the fire 1200 to 2200, ten (10) hours of Regular Rate of Pay would be paid, and no overtime would be paid. If they had been assigned to the wildland fire from 1200 to 2400, ten (10) hours of Regular Rate of Pay and two (2) hours of overtime would be paid.
Subsection 38.4.3 In State mobilization compensation shall include all hours worked to include up to one (1) hour of muster time at the start of mobilization, a lunch period, and up to two (2) hours of rehab time upon returning from mobilization.
Subsection 38.4.4 Employees who have leave scheduled during mobilization may elect to have those hours credited to their bank of available hours.
Section 38.5 – Out of State Mobilizations
Subsection 38.5.1 Out of State mobilizations fall primarily under two categories: Washington Department of Natural Resources (DNR) or Federal EMAC request.
Subsection 38.5.2 Out of State DNR mobilizations shall be compensated as outlined in 38.4. This process is consistent with the DNR mobilization contract as the Employer would be working with Washington State DNR.
Subsection 38.5.3 Out of State EMAC mobilizations shall be compensated in congruence with the state requesting mobilization. If the contract with the state requesting mobilization pays firefighters portal to portal, the Employer shall compensate portal to portal. If the contract with the state requesting mobilization pays firefighters for hours of work, the Employer shall follow Section 38.4.
Subsection 38.5.4 – Day Shift Employees Day Shift Employees shall be compensated under one of the following three scenarios with Supervisor approval of deployment.
Day shift employees may elect to use vacation or comp-time while on mobilization.
Firefighters and Company Officers CBA 2021-2024 – 58 Page 94 of 155 If the sponsoring agency pays backfill coverage, the employer shall provide backfill for the deployed employee (day-shift overtime). Employees shall be compensated at their overtime rate for all hours worked outside of the employee’s normal work schedule. If the sponsoring agency pays backfill coverage and the employee is unable to be backfilled, then theemployee will be paid overtime for all work performed on non- duty days and for the number of hours they work after they have met their workday/week minimum hours worked requirement.
Payroll Example for an employee not being backfilled: Employee is normally scheduled to work Monday 0600-1600. While assigned to the wildland fire they are assigned to the fire 1200 to 2200, ten (10) hours of Regular Rate of Pay would be paid, and no overtime would be paid. If they had been assigned to the wildland fire from 1200 to 2400, ten (10) hours of Regular Rate of Pay and two (2) hours of overtime would be paid.
Section 38.6 – All Hazards Training
Subsection 38.6.1 The Employer supports All Hazard technical training through normal training department processes.
Firefighters and Company Officers CBA 2021-2024 – 59 Page 95 of 155 ARTICLE 39 - SUBSTANCE ABUSE POLICY Section 39.1 - Overview The Employer and the Union recognize substance abuse by employees is a threat to the public welfare and the safety of department personnel. It is the goal of this policy to eliminate, prevent or correct substance abuse through education and rehabilitation of the affected personnel. The use of alcohol or unauthorized drugs shall not be permitted at the Employer's work sites and/or while an employee is on duty, nor shall an employee report for duty or be allowed to remain on duty under the influence of alcohol, or drug(s) that impairs their ability to safely perform their duties.
While the Employer wishes to assist employees with alcohol or substance abuse problems, safety is the Employer's first priority. Therefore, employees must not report for work or continue working if they are under the influence of, or impaired by, the prohibited substances listed in Sections 39.5 and 39.6 of this article. Employees participating in treatment programs are expected to observe all job performance standards and work rules.
Nothing in this Substance Abuse Article shall be intended to alter the Employers right to discipline or discharge employees for violations of Employer policy, either related or unrelated to drug and/or alcohol use. Section 39.2 - Informing Employees About Drug and Alcohol Testing All employees shall be fully informed of this substance abuse testing article. Employees will be provided with information concerning the impact of the use of alcohol and drugs on job performance. In addition, the Employer shall inform the employees on how the tests are conducted, what the tests can determine and the consequence of testing positive for drug or alcohol use. No employee shall be tested before this information is provided to him/her. Employees who voluntarily come forward and ask for assistance to deal with a drug or alcohol problem prior to any incident involving serious injury or significant property damage shall not be disciplined by the Employer for substance abuse.
The Employer encourages employees to seek treatment for drug and alcohol abuse voluntarily. To encourage employees to do so, the Employer makes available the Employee Assistance Program (EAP). Any employee who notifies the Employer of alcohol or substance abuse problems will be given the assistance offered to employees with any other illness. As with other illnesses, the Employer may grant sick leave, vacation leave or leaves of absence without pay for treatment and rehabilitation of drug and alcohol abuse.
Any decision to voluntarily seek help through the EAP, or privately, will not interfere with an employee's continued employment or eligibility for promotional opportunities. Information regarding an employee's participation in the (EAP) will be maintained in confidence. Section 39.3 – Employee Testing The Employer shall inform employees of their Garrity rights immediately upon: establishing reasonable suspicion, and/or post incident/accident, and/or the decision to conduct testing. The Employer’s investigator/supervisor shall be required to sign the Garrity Rights Statement (appendix C) prior to any
Firefighters and Company Officers CBA 2021-2024 – 60 Page 96 of 155 investigatory interview with the Employee(s). The Garrity Rights Statement includes an order “to fully cooperate with the investigating official(s)” and therefore, until such time as the investigator/supervisor signs and submits the statement to the Employee, no order exists, and the Employee has no obligation to cooperate. The Employer’s violation of the requirements of this paragraph shall not be an independent basis to overturn discipline. Because, in these circumstances, an Employee may be of diminished consciousness and/or capacities, the Union shall always be notified by the Employer and the Union shall always make a representative available. Subsection 39.3.1 – Reasonable Suspicion Testing Unless otherwise required by federal law, employees shall not be subject to random urine testing or blood testing or other similar or related tests for the purpose of discovering possible drug or alcohol abuse, except under the terms of a second chance agreement. If the Employer has reasonable suspicion to believe an employee's work performance is impaired due to drug or alcohol use, the Employer may require the employee to undergo a drug and/or alcohol test consistent with the conditions set forth in this article.
Reasonable suspicion for the purposes of this article is defined as follows: the Employer's determination that reasonable suspicion exists shall be based on specific, articulated observations concerning the appearance, behavior, speech or body odors of an employee and shall include, as a minimum, a written report documenting objective, measurable changes in an employee's work performance due to unauthorized drug or alcohol use by two (2) observers who have opportunity to observe these changes.
Subsection 39.3.2 – Incident/Accident Testing Subsection 39.3.2.1 Employees may be required to undergo urine, breath, saliva, and blood testing if they are a driver involved in a motor vehicle accident (MVA) with an Employer vehicle that results in a fatality or bodily injuries requiring transport for medical treatment. Subsection 39.3.2.2 Following an MVA, the driver shall be tested as soon as possible, but not to exceed eight (8) hours from the time of the accident. Subsection 39.3.2.3 Nothing in this section shall be construed to require the delay of necessary medical attention for an injured employee following an MVA.
Section 39.4 – Sample Collection The collection and testing of samples shall be performed only by a laboratory and interpreted by a physician or health care professional qualified and authorized to administer and determine the meaning of any test results. The laboratory performing the test shall be one that is certified by the National Institute of Drug Abuse (NIDA). The local laboratory chosen must be agreed to by the Union and the Employer. The results of employee tests shall be made available to the Medical Review Officer (MRO).
Firefighters and Company Officers CBA 2021-2024 – 61 Page 97 of 155 Collection of blood, saliva, or urine samples shall be conducted in a manner which provides for the highest, reasonable degree of security for the sample and freedom from adulteration. Blood or urine samples shall be submitted as per NIDA standards including the recognized chain of custody procedures. Employees have the right to request Union and/or legal representation to be present during the submission of the sample. However, unless the employee's Weingarten rights (NLRB vs. Weingarten, Inc. 420 U.S. 251, 88 LRRM 2689) should require otherwise, the submission of the sample may be required with or without a Union and/or legal representative being present. Employees shall not be witnessed while submitting a urine specimen. Prior to submitting to a urine, saliva, or blood sample, the employee will be required to sign a consent and release form as attached to this article (Appendix D).
A split sample shall be reserved in all cases for an independent analysis in the event of a positive test result. All samples must be stored in a scientifically acceptable preserved manner as established by NIDA approved facility. All positive confirmed samples and related paperwork must be retained by the laboratory for at least six (6) months or for the duration of any grievance, disciplinary action, or legal proceedings, whichever is longer. At the conclusion of this period, the laboratory's paperwork and specimen shall be destroyed. Tests shall be conducted in a manner to ensure an employee's legal drug use and diet does not affect the test result.
Section 39.5 – Drug Testing The laboratory shall test for only the substances and within the limits as follows for the initial and confirmatory test as provided within NIDA standards. The initial test shall use an immunoassay test procedure, which meets the requirements of the Food and Drug Administration (FDA) for commercial distribution. The following initial cutoff levels shall be used when screening specimens to determine whether they are negative for these five drugs or classes of drugs:
INITIAL TESTING:
Cocaine metabolites 300 ng/ml
Opiate metabolites1 300 ng/ml
Phencyclidine 25 ng/ml
Amphetamines 1,000 ng/ml
(1) If immunoassay is specific for free morphine, the initial test level is 25 ng/ml. If initial test results are negative, testing shall be discontinued, all samples destroyed and records of the testing expunged from the employee's files. Only specimens identified as positive on the initial test shall be confirmed using gas chromatography/mass spectrometry (GC/MS) techniques at the following listed cutoff values.
CONFIRMATORY TESTING:
Cocaine metabolites2 150 ng/ml
Firefighters and Company Officers CBA 2021-2024 – 62 Page 98 of 155 Opiate metabolites
Morphine 300 ng/ml
Codeine 300 ng/ml
Phencyclidine 25 ng/ml
Amphetamines
Amphetamine 500 ng/ml
Methamphetamine 500 ng/ml
(2) Benzoylecgonine
If confirmatory testing results are negative, all samples shall be destroyed and records of the testing expunged from the employee's files.
Drug testing and results gathered under this article shall not be turned over to any party in a criminal investigation or prosecution, except by subpoena. Section 39.6 – Alcohol Testing A breathalyzer or similar equipment shall be used to screen for alcohol use, and if positive, shall be confirmed by a blood alcohol test performed by a qualified laboratory. This screening test shall be performed by an individual properly qualified to perform the tests utilizing appropriate equipment. An initial positive alcohol level shall be 0.04 grams per 210 L. of breath. If initial testing results are negative, testing shall be discontinued, all samples destroyed and records of the testing expunged from the employee's files. Only specimens identified as positive on the initial test shall be confirmed using a blood alcohol level. Sample handling procedures, as detailed in Section 39.4, shall apply. A positive blood alcohol level shall be 0.04 grams per 100 ml of blood. If confirmatory testing results are negative, all samples shall be destroyed and records of the testing expunged from the employee's files. Section 39.7 – Marijuana Testing In the State of Washington, marijuana is legal under state law, both as a prescription medication and as a drug used for recreational purposes.
Employees shall not be under the psychoactive effects of marijuana causing motor impairment while on duty. Marijuana metabolites can stay in a person's blood for weeks after the psychoactive effects of the drug have completely subsided. In addition, certain topical medications containing marijuana, do not cause any psychoactive effects, but can still result in a positive test for marijuana.
A saliva test shall be used to screen for the psychoactive effects of marijuana use, and if positive, shall be confirmed by a blood test performed by a qualified laboratory. This screening test shall be performed by an individual properly qualified to perform the tests utilizing appropriate equipment. An initial positive level shall be 5 nano grams per milliliter of Delta-9-tetrahydrocannabinol. If initial testing
Firefighters and Company Officers CBA 2021-2024 – 63 Page 99 of 155 results are negative, testing shall be discontinued, all samples destroyed and records of the testing expunged from the employee's files. Only specimens identified as positive on the initial test shall be confirmed using a blood test.
Sample handling procedures, as detailed in Section 39.4, shall apply. A confirmatory test shall also test for the psychoactive effects of marijuana usage. A positive blood level shall be 5 nano grams per milliliter of Delta-9- tetrahydrocannabinol. If confirmatory testing results are negative, all samples shall be destroyed and records of the testing expunged from the employee's files.
If the employee tests positive for marijuana, the MRO will make a determination, based on current scientific data and other evidence, if the marijuana more than likely caused the behavior or impairment that resulted in the administration of the drug or alcohol test.
If the MRO determines marijuana was not the likely cause of the behavior or impairment that resulted in the administration of the drug or alcohol test, the MRO will not release any results of the marijuana portion of the drug test to the Employer. Section 39.8 – Medical Review Officer The MRO shall be chosen and agreed upon between the Union and the Employer and must be a licensed physician with a knowledge of substance abuse disorders. The MRO shall be familiar with the characteristics of tests (sensitivity, specificity, and predictive value), the laboratories conducting the tests and the medical conditions and work exposures of the employees.
The role of the MRO will be to review and interpret the positive test results. The MRO must examine alternative medical explanations for any positive test results. This action shall include conducting a medical review with the affected employee, review of the employee's medical history and review of any other relevant biomedical factors. The MRO must review all relevant medical records made available by the tested employee when a confirmed positive test result could have resulted from legally prescribed medication. Section 39.9 – Laboratory Results The laboratory will advise only the employee and the MRO of any positive results. The results of any positive drug or alcohol test can only be released to the Employer by the MRO once the MRO has finished review and analysis of the laboratory's test. Unless otherwise required by law, the Employer will keep the results confidential and shall not release them to the general public. Section 39.10 – Testing Program Costs The Employer shall pay for all costs involving drug and alcohol testing as well as the expenses associated with the MRO. The Employer shall also reimburse each employee for their time and expenses including travel incurred involving the testing procedure only.
Section 39.11 – Rehabilitation Program Any employee who tests positive for a substance listed in Sections 39.5 and 39.6 of this Article shall be medically evaluated, counseled, and treated for rehabilitation as recommended by the Substance Abuse Professional (SAP). In the event the employee disagrees with the treatment recommended by the SAP, the employee may choose to obtain a second opinion from a qualified physician of his/her choice, at
Firefighters and Company Officers CBA 2021-2024 – 64 Page 100 of 155 their own expense. Employees who complete a rehabilitation program may be re-tested randomly, without notice, for one (1) year following completion of a rehabilitation program.
An employee may voluntarily enter rehabilitation without a requirement or prior testing. Employees who enter the program on their own prior to any to any incident involving serious injury or significant property damage shall not be subject by the Employer to random re-testing. Employees will be allowed to use their accrued and earned leave for the necessary time off involved in the rehabilitation program.
If an employee tests positive during the one (1) year period following completion of rehabilitation, the employee will be re-evaluated by an SAP to determine if the employee requires additional counseling and/or treatment. The employee will be solely responsible for any costs, not covered by medical benefits/insurance, which arise from this additional counseling or treatment.
Nothing in this Substance Abuse Article shall be intended to alter the Employer's right to discipline or discharge employees for violations of Employer policy, either related or unrelated to drug and/or alcohol use. Section 39.12 – Duty Assignment After Treatment If the duty assignment for an employee is modified or changed as a result of a rehabilitation program, then after an employee successfully completes his/her rehabilitation program, the employee shall be returned to the regular duty assignment held prior to the rehabilitation program. Once treatment (including any second-chance agreement) and follow-up care is completed, and one (1) year has passed with no further violations of this article, the employee's records related to drug and alcohol testing shall not be used to deny promotion opportunity or take disciplinary actions against such employee.
All records related to drug and alcohol testing (including rehabilitation) shall be maintained in medical file in a secure location with controlled access. These records shall be kept separate from records pertaining to Section 39.11 Duty Assignment after treatment for the protection of the individual employee and the Employer. Section 39.13 – Right of Appeal The employee has the right to challenge the result of the drug or alcohol test and any discipline imposed in the same manner that the employee may grieve any other Employer action. Section 39.14 – Savings Clause The Employer and Union have agreed upon this Article in good faith and with the understanding its provisions are consistent with applicable law. In the event any of the provisions of this Article are determined to be illegal by a court of competent jurisdiction or inconsistent with applicable law, the remainder of this Article shall remain in effect and the parties shall meet to negotiate a replacement provision. The Union shall be held harmless for the violation of any worker rights arising from the administration of the drug and alcohol testing program as set forth herein or the Employer's Substance Abuse Policy, which shall apply uniformly to bargaining unit members; provided, if there are any conflicts between the provisions of this Article and the Employer's Policy, this Article shall govern.
Firefighters and Company Officers CBA 2021-2024 – 65 Page 101 of 155 ARTICLE 40 – SUCCESSOR AGREEMENTS
Section 40.1 This Agreement shall be binding upon the successors and assigns of the parties hereto, and no provisions, terms, or obligations herein shall be affected, modified, altered or changed in any respect whatsoever by the consolidation, merger, annexation, change in legal entity, transfer or assignment of either party hereto. In the event the Employer sells, transfers, leases or assigns the operations covered by this Agreement to any other entity, including but not limited to by assigning these operations to Eastside Fire & Rescue, a nonprofit corporation created pursuant to the Washington Interlocal Cooperation Act, RCW 39.34 the Employer shall, as a condition of such sale, transfer, lease, or assignment, a) require that the purchaser, transferee, lessee, or assignee adopt and agree to be bound by this Agreement, without change in any of the Agreement's terms and obligations, and b) require that the purchaser do so through a contractually binding written instrument that designates IAFF 2878 as an intended third-party beneficiary of that commitment.
Firefighters and Company Officers CBA 2021-2024 – 66 Page 102 of 155 ARTICLE 41 – SPECIALTY ASSIGNMENTS
Section 41.1 The Union and the Employer agree that the Employer has a vested interest in serving Eastside Fire & Rescue with Specialty teams and that members of these teams obtain specialized skills to work in high risk situations to serve the community. These specialty teams shall be compensated Specialty Pay at a percentage of 1st Class Firefighter Rate of Pay. Additionally, the parties agree that there shall be no impacts to the Employee who is on a team, including but not limited to: No vacation restrictions. No minimum staffing levels for specialty skills. No shift trade restrictions. The Employer shall not vary from current shift trade approval practices or cancel approved shift trades, provided the trade does not cause or result in overtime at the time of entry. An employee commitment to the Employer identified specialty stations shall match the term of the contract. Seniority Bid remains the selection process.
Section 41.2 Starting January 1, 2022, monthly Specialty Pay for employees who select Technical Rescue Technician (TRT) stations shall be 2% of 1st Class Firefighter Rate of Pay. Technicians shall be entitled to Specialty Pay upon obtaining their rope certification. In quarter one of 2022, if rope classes are not available within Zone 1 or 3, the Employer shall provide an internal rope rescue class. The expectation of labor and management shall be that all technicians achieve certifications assigned to their specialty stations within 18 months.
Subsection 41.2.1 A minimum of three (3) TRT technical stations shall be designated by the Employer effective January 1, 2022. The Union and Employer agree to the following disciplines assigned to TRT stations. The Employer reserves the right to modify the locations and/or disciplines based on the operational needs in order to provide the best service / response possible to the community. Effective January 1, 2022, the TRT stations and associated disciplines shall be: Station 71 – Rope, Trench, Confined Space, RS1 Station 87 – Rope, Trench, Confined Space, RS1, Swift Water Station 85 – Rope, Swift Water
Subsection 41.2.2 A TRT Team Leader shall be assigned by the Deputy Chief of Operations no later than January 1, 2022.
Section 41.3 Starting January 1, 2022, monthly Specialty pay for certified Hazardous Materials (HAZMAT) Technicians who select the designated HAZMAT technical station shall be 2% of 1st Class Firefighter Rate of Pay. Technicians shall be paid upon obtaining their HAZMAT Technician certification. The expectation of labor and management will be that all technicians shall achieve certifications assigned to
Firefighters and Company Officers CBA 2021-2024 – 67 Page 103 of 155 their specialty stations within 18 months.
Subsection 41.3.1 A minimum of one HAZMAT technical station shall be designated by the Employer effective January 1, 2022. The Employer reserves the right to modify the location based on the operational needs in order to provide the best service / response possible to the community. Effective January 1, 2022, the designated HAZMAT technical station shall be: Station 73 – HAZMAT Technician
Subsection 41.3.2 A Hazardous Materials Technician – Team Leader shall be assigned by the Deputy Chief of Operations no later than January 1, 2022.
Section 41.4 The Employer agrees to provide the opportunity to attend the following training requirement in Subsection 41.4.1 upon, or within 18 months of, an employee’s permanent selection of a specialty station.
Subsection 41.4.1 TRT: NFPA 1006, Zone 1 & 3 Job Performance Requirements HazMat: Hazardous Materials Technician Training Course (ERTI or equivalent)
Firefighters and Company Officers CBA 2021-2024 – 68 Page 104 of 155 ARTICLE 42 – DRIVER / OPERATOR POSITIONS
Section 42.1 The Union and the Employer agree that beginning January 1, 2022, the Firefighter #1 position at all stations (currently excluding Station 81), across all four shifts shall be designated Engineer positions (currently creating a total of thirty-two (32) Engineer positions). Engineer is a promoted position and Engineers will be paid 105% of 1st Class Firefighter Rate of Pay in accordance with Appendix A. These promotions shall initially be filled by seniority without the need for testing. The first thirty-two (32) personnel that accept the promotion shall be promoted to Engineer effective January 1, 2022 and shall not be demoted absent just cause. All subsequent Engineer vacancies shall be filled in ranked order based on highest test score from the Engineer promotional list. In the case of identical scoring, seniority shall control.
Subsubsection 42.1.1 Beginning in the first half of 2022, a promotional list shall be established and maintained continuously and shall be valid for two (2) years. The Union and Employer shall agree on the specifics of the testing process which shall include no less than three elements, which shall include an over the road, pumping practical, and a written exam. A combined final score of 70% or higher shall be considered a passing score. Engineers promoted on January 1, 2022 shall participate in a validation process of the agreed promotional process within the first half of 2022.
Subsubsection 42.1.2 Firefighters that have successfully completed the JATC Driver/ Operator objectives shall be eligible to fill the role of Acting Engineer and shall be paid in accordance with Article 7, Subsection 7.1.1 when acting. All current 1st class Firefighters are “legacied” and considered eligible Acting Engineers.
Section 42.2 The Union and the Employer agree that: • Promoted Engineers with a TDA certification shall be paid 107% of first class firefighter wages. • Acting Engineers with a TDA certification shall be paid in accordance with Article 7, subsection 7.1.1. • Certified TDA Tiller Operators shall be paid their wage plus 2% of 1st Class Firefighter Rate of Pay.
Subsubsection 42.2.1 Firefighters and Engineers must be assigned to the station that houses the Tractor Drawn Aerial and hold a TDA certification in order to receive the 2% TDA Tiller Operator Specialty Pay.
Section 42.3 The Union and the Employer agree that: • All assigned employees at Station 85 shall be trained as Boat Operators.
Firefighters and Company Officers CBA 2021-2024 – 69 Page 105 of 155 Subsubsection 42.3.1 Beginning in the first half of the year 2022, all personnel assigned to Station 85 shall obtain their Washington State Boat Operator License and complete the Employer-approved boat operator objectives.
Firefighters and Company Officers CBA 2021-2024 – 70 Page 106 of 155 ARTICLE 43 – DURATION AND COMPLETE AGREEMENT
Section 43.1 This Agreement and all of the terms and conditions herein, except as otherwise indicated, shall become effective January 1, 2021, and shall remain in full force and in effect through December 31, 2024 All rights and duties of both parties are specifically expressed in this Agreement and such expressions are all inclusive. This Agreement constitutes the entire agreement between the parties and concludes collective bargaining for its term, subject only to the desire by both parties to mutually agree to amend or supplement at any time, and except for negotiations over successor collective bargaining agreements.
Approved on this ____ day of ______, 2021, by the Eastside Fire & Rescue Board of Directors.
Alan Gothelf, Board Chair
______
Stacy Goodman, Board Vice-Chair
______
Chris Reh, Director
______
Matt Talbot, Director
______
Chris Ross, Director
______
Karen Moran, Director
______
Gloria Hatcher-Mays, Director
______
Alan Martin, Director
______
Firefighters and Company Officers CBA 2021-2024 – 71 Page 107 of 155 Approved on this ____ day of ______, 2021, by the Representatives of International Association of Firefighters Local 2878.
Dean deAlteriis, President, IAFF Local 2878
______
Steve Oltman, Vice President, IAFF Local 2878
______
Firefighters and Company Officers CBA 2021-2024 – 72 Page 108 of 155 APPENDIX A - SALARY AND WAGES
LEOFF PERSONNEL Section A. 1 Effective January 1, 2021, Base Monthly Rates shall be as follows, except that the Engineer Classification shall be effective January 1, 2022:
% of Firefighter – CLASSIFICATION 2021 1st Class Captain $ 10,336.64 124% Lieutenant $ 9,503.04 114% Engineer $ 8,752.80 105%
1st Class FF $ 8,336.00 100% 2nd Class FF $ 7,502.40 90% 3rd Class FF $ 6,668.80 80% 4th Class FF $ 5,835.20 70%
Section A. 2 Captain – Base Monthly Rate will be 124% of 1st Class FF Lieutenant – Base Monthly Rate will be 114% of 1st Class FF Engineer – Base Monthly Rate will be 105% of 1st Class FF (beginning January 1, 2022) 1st Class FF – Base Monthly Rate will be $8,336.00 per month for 2021 2nd Class FF – Base Monthly Rate will be 90% of 1st Class FF 3nd Class FF – Base Monthly Rate will be 80% of 1st Class FF 4nd Class FF – Base Monthly Rate will be 70% of 1st Class FF
Section A. 3 Effective January 1, 2022, Base Monthly Rates shall be increased by the preceding Seattle-Tacoma- Bellevue June CPI-W (as published by the U.S. Department of Labor, Bureau of Labor Statistics).
Effective January 1, 2023, Base Monthly Rates shall be increased by the preceding Seattle-Tacoma- Bellevue June CPI-W (as published by the U.S. Department of Labor, Bureau of Labor Statistics).
Effective January 1, 2024, Base Monthly Rates shall be increased by the preceding Seattle-Tacoma- Bellevue June CPI-W (as published by the U.S. Department of Labor, Bureau of Labor Statistics).
In 2022, 2023, and 2024, if the preceding Seattle-Tacoma-Bellevue June CPI-W (as published by the
Firefighters and Company Officers CBA 2021-2024 – 73 Page 109 of 155 U.S. Department of Labor, Bureau of Labor Statistics) is less than 0%, the CPI-W shall not apply in that year. Section A. 4 Day-Shift Differential: Line suppression employees re-assigned to an Administrative Day Shift position shall be paid 5% above their Base Hourly Rate of Pay while assigned to day shift.
Specialty Pay: Specialty pay shall be granted to certain Employees in accordance with the schedule below. The following percentage of 1st Class Firefighter Rate of Pay shall be applied to the Employee’s Base Monthly Rate:
Hazardous Materials Technician 2% of 1st Class Firefighter Rate of Pay Technical Rescue Technician 2% of 1st Class Firefighter Rate of Pay Tractor Drawn Aerial (TDA) 2% of 1st Class Firefighter Rate of Pay
Firefighters and Company Officers CBA 2021-2024 – 74 Page 110 of 155 APPENDIX B - BARGAINING UNIT ROSTER
Bargaining Unit Roster Maintained by IAFF Local 2878 (for purposes of Article 11 - Longevity Pay)
Any additions, deletions, or modifications of the Roster utilized for longevity pay shall not be in effect unless mutually agreed upon by the parties.
Firefighters and Company Officers CBA 2021-2024 – 75 Page 111 of 155 APPENDIX C – GARRITY RIGHTS STATEMENT
Garrity Rights protect public employees from being compelled to incriminate themselves during investigatory interviews conducted by their employers. This protection stems from the Fifth Amendment to the United States Constitution, which declares that the government cannot compel a person to be a witness against themselves.
STATEMENT OF RIGHTS (Garrity Statement)
You are hereby ordered to fully cooperate with the investigating official(s). Your failure to cooperate will create an objective and subjective fear of discipline (up to and including termination). You have the following rights and responsibilities during this investigation:
1. You have the right to be informed of the allegations involved.
2. You will be asked questions specifically directed and narrowly related to the performance of your official duties.
3. Statements made during any interviews may be used as evidence of misconduct or as the basis for seeking disciplinary action against you (up to and including termination).
4. Any statements made by you during these interviews cannot be used against you in any subsequent criminal proceeding, nor can the fruits of any of your statements be used against you in any subsequent criminal proceeding.
5. If you so request, a person of your choice may be present to serve as a witness (in addition to your rights to Union and/or legal representation) during the interviews.
6. If you refuse to answer questions relating to the performance of your official duties, you will be subject to discipline (up to and including termination).
ACKNOWLEDGEMENT: I have read and understand the above notification.
Employee’s Signature: ______Date: ______Time: ______
Investigator’s Signature: ______Date: ______Time: ______
Investigator’s Signature: ______Date: ______Time: ______
Employee’s Witness’s Signature: ______Date: ______Time: ______
Firefighters and Company Officers CBA 2021-2024 – 76 Page 112 of 155 APPENDIX D – CONSENT FOR SAMPLING AND RELEASE OF INFORMATION FORM
Consent for Sampling and Release of Information Form
CONSENT/RELEASE
Subject to my rights under Article 39 of the Collective Bargaining Agreement between Local 2878 of the IAFF and the Employer, I consent to the collection of a urine/blood/saliva sample by ______and its analysis by ______for those drugs specified in the Collective Bargaining Agreement.
The laboratory administering the tests will be allowed to release the results to the Employer only after the laboratory's results have been reviewed and interpreted by the Medical Review Officer (MRO). The information provided to the Employer shall be only whether the tests were confirmed positive or were negative and not any other results of the test without my written consent. The laboratory is not authorized to release the results of this test to any other person without my written consent.
I understand I have the right to my complete test results and the laboratory will preserve the sample for at least six (6) months. I have the right to have this sample split and a portion tested at a second laboratory of my choice at my expense in the event the test results are confirmed positive.
I understand the Employer is requiring me to submit to this test as a condition of my employment and alteration of the sample or failure to reasonably cooperate with the collection of a urine/blood/saliva sample will result in disciplinary action by the Employer.
I understand a confirmed positive test may result in a requirement that I enter into a second chance agreement that includes a requirement I undergo rehabilitation.
By signing this consent form, I am not waiving any of my rights under any federal, state or local law, statute, constitution, ordinance, administrative rule or regulation or common law provision. I understand I have the right to challenge any confirmed positive test result and any Employer action based thereon by filing a grievance under the Collective Bargaining Agreement.
Employee Name: ______Emp. # ______
Date: ______Employee Signature: ______Witness Name: ______Emp. # ______Date: ______Witness Signature: ______
Firefighters and Company Officers CBA 2021-2024 – 77 Page 113 of 155 I understand I have the right to request Union representation and my choice is:
I choose to request Union representation ______Signature: ______
I choose not to request Union representation _____ Signature: ______
Firefighters and Company Officers CBA 2021-2024 – 78 Page 114 of 155 APPENDIX E - DEFINITIONS
Base Monthly Rate: The Rate of Pay listed in Appendix A for each classification.
Base Hourly Rate of Pay: The Base Monthly Rate multiplied by twelve (12), then divided by the total hours worked annually (2465 for shift employees and 2080 for employees working a 40-hour work week).
1st Class Firefighter Rate of Pay: The Base Monthly Rate listed for the 1st Class Firefighter classification in Appendix A, from which all other rates of pay are established.
Regular Rate of Pay: The FLSA regular rate of pay, to include all remuneration for employment (e.g., Longevity Pay, Education Incentive, Specialty Pay, etc.).
Overtime Rate of Pay: One and one-half times the employee’s Regular Rate of Pay.
Duty Related Disability (On Duty Injury/Illness): When an employee is injured, exposed to a hazardous material, and/or occupational disease while on the job; resulting in a loss of time and/or medical cost, and the loss of time and medical costs are accepted by or paid by the Washington State Department of Labor & Industries (L&I).
Non-duty Injury/Illness: An illness, injury, and/or disease incurred while off duty.
Time-loss: An on-duty or off-duty injury or illness which prevents the employee from returning to any work for which the employee is qualified; the employee is “off work” due to an on-duty or off-duty injury or illness and continues to receive medical attention.
Attending Physician(s): The Employee's physician responsible for the care of the employee, who has the final responsibility, legally and otherwise, for the employee’s care.
Nexus: A logical connection to the Employer that (1) harms the Employer’s business, (2) adversely affects the Employee’s ability to perform his or her job, (3) leads other employees to refuse to work with the employee.
Garrity Rights: Protection against self-incrimination of a criminal offense during an investigation or discipline process.
Firefighters and Company Officers CBA 2021-2024 – 79 Page 115 of 155 If the employee invokes the Garrity rule (i.e., Garrity warning), any statements made after invoking Garrity may only be used for Employer investigation purposes and not for criminal prosecution purposes.
Firefighters and Company Officers CBA 2021-2024 – 80 Page 116 of 155 Eastside Fire & Rescue Board of Directors AGENDA BILL 2021-25 July 8, 2021
SUBJECT: Revised EF&R Board Administrative Policy 0004, Minimum Staffing
SUMMARY STATEMENT: Based on the implementation of an Engineer position and clean up language on Aid Car operations, modifications are required of the EF&R Board of Directors Administrative Policy 0004, Minimum Staffing.
The Aid car related changes will take effect immediately and the Engineer positions related changes will become applicable once Engineers are fully implemented.
Expenditure Required: $ Amount Budgeted: $
Fund Utilized:
RECOMMENDED MOTION: Move to recommend the revised EF&R Board Administrative Policy 0004, Minimum Staffing as presented.
ALTERNATIVE(S): Recommend revisions. EXHIBITS: 1. Revised EF&R Board Administrative Policy 0004, Minimum Staffing
Originator: JC Administrative Review: 06/30/21
Action: Date: 07/08/21 Motion By: 2nd: Board Secretary:
Page 117 of 155 EF&R BOARD OF DIRECTORS ADMINISTRATIVE POLICY
SUBJECT: Minimum Staffing Policy Policy Number: 0004 Approved By: EF&R Board of Directors Effective Date: 7/8/2021 Agenda Bill: 2016-39, 2018-29, 2019-37, 2021-25 Pages: 3 Attachments: 0
1 Purpose 1.1 To provide guidelines for the provision of minimum staffing levels.
1.2 To establish a consistent process regarding the order of callback in order to fill to desired staffing levels.
2 Reference
3 Responsibility 3.1 The Board of Directors establishes the minimum staffing level.
3.2 All employees shall be familiar with and adhere to this policy.
4 Policy 4.1 Stations shall be staffed in accordance with Fire Chief direction.
5 Procedures/Guidelines 5.1 All career fire stations shall have a minimum of one dedicated-staffed engine or ladder company assigned, with the following exception: effective January 1, 2019, Station 81 will be covered by an Aid Car staffed with one (1) Company Officer and one (1)2 firefighters. (assigned to Station 83 and regularly posted at Station 81) from 0830-2030 365 days a year.(until such time as the new Fire Station 71 opens).
5.2 An officer, an engineer and two one (1) firefighters constitute minimum staffing, twenty-four hours a day and seven days a week, for an engine or ladder company (currently housed at stations: 71, 72, 73, 78, 82, 83, 85, and 87).
5.3 Minimum staffing for a dedicated Aid Car is two (2) firefighters (currently housed at: 71(24hrs), 83 (12hrs)). a. Any Aid Car that is “posted” for 24-hours away from a supervising station will have one (1) Firefighter and one (1) Lieutenant (or Actor) assigned. All overtime opportunities for the Lieutenant position will be filled by a Company Officer.
Page 118 of 155 Any Aid Car that is “posted” for 23 hours or less from a supervising station will have two (2) firefighters assigned, receiving supervision from its station supervisor.
b. Special Events: Any Aid Car that is staffed up for a special event shall also be staffed with two (2) firefighters. Exception: Any special event that does not otherwise have an EF&R supervisor assigned, and requires the staffing of an Aid Car, shall have one position on the Aid Car staffed with an officer.
5.4 Two Battalion Chief (BC) (or other officer acting as the BC) shall be on- duty at all times (two BC’s shall be assigned daily, with one (“hard bar”) being constant staffed).
5.5 At least five (not including the BC) commissioned Company Officers shall be on-duty at all times.
5.6 Whenever there is greater than minimum staffing, without incurring overtime, the following staffing plan is implemented: +1 Increase staffing at station 71 +2 Add Staffed Aid Car at Station 87 +3 Increase Staffing at Station 71 Add Staffed Aid Car at Station 87 +4 Add Staffed Aid Car at Station 87 Add Staffed Aid Car at Station 83 +5 Increase Staffing at Station 71 Add Staffed Aid Car at Station 87 Add Staffed Aid Car at Station 83 5.6.1 This plan may be altered at the direction of the Fire Chief or designee.
5.7 Floaters, debit firefighters, debit engineers and debit company officers shall be used first as replacement to maintain minimum staffing.
5.7.1 Company Officers on debit may be used as a firefighter. 5.7.1.1 The regularly assigned company officer on shift shall remain in charge.
5.7.1.2 Company Officers on debit will not fill the driver position. unless he/she has successfully completed the most recent driver/operator training.
5.8 The Fire Chief’s top service priority is to maintain minimum staffing levels. The Fire Chief shall maintain minimum staffing levels utilizing financial resources outlined in Board Policy 002.
Page 119 of 155 5.9 The Deputy Chief of Operations is responsible for coordinating the management of personnel to maintain minimum staffing levels.
5.10 When staffing is above minimum, vacancies shall be filled first (if possible) through the upgrade/movement process.
5.11 When staffing falls below minimum, vacancies shall be filled as follows: 5.11.1 Greater than 14 days
5.11.2 Battalion Chief 1. BC on debit day a. Acting BC (qualified to work where the vacancy occurred) 2. Backfill Overtime BC 3. Backfill Overtime Captain (qualified Acting BC)
5.11.3 Company Officer 1. Company Officer on debit day 2. Acting Officer (qualified to work where the vacancy occurred) 3. Backfill Overtime Company Officer
5.11.4 Engineer 1. Engineer on a debit day 2. Acting Engineer (qualified to work where the vacancy occurred) 3. Backfill Overtime Engineer or acting Engineer
5.11.45 Firefighter 1. Firefighter on debit day 2. Company Officer on debit day 3. Backfill Overtime Firefighter
5.11.56 14 days or less (No Downgrades)
5.11.67 Battalion Chief 1. BC on debit day 2. Backfill Overtime BC 3. Backfill Overtime Captain (qualified Acting BC)
5.11.78 Company Officer 1. Company officer on debit day 2. Backfill Overtime Company Officer
5.11.9 Engineer 1. Engineer on a debit day
Page 120 of 155 2. Backfill Overtime Engineer or acting Engineer
5.11.810 Firefighter 1. Firefighter on debit day 2. Backfill Overtime firefighter
5.12 Mandatory callback is instituted when voluntary means to return to work have not produced required staffing levels.
5.12.1 The officer or designee conducting the callback for firefighters, engineer, or/ officers is operating under the direction of the Deputy Chief of Operations or designee and is authorized to assign a mandatory shift.
5.12.2 The employee assigned a mandatory shift is obligated to report for duty as soon as possible, but shall report within two hours from the time of notification, or secure a substitute to fill the assignment who shall report for duty as soon as possible but within two hours from the original mandatory notification. (The BC shall hold over an employee to bridge the gap while waiting for an employee to report under mandatory assignment.)
5.13 During times when an employee must be released from duty prior to securing a replacement and minimum staffing levels are compromised:
5.13.1 Staffing may be decreased to two at the station(if staffing is below three an engine or ladder cannot be operated and therefore all responses will be handled in the Aid Car until staffing is back to minimum), or
5.13.2 Staffing may be augmented by Reserves.
Page 121 of 155 Eastside Fire & Rescue Board of Directors AGENDA BILL 2021-26 July 8, 2021
SUBJECT: Memorandum of Understanding with the City of Issaquah for Fire Station 71
SUMMARY STATEMENT: This is an agreement between the City of Issaquah and EF&R for renovations at Station 71. EF&R staff will manage the project. The City will reimburse EF&R for project expenses, which are estimated to not exceed $200,000.
Expenditure Required: $ Amount Budgeted: $
Fund Utilized:
RECOMMENDED MOTION: Move to adopt the Memorandum of Understanding with the City of Issaquah for improvements to Fire Station 71.
ALTERNATIVE(S): Recommend revisions. EXHIBITS: 1) Memorandum of Understanding with the City of Issaquah for improvements to Fire Station 71.
Originator: DS Administrative Review: 06/24/21
Action: Date: 07/08/21 Motion By: 2nd: Board Secretary:
Page 122 of 155 MEMORANDUM OF UNDERSTANDING RELATED TO IMPROVEMENTS TO FIRE STATION 71
THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is made and entered into by and between the City of Issaquah, a municipal corporation organized and existing under the laws of the State of Washington (“City”) and Eastside Fire & Rescue, a nonprofit corporation and public body under the laws of the State of Washington (“EF&R”). The City and EF&R may be individually referred to herein as a “Party” and collectively as the “Parties.” PURPOSE The purpose of this MOU is to identify the roles and responsibilities for the improvements to Fire Station 71. RECITALS A. The City is the owner of Fire Station 71, located at 190 E Sunset Way. Fire Station 71 was constructed in 1965 and lightly remodeled in 1988 and 2014.
B. Fire Station 71 is nearing the end of its useful life and EF&R has identified a need to adjust to population growth in the City by constructing a new station in north Issaquah.
C. The Parties are currently in the process of planning for a new fire station north of Interstate 90 and in the vicinity of Lake Sammamish State Park. This station would likely be completed in 2025.
D. The City budgeted in 2020 and 2021 for the construction of a temporary fire station.
E. The Parties examined options for a temporary fire station that would be closer to the planned future station but no options proved to be satisfactory and financially feasible.
F. EF&R has identified a number of improvements to Station 71 that would extend its useful life until the new station is constructed and occupied.
G. The 2021 EF&R Interlocal Agreement states “The Board of Directors shall determine and carry out all improvements to real property. Upon request by a Party or Parties, the Board may carry out improvements to separate real property that are paid for entirely by a Party or Parties.”
H. The City and EF&R have a history of cooperation and collaboration in the operation of the fire station. The parties desire to further that cooperation through this MOU under which the roles and responsibilities of the City and EF&R for the improvements to Station 71 will be clearly delineated.
Page 123 of 155 AGREEMENT A. EF&R has the authority to procure the improvements to Station 71 in the following table. Any improvements beyond this list or change orders for improvements on the list that will exceed the estimate below or have a negative effect on the building itself will require additional approval from the City.
Item Quantity Estimate Notes Remove carpet and finish Flooring 1 $67,500.00 concrete Fix kitchen cabinets and some Kitchen repairs 1 $45,000.00 electrical/plumbing repairs LED lights - bay doors 4 $14,540.00 Install LED lights for bay doors Improve safety system on bay Safety system - bay doors 6 $12,500.00 doors Includes delivery, assembly, and New Beds 10 $7,650.00 removal of existing Chairs 6 $9,000.00 Cleanable/decon-able Appliances - Refrigerator 2 $5,000.00 With water/ice Appliances - Refrigerator 2 $4,000.00 Without water/ice Appliances 2 $400.00 Microwave HVAC replacement 2 $30,000.00 Replace two units Total $195,590.00
B. EF&R will manage the procurement of improvements to Station 71. EF&R will procure the improvements in accordance with the City’s bid procedures and Washington State procurement laws, with special attention paid to the Labor & Industries requirements for public works-type work.
C. EF&R will not exceed $196,000 when procuring the improvements to Station 71.
D. Any contracts between EF&R and third-party contractors for improvements will make the City indemnified by the contractor and include insurance that names the City as an additional insured party. The contracts will also specify that warranties for work can be enforced by the City.
E. EF&R will provide invoices and seek reimbursement from the City on a monthly basis.
F. EF&R and the City will consult on an as-needed basis during construction but will make best efforts to keep the other party informed of the improvements.
G. The City will reimburse EF&R for the improvements to Station 71 that are authorized through the table in Item A of this section.
Page 124 of 155
H. The City will provide input on the selection of third-party contractors. If a disagreement arises between the parties, the City will have final approval of contractors.
I. This MOU will be in effect until December 31, 2021, unless it is terminated earlier by either party.
Approved by:
______City of Issaquah Eastside Fire & Rescue
______Title Title
______Date Date
Page 125 of 155 Page 126 of 155
Eastside Fire & Rescue Board of Directors Meetings
Effective June 30, 2021, the Governor’s guidance permitted open public meetings to operate in person without regard to capacity limitations.
The following guidance was provided: • Vaccine verification/negative testing: Recommended but not required for large indoor and outdoor events. • Physical distancing: No requirements. • Facial coverings: Not required for vaccinated individuals, children under 5, individuals with a medical or mental condition that precludes wearing a mask. Unvaccinated individuals are still required to wear masks.
It is the opinion of the Agency’s attorney that the Board may, but are not required to, require proof of vaccination of members of the public that wish to attend public meetings without a mask. If the Board makes this a requirement, unlike the rules for employees, there is no obligation to track or maintain copies of the public’s vaccination status. Members of the public that refuse to comply or provide proof of vaccination status should be given the option of attending the meeting virtually.
• Virtual Meetings: o The lifting of the restrictions was not, as of June 30, 2021, accompanied by a lifting of the State of Emergency or a modification of Proclamation 20.28-15.
o Accordingly, although you may resume your pre-pandemic meeting practices, subject to the L&I safe workplace rules, you are still required to provide a virtual meeting option.
Board Discussion Points: Guidance received will be incorporated in the EF&R Board Policy 0003 and brought to the EF&R Board for approval at a later date. 1. Maintain virtual Board meetings until Proclamation 20.28-15 is modified or rescinded. 2. Maintain virtual Board meetings until EF&R Headquarters installs the appropriate technology to accommodate effective and efficient in-person and virtual meetings simultaneously. 3. Decide on a month-by-month basis to conduct in-person or virtual Board meetings. 4. Establish internal processes for in-person meetings to ensure a safe and healthy workplace for employees, Directors, and the public. 5. Should the FAC have the option to meet virtually? 6. Maintain current policy language regarding Director’s ability to conference call in, change it to a virtual option, or allow both.
Page 127 of 155 EF&R BOARD OF DIRECTORS ADMINISTRATIVE POLICY
SUBJECT: Directors Roles and Responsibilities Policies Policy Number: 0003 Approved By: EF&R Board Effective Date: August 4, 2016 Agenda Bill: 2016-20, 2018-11 Pages: 16 Revised Date: 5/10/18
1 Purpose 1.1 This policy is intended to be a guide and not a substitute for Washington State statutes governing the conduct of Directors and interaction with Agency legal counsel. 1.2 The Board of Directors (Board) initially adopted the Role & Responsibilities Manual on June 12, 2007. The Board may revise this policy at any time through a majority vote of the Board. 1.3 This policy establishes the procedures and practices that Directors are expected to utilize in the undertaking of Board business and describe the expectations for performance of the Directors.
2 Reference The following documents can be found on the EF&R website: 2.1 EF&R ILA 2.1.1 This document defines the relationship of parties to the Agency and establishes the funding model for allocation of party contributions to the operation of the Agency. 2.2 Board Policies 2.2.1 Board policies are adopted by the Board and implemented by the Fire Chief. 2.3 Agency Operating Policies and Guidelines 2.3.1 The Fire Chief is responsible for developing and implementing Agency policies and guidelines. 2.4 EF&R Strategic Plan 2.4.1 The Strategic Plan is developed and proposed by the Fire Chief and approved by the Board of Directors. 2.5 Standards of Response Coverage 2.5.1 The Fire Chief is responsible for recommending Standards of Response Coverage policies for Board approval. Annually the Fire Chief is responsible for reporting Agency performance based on the adopted Standards of Response Coverage Policies. 2.6 Applicable RCWs
3 Responsibility 3.1 Board and Fire Chief.
4 Policy
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4.1 Basic Agency Documents 4.1.1 Planning the Annual Budget The Board adopts a Strategic Plan and the Fire Chief prepares annual budgets to achieve the goals of the Strategic Plan. The annual budget is approved by the Board, and provides the Agency with the tools necessary to achieve the Board’s adopted goals. By adopting the annual budget, the Board makes policy decisions, sets priorities, allocates resources, and provides the framework for Agency operations. 4.1.2 Equipment Replacement Plan (located in Financial Policy) The Equipment Replacement Plan serves as a guide for determining the appropriate life span for all types of Agency equipment such as apparatus (trucks), radios, and other equipment that needs to be periodically replaced or upgraded. 4.1.3 Capital Facilities Maintenance & Replacement Plan (located in Financial Policy) The Capital Facilities Maintenance Plan serves as a guide for determining priorities, planning, financing, and implementing of capital projects, purchasing equipment, and maintaining the Agency’s real and personal property, which add to, support, or improve the physical infrastructure, capital assets, or productive capacity of the Agency. 4.1.4 Collective Bargaining Agreements/Other Employee Agreements. The contracts in place between the union employees and the Agency and the employment agreements in place between the Agency’s administrative employees and the Agency, as well as the working conditions which are in place for the volunteers, set forth the employment terms of the Agency and its various work groups. Fire District 10 is the employer of record. • Battalion Chief CBA 2015-2018 • Firefighters and Company Officers CBA 2015-2018 • Support Staff CBA 2015-2018
4.2 Board of Director’s General Responsibilities 4.2.1 General The Board is the policy making body of the Agency. The Fire Chief administers day-to-day operations of the Agency and implements Agency policy. 4.2.2 The Board is composed of eight Directors, representing the five member partners (parties). Each Director is expected to participate in monthly or special meetings of the Board, and to participate on Board Committees, Ad-hoc Committees, and other forums as requested. Directors are strongly encouraged to attend Agency recognition and award events.
Page 129 of 155 4.2.3 Directors do not represent the Agency in any capacity, except through the authorization received at Board meetings. Directors should refrain at all times from attempting to represent the Agency or making decisions on behalf of the Agency, except according to the specific authorization received from the Board.
4.3 Duties of Board Directors The following outline is a brief description of the various duties of Directors. 1. Establish General Policy • Adopt goals and objectives • Establish priorities • Approve/amend operating and capital budgets • Approve contracts • Approve policies • Attend Board and Committee meetings 2. Supervise Appointed Officials • Appoint a Fire Chief • Evaluate the performance of the Fire Chief 3. Provide Public Leadership • Promote representative, responsible, and respectful governance • Communicate the Agency’s mission and goals to its citizens • Represent the Agency’s interests at regional, county, state, and federal levels in a professional and respectful manner • Maintain a professional and clean appearance, and dress appropriate to the occasion when representing the Agency 4. Fiduciary Duties • Participate in Audit entrance and exit interviews • Regularly rReview financial warrants weekly • Review and approve the annual biennial budget
4.4 Organization of the Board 4.4.1 Directors are appointed to the Board by their respective councils/commissions from which the commissioner/councilmember is elected. The number of appointments from each respective council/commission is identified in the EF&R ILA. 4.4.2 Annually, at the first meeting in January, the Board elects a Director to serve as Chair of the Board, and a Director to serve as Vice-Chair of the Board. The Chair serves as the presiding officer and acts as Chair at all meetings of the Board. In the Chairperson’s absence, the Vice-Chair serves in this capacity. The Chair of the Board may participate in all deliberations of the Board in the same manner as any other Director and is expected to vote in all proceedings. The Chair does not possess a power of veto and may not move an action, but may second a motion.
Page 130 of 155 4.4.3 The general duties of the Board Chair include: • Chairing the monthly Board meetings • Chairing Special Board meetings as required • Attending the pre-Board meeting and setting the agenda • Postponing or canceling Board meetings in consultation with the Fire Chief • Serving as the lead Board representative at Award Recognition Ceremonies, Partner events, ceremonies for opening of new Agency facilities, community events, press releases and media events, etc., as required • Signing award/recognition certificates • Facilitating the Annual Board Retreat • Reviewing and approving the Fire Chief’s expense report • Signing the Fire Chief employment contract, ILAs, and Board approved contracts and agreements • Overseeing and reviewing the Board Secretary’s performance 4.4.4 The general duties of the Board Vice-Chair include: • Attending the pre-Board meeting • Performing the Chair’s duties as noted above, in the absence of the Chair 4.4.5 Directors are expected to uphold the mission and values of EF&R. 4.4.6 The Fire Chief assigns a Board Secretary from the Administrative staff to assist with the administrative duties of the Board, in accordance with the Agency job description and RCW 52.14.080.
4.5 Alternate Board Directors Alternates to the Director positions shall be named at the first meeting in January and may be amended by the party at any time, with notification to the Board Chair and the Board Secretary. If a Director is unable to attend a Board meeting or is absent from the Agency for more than 30 days, he or she shall notify the Board Chairperson. The Director shall arrange for the designated alternate from the party to represent the Director during the Director’s absence. 4.5.1 Conference Call Procedures: If a Director(s) and their Alternate are unable to attend a meeting, and the partner agency is not represented by another Board member, a conference call may be established providing 24-hour notice is given to the Board Chair and Board Secretary. A maximum of two Directors can conference in to a meeting. In person attendance for each partner agency is strongly preferred.
4.6 Resignation of Director If a Director resigns from the Board, a new Director will be appointed by the council/commission from which the vacancy occurred.
Page 131 of 155 4.7 Appointment of Fire Chief/Administration of Agency Personnel The Board is responsible for appointing a Fire Chief. The Fire Chief serves as such pursuant to the terms of his/her employment agreement with the Agency. The Fire Chief is responsible for the administration and management of all Agency personnel and day-to-day operations of the Agency.
4.8 Board Compensation EF&R does not compensate Directors for service on the Board.
4.9 Financial Disclosure The Agency does not file financial disclosure statements per Chapter 42.17 RCW for Directors.
4.10 Travel Policy Members of the Board are subject to the following travel policy: 4.10.1 Travel Involving an Overnight Stay All reasonable transportation expenses incurred by a Director for approved travel regarding Agency business will be reimbursed by the Agency, per agency Policy 3516. Any travel involving an overnight stay should have the prior approval of the Board, or the Board Chair, with notification to the Board at the next available Board meeting. Directors should endeavor to attend training and conferences in Washington State whenever possible, if such training or conference is of comparable value to that offered out of state. 4.10.2 Reimbursement of Travel Expenses A fully itemized claim for expense reimbursement must be submitted to the Finance Department as per Agency Policy #3516. Detailed receipts are required.
4.11 State Public Disclosure Act and Open Meetings Act To ensure that Agency public records sent or received by Directors comply with the State Public Records Act, RCW Chapter 42.17, and the State Open Public Meetings Act, RCW Chapter 42.30, the following applies: 4.11.1 Agency Public Records – Generally All letters, memoranda, reports, emails, text messages, voicemails, tweets, photos, video recordings, and sound recordings that are prepared, used, received or retained by Directors, and that relate to the conduct of the Agency or the Board or the performance of any Agency function, with a few exceptions as stated by the Public Records Act, are public records, regardless of their location. 4.11.2 Disclosure of Public Records Agency public records may be subject to public inspection and copying. If a Director receives a request for an Agency public record, whether orally or in writing, the Director should refer the request to the Fire Chief or designee. The Fire Chief or designee will respond
Page 132 of 155 to the request in accordance with Public Records Act and Agency rules and policies, some of which authorize the Agency to exempt public records, or portions of them, from disclosure. 4.11.3 Retention of Public Records Agency public records must be retained for the minimum retention periods stated in the records retention schedules of the Washington State Archives. 4.11.4 Forwarding of Public Records Except for text messages, tweets and voicemails, Directors must transmit to the Fire Chief or designee all Agency public records, as defined in Section 4.11.1 above, that are not prepared, used or retained at the Agency offices. Directors must transmit or retain text messages, tweets, and voicemails in accordance with specific policies issued by the Fire Chief or designee. 4.11.5 Written Letters, Memoranda and Reports Received by the Agency The Agency will photocopy and provide to all Directors all written letters and memoranda received by the Agency and addressed to a Director or the Board as a body. 4.11.6 Open Public Meetings Act--Electronic Communications Between Directors (E.g., Email, Tweets, Social Media Interaction, Telephone Calls) Electronic communications between Directors may be subject to the Open Public Meetings Act, which prohibits a majority of the members of the Board from holding a meeting outside of a regular or special meeting of the Board. A “meeting” occurs when a majority of the Directors takes “action,” which includes not only formal votes, but also discussions and considerations. With regard to emails, (1) the exchange of emails regarding issues that may or will come before the Board for a vote and (2) the active exchange of information and opinions, with intent to transact official Agency business, between a majority of the Directors, constitutes an illegal meeting. However, (1) the mere use or passive receipt of email and (2) the receipt of information only regarding upcoming issues, between a majority of the Directors, does not constitute a meeting. The same prohibitions of the Act may apply to social media (web sites, blogs, texting, Twitter and Facebook) interaction and communication, depending on the extent and characterization of the interaction and communication. 4.11.7 Electronic Communication with Legal Counsel Board Directors should be cautious when sending or receiving electronic communication with legal counsel that involves legal matters or active litigation, taking care not to share the communication with non-Agency individuals or Agency individuals who should not have access to the communication. Inadvertent or unintentional sharing of the communication could waive the attorney- client privilege.
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4.12 Conflicts of Interest/Appearance of Fairness, and Liability of Elected Officials 4.12.3 Conflicts of Interest (Chapter 42.23 RCW)/Appearance of Fairness (Chapter 42.30 RCW) • Directors shall identify in advance what potential conflicts may exist prior to discussion of a business item at a Board meeting. • It is illegal to fail to declare a conflict of interest, or to participate or otherwise be involved in discussions on issues or contracts where such an interest exists. Violations of the conflict of interest prohibitions may result in significant penalties, including criminal prosecution. • In circumstances where only a “remote interest” (see below) exists, after disclosure of the interest to other Directors, the Directors may approve the contract in which a Director has a remote interest. The Director shall recuse him or herself from the vote. The Director shall refrain from any attempt to influence other members to approve the contract. 4.12.4 Applicability All Agency officers, elected and appointed, are subject to the conflict of interest law in Chapter 42.23 RCW This includes Directors. 4.12.3 Definition Remote interests are exempted from the prohibitions of Chapter 42.23 RCW. Examples of remote interests are as follows: • A non-salaried officer or member of a nonprofit corporation doing business with or requesting money from the Agency. • The landlord or tenant of a contracting party. For instance, a Director may lease office space to a party that has a private interest in an Agency matter. • The owner of less than 1 percent of the shares of a corporation or a cooperative doing business with the Agency. • Being reimbursed only for actual and necessary expenses incurred in performance of official duties. 4.12.4 Examples of Acts not constituting a Conflict of Interest • Receiving Agency services on the same terms and conditions as any other Agency official. Thus, when a Director who owns a business within the Agency votes for or against an increase in the Agency’s general permit fees or user rates, a conflict would not exist because this action would apply to all businesses within the Agency’s boundaries. • An Agency official may sell equipment, material, supplies, or services to the Agency only to the extent such sales are consistent with state law. 4.12.5 Declaration of a Conflict When a substantial interest exists, the Director must:
Page 134 of 155 • Refrain from voting or in any way influencing a decision of the Board; and • Declare that a conflict of interest exists and make it known in the official records of the Agency. • Should a situation arise where a majority of Directors or a majority of a quorum of those present at a Board meeting have a substantial conflict of interest, Chapter 42.23 provides that if the conflict of interest prevents the Board from acting as required by law, such action shall be allowed if the Directors with the apparent conflicts of interest make them known (see “Ethics Handbook” attached). 4.12.6 Agency Legal Counsel Opinions • A Director’s request for an opinion from the Agency’s legal counsel concerning conflict of interest is confidential. However, formal final opinions are a matter of public record and must be filed with the Board Secretary. • This filing requirement does not apply to verbal communications between Directors and the Agency’s legal counsel. Directors may seek advice from a private attorney, at their own expense, concerning potential conflicts. In such cases, no disclosure policy would apply. 4.12.7 Filing of Disclosures The Board Secretary should maintain a file for all disclosures and legal opinions of conflicts of interest. 4.12.8 Prohibited Acts (RCW 42.23.070) • No Director may directly or indirectly use his or her position to secure special privileges or exemptions for himself, herself, or others. • No Director may, directly or indirectly, give or receive or agree to receive any compensation, gift, reward, or gratuity from a source except the Agency party that the Director represents, for a matter connected with or related to the Director’s services, unless otherwise provided for by law. • No Director may accept employment or engage in business or professional activity that the Director might reasonably expect would require or induce him or her by reason of his or her Director position to disclose confidential information acquired by reason of his or her Director position. • No Director may disclose confidential information gained by reason of the Director’s position, nor may the Director otherwise use such information for his or her personal gain or benefit. Examples of Prohibited Acts range from receiving a gift of tickets to a sporting event to attending a dinner hosted by a private company. In determining if the action is allowed, the Washington State Auditor’s Office suggests asking:
Page 135 of 155 • “Would I be receiving this gift if I were not a Director or employee of the Agency?” • “Is this gift available to anyone who is not a Director or employee or otherwise associated with the Agency?” If the circumstances are that the gift is offered because of Director or employee status, it may create conflict of interest. 4.12.9 Liability • The Agency must always approach its responsibilities in a manner that reduces risk to all involved. Nevertheless, within public service, risk cannot be eliminated. • It is important to note that violations of certain laws and regulations by individual Directors may result in the Director being personally liable for damages which would not be covered by the Agency’s insurance. Examples may include intentional acts, discrimination, harassment, and/or fraud. • Errors and omissions coverage, otherwise called directors and officers insurance, provides for coverage for monetary damages arising out of a wrongful act committed by the Director, when acting on behalf of EF&R. A wrongful act is any act, error, or omission committed by or on behalf of EF&R while in the performance of EF&R operations. Examples include, but are not limited to: wrongful termination, discrimination, sexual harassment, and civil rights violations.
4.13 Interaction with Agency Staff/Officials 4.13.1 Fire Chief • The Board’s role is to establish Agency policies and priorities. The Board appoints a Fire Chief to implement those policies and undertake the administration of the organization. • The Fire Chief is appointed by the Board to implement the policies and regulations, to direct the daily operations of the Agency, to prepare the budget for approval, to monitor the expenditures and revenues of the Agency, and to implement the policies and programs approved by the Board. The Fire Chief reports to the Board. The Fire Chief is responsible for all other personnel appointments. • The Board authorizes positions through the budget process, and based upon that authorization, the Fire Chief makes the appointments. The powers and duties of the Fire Chief are contained in the Fire Chief’s employment contract, job description and EF&R ILA. 4.13.2 Fire Chief and Board Chair Relationship The Board Chair and the Fire Chief shall maintain an open and ongoing line of communication. Directors desiring to serve and be elected by the Board shall be aware of the following expectations for the Board Chair:
Page 136 of 155 • The Board Chair shall meet with the Fire Chief two weeks prior to the scheduled regular board meeting to review and approve the agenda for the meeting • The Board Chair shall endeavor to communicate with the Fire Chief at least weekly to ensure emerging issues and concerns are brought forward in a timely manner and the Chair is available to discuss the appropriateness and the timeliness of presentation of information to the Board. The timing of weekly communications should be established to allow for preparation of the attendees and availability of the attendees to participate. • The Board Chair shall represent the Agency in advocacy roles as determined by the Board. 4.13.3 Chair and Vice Chair Relationship The Vice Chair shall attend the Pre-Board meetings with the Board Chair and Fire Chief two weeks prior to the Board meetings. The Vice Chair will stand in for the Chair at Board meetings and special presentations in the absence of the Chair, and at the request of the Chair. The Vice Chair shall work closely with the Chair on other matters, as requested, including planning and facilitating Board goal setting sessions, Board retreats, or other duties and activities as assigned. 4.13.4 Chair and Others The Chair shall endeavor to develop and maintain a relationship with each Director and be available to interface with others interested in the Agency as necessary (i.e. local representatives, etc.) 4.13.5 Board’s Relationship with Board Secretary The Fire Chief assigns a Board Secretary from the Administrative staff to assist with the administrative duties of the Board. In accordance with RCW 52.14.080, the Board Secretary keeps a record of the Board proceedings. The Board Secretary reports to the Board Chair and is directed to take action on behalf of the Board through the proceedings of the Board. 4.13.6 Board of Directors Policy of Operational Non-interference • Directors shall not be involved in the resolution of Agency personnel issues, except with regard to the performance of the Fire Chief. • The Fire Chief is the primary point of contact for all Directors. All requests to contact Agency staff must be coordinated through the Chief, and with the knowledge of the Chair. All other contact requests should be coordinated through the Chair. The Fire Chief is solely responsible for staff direction, scheduling and work load assignments. • Subject to RCW 42.30.110 and the holding of executive sessions to discuss and review personnel matters, the Board should not, while in open session, from fully and freely discussing with the
Page 137 of 155 Fire Chief anything pertaining to appointments and removals of Agency employees, volunteers, and other Agency matters. • The Board is not prohibited, while in open session, from fully and freely discussing with the Fire Chief and other Agency employees any and all matters pertaining to Agency operations. 4.13.7 Board of Directors / Fire Chief Relationship The Board shall evaluate the Fire Chief on an annual basis in accordance with Board Administrative Policy 0001 (Fire Chief Performance Evaluation). 4.13.8 Board of Directors / Staff Relationship Directors shall limit contact with Agency staff members to regular business hours, except in the case of an emergency. 4.13.9 Board of Directors / Agency Legal Counsel The Agency legal counsel is a contract employee. The Fire Chief shall solicit proposals for legal services and present a recommendation to the Board. The Board shall approve a contract for services. The Agency legal counsel is the legal advisor for the Board, the Fire Chief, and all Agency employees with respect to any legal question involving an official duty or any legal matter pertaining to the affairs of the Agency. The general legal responsibilities of the Agency legal counsel are to: • Provide legal assistance necessary for formulation and implementation of policies and contracts; • Represent the Agency’s interests, as determined by the Board of , in litigation, administrative hearings, negotiations, and similar proceedings; • Review draft contracts as to form, resolutions, regulations, contracts, and other legal documents to best reflect and implement the purposes and intentions of the Board; and • Keep the Board and staff apprised of court rulings and legislation affecting the legal interests of the Agency. It is important to note the Agency legal counsel does not represent individual members of the Board or Agency employees/volunteers, but rather the Board and Agency as a whole.
4.14 Policy Formation 4.14.1 Board of Directors Role The Board has authority to accept, reject, or amend Agency staff recommendations on all policy matters. Directors are expected to review Board meeting information in a timely manner, and to direct questions and requests for additional information to the Board Chair prior to the meeting to allow the Fire Chief and staff time to assemble the supplemental material prior to the Board meeting. The intent is to have sufficient information available to Directors to facilitate decision making at the meeting. 4.14.2 Information Flow
Page 138 of 155 Directors shall not request information from Agency staff, contractors or other service providers or associations as a representative of the Board, without the knowledge and agreement of the Chair. 4.14.3 Access to Information • The Fire Chief is the information liaison between the Board and the Agency staff. Requests for information from Directors are to be directed to the Fire Chief and will be responded to promptly. The information requested will be copied to all Directors so that all Directors will be equally informed. The sharing of information with Directors is one of the Fire Chief’s highest priorities. • There are limited restrictions when information cannot be provided. For instance, the Agency is legally bound not to release certain confidential personnel information. 4.14.4 Staff Roles The Board recognizes that staff is obligated to take guidance and direction only from the Fire Chief and/or their superior officers. This direction follows the policy guidance of the Board as a whole. 4.14.5 Media Alerts Directors will notify each other and the Fire Chief whenever interaction takes place with media representatives involving the Agency. (This includes written or verbal interaction initiated by the Director or Council/Commission/staff as well.) The alert to others in the Agency will take place as soon as possible. The notification to other Directors and the Fire Chief should include the following: • Time of contact • Topics discussed • On opinion on whether a story will run and when • Media contact information (reporter and affiliation)
4.15 Board of Directors Meetings The Directors conduct business at Board meetings. EF&R Resolution Number 4, dated 1/4/99, states that the Board operates under Roberts Rules of Order. 4.15.1Meeting Schedule Regular Board meetings are held at a time determined by the Board at the Agency’s Headquarters located at 175 Newport Way NW, Issaquah, WA. Meeting information is distributed the week prior to the meeting. The Chair may approve an alternate distribution date when circumstances preclude the completion of the Board packet by the Friday prior to the Board meeting. 4.15.2 Special Meetings • Special Meetings may be called by either the Board Chair or designee. Notice of a Special Board meeting will be made by the Board Secretary or his/her designee, by delivering personally, by mail, by telephone, by e-mail, or by facsimile, written notice to
Page 139 of 155 each Director at least 24 hours before the time of such meetings as specified in the notice. Notice shall also be posted at the public entrance of Headquarters and posted to the website. The notice shall specify the time and place of the Special Board meeting and the business to be transacted. At Special Board meetings, only those matters noted in the agenda may be acted upon. • The notices provided in this section may be dispensed in the event a Special Board meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical, and increase the likelihood of such injury or damage. • Public comments are a separate agenda item and are invited at that time on the agenda. Public comment is appropriate on any matter within the jurisdiction of the Board. 4.15.3 Committee Meetings Following proper public notice, the Board may meet informally in a Committee meeting. The Committee meeting is the forum used by the Board to review work plan items for action, and to provide recommendations to the full Board on adoption or approval. No final action is taken in a Committee meeting. Public participation may be allowed by the Chair of the Committee meeting, All Committee meetings are open to the public.
4.15.4 Conference Call Procedures • If a Director(s) and their Alternate are unable to attend a meeting, and the partner agency is not represented by another Board member, a conference call may be established providing 24-hour notice is given to the Board Chair and Board Secretary. • A maximum of two Directors can conference into a meeting. In person attendance for each partner agency is strongly preferred. • Virtual Meeting:
4.15.4 Agenda Planning All matters to be presented to the Board at its regular meetings are reviewed and placed on the agenda by the Board Secretary at the direction of the Board Chair. Matters to be assigned to Committees for review and recommendation may be assigned to the Committee by a motion of the Board at a regular Board meeting, or by the Board Chair, at the request of the Fire Chief, if the Board Chair determines this to be the appropriate and timely manner for the assignment of work. • Board of Directors A Director may request an item be considered for an upcoming agenda by making an oral request at a Board meeting or submitting
Page 140 of 155 a request to the Board Chair. Based upon the nature of the request, the Board Chair may submit the request to the Board before placing it on the agenda. The majority of the Board may direct the Board Chair to formally include or exclude the item from the agenda of an upcoming meeting. Parked Agenda Items are tracked by the Board Secretary and documented on the Annual Agenda Planning Calendar. • Members of the Public A member of the public may request an item be placed on a future agenda while addressing the Board during a regular meeting and/or by submitting a request in writing to the Board, through the Board Chair. In order to allow sufficient time for the Board to review and staff to research the matter, the request should be submitted at least 10 working days prior to the requested meeting date. Once the issue has been placed on the agenda, the Board Secretary will notify the requester so they may plan to attend the meeting. • Emergency Items Emergency items may be added to an agenda of a special meeting in accordance with state law. Emergency items are only those matters immediately affecting the public health, safety, and welfare of the Agency. The reason(s) for adding an emergency item to the agenda shall be announced publicly at the meeting, and the issue shall be included in the minutes of the meeting. 4.15.5 Executive Sessions At the call of the Board Chair, or with a majority vote of the Board, the Board may recess to executive session to discuss and consider matters authorized under RCW 42.30110. Before convening in executive session, the Board Chair shall publicly announce the purpose for excluding the public from the meeting place (quoting or paraphrasing the purposes described in RCW 42.30.110), the time when the executive session will be concluded, and whether action is expected to be taken following the executive session. An executive session may be extended to a later time by announcement of the Board Secretary. The following are some of the executive session purposes of RCW 42.30.110: • RCW 42.30.110(1)(f) – To receive and evaluate complaints or charges brought against a public officer or employee • RCW 42.30.110(1)(g) – To evaluate the qualifications of an applicant for public employment or review the performance of a public employee • RCW 42.30.110(1)(h) – To evaluate the qualifications of a candidate for an appointment to elective office • RCW 42.30.110(1)(i) – To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel
Page 141 of 155 representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency • RCW 42.30.110(1)(b) – To consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price • RCW 42.30.110(1)(c) - To consider the minimum price at which real estate will be offered for sale or lease when public knowledge regarding such consideration would cause a likelihood of decreased price • RCW 42.30.110(1)(d) – To review negotiations on the performance of publicly bid contracts when public knowledge regarding such consideration would cause a likelihood of increased costs 4.15.6 Signing of Documents The Board as a quorum shall sign Agency Agenda Bills, contracts, and other documents that have been adopted by the Board and require an official signature, except when the Fire Chief, or a combination of other specifically identified Agency officials have been authorized by the Board to sign such documents. 4.15.7 Quorum A majority of the Board shall constitute a quorum for the transaction of Agency business. 4.15.8 Minutes The Board Secretary or designee shall take minutes at all Regular and Special Board meetings. Administrative staff will be assigned to take minutes at all Committee meetings. Minutes shall be made available for the public once approved by Board action. Unless a member of the Board requests a reading of the minutes of a Board Meeting, such minutes may be approved without reading them, as long as the Board Secretary has furnished each member with a copy thereof. 4.15.9 Open Public Meeting Law Applicability The Open Public Meetings Act, Chapter 42.30 RCW applies to the Board and all committees or subcommittees of the Board that act on behalf of the Board, conduct hearings or take testimony or public comment. 4.15.10 Meetings All meetings of the Board shall be open to the public, except for executive sessions pursuant to RCW 42.30.110. A meeting takes place when a quorum (a majority of the total number of Directors) is present and information concerning Agency business is received, discussed, and/or acted upon.
Page 142 of 155 4.15.11 Actions Only the Board has the authority to take action, and all actions must be taken in a public meeting. At a Special meeting of the Board, action may be taken only on those items appearing on the agenda, except for emergency items as defined in Section 6.05.D. At a Regular meeting of the Board, the Board is free to take action on non-agenda items, subject to applicable statutory and Agency notice requirements for the subject matter being considered.
Page 143 of 155
Eastside Fire & Rescue Board of Directors Meetings
At the May 13, 2021, EF&R Board meeting, the Board discussed the EF&R funding formula. Staff intends to provide a detailed follow-up at the September 9, 2021, Board meeting.
To fully prepare for the September discussion, we would once again like to give the Board an opportunity to provide direction to staff so we can meet your expectations.
Please come to the July 8, 2021, Board meeting prepared to discuss the following: 1. What, if anything, do you find is lacking with the current EF&R funding formula? 2. At a previous Board meeting there seemed to be consensus that any funding formula should be “equitable”. How would you best define “equitable” in the context of a funding formula for EF&R? 3. Shared facilities were also discussed. The only facility that is currently a true shared facility is Headquarters, which also includes the mechanical maintenance shop and is currently owned by Fire District 10. a. Do you have any argument as to why EF&R should not be paying rent, or providing credit, to Fire District 10 for its use? b. What other factors would you advise staff to consider surrounding this issue? c. Would any of your thoughts change for the possibility of future shared facilities, such as training grounds?
Page 144 of 155 Eastside Fire & Rescue Revenue and Expense Report May 2021
Revenue Total Operating Revenues are $2,284,534.07 greater than we budgeted for.
Intergovernmental Revenue came in $160,809.33 greater than budgetd. This is mainly due to receiving part of our Dept. of Ecology grant reimbursement payment.
Fire Protection and Emergency Medical Services - Governmental Agencies revenue came in $566,133.03 higher than budgeted. This is due to receiving our GEMT supplemental payment for the state fiscal year 2020 for $560,682.08.
Cost recovery revenues are $1,018,635.81 greater than budgeted. This is due to receiving wildland fire payments as well as payments for staffing an aid car.
Transport revenue is $366,608.87 greater than budgeted. Our collections are coming in higher than budgeted.
Expenses Actual operating expenses are greater than budgeted by $629,559.58.
Total salaries expense is greater than budgeted by $765,283.64. Overtime was $749,799.59 greater than budgeted. This is mostly due to overtime worked due to Covid 19 and staffing of an aid car. Also, Leave cash outs were higher than budgeted.
Total benefits are $371,619.38 less than budgeted. This is mostly due to the timing of the pension payment. Thi should even out as the year goes on. We will monitor these expenses throughout the year.
Total supplies expenses are $2,158.00 less than budgeted. Office and Operational Supplies came in higher than budgeted due to purchase of COVID and vaccine supplies. This was offset but uniforma and protective cothing coming in lower than budgeted.
Total service expenses are $91,538.91 greater than budgeted. We are seeing professional services, equipment rent & leases, and utilities are coming higher than budgeted. This should also even out as we get farther into the year.
Page 145 of 155 Eastside Fire & Rescue Revenue and Expense Report May 2021
Line May 2021 May 2021 YTD May 2021 YTD May 2021 YTD 2021 Annual % of Remaining Number Title Actuals Budget Actuals Variance Budget Total Budget
1 2 2021 Beginning Fund Balance 7,416,657.67 3 4 Revenue 5 Intergovernmental Revenue 140,733.00 863,714.00 1,024,523.33 160,809.33 2,071,109.00 49.47 1,046,585.67 6 Fire Protection and Emergency Medical Services - Partner Contibutions 2,100,516.50 10,502,582.42 10,645,821.01 143,238.59 25,310,103.00 42.06 14,664,281.99 7 Fire Protection And Emergency Medical Services - Governmental Agencies - 156,115.00 722,248.03 566,133.03 398,276.00 181.34 (323,972.03) 8 Cost Recovery 81,894.21 146,585.00 1,165,220.81 1,018,635.81 532,340.00 218.89 (632,880.81) 9 Ambulance Service - AMR 2,400.00 - 14,300.00 14,300.00 - 0.00 (14,300.00) 10 Ambulance Service - Fee for Transport 307,888.41 1,179,447.50 1,546,056.37 366,608.87 2,830,674.00 54.62 1,284,617.63 11 Shop Revenue 2,265.73 15,435.00 29,114.35 13,679.35 37,000.00 78.69 7,885.65 12 Miscellaneous Revenue 4,144.43 29,069.00 30,198.09 1,129.09 69,800.00 43.26 39,601.91 13 Total Operating Revenue 2,639,842.28 12,892,947.92 15,177,481.99 2,284,534.07 31,249,302.00 48.57 16,071,820.01 14 15 16 17 Expense 18 Salaries & Wages 1,406,070.23 7,090,354.00 7,052,919.34 (37,434.66) 16,842,193.00 41.88 9,789,273.66 19 Overtime 402,101.71 757,460.00 1,507,259.59 749,799.59 1,910,258.00 78.90 402,998.41 20 Educational Incentive Pay 13,688.21 102,965.00 67,296.33 (35,668.67) 248,697.00 27.06 181,400.67 21 Deferred Compensation 47,691.75 236,203.00 235,868.17 (334.83) 570,153.00 41.37 334,284.83 22 Longevity Pay 56,725.86 277,873.00 283,715.27 5,842.27 677,983.00 41.85 394,267.73 23 Leave Cashout Expense - 169,865.00 252,944.94 83,079.94 241,082.00 104.92 (11,862.94) 24 Total Salary 1,926,277.76 8,634,720.00 9,400,003.64 765,283.64 20,490,366.00 45.88 11,090,362.36 25 26 Healthcare Benefits - 2,340,463.00 2,093,807.99 (246,655.01) 4,306,393.00 48.62 2,212,585.01 27 Life Insurance Premium - 12,500.00 4,872.90 (7,627.10) 12,500.00 38.98 7,627.10 28 Disability Insurance 328.90 4,460.00 2,226.78 (2,233.22) 7,656.00 29.09 5,429.22 29 LEOFF I Retired Med Medical 10,477.71 75,326.00 41,414.87 (33,911.13) 134,553.00 30.78 93,138.13 30 Payroll Taxes 14,838.53 348,103.00 445,425.67 97,322.67 833,567.00 53.44 388,141.33 31 Emplee Asst Prog Fee Expense - 2,290.00 1,890.24 (399.76) 5,500.00 34.37 3,609.76 32 Post Retirement Medical Program 32,975.00 170,000.00 190,675.00 20,675.00 408,000.00 46.73 217,325.00 33 Pension - 516,718.00 317,927.17 (198,790.83) 1,235,840.00 25.73 917,912.83 34 Total Benefits 58,620.14 3,469,860.00 3,098,240.62 (371,619.38) 6,944,009.00 44.62 3,845,768.38 35 36 Office & Operational Supplies 40,345.05 191,971.00 214,136.58 22,165.58 468,499.00 45.71 254,362.42 37 Uniform & Protective Clothing 16,109.96 96,495.00 72,978.06 (23,516.94) 194,318.00 37.56 121,339.94 38 Fuel Expense 15,665.74 68,715.00 58,941.33 (9,773.67) 165,000.00 35.72 106,058.67 39 Small Tools & Equipment 2,873.41 36,019.00 17,816.05 (18,202.95) 88,685.00 20.09 70,868.95 40 Software Licenses 37,317.60 117,500.00 144,669.98 27,169.98 205,000.00 70.57 60,330.02 41 Total Supplies 112,311.76 510,700.00 508,542.00 (2,158.00) 1,121,502.00 45.34 612,960.00 42
Page 146 of 155 Eastside Fire & Rescue Revenue and Expense Report May 2021
Line May 2021 May 2021 YTD May 2021 YTD May 2021 YTD 2021 Annual % of Remaining Number Title Actuals Budget Actuals Variance Budget Total Budget 43 Professional Services 69,591.27 247,978.00 444,001.37 196,023.37 598,261.00 74.22 154,259.63 44 Communication 27,086.42 326,752.00 321,341.98 (5,410.02) 1,059,379.00 30.33 738,037.02 45 Travel 3,741.91 17,230.00 6,106.30 (11,123.70) 43,700.00 13.97 37,593.70 46 Equip Rent & Lease 10,074.01 15,777.00 33,598.00 17,821.00 38,100.00 88.18 4,502.00 47 Liability Insurance - 212,000.00 212,516.04 516.04 225,000.00 94.45 12,483.96 48 Utilities 17,919.34 112,000.00 123,685.67 11,685.67 250,000.00 49.47 126,314.33 49 Laundry Expense 595.96 2,081.00 3,285.09 1,204.09 5,000.00 65.70 1,714.91 50 Maintenance & Repair 16,603.58 121,300.00 80,378.42 (40,921.58) 290,000.00 27.72 209,621.58 51 Dues & Subscription 3,713.42 81,453.00 35,628.47 (45,824.53) 180,308.00 19.76 144,679.53 52 Education 6,094.55 48,300.00 21,599.15 (26,700.85) 122,050.00 17.70 100,450.85 53 Miscellaneous 294.96 8,115.00 2,384.42 (5,730.58) 22,550.00 10.57 20,165.58 54 Total Services 155,715.42 1,192,986.00 1,284,524.91 91,538.91 2,834,348.00 45.32 1,549,823.09 55 56 Total Capital Outlay - - 146,514.41 146,514.41 - 0.00 (146,514.41) 57 58 Total Operating Expenses 2,252,925.08 13,808,266.00 14,437,825.58 629,559.58 31,390,225.00 45.99 16,952,399.42 59 60 61 Total Non-Revenue 22,632.23 - 290,200.38 290,200.38 - 0.00 (290,200.38) 62 63 Total Non-Expenses (406,682.36) - (109,824.38) (109,824.38) - 0.00 109,824.38 64 65 May 2021 Ending Fund Balance 8,556,338.84 66
Page 147 of 155 EF&R Current and 5‐Year Incident History For the Month of June Only
1200 1000
800
600 1074 867 400 752 774 773 200 0 2017 2018 2019 2020 2021
Year AFA EMS Non‐Struc Fire Struc Fire MVA Other Total 2017 73 528 66 18 40 27 752 2018 66 566 58 14 41 29 774 2019 90 620 83 11 43 20 867 2020 76 566 56 5 39 31 773 2021 167 642 162 12 42 49 1074
Year‐to‐Date Through June
5200
5000 4800
4600 5146 4953 4400 4686 4590 4200 4473 4000 2017 2018 2019 2020 2021
Year AFA EMS Non‐Struc Fire Struc Fire MVA Other Total 2017 521 3389 320 89 233 134 4686 2018 429 3350 269 73 221 131 4473 2019 520 3621 363 72 215 162 4953 2020 474 3336 331 54 177 218 4590 2021 562 3626 477 72 188 221 5146
Page 148 of 155 Dist 10 Current and 5‐Year Incident History For the Month of June Only
200
150
100 183 134 142 117 129 50
0 2017 2018 2019 2020 2021
Year AFA EMS Non‐Struc Fire Struc Fire MVA Other Total 2017 6 82 13 2 12 2 117 2018 14 72 21 3 14 5 129 2019 6 77 31 3 13 4 134 2020 10 103 13 0 13 3 142 2021 14 96 44 4 17 8 183
Year‐to‐Date Through June
1000
800
600 897 400 771 705 682 740 200
0 2017 2018 2019 2020 2021
Year AFA EMS Non‐Struc Fire Struc Fire MVA Other Total 2017 56 463 75 15 78 18 705 2018 53 448 73 11 75 22 682 2019 45 472 116 21 79 38 771 2020 53 499 86 9 65 28 740 2021 66 567 138 16 66 44 897
Page 149 of 155 Dist 38 Current and 5‐Year Incident History For the Month of June Only
120 100
80
60 98 40 73 64 53 51 20 0 2017 2018 2019 2020 2021
Year AFA EMS Non‐Struc Fire Struc Fire MVA Other Total 2017 1 37 7 0 3 5 53 2018 1 55 7 0 3 7 73 2019 0 51 10 0 1 2 64 2020 2 32 8 0 6 3 51 2021 9 62 11 0 5 11 98
Year‐to‐Date Through June
450 400 350 300 250 200 412 349 341 150 325 298 100 50 0 2017 2018 2019 2020 2021
Year AFA EMS Non‐Struc Fire Struc Fire MVA Other Total 2017 16 229 36 9 24 11 325 2018 15 261 34 9 13 17 349 2019 8 255 52 5 9 12 341 2020 10 194 40 4 17 33 298 2021 25 279 50 6 17 35 412
Page 150 of 155 Issaquah Current and 5‐Year Incident History For the Month of June Only
600 500
400
300 481 200 414 337 321 334 100 0 2017 2018 2019 2020 2021
Year AFA EMS Non‐Struc Fire Struc Fire MVA Other Total 2017 27 247 27 7 16 13 337 2018 26 252 16 3 17 7 321 2019 58 303 26 3 16 8 414 2020 29 266 15 1 10 13 334 2021 90 304 58 4 13 12 481
Year‐to‐Date Through June
2400 2300
2200
2100 2351 2000 2232 2104 2046 1900 2041 1800 2017 2018 2019 2020 2021
Year AFA EMS Non‐Struc Fire Struc Fire MVA Other Total 2017 229 1535 102 26 85 64 2041 2018 175 1634 87 22 83 45 2046 2019 270 1826 106 20 73 56 2351 2020 236 1624 95 23 57 69 2104 2021 258 1682 141 18 69 64 2232
Page 151 of 155 North Bend Current and 5‐Year Incident History For the Month of June Only
100
80
60
87 40 73 80 62 65 20
0 2017 2018 2019 2020 2021
Year AFA EMS Non‐Struc Fire Struc Fire MVA Other Total 2017 7 68 6 3 0 3 87 2018 1 60 4 4 1 3 73 2019 7 44 7 0 2 2 62 2020 9 42 6 1 2 5 65 2021 3 63 9 0 2 3 80
Year‐to‐Date Through June
600 500
400
300 504 442 200 361 369 374 100 0 2017 2018 2019 2020 2021
Year AFA EMS Non‐Struc Fire Struc Fire MVA Other Total 2017 41 406 29 11 11 6 504 2018 27 288 19 10 9 8 361 2019 39 281 22 4 12 11 369 2020 41 274 25 4 8 22 374 2021 39 329 38 8 12 16 442
Page 152 of 155 Sammamish Current and 5‐Year Incident History For the Month of June Only
250
200
150 232 100 178 193 181 158 50
0 2017 2018 2019 2020 2021
Year AFA EMS Non‐Struc Fire Struc Fire MVA Other Total 2017 32 94 13 6 9 4 158 2018 24 127 10 4 6 7 178 2019 19 145 9 5 11 4 193 2020 26 123 14 3 8 7 181 2021 51 117 40 4 5 15 232
Year‐to‐Date Through June
1200
1150
1100
1050 1163 1111 1121 1074 1000 1035
950 2017 2018 2019 2020 2021
Year AFA EMS Non‐Struc Fire Struc Fire MVA Other Total 2017 179 756 78 28 35 35 1111 2018 159 719 56 21 41 39 1035 2019 158 787 67 22 42 45 1121 2020 134 745 85 14 30 66 1074 2021 174 769 110 24 24 62 1163
Page 153 of 155 Eastside Fire & Rescue Board Memo
To: Eastside Fire & Rescue Board of Directors From: Fire Chief Jeff Clark Subject: Mercer Island Interim Fire Chief Activity Summary Report - June
Attached is the monthly activity report for the Interim Fire Chief contract with Mercer Island. This report is presented in a summary table and not intended to be overly detailed or cumbersome to produce. There are four categories being tracked.
• Time physically spent in the Mercer Island Office • Work performed on Mercer Island Projects • Regional meetings attended (meetings I already attend but now represent both entities) • Mercer Island specific meetings
Should you desire further explanation or clarification please let me know.
Page 154 of 155 Eastside Fire & Rescue Board Memo
MIFD MIFD Regional MIFD Project MIFD Meeting Office Time Meeting Transport Fees 6/1/2021 document preparation Fire Alarm discussion Leadership meeting Staffing 6/2/2021 with FM Project Finalize Transport 6/3/2021 3 hours Labor/MGMT meeting Agenda Bill 6/4/2021 Telestaff Meeting with Peters 6/7/2021 Staffing Project 6/8/2021 Staffing Project Jessi 1:1 Fire Impacts fees with NORCOM governing 6/9/2021 3 hours Thomas & Bio Board Leadership 6/10/2021 3 hours Staffing Project 6/11/2021 NORCOM meeting Transport fees 6/12/2021 Staffing project 6/13/2021 Staffing Project Mornick/Wong and Reynolds 6/14/2021 3 hours FF Interview response Meet with Union President 6/15/2021 Council Meeting Prep Council meeting approved transport fees KC Fire Chiefs Assoc. General 6/16/2021 Meeting EMS Advisory Board Meeting 6/17/2021 Staffing Project 6/18/2021 Mid Management meeting 6/19/2021 Staffing Project 6/20/2021 Staffing Project 6/22/2021 3 hours Telestaff Codes Matheson Fireworks Discussion 6/23/2021 FM 6/24/2021 3 hours Prep for Hot Weather Fireworks announcement 6/25/2021 Operations prep Hot weather Operation 6/26/2021 updates Hot Weather 6/27/2021 Operation Updates Hot Weather 6/28/2021 Fireworks meeting Operation Updates Fireworks Ban 6/29/2021 1:1 Jessi implemented 6/30/2021 Staffing project 1:1 Jessi
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