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City of Vancouver, WA
Memorandum of Understanding relating to Interagency Personnel Transfers

Purpose. This agreement addresses the personnel implications of inter-agency personnel movements arising from annexation, consolidation or transfer of functions or other "qualifying events" pursuant to agreements between the City of Vancouver and Clark County. It is entered into to ensure that personnel displaced by such agreements are afforded reasonable opportunity to continue employment and some transfer of wages, rights and benefits from the former employment.

Principles. The City and County’s treatment of the personnel consequences of annexations, consolidations, transfers of functions and other interagency agreements is based on a number of overall principles and values concerning the equitable treatment of employees.

The agreement is entered into to facilitate and guide the redistribution of employees between the City and County. It is the goal of both agencies to preserve their autonomy and ability to fill other positions -- those created by expansion and attrition -- through normal channels and with agency goals in mind -- service delivery, workforce diversity, cost control and so forth. The special provisions herein represent a time-limited accommodation by the two agencies, recognizing their obligation to serve the same community, and, for a period of time, with pooled resources and substantial inter-agency cooperation.

Toward these goals, the following principles are agreed:

1. Within the limits of its needs and resources, the agency newly providing the service should provide employment to all employees formerly providing the service.

2. Every effort should be made to keep employees "whole" such that they move as "laterally" as possible, but within the confines of the new employer’s personnel policies and programs. The "keep whole" principle should not be applied where to do so would create inequities with the existing workforce.

3. Reciprocity should be the rule: treatment of employees moving from agency A to agency B should match treatment of employees going from agency B to agency A

4. Principles of equity should outweigh organizational or personal self-interest. Exceptions should not be made because any particular clause or provision works against a particular city interest, county interest, employee interest or union interest.

   Both employers will strive, and work closely together to develop policies and labor agreements that are in keeping with these principles and to avoid exceptions and special accommodations that may be contemplated or sought by any stakeholders in the process.

   Applicability. Although in the form of a Memorandum of Understanding between each of the employers and their labor organizations, the final agreement will become the policy of the City and County and thus will be applicable to non-represented employees, subject to any amendments made following agreement with the labor groups.

   Treatment of inter-agency personnel movements made voluntarily -- not due to annexation/consolidation -- will continue to be made through normal recruitment and hiring procedures of the two entities.

   Standing. This agreement has the standing of a collective bargaining agreement between each of the listed employers and their respective labor organizations as well as a policy agreement between the covered employers. The agreement satisfies the duty to bargain requirements of RCW 41.56 and constitutes a full agreement on such mandatory subjects of bargaining as are created from the organizational actions described above. The agreement supersedes any contradictory provisions of the policies of the respective employers and is considered an addendum to the individual collective bargaining agreements between the respective employers and labor organizations.

   Scope. This agreement addresses the following subjects:

   • The availability of positions to accommodate eligible employees.

   • Job classification implications, IE. the ability of employees to move "laterally" in terms of classification.

   • Employment qualifications and standards

   • Pre-employment testing and selection

   • Probationary periods and initial status, including grievance rights

   • Compensation

   • Insurance benefits: waiting periods, exclusions, transition arrangements

   • Seniority

   • Early Transfer Program (ETP) a program to facilitate voluntary personnel movements in advance of movement of positions.

   1. Definitions

   Qualifying Event (QE). An annexation, consolidation, transfer of functions or other inter-local agreement that will result in movement of positions and employees between the city and the county.

   Receiving Agency (RA). The agency assuming responsibility for the service, function or employees.

   Losing Agency (LA). The agency with prior responsibility for the service, function or employees.

   Displacement/displaced The elimination of a position and the layoff of an employee due to a qualifying event

   Eligible employee (EE). Employees eligible for employment with the receiving agency, based displacement via a qualifying event. Unless otherwise provided by this agreement, eligible employees will have received a formal notice of displacement. Once a layoff has been announced, employees who, based on seniority, are not subject to layoff may "volunteer to be laid off in place of an employee who is scheduled for layoff if permitted by section 4.1.

   Transfer Interagency personnel movements due to annexation, consolidation, transfer of functions and so forth are technically a separation from the former agency and a hire by the new agency. For the sake of simplicity this document uses the term "transfer" to denote the direct movement of employees from one jurisdiction to another, based on a qualifying event and subject to the provisions herein relative to pay and classification.

   Transferring employee (TE). Employees eligible for and receiving employment with the receiving agency under this agreement.

   Ineligible employee Employees moving to the employment of the other agency whose decision is voluntary, of their own initiation and who are not subject to displacement by a qualifying event under this policy.

   2. Funding/Staffing:

   2.1 The RA agrees to make every effort to provide employment for eligible employees. The specific classifications, levels and job assignments will depend on the RA’s determination of service level needs, revenue gains and losses to the RA and LA, available vacancies and such other considerations as are appropriate.

   2.2 Classification levels of the RA’s positions should approximate the classification levels of the displaced positions, but within the confines of the RA's job classification structure. For example, if an annexation displaces a supervisor, 2 lead workers and 5 line employees, the RA will endeavor to create -- or otherwise provide -- an equal number of positions and mix of classifications.

   2.3 Eligibility of EE’s for the positions with the RA shall be based on the RA’s classification which is appropriate to the duties and responsibilities held with the LA. For example, the City’s Senior Planner classification is equivalent to the County’s Planner II classification, therefore County Planner II’s would transfer as Senior Planners. Conversely, City Senior Planners would transfer as Planner II’s and would not be eligible to transfer as Senior Planners in the County structure. It is the work performed, not the classification title which governs eligibility.

   2.4 Specific classifications will conform to the RA's classification system; for example if the RA has no lead worker classification within a job family it would not be expected to create one.

   3. Qualifications

   3.1 EE’s will be accepted for transfer into available positions without regard to whether they meet the published requirements of the job classification with the RA; provided that they have been employed in the equivalent job classification with the LA and possess all state or federally required licenses, certifications or credentials.

   3.2 The RA is authorized access to pre and post employment records as necessary to determine eligibility within the limits of this agreement.

   3.3 Employees selected for transfer based on layoff may not be rejected by the RA based on performance appraisals or disciplinary history.

   3.4 The disciplinary records of TE’s shall transfer with them and may be considered by the RA in addressing future disciplinary problems. However, disciplinary records may only be transferred, maintained and considered as permitted by the applicable labor agreement or policy of the RA.

   4. Selection for layoff by the Losing Agency

   4.1 Selection of employees eligible for transfer would be based on the layoff provisions in the contract or policies, as applicable, of the LA. Employees may be selected for layoff based upon an initial selection or by being bumped. Employees who are not in jeopardy of layoff may volunteer for layoff to the extent allowed by the LA’s contracts and policies, and if so, will be considered EE’s under this agreement. These "volunteers" for layoff, however, are not subject to rejection based on their disciplinary history as indicated under section 3 above.

   4.2 Employees on leave shall be handled in accordance with the normal layoff procedures of the LA. They may not be barred from transfer to the RA based on a qualified disability under the ADA, LEOFF or PERS systems or the exercise of other rights protected by federal or state law, such as the FMLA.

   5. Selection Process within the Receiving Agency

   5.1 When there are less positions available than the number of eligible employees, the RA must consider employees laid off in order of seniority, that is the most senior employee would be considered first, using the definition of seniority in the LA’s labor agreement. For example if an annexation displaced employees with 6, 4 and 2 years of service, the 6 year employee would be considered for positions with the RA prior to the 4 and 2 year employees. Employees in a given classification who are not able to secure a position at that level with the RA will be considered for other vacant and available positions in lower classifications for which they are qualified.

   5.2 EE’s shall not be required to compete for positions. EE’s who meet the qualifications as provided in section 3 above shall be offered positions. EE’s shall not be required to pass pre-employment medical, agility, behavioral or polygraph examinations.

   6. Probationary periods and grievance rights

   6.1 Employees who have passed probation with the LA shall not be required to serve a new probationary period with the RA. This includes both original and promotional probationary periods.

   6.2 Transferring employees who are on probation shall serve the remainder of their the RA’s established probationary period (service credit toward completion of probation shall be transferred). They shall have the same degree of access to the grievance procedure for non-disciplinary matters as other probationary employees of the RA.

   7. Salaries. This section prescribes salary effects of transfers between employers. Its purpose is to balance the goal of keeping transferring employees "whole" while adhering to the legal and ethical principle of equal pay for equal work -- not continuing pay from the former employer where to do so would create inequities in relation to existing employees of the receiving agency.

   7.1 TE’s shall be appointed at the first (lowest) step in the salary range of the RA that equals or exceeds their former salary. That is, the step which avoids a pay reduction but minimizes the increase. EE’s whose salary exceeds the maximum base salary in the range shall be placed at the top step in the range and are not eligible for "red circling" of their salary with the LA. What is considered salary for this purpose is defined in section 7.3.

   7.2 TE’s shall be eligible for shift differential, incentive pay and other premium pay in accordance with the rules and policies of the RA.

   7.3 For the purposes of step placement under section 7.1, consideration of certain premium pay such as for education, longevity or work on holidays will depend on whether the RA offers or does not offer the same premiums for the same factor or purpose such as work on a holiday or longevity pay. If the RA has such a premium, the TE will have to qualify under the criteria of the RA’s program and the premium received from the LA will not be considered in the computation of salary under section 7.1. For example, if the RA offers additional pay based on longevity, the employee’s longevity premium will not be considered as regular salary and the employee will receive longevity pay, if eligible, under the terms of the RA’s rules and criteria. If the RA has no such premium and the TE would therefore "lose" this compensation via the transfer, the premium will be considered as salary under 7.1 and will be considered in determining the proper step placement.

   7.4 Other premiums specific to the job assignment or schedule with the former agency (such as shift differential) will not be considered for step placement purposes and the premiums will continue only if warranted by the employees shift or assignment with the new agency and in accordance with the terms of the policies or labor contracts of the new agency.

   7.5 The effect of participating or not participating in Social Security will be considered in determining step placements. For example, when a transfer is taking place causing an employee to have to begin making a FICA contribution, the "FICA effect" will be considered in making the step placement in such a way as to minimize the effect on take-home wages. Conversely, a gain in take-home caused by discontinuing FICA contributions will also be taken into effect.

   7.6 TE’s who were eligible for a future step increase with the LA and who are placed below the top of the range with the RA will be eligible to have the time served credited toward their next step increase with the RA. For example, an employee at step 3 of the LA range who is placed at step 4 of the RA range and who transfers three months before their next step increase was due would be considered for a step increase with the RA after three months.

   7.7 Notwithstanding the transfer of seniority or service credit, TE’s shall not be eligible for "grand fathered" pay and benefits programs which are restricted to employees hired prior to a certain date with the RA. For example an employee transferring with a service date of 1983 would not be eligible for a benefit which is limited to employees hired by the RA before 1984.

   8. Leave balances

   8.1 Vacation and "PDO". TE’s may transfer accumulated vacation, PDO or other "vested" type leave balances, up to the RA’s maximum allowable balance less six month’s worth of accrual. For example, if the RA allows balances up to 40 days and the employee will earn two days per month in the RA, they could transfer up to 28 days vacation. (40 days minus 12 day, half-year accrual). The LA must transfer funds equal to the value of the leave transferred. The value shall be computed at the leave’s payoff value with the LA..

   8.2 Sick Leave If provided by (and to the degree provided by) the policies/agreements of the LA, sick leave eligible for cash out on separation shall be cashed out by the LA. Accumulated sick leave which is not cashed out shall transfer with the employee, up to the RA’s allowable maximum accumulation. No inter-agency fund transfer is required for sick leave transfers.

   8.3 Compensatory time and floating holidays. Compensatory time and floating holidays will not transfer with the employee and will be paid upon separation consistent with the policies of the LA.

   9. Seniority Status

   9.1 Once employed by the RA, seniority shall be calculated and used as identified in the policies and agreements of the RA. However, TE’s shall receive credit for seniority based on combined, continuous service with the RA and LA for the following purposes, to the extent that seniority is considered for these purposes by the RA:
   • Accrual of paid leave

   • Scheduling of time off

   • Longevity pay

   • Bidding of shifts and assignments

   • Layoff selection, reassignment and bumping

   9.2 Upon transfer, it is understood that the computation of seniority will be based on the rules of the RA. For example, seniority may be computed by the RA based on service within the bargaining unit, department, job classification or agency. The intent of this section is that TE’s receive credit for service with the LA as if it had been acquired with the RA and consistent with the rules within the RA.

   9.3 Notwithstanding the transfer of seniority provided by sections 9.1 and 9.2, transferring employees will not be entitled to any salary and benefits provisions with the RA that represent "grand fathered" rights or benefits or two-tiered systems tied to hire date. For example, the County has certain vacation accrual schedules in place for employees hired before 1984. City employees transferred to the County would not be eligible for such programs, even if their City hire date was 1983 or earlier.

   10. Insurance Benefits

   10.1 TE’s will be eligible for coverage under the terms and conditions of the RA’s insurance benefit programs. Coverage with the LA will terminate the last day of the last month of employment with the LA and commence the first day of the following month with the RA. Consistent with state law, pre-existing condition exclusions and new employee waiting periods for medical/dental insurance coverage will not be required.

   11. Other Provisions

   11.1 Topics of negotiation between an agency and its labor organization(s) will be limited to wages, hours and working conditions, as defined by RCW 41.56, in/with that particular agency. Neither an agency nor its labor organization(s) has the authority to enter into agreements concerning wages, hours and working conditions affecting other agencies or bargaining units.

   11.2 Inclusion of permissive subjects of bargaining in this memorandum is solely for the purpose of codifying agreements between employers and is not to be construed as an agreement between the employer and the affected labor organization on the subject. Examples of these provisions including staffing level decisions by the RA and the transfer of funds relative to transferred leave balances.

   12. Early Transfer Program (ETP)

   12.1 Summary. The ETP is a special program designed to facilitate early transfer of City or County employees to positions with the other agency if they hold positions ultimately targeted for transfer or elimination. It provides that employees in "threatened" jobs and departments can move laterally to positions with the other entity up to one year in advance of the organizational action , without a competitive selection process and with the same handling of pay and benefits issues as would be applicable in a layoff situation.

   12.2 Eligibility for the ETP program is conditioned upon three factors; a qualifying event, the timing of the transfer and program eligibility based on the department and job classification in question:

   12.2.1 Qualifying Event (QE). An annexation, consolidation, transfer of functions or other inter-local agreement that will result in cause movement of positions and employees between the city and the county.

   12.2.2 Program Eligibility Eligibility is limited to employees in job classifications and departments slated for transfer to the other agency via a QE. Employees in job classifications or departments which are not affected are not eligible. Employees in affected job classifications who, by virtue of seniority, are not in danger of layoff are still eligible for the ETP program.

   12.2.3 Time Eligibility. Eligibility is limited to the 12 month period preceding a scheduled or anticipated QE.

   12.3 Scope. The ETP program is available to represented and non represented employees.

   12.4 Operation. The program is invoked in one of two ways:

   12.4.1. The RA has a vacant position available in a classification and department in which a transfer of positions via a QE is slated to occur within the 12 month eligibility period. The position may be a new position or one which is available through attrition.

   12.4.2 Positions may be made available through an early move of a position from the LA to the RA due to a vacancy. For example, if eight planner positions are to be created by the City on 01-01-00 due to annexation, and a vacancy occurs in the County on 03-01-99, the departments involved could agree to transition a position (one of the eight) early to the City, invoking the ETP. A position may be "moved" only if the LA agrees to transfer funding and to not refill the position.

   12.5 Transfer Eligibility

   12.5.1 When an ETP Position is available under the conditions above, it will be made available to (and only to) employees in the LA who are employed in the equivalent classification in the LA. Employee’s desiring to move "upward" to a position with the RA must do so by competitive examination. The ETP program is a lateral transfer opportunity.

   12.5.2 Exception: If the position with the RA is available on a stand-alone basis (a new position or one available through attrition) LA employees in qualifying departments in higher classification within the same job family are eligible. For example, a Sr. Office Assistant in County Community Development could apply for an OAII position in the City. However, both the County and City Department and job family must be one in which there is a slated transfer of positions due to a QE; annexation, transfer of functions, consolidation, etc. Movements between the agencies between department and positions which are not "threatened", e.g. regional services, may one be made through normal hiring practices.

   12.6 Selection by the RA

   12.6.1 The available ETP position will be posted within the applicable department(s) of the LA as an ETP opportunity. The posting period will be a minimum of 10 business days. All qualified and eligible employees with the LA may apply and the position will not be available to other employees of the RA, external applicants, or ineligible employees of the LA.

   12.6.2 If there is only one eligible and qualified candidate, the position shall be offered to that candidate provide the candidate meets all criteria for transfer listed in section 3 above.

   12.6.3 If there is more than one candidate, the RA may conduct a competitive selection process and hire the candidate considered most qualified for the position.

   12.6.4 If there are two or more candidates who are substantially equal in qualification, seniority, as defined by the RA’s labor agreements, rules or policies, will be used as a tie breaker. For the purposes of this section, qualifications shall include education, experience (amount and relatedness of each), specialized skills, knowledge and abilities, licenses, certificates or other credentials, test and interview scores in the selection process, reference checks and performance history with the LA.

   12.7 Pay and Benefits An employee who is appointed to a position with the RA under the ETP will receive all rights and privileges relative to salary, benefits and seniority that this agreement/policy extends to employees who are displaced or transferred via a qualifying event.

   13.0 Dispute Resolution

   13.1 Any dispute concerning the meaning or application of this agreement shall be resolved in accordance with the grievance procedure of the agreement between the affected agency (ies) and labor organization(s).

   13.2 Notwithstanding section 13.1, all affected parties shall be afforded the right to participate in and be a party to any settlement, amendment, modification or arbitration of any dispute or grievance concerning this agreement.

   14.0 Term and termination

   14.1 This Memorandum of Understanding shall be in full force and effect from December 1, 1996 through December 31, 2000, and shall continue in effect if renewed or extended by mutual agreement.

   14.2 Not more than 75 and not less than 60 days prior to December 31, 2000, either party may notify the other in writing of its desire to terminate or modify the Memorandum of Understanding; provided that an earlier commencement may be scheduled by mutual agreement.

   FOR THE COUNTY:	FOR THE JOINT LABOR COALITION:
   Dave Sturdevant Commissioner Clark County	Kirk D. Stanford Executive Assistant, Labor Relations Specialist O.P.E.I.U., Local #11
   Pat McDonnell County Administrator Clark County	Michael L. Richards Labor Relations Specialist, Organizer O.P.E.I.U., Local #11
   Steve Foster Human Resources Director Clark County	Don Wheeler Business Representative Machinist District Lodge #24
   FOR THE CITY:	Gary Wright Business Agent U.A. Plumbers & Pipefitters, Local #290
   Royce Pollard Mayor City of Vancouver	Kathleen Shelton Staff Representative W.S.C. of C. & C.E.
   Vernon Stoner City Manager City of Vancouver	Pat Thompson Staff Representative W.S.C. of C. & C.E.
   Mary Kaye Fisher Human Resources & Risk Services Director City of Vancouver	Terry Nelson Business Manager Teamsters #58
   	Karen Place Business Representative, I.F.P. & T.E. Local #17