RESOLUTION NO. 2014-Ji_ DECISION SETTLING WAGE IMPASSE WITH THE FRATERNAL ORDER OF POLICE

LODGE N0.3

SPONSORED BY COMMISSIONER ARCHER

WHEREAS, Shawnee Comity and the Fraternal Order of Police Lodge No. 3 (FOP)

have been in negotiations regarding wages for the 2014 budget year; and

WHEREAS, Shawnee County and the FOP reached an impasse in these negotiations and

invoked the impasse resolution procedures required by K.S.A. 75-4332; and

WHEREAS, a public hearing was held by the Board of County Commissioners on

March 3, 2014; and

WHEREAS, the Board of County Commissioners is required to settle the impasse

pursuant to K.S.A. 75-4332(f);

NOW, THEREFORE, The Board of County Commissioners of the County of Shawnee,

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

follows:

Introduction.

As required by State law, the Board of County Commissioners has reviewed the report of

the fact-finder, Chris Miller, and has made a decision regarding the impasse on wages for 2014

for the FOP bargaining unit. When resolving the impasse, we, the Board of County

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

the interest of the public employees involved. K.S.A. 75-4332(£). In order to explain our

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

decision.

The Financial Impact o[the 2008 Recession.

The financial impact of the 2008 national recession on state and local governments and

their budgets cannot be overstated. (Appendix, Tab 1). By most objective measures, the 2008

recession has been the worst recession since the Great Depression, and the 2008 recession has hit

state and local governments particularly hard. Nationally, this recession has caused state and

local government revenues to plummet, and those revenues would now have to grow at an annual

rate of 8.3% until 2019 to restore state and local government revenues to pre-recession levels.

(App., Tab 2). Furthermore, state and local government employment is now lower than private

sector employment relative to the start of the recession. (App., Tab 3).

In Kansas, local governments were not spared. Approximately seventy-five percent

(75%) of county government revenues are generated by property taxes. Most are familiar with

the basic property tax revenue formula: assessed valuation x mill levy = property tax revenue.

Therefore, as assessed property values rise, then property tax revenue also rises without changing

the mill levy. In the state of Kansas from 2001 to 2008, assessed property values rose at an

average annual rate in excess of 5%. (App., Tab 4). These annual increases provided county

governments a stable source of increasing revenues without the need to increase the mill levy.

After the 2008 recession, assessed valuations dropped across the State of Kansas significantly

below their pre-recession growth rates: 2009 (-2.60%), 2010 (-2.50%), 2011 (1.75%), and 2012

(1.35%). (App., Tab 4). The decline in assessed valuation after the recession has forced county

governments to make hard choices when budgeting: 1) cut spending (services), 2) raise property

taxes, and/or 3) spend down savings (known as "reserves").

Shawnee County's experience has been typical of other Kansas counties. From 2003 to

2008, county revenues grew each year although the mill levy generally remained steady. (App.,

Tab 5). This annual revenue growth allowed the County to provide increased services to the

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public, annual raises to County employees, and annual increases in its savings/reserves. (App.,

Tab 5). During this time the County's reserves grew at a steady rate from $3,275,047 at the end

of 2003 to $18,504,373 at the end of 2008. (App., Tab 5). Following the recession, County

revenues significantly declined. (App., Tab 5). In order to maintain services to the public and to

hold property taxes down, the County spent down its reserves. County reserves fell from

$18,504,373 at the end of 2008 to $13,495,280 at the end of 2009, and then fell again to

$6,886,398 at the end of 2010. (App., Tab 5). Following 2013, County reserves had recovered

slightly to $8,357,210. Following the recession, the County has cut spending in most

departmental budgets, has cut spending on social services, and provided no wage increases for

most County employees in the 2011 and 2012 budget years-all in an effort to bring County

expenditures in line with lower County revenues. County employees were provided raises in the

2013 budget year.

The 2014 Budget.

During the 2014 budget process County Department Heads and Elected Officials were

directed to submit budget requests based upon their 2013 budgets. Many of the departmental

budget requests were then cut by 5% to 10% in the final 2014 budget. (App., Tab 6). For

example, the Shawnee County Parks and Recreation budget was cut by $1,518,104 or 10% from

their 2013 budget. In conjunction with the cuts in Parks and Recreation and other departments,

no cut was made to the 2014 budget of the Sheriffs Office, and the Office of the District

Attorney received a 7.29% budget increase for 2014. These budget priorities were made to

emphasize public safety through the 2014 budget. Other hard decisions were made, however.

Allocations to social services and other programs were cut by a total of $980,397 or 16.69%

from their 2013 budget. No raises were budgeted for any County employees. As a result of the

final2014 budget, County employees were laid off in the following Departments: Audit-Finance,

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Health Agency, Human Resources, Parks and Recreation, and Register of Deeds. Finally, even

though all of these budget cuts and layoffs were made, a 3.984 mill levy increase was still

required.

Factors that will negatively atfoct future County budgets.

Once wage increases are approved, they must be built into future annual budgets. Each

budget year over half of the County's general fund expenses are related to personnel costs.

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

For example, for each eligible County employee the State requires the County to provide an

employer contribution to either KPERS or KP&F (the FOP). In 2003, the County's employer

contribution to KPERS was 3.07%. (App., Tab 5). The employer contribution for KPERS has

increased each year since 2003, more than doubling its 2003 rate to 8.84% in 2014. With

reference specifically to the FOP, the County's annual KP&F contribution has also more than

doubled from 10.2% in 2003 to 22.26% in 2014. (App., Tab 5). The County's employer costs

for health coverage for its employees steadily increased each budget year from 2008 through

2012, but did decline in 2013. Since the County pays its employee on a bi-weekly basis, the

County must also be mindful that the 2015 budget year will contain an extra pay period. Based

upon 2014 budget year payroll costs, the extra pay period in 2015 is estimated to cost the County

an additional $2,141,000.

Effective January 1, 2012, Shawnee County and the City of Topeka agreed to merge all

Parks and Recreation facilities and programs into one Department operated by the County. The

City and County also agreed that the City would assist the County in financing the operation of

the consolidated department. In order to do so, the parties agreed to use the City's $5,011,893

levy for Parks & Recreation as a baseline for the agreement. (App., Tab 7). In 2012, the County

received 80% of the 2011 City levy, or $4,009,514. In 2013 the County received 60% of the

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baseline. Under the agreement, then, the County receives approximately $1,000,000 per budget

year less from the City until the City's contribution drops to $0 in 2016.

Pending legislation also cannot be ignored by the County. Senate Bill 298 repeals the

Mortgage Registration Tax. This tax created approximately $2,550,000 in revenue for Shawnee

County in 2013. House Bill 2614 makes several substantive and procedural changes to the

Kansas Court of Tax Appeals. Some of the proposals contained in this legislation will result in

lower property tax revenues for counties. It now appears that these two bills will be passed in

some form this year. The County must consider the future impact of this specific legislation

along with the general legislative trend that has limited revenue sources for counties and has

increased unfunded mandates.

Finally, the County must note that virtually no one is predicting a return to the type of

revenue growth rates that state and local governments experienced prior to the 2008 recession.

We are now more than five years following the recession, and it is clear that county revenue

growth has been much lower and is expected to remain at lower rates for several years. This new

reality requires a new approach and a rebalancing of revenues and expenses in future County

budgets. The difficult decisions made in the 2014 budget last August resulted in the removal of

the "negative outlook" from the County's bond rating. (App., Tab 8). In addition to improving

the County's bond rating and lowering its costs to borrow, this recent, independent review of the

County's 2014 budget and finances acknowledges the difficult choices that the County has made

to "regain structural balance" between revenues and expenditures. This new "normal" of low

and negative revenue growth also makes it exceedingly difficult for the County to propose multi­

year labor contracts like those that were negotiated during the pre-recession era. When annual

revenue growth exceeded 5%, the County could and did negotiate multi-year employee contracts

with wage increases for its employees each year. During this same time, the County was also

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able to substantially increase its reserves and keep its mill levy steady. County revenues since

the 2008 recession have made it impossible to negotiate multi-year contracts with employee

raises without substantial offsetting cuts in other areas of the budget or substantial increases in

the mill levy, or both.

FOP pay history, Wage Comparability, and Turnover.

During the fact-finding and public hearings, the FOP presented the argument that their

members' work is dangerous and unique from the work of other County employees; therefore,

the FOP is essentially more deserving of wage increases than other County employees. We

understand and agree that members of the FOP do face unique circumstances and danger in their

work on a daily basis. We, along with all County taxpayers, appreciate the dedication and

professionalism of those who work in the Shawnee County Sheriff's Office. Members of the

FOP are not the only County employees, however, who face danger in service to the public. In

the last twenty years, two County employees of the Public Works Department have died while on

duty. Our Corrections Officers also face danger on a daily basis, and in the last five years a

Corrections Officer suffered serious injuries when he was thrown by an inmate over a railing and

onto a concrete floor several feet below. In 2012, a Parks employee suffered a traumatic leg

amputation as a result of a mowing accident. More grim examples can be provided. Literally

hundreds of County employees other than just those in the FOP are exposed to daily risk and

danger during their work and public service to the taxpayers of this County.

The pay history from 2003 to the present demonstrates that the FOP membership has

received better wage increases than all other groups of County employees. (App., Tab 9).

From 2003 through 2013, the FOP unit received step increase raises each year except 2012, and

then received two step increases in 2013. All other County employee groups received no step

increase raises in 2011 and 2012. Furthermore, the FOP unit has generally received higher scale

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change increases than other employee units each year over this same eleven year period. The

FOP unit has also received better wage increases than the other two largest units of employees­

classified employees and the Teamsters bargaining unit. (App., Tab 1 0). The average wage

increase for a member of the FOP bargaining unit has far exceeded the Consumer Price Index for

the Kansas City, MO Metro area over the same eleven year period. (App., Tab 11 ).

The FOP has presented a comparability study to argue for dramatic wage increases in

future County budgets. One major flaw in the FOP's study is the fact that there is no cost of

living adjustment made to the wages received by deputies in other jurisdictions, e.g., Johnson

and Douglas Counties. The County has reviewed a comparison of 2013 wages provided to

deputies in the top eight most populous counties in the State of Kansas, plus the wages provided

to City of Topeka Police Officers. (App., Tab 12). The wages of Shawnee County Deputies

compare favorably to the average-with or without cost of living adjustments. When cost of

living adjustments are made to the comparison, over Shawnee County's twenty year pay plan

Shawnee County deputies receive slightly lower than average pay in years 1 through 3, then

above average pay in years 4 through 18, and then fall slightly below average in years 19 and 20.

Turnover data can also provide useful information when considering the appropriate

wage rate for a group of employees. High turnover in an employee group can mean that wages

for that group are too low. Since the first quarter of2009, County employee turnover (separation

for any reason, e.g., resignation, retirement, layoff) has averaged 3.9%. (App., Tab 13). During

the same time, turnover in the FOP unit has averaged just 1.1 %. The turnover data and County

experience to date for the FOP simply does not support the notion that FOP members are

woefully underpaid.

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Decision.

With this background, we, the Board of County Commissioners, are required by law to

implement a resolution to the wage impasse between the County and the FOP. Our resolution is

limited to one year. Our decision is to remain at a zero scale change and no step increase for the

FOP bargaining unit for 2014. Attached to this decision as "Exhibit A" is a one-year contract

between Shawnee County and the FOP that contains all contractual provisions that were

negotiated and agreed between the parties plus our decision regarding wages for 2014. This

document shall serve as the 2014 "contract" between the parties.

BOARD OF COUNTY COMMISSIONERS

ICE

8

DATE:

TO:

March 3, 2014

Shawnee County DEPARTMENT OF HUMAN RESOURCES

Jon Thummel, Director 200 SE ih, Room 8-28 Topeka,Kansas 66603 Phone: (785) 251-4435

Fax (785) 251-4901, www.snco.us

MEMORANDUM

Board of County Commissioners

FROM: Jon Thummel: Director of Human Resources r 2014 FOP Executive Summary RE:

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

Please let me know if you have any questions.

• Section 1.4: Definitions

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

• Section 4.7: Assignment of President and Chief Steward of the Labor Council

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

Shawnee County DEPARTMENT OF HUMAN RESOURCES

• Section 10.8: Promotions

Jon Thummel, Director 200 SE th, Room B-28 Topeka,Kansas 66603 Phone: (785) 251-4435

Fax (785) 251-4901, www.snco.us

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

• Section 12.2: K-9 Officers

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

• Section 30.3: Uniforms Upon New Plainclothes Assignment

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

• Section 30.4: Annual Plainclothes Allowance

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

• Section 33.2: Discipline Steps/Offenses

The steps of progressive discipline will be changed to:

1. Written Warning Level One; 2. Written Warning Level Two; 3. Written Warning Level Three; 4. Suspension (Not to exceed thirty (30) calendar days); 5. Termination.

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

• Section 43.1: Duration

Shawnee County DEPARTMENT OF HUMAN RESOURCES

Jon Thummel, Director 200 SE ih, Room B-28 Topeka, Kansas 66603 Phone: (785) 251-4435

Fax (785) 251-4901, www.snco.us

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

Exhibit A MEMORANDUM OF UNDERSTANDING

By and Between

The Board of County Commissioners of Shawnee County, Kansas

and

Fraternal Order Of Police, Topeka, Lodge No. 3

For Calendar Years 2014

TABLE OF CONTENTS PAGE

SECTION 1.0 PURPOSE AND INTENT 3 1.1 Purpose of Agreement 3 1.2 Excellence in Service 3 1.3 Cooperative Relations 3 1.4 Definitions 3

SECTION 2.0 SCOPE OF THE AGREEMENT 9 2.1 Appropriate Unit 9 2.2 Agreement Exclusive 9

SECTION 3.0 NO STRIKES/NO LOCKOUTS 11 3.1 No Strikes/No Lockouts 11

SECTION 4.0 RECOGNITION 13

SECTION 5.0

SECTION 6.0

SECTION 7.0

SECTION 8.0

SECTION 9.0

FOP

4.1 Classifications Covered 13 4.2 Exclusions 13 4.3 Employees Authorized to Conduct FOP Business 13 4.4 FOP Contract Negotiators 14 4.5 FOP Business During Working Hours 14 4.6 Conferences 14 4. 7 Assignment of President and Chief Steward 14

of the Labor Council

BULLETIN BOARD 15 5.1 FOP Bulletin Boards 15

CHECKOFF 17 6.1 Checkoff 17 6.2 Hold Harmless 17

MANAGEMENT RIGHTS 19 7.1 Rights Retained 19 7.2 Obligation to Uphold Agreement 19 7.3 Management Rights 19

SENIORITY 21 8.1 Agency Seniority Defined 21 8.2 Seniority Non-Accrual 21 8.3 Rank Seniority/Equal Seniority 21 8.4 Seniority and Rehire 21 8.5 Seniority Lists 21 8.6 Current Lists 22 8.7 List in Each Section 22

LOSS OF SENIORITY 23 9.1 Loss of Seniority 23

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SECTION 10.0 STAFFING 25 10.1 New Hire Probation 25 10.2 Vacant Positions 25 10.3 Shift/Squad Bidding 26 10.4 Rosters 26 10.5 Layoff 27 10.6 Minimum Staffing 27 10.7 Competency Assessment Period 28 10.8 Promotions 28 10.9 Drug Enforcement Unit 28

SECTION 11.0 WORK SCHEDULE 29 11.1 Schedules 29 11.2 Workweek/Work Day 29 11.3 Pay Period 29 11.4 Breaks 29 11.5 Jury Duty 29

SECTION 12.0 WAGES 31 12.1 Wage Scale 31 12.2 K-9 Officers 31 12.3 Spanish Proficiency 31 12.4 Field Training Officer 31 12.5 Out of Class Pay 32 12.6 Credit of Previous Years of Experience 32

SECTION 13.0 OVERTIME 35 13.1 Wage Payment 35 13.2 Overtime Rate 35 13.3 Overtime Assignment 35 13.4 Call Back and Court Time 35 13.5 Call Back Pay 35 13.6 Call Back Minimums 35 13.7 Call Back Duty Commencement 36 13.8 County Owned Vehicle Maintenance 36 13.9 County Owned Vehicle and Emergency Calls 36 13.10 Prisoner Transports 36 13.11 Overtime Pre-approval 36 13.12 Workweek 36

SECTION 14.0 TRAINING ASSIGNMENTS 37 14.1 Training/Conferences 37 14.2 Training Notification 37

SECTION 15.0 CONFLICTS OF INTEREST 39 15.1 Outside Employment 39

FOP - ii -

SECTION 16.0 LEAVE OF ABSENCE 41 16.1 Procedure 41 16.2 Benefits During LOA 42 16.3 FMLA 42 16.4 LOA and Outside Employment 42 16.5 Shared Leave 42 16.6 Trade Days 42

SECTION 17.0 MILITARY LEAVE 43 17.1 Military Leave 43 17.2 Orders/Pay Stub Required . 43 17.3 Officer Reserves 43

SECTION 18.0 VACATION LEAVE 45 18.1 New Hire Probationary Period 45 18.2 Vacation Leave Accrual Rates 45 18.3 Loss of Vacation 46 18.4 Vacation and Termination of Employment 46 18.5 Vacation Schedules 46 18.6 Vacation Outside of Selection Period 46 18.7 Vacation Denial 46 18.8 Death of Employee 47 18.9 Vacation Pay 47 18.10 Personal Leave Day 47

SECTION 19.0 HOLIDAY LEAVE 49 19.1 Holidays Observed 49 19.2 Holiday Pay 49 19.3 Vacations and Holiday 50 19.4 Holidays and Irregular Weekends 50

SECTION 20.0 SICK LEAVE 51 20.1 Accrual Rate 51 20.2 Sick Leave Pay 51 20.3 Sick Leave Use 51 20.4 Sick Leave Reporting Time 51 20.5 Sick Leav~ Payment 52 20.6 Sick Leave Physician's Statement 52 20.7 Immediate Family Definition 52 20.8 Sick Leave Accrual on Pay Stub 52 20.9 Sick Leave Bonus 52 20.10 Attendance Bonus 53

SECTION 21.0 BREAVEMENT LEAVE 55 21.1 Leave 55 21.2 Pay 55 21.3 Outside Employment 55 21.4 Vacation 55

FOP - iii-

SECTION 22.0 DISABILITY LEAVE 57 22.1 On the job Injuries 57 22.2 ·Death in the Line of Duty 57 22.3 Waiver of Use of Accrued Sick Leave 57 22.4 Outside Employment 58 22.5 Inability to Perform a Major Life Activity 58 22.6 Seniority 58

SECTION 23.0 EMERGENCY LEAVE 59 23.1 Procedure 59

SECTION 24.0 COMPENSATORY LEAVE 61 24.1 Compensatory Maximum Accrual 61 24.2 Accumulation Rate 62 24.3 Hours Over Maximum Accrual 62 24.4 Payment at Separation 62 24.5 Compensatory Time Noted on Pay Stub 62

SECTION 25.0 STANDBY STATUS I AND ON CALL STATUS 63 25.1 Standby Status 63 25.2 Effectively Restricting Definition 63 25.3 Standby Pay

SECTION 26.0 SUSPENSION OF LEAVE 65 26.1 Emergency Declaration 65

SECTION 27.0 LEGAL COUNSEL 67 27.1 Legal Representation 67 27.2 Liability 67

SECTION 28.0 RETIREMENT 69 28.1 KP&F 69 28.2 Retirement 69 28.3 Service Weapon 69

SECTION 29.0 INSURANCE 71 29.1 Health Insurance 71 29.2 Other Insurance 71

SECTION 30.0 UNIFORMS 73 30.1 Uniforms Defined 73 30.2 Footwear 73 30.3 Uniforms Upon New Plainclothes Assignment 73 30.4 Annual Plainclothes Allowance 74

FOP - iv-

SECTION 31.0 SAFETY AND SANITARY CONDITIONS 75 31.1 Facilities 75 31.2 First Aid 75 31.3 Safety Equipment 75 31.4 Vehicles 75 31.5 Unsafe Vehicles 75 31.6 Vehicle Accidents 76 31.7 Body Armor 76 31.8 Hair 76 31.9 Special Assignments 76 31.10 Inoculations 76

SECTION 32.0 RESIGNATIONS 77 32.1 Resignation 77 32.2 Failure to Give Proper Notice 77 32.3 Return of County Property 77 32.4 Seniority Broken by Resignation 77

SECTION 33.0 DISCIPLINE PROCEDURE 79 33.1 Discipline for Just Cause 79 33.2 Discipline Steps/Offenses 79 33.3 Disciplinary Action 80

SECTION 34.0 GRIEVANCE PROCEDURE 83 34.1 Grievance Procedure 83 34.2 Grievance Contents 83 34.3 Time Limits 84 34.4 Grievance Steps 84 34.5 Expedited Grievance Procedure 85

SECTION 35.0 ARBITRATION PROCEDURE 87 35.1 Arbitration of Grievance and Selection of Arbitrator 87 35.2 Hearing 87 35.3 Costs 87 35.4 Transcripts 88 35.5 Decision of Arbitrator 88

SECTION 36.0 RESIDENCY 89 36.1 Residency Requirement 89

SECTION 37.0 COURT APPEARANCES 91 37.1 Court 91 37.2 Retention of Mileage 91

SECTION 38.0 SEPARABIL TY OF AGREEMENT 93 38.1 Separability of Agreement 93

SECTION 39.0 WAIVER OF BARGAINING DURING AGREEMENT TERM 95 39.1 Waiver Of Bargaining During Agreement Term 95

FOP - v-

SECTION 40.0 NONDISCRIMINATION CLAUSE 97 40.1 FOP Nondiscrimination 97 40.2 County Nondiscrimination 97

SECTION 41.0 DRUG TESTING 99 41.1 Policy and Procedure 99 41.2 Identifying and Documenting Reasonable Suspicion 102 41.3 Mandatory Testing 103

SECTION 42.0 BILL OF RIGHTS 105 42.1 Personal Information 105 42.2 Right to Examine Personnel File 105 42.3 Personnel File 105 42.4 Constitutional Rights/Representation 105 42.5 Complaint Notification - 106 42.6 Right of Representation 106 42.7 Reasonable Times 106 42.8 Insubordination Charge 106 42.9 Recording of Interview/Interrogation 107 42.10 Right to Documentation 107 42.11 Searching of Property 107 42.12 No Retaliation 107 42.13 Adverse Information 107 42.14 Polygraph Test 108 42.15 Political Activity 108 42.16 Witness for Corrective or Disciplinary Proceedings 108 42.17 Psychological or Psychiatric Examination 109 42.18 Civilian Employees 109 42.19 Critical Incident 110

SECTION 43.0 DURATION OF AGREEMENT 111 43.1 Duration 111

FOP -vi-

The BOARD OF COUNTY COMMISSIONERS acting for the County of Shawnee, State

of Kansas shall be hereinafter referred to as the "County" or the "Employer" and the

FRATERNAL ORDER OF POLICE, TOPEKA, LODGE NO. 3 shall be hereinafter

referred to as "F.O.P."

FOP Page 1

FOP Page2

SECTION 1.0

PURPOSE AND INTENT

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

provisions and conditions of employment, and to promote orderly and peaceful labor

relations for the mutual interest of the County, the Sheriff, the officers and the F.O.P.

Lodge No.3.

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

Shawnee County and the job security of the officers depends upon Sheriff's Office

success in establishing a proper service to the citizens of Shawnee County.

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

encourage, to the fullest degree, friendly and cooperative relations between their

respective representatives at all levels and among all officers.

1.4 Definitions:

FOP

ALLOCATION: The assignment of an entire classification to a pay range based

on the duties assigned.

ANCILLARY DUTIES: Duties that are temporary or periodic in nature and

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

ANNIVERSARY DATE: The date (month and day) an employee is appointed to

a permanent position in the class in which he/she is currently employed.

Promotions and demotions shall establish a new anniversary date subject to

Union contract provisions. Anniversary dates are used to establish length of

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

Page 3

FOP

APPOINTING AUTHORITY~ An elected official, or appointed agency/department

head authorized by the Board of County Commissioners to make

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

charge. Commonly used to denote both appointed department heads and

elected officials.

BARGAINING UNIT: A group of employees whose positions have been grouped

into a classification, or group of classifications, with a commonality of interest,

organized and represented by a recognized labor union.

BENEFITS (FRINGE): Indirect compensation including, but not limited to:

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

CLASS: A grouping of similar positions having common duties and

responsibilities and meeting the same qualifications.

CLASS TITLE: The official position title used for all personnel, budgetary and

payroll processes. Working titles may be used for all other purposes.

CLASSIFICATION PLAN: The listing of all classes by standard class titles with

compensation ranges, the class specifications, the allocation records and the

regulations for administering and maintaining the same.

CLASSIFIED POSITION: A position that has been allocated to a specific class

and wage range in accordance with and subject to the Policy Manual and

implementing practices. Employees in classified positions have due process

rights to the position. Classified positions are normally, but not always,

management or supervisory positions and are not covered by a County

bargaining unit.

Page4

FOP

COMPENSATION: The total amount of salary or wages received by an employee,

as per the compensation plan, and any other allowance, or award exclusive of

fringe benefits.

COMPENSATORY LEAVE: Compensatory leave is accrued leave in place of

paid overtime. Compensatory time is accrued at the rate of one and one-half

(1.5) times the number of hours worked in lieu of overtime. Compensatory time

must be offered and accepted, and the compensatory time form completed and

signed 1n advance of working the hours. The Shawnee County

Overtime I Compensatory Time Request form is available on the Shawnee

County lntraweb, HR Forms page.

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

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

DISCIPLINE: Any action taken by a management or supervisory person towards

an employee with the objective to teach the employee to obey rules or accept

authority. Normally discipline is not used for performance issues, but rather used

in cases of inappropriate behavior.

ELECTED OFFICIAL: An individual duly elected in a certified Shawnee County

election to serve in an official capacity.

FULL-TIME POSITION: A permanent position requiring two-thousand and

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

IN PAY STATUS: Those personnel using accrued vacation, sick leave, shared

leave, jury/witness leave, funeral leave, compensatory time, or performing duties

for Shawnee County are considered in pay status.

Page 5

FOP

NON-EXEMPT POSITION: An employment position that is required to be paid

overtime under the Fair Labor Standards Act. Non-exempt positions are paid an

hourly wage.

OUT OF CLASS PAY: A higher level of compensation resulting from an

employee being required to temporarily perform the work of a classification or

position assigned to a higher salary range than that of the employee's regular

classification.

POSITION: Any approved employment in Shawnee County service that requires

the full or part-time employment of one (1) person; or stated in another manner, a

position is a collection of duties and responsibilities assigned by competent authority

to one (1) person. The Board of County Commissioners must approve employment

positions.

PROBATIONARY PERIOD: The time an employee is subjected to testing, trial

or evaluation to determine ability for a position. Probationary periods can be

associated with a new hire or a promotion.

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

one (1) class to a position in another class having a higher wage range.

RANGE (WAGE): The range of compensation for a specific occupational class,

from entrance step to maximum step, signified by a numerical designation.

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

STATUS: An employee's status may be permanent, temporary, or intermittent,

regular or probationary; full or part time.

STEP INCREASE: Longevity advancements within a wage/salary schedule,

normally given on an annual basis on an employee's anniversary date.

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FOP

TRANSFER: The reassignment of an employee from a position of one (1) class to a

position in the same or another class in a different department having the same salary

range.

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

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SECTION 2.0 SCOPE OF THE AGREEMENT

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

County Sheriff's Office and the appropriate bargaining unit ~s defined in this Agreement.

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

exclusive Agreement between the parties covering Employee-Employer relations,

provided however that any County resolution or policy regarding personnel other than

that contained in this Agreement that does not conflict with this Agreement shall remain

in full force and effect regarding this collective bargaining unit. No new or modification

of County resolution or policy implemented after the effective date of this Agreement will

be of any force or effect during the contract term unless the parties agree to its

applicability. The County and F.O.P. agree to continue existing employee benefits and

practices which relate to working conditions or the collective bargaining relationship,

and which practices are unequivocal, clearly enunciated and acted upon, and readily

ascertainable over a reasonable period of time as a fixed, established and accepted ·

practice by both parties, even though such practices are not specifically referred to in

this Agreement; provided, that continuance of any such benefit shall be consistent with

the management's ability to conduct business as stated herein. The parties agree that

for the purpose of this agreement, authority to bargain for health insurance and related

benefits will be delegated to the F.O.P. representative on the insurance committee.

Because the County is self-insured for health insurance benefits, if the Board of

Shawnee County Commissioners deems it no longer necessary to maintain the

insurance committee, the bargaining unit will receive the standard benefit afforded all

Shawnee County employees.

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SECTION 3.0

NO STRIKES/NO LOCKOUTS

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

officers are essential to the public health, safety and welfare of the County. During the

term of this Agreement, officers will not engage in a strike, work stoppage, slowdown,

sit-in, sick-out or other interference with the County's operations. Likewise, the County

agrees that during the term of this Agreement, there shall be no lockouts.

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FOP Page 12

SECTION 4.0

RECOGNITION

4.1 Classifications Covered. The Public Employees Relation Board had certified the

F.O.P. Lodge No. 3 as the exclusive bargaining agent for all officers listed in the

following classifications:

Deputies

Corporals

Detectives

Sergeants

4.2 Exclusions. The following job classifications shall be excluded from the

bargaining unit:

Sheriff

Undersheriff

Major

Captains

Lieutenants

Office Assistant I, II Ill, Special Deputy

Account Clerk I, IIIII

Mechanics

All Other Non-Civil Service Employees

4.3 Employees Authorized to Conduct FOP Business. Within thirty (30) calendar

days from the effective date of this Agreement, the F.O.P. President will communicate,

in writing, to the Sheriff and the County's Director of Human Resources the names of

seven (7) members of the bargaining unit who are authorized to conduct F.O.P.

business. Each of these individuals may conduct F.O.P. business during their regular

working hours, provided it does not interfere with normal operations of the Sheriff's

Office. All subsequent appointments and/or removals will likewise be communicated in

writing within ten (10) business days.

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

the next collective bargaining Agreement, the F.O.P. President will communicate in

writing to the Sheriff and the County's Director of Human Resources the names of five

(5) members of the bargaining unit who shall serve as contract negotiators. Such

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

per week.

4.5 FOP Business During Working Hours. Any officer who holds an office with

F.O.P. Lodge No. 3 shall be allowed to attend Lodge meetings, conduct FOP business

and serve as contract negotiators while on duty and shall be paid for their time in

attendance provided such duties do not interfere with the normal operations of the

Sheriff's office. When employees are conducting FOP business while on duty, they

shall notify a non bargaining unit supervisor.

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

attend the following Lodge conferences:

a. State Conference

b. State Board

c. National FOP Conference

4.7 Assignment of President and Chief Steward of the Labor Council. In the event

the President (or President-Elect) and Chief Steward of the Labor Council of the FOP

Lodge is a member of the bargaining unit and is assigned to anything other than day

shift, the member(s) shall, at the member's request, be assigned to the day shift without

regard to seniority for the duration of his/her term of office as long as the reassignment

does not adversely impact staffing levels as determined by the Sheriff. The assignment

may occur when an opening exists on the shift or at implementation of shift bid. When

the employee's term of office with the FOP lodge has ended, that employee may be

reassigned to a shift at the Sheriff's discretion until the next shift bid.

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SECTION 5.0

BULLETIN BOARD

5.1 FOP Bulletin Boards. The County will provide bulletin boards for use by the

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

the F.O.P. for notices of F.O.P. business and events.

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SECTION 6.0

CHECKOFF

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

month from the pay of those officers who individually request in writing that such

deductions be made. The amounts to be deducted shall be certified to the County on

the F.O.P.'s official checkoff authorization form and the aggregate deductions of all

officers shall be remitted together with an itemized statement to the F.O.P. within ten

(1 0) business days after close of the payroll period wherein such deductions were

made. The officer may withdraw such authority only in writing and only within the time

limits set out in the official checkoff authorization form.

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

against any and all claims, demands, suits, orders, judgments or other forms of liability

that shall arise out of, or by reasons of, action properly taken or properly not taken by

employer under this Section, dealing with checkoff, including but not limited to

indemnification in the following instances:

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

court or an administrative body and it is determined that the County must pay such

sums as have been deducted from earnings in accordance with the provisions hereof or

any other damages, the F.O.P. agrees to indemnify the County in full, including any and

all cost or interest which may be a part of such order or judgment, for all sums which the

County has been determined to be liable.

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

challenging the validity of the provisions of this Section or any deductions from earnings

made pursuant thereto, in which the County is named as the defendant, the F.O.P.

agrees that it will indemnify the County in full for reasonable attorney fees necessary to

defend the interests of the County as a defendant in such action.

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FOP Page 18

SECTION 7.0

MANAGEMENT RIGHTS

7.1 Rights Retained. The Employer possesses the sole right to operate County

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

Agreement and applicable law. It is agreed that, except as specifically delegated,

abridged, granted or modified by this Agreement or applicable law, all of the rights,

powers and authority the County had prior to the signing of this Agreement are retained

by the County and remain the exclusive right of management. It is understood and

agreed that the County does not have the right to unilaterally change any term or

condition of employment regardless of whether that term or condition is specifically set

out in the Agreement.

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

officers, members, representatives, agents or committees; shall engage in any subterfuge

of any kind for the purpose of defeating or evading the terms or intent of this Agreement.

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

of responsibility must be reserved to management if the public service mission of the

County is to function effectively and efficiently. Unless specifically modified by any

subsection of this Agreement, Management reserves the right to:

a. Direct the work of the officer;

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

the public agency;

c. Maintain the effectiveness, productivity and efficiency of governmental

operations;

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

subject to grievance and arbitration procedures included within this Agreement;

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

emergencies;

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f. Determine the methods, schedules, means and personnel by which

operations are to be carried on.

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SECTION 8.0

SENIORITY

8.1 Agency Seniority Defined. Agency seniority within the Sheriff's Office is

determined by the date of hire by the Shawnee County Sheriff's Office as a civil service

deputy to a full time position.

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

employment with the County.

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

date of an officer's most recent assignment to rank. If two (2) or more officers are

promoted on the same day, rank seniority will be determined by date of hire. Seniority

shall be determined by lot in each instance when date of hire seniority is an issue. The

term seniority, when used in this agreement, shall refer to rank seniority, unless

specifically stated otherwise.

8.4 Seniority and Rehire. In the case of rehiring a former officer, the officer's

previous date of hire on a full-time basis to a bargaining unit position shall be

recognized as agency seniority, provided the officer has applied for re-employment

within ninety (90) calendar days of separation from employment and is rehired under the

provisions of the Civil Service rules and regulations, and time away from employment

with the agency is deducted. If the officer has not applied for re-employment within

ninety (90) calendar days of separation from employment, seniority will by broken by

resignation and if subsequently rehired, Section 32.4 will apply in calculating seniority

allocation.

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

F.O.P. and posted on the F.O.P. bulletin board on June 1 of each year and revised each

thirty (30) calendar days as necessary to keep current while this Agreement is in effect.

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The seniority list shall show the names, job titles or rank and the date of hire of all

officers in order of their seniority.

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

County to the F.O.P. on June 1 of each year and shall be revised each thirty (30)

calendar days as necessary to keep current during the term of this Agreement. This list

shall reflect the names, job titles, rank of each officer and the date of rank assignment in

order of their assignment within each rank.

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

the County to the F.O.P. and posted on the F.O.P. bulletin board within each section on

June 1 of each year and revised each thirty (30) calendar days as necessary to keep

current during the term of the Agreement. The list shall reflect the date each officer

within each section was assigned to the section in order of their assignment to the

section with the rank of each officer.

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SECTION 9.0

LOSS OF SENIORITY

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

officer's separation from employment for whatever reason, including retirement, subject

to reinstatement as otherwise provided in Section 8.4.

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FOP Page 24

SECTION 10.0

STAFFING

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

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

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

Any absence in excess of twenty-one (21) consecutive calendar days will not count

toward the officer's probationary period.

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

this section, all vacant positions in the patrol, warrants, process, and court security units

shall be filled on a strictly seniority bid basis. All other vacant positions/assignments

shall be filled by the Sheriff at the recommendation of the selection committee as

described below in subsection (a). The selection committee shall submit a ranked list to

the Sheriff. The Sheriff shall fill the vacant position with one of the top three names

provided. The candidate's ranking will be provided if requested to the candidate. All

vacancies shall be posted throughout the agency for fourteen (14) calendar days and

shall be filled within thirty (30) calendar days thereafter.

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

security, the Sheriff shall direct the selection committee to convene for interviews. The

selection committee shall consist of the Sheriff or his/her designee, the division

commander over the section where the vacancy exists, or his/her designee, and one

other person designated by the Sheriff or his/her designee. The Chief Steward of the

SNSO bargaining unit, or his/her designee, shall be allowed to sit in during the

interviews conducted by the selection committee and observe the selection process.

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

The selection committee shall consider the applicant's seniority, experience, training,

education, and ability to perform the position for which application was made in making

the selection to fill the vacant position. Ancillary duties may be assigned to any qualified

Bargaining Unit member at the Sheriff's discretion.

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

Sheriff deems necessary to facilitate the training process.

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

made available for contractual bid shall be made available and posted for bid in

accordance with this section when the probationary officer filling the position attains

permanent status, unless the now permanent officer vacates the position and it is filled

with another officer on probation.

d. Promotions to Detective. The Employer shall appoint employees to the

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

section.

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

Agreement will be allowed to bid for shift and squad assignments and will be assigned

to the respective shift and squad on a bid basis considering their "rank" seniority within

the time limits specified above. Rosters listing the number of positions per rank

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

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

November 15 unless a vacancy is created as a result of a newly created position,

termination, death, resignation or promotion. In that event, bids shall be made within

five (5) business days from the date posted. Each shift assignment schedule shall be

posted by April 1, August 1 and December 1 of each year, identifying the shift

assignments for each officer. The shift assignment shall become effective on May 1,

September 1 and January 1 of each year. Officers who are unable to bid at the

appointed time because of sick leave, vacation leave or other valid reasons will be given

the opportunity to bid for shift preference. The Sheriff, or his or her designee, shall have

the right to alter or modify shift assignments temporarily, for a period not to exceed thirty

(30) calendar days, in the case of emergencies or manpower shortages not caused by

management. Work hours shall not be adjusted to avoid the payment of overtime.

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

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

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Chief Steward (in accordance with Section 4.3 hereof), the County's Director of Human

Resources a roster of all employment positions within the Sheriff's Office and the

classification budgeted therefore with the name of the person then filling the position.

Such permanent changes as occur in said roster shall be likewise provided by the

Sheriff within ten (1 0) business days.

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

necessary for the efficient and economical operation of the agency. Before a layoff may

occur, the Sheriff shall furnish the F.O.P. with a list of the proposed changes and the

reason(s) for such changes at least thirty (30) calendar days in advance. Officers

selected for layoff may exercise their agency seniority to replace a less senior officer in

any equal or lower rank not affected by the layoff. If not immediately qualified, such

officer shall be provided a training period of at least six (6) months. All officers shall be

offered their former position I rank as it becomes available in inverse order of the layoff.

Officers on layoff shall furnish the Sheriff's Office with a current home address and

telephone number, if changed, after the layoff.

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

eliminated, shall be allowed to exercise their seniority to bump into any position for

which the officer possesses the seniority, experience, qualifications, and fitness, except

that any officer can use their seniority to bump into patrol, warrants, process, or court

security. Any officer(s) who are displaced as a result of this subsection shall be offered

their previous primary position, job or classification if or when it becomes available.

10.6 Minimum Staffing. In the interest of the public, as well as officer safety, the

following minimum staffing levels will be followed: first, second and third shift patrol shall

have no less than five (5) officers on duty (not counting officers in the F.T.O. Program or

reserve officers), including supervision.

Any time that staffing goes below the mandatory minimum staffing more than two

(2) hours before the end of a shift, the division captain or his/her designee shall assign

FOP Page 27

officers to work to meet the mandatory minimum levels. The officers who are assigned

to work will be paid according to Section 13.0 of this Agreement.

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

shall be provided a one (1) year competency assessment period during which he/she

may be removed for just cause.

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

Civil Service Board adopted by the County Commission at the time this agreement is

signed unless agreed otherwise.

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

Unit will be made at the discretion of the Sheriff.

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SECTION 11.0

WORK SCHEDULE

11.1 Schedules. The determination of starting times and work schedules shall be

made by the Sheriff or designee. In the event of any change in work schedule, at least

seven (7) calendar days written advance notice of such change shall be posted and

sent to the officer whose schedule is changed and the officer shall be given at least

seven (7) hours off between the beginning and ending of the shifts. Shift change shall

not be made for disciplinary reasons. Such seven (7) day written notice may be waived

if signed by the officer.

11 .2 Workweek/Work Day. For the purpose of this Agreement, a workweek shall

consist offorty (40) hours worked on consecutive calendar days except for personnel

who may be assigned by the Sheriff to work on alternative work schedules. A normal

workday for all personnel shall consist of eight (8) hours, including the thirty-five (35)

minute meal period. Nothing herein shall limit the right of the Sheriff, or designee, to

prescribe alternative work schedules provided reasonable written notice is given to the

officer so assigned.

11.3 Pay Period. For the purpose of this Agreement, a pay period shall consist of

fourteen (14) calendar days.

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

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

during the eight hour shift and shall not be used in conjunction with each other. Both

rest periods and the meal period shall be paid time.

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

officer not normally assigned to first shift will be assigned on a temporary basis to first

shift for the duration of required jury duty. The pay for the jury duty shall be turned over

to the County and the officer on jury duty shall receive pay while on jury duty for the

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scheduled hours normally worked. All hours normally worked by an officer while on jury

duty shall be counted as time worked for purposes of overtime.

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SECTION 12.0

WAGES

12.1 Wage Scale.

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

employees shall be paid in accordance with the attached pay schedule titled "FOP 2014

Wage Scale."

b. No step increases shall be provided in payroll year 2014.

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

raises shall be received on the anniversary date of the promotion. Movement from one

class title to another class title in the same class series shall occur on the second (2nd)

and fifth (5th) anniversary of the promotion (e.g. Corporal I, to Corporal II (2nd year) to

Corporal Ill (5th year)). The operation and effect of Section 43 shall not apply to either

step raises or increases based on the officer's anniversary date or to any wage

increases authorized by Section 12 herein.

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

year is included in the wage scale.

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

overtime per day per dog for the care and maintenance of a department K-9 and other

duties unique to the K-9 unit.

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

test shall receive a bilingual differential of an extra $.50/ hr. above their rank and step

placement on the pay scale.

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

Training Officer shall receive an additional $.80 per hour for each hour the trainee or

Reserve Officer in training is with the FTO. This additional compensation shall not be

included in the computation of overtime. The Sheriff shall designate the FTOs in writing

and may revoke this assignment at any time.

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

the work of a higher position for a period of 20 consecutive days or more, shall receive

the pay for the higher position starting on the 21st day. Acting assignments shall not

exceed forty-five (45) days. The Sheriff retains the sole authority in the assignment of

Out of Class Pay.

12.6 Credit of Previous years of Experience. Newly hired employees as a Deputy

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

employees who possess a current Kansas Law Enforcement certification at the time of

hire and have prior service with a law enforcement agency or with a current out-of-state

law enforcement certification who receive Kansas reciprocity within one year of the date

of hire and who have prior law enforcement experience with an agency shall be eligible

for this section.

Procedure: The Sheriff will verify the applicants previous experience. Only whole

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

Whole Months of Experience Step Placement

12-23 2

24 and Over 3

The time period for calculating seniority with the Shawnee County Sheriff's Office shall

start on the day the officer begins employment for the Shawnee County Sheriff's Office.

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FOP 2014 Wage Scale

Job Code Range Job Title 34020 401 Patrolman 34036 410 Corporal! 34037 411 Corporal II 34038 412 Corporal Ill 34076 415 Detective I 34077 416 Detective II 34078 417 Detective Ill 24036 420 Sergeant I 24037 421 Sergeant II 24038 422 Sergeant Ill

Steps 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

401 16.54 17.01 17.67 19.33 20.42 21.48 22.01 22.36 22.48 22.93 23.29 23.41 23.56 23.72 24.51 24.63 24.80 24.93 25.07 25.21

410 17.24 17.71 18.37 20.03 21.12 22.18 22.71 23.06 23.18 23.63 23.91;) 24.11 24.26 25.42 25.21 25.33 25.50 25.63 25.77 25.91

411 17.39 17.86 18.52 20.18 21.27 22.33 22.86 23.21 23.33 23.78 24.14 24.26 24.41 24.57 25.36 25.48 25.65 25.78 25.92 26.0~

412 17.54 18.01 18.67 20.33 21.42 22.48 23.01 23.36 23.48 23.93 24.29 24.41 24.56 24.72 25.51 25.63 25.80 25.93 26.07 26.21

415 17.69 18.16 18.82 20.48 21.57 22.63 23.16 23.51 23.63 24.08 24.44 24.56 24.71 24.87 25.66 25.78 25.95 26.08 26.22 26.36

416 18.09 18.56 19.22 20.88 21.97 23.03 23.56 23.91 24.03 24.48 24.84 24.96 25.11 25.27 26.06 26.18 26.35 26.48 26.62 26.76

417 18.54 19.01 19.67 21.33 22.42 23.48 24.01 24.36 24.48 24.93 25.29 25.41 25.56 25.72 26.51 26.63 26.80 26.93 27.07 27.21

420 18.79 19.26 19.92 21.58 22.67 23.73 24.26 24.61 24.73 25.18 25.54 25.66 25.81 25.97 26.76 26.88 27.05 27.18 27.32 27.46

421 19.14 19.61 20.27 21.93 23.02 24.08 24.61 24.96 25.08 25.53 25.89 26.01 26.16 26.32 27.11 27.23 27.40 27.53 27.67 27.81

422 19.54 20.01 20.67 22.33 23.42 24.48 25.01 25.36 25.48 25.93 26.29 26.41 26.56 26.72 27.51 27.63 27.80 27.93 28.07 28.21

FOP Page 33

i

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SECTION 13.0 OVERTIME

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

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

week.

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

times the appropriate hourly wage for all time said officer works for the County

exceeding forty (40) per week. For the purpose of computing overtime, paid leave

including meal and rest breaks shall be considered time worked.

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

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

volunteers are not obtained, the agency may draft officers in the appropriate unit and

shift in the inverse order of seniority to fill the needed number of positions.

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

workday, or is subpoenaed to appear in court or before an administrative body in

connection with their duties in either a criminal or civil matter, shall be paid for such

work time at the appropriate rate depending on whether or not the total hours worked

during the affected payroll period exceed those hours specified in Section 13.1.

13.5 Call Back Pay. An officer called back to work overtime outside the regular

scheduled duty period shall be paid for a minimum of two (2) hours and shall be paid for

such work time at the appropriate rate depending on whether or not the total hours

worked during the affected payroll period exceed those hours specified in Section 13.1.

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

receive a minimum of (2) hours work or two (2) hours pay at the applicable rate of pay

as provided in this Agreement.

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

shall be considered on duty when the officer departs for work and advises CECC that

they are in service.

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

County-owned and maintained vehicle to and from work shall not be paid overtime for

delivery of said vehicle to the County garage for scheduled maintenance.

13.9 County Owned Vehicle and Emergency Calls. Off-duty officers designated by

the Sheriff to drive a County-owned and maintained vehicle to and from work shall

immediately respond to all emergency calls to duty made by a superior officer or the

duty dispatcher when such officer is driving a County-owned and maintained vehicle.

Payment for work done under these circumstances shall be paid pursuant to Section

13.5 of this Agreement.

13.10 Prisoner Transports. Officers assigned to prisoner transports shall be considered

on duty from the time they depart, for the purpose of transporting the prisoner, and until

such time as the prisoner is in the custody of the facility where the prisoner will next be

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

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

13.11 Overtime Pre-approval. No officer shall be permitted to work overtime without

notifying a supervisor. Overtime, worked, must be reported during the pay period during

which it is worked. No officer shall have the right to waive compensation for overtime

and every officer shall be paid or shall receive compensatory time off in accordance with

Article 24 of this agreement for all overtime actually worked.

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

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

officer.

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SECTION 14.0

TRAINING ASSIGNMENTS

14.1 Training/Conferences. The County and the F.O.P. recognize the value of

on-the-job training and professional conferences and such is to be encouraged. The

Sheriff or his/her designee shall review all requests to attend training and professional

conferences and approval will be made on the basis of need, ability, qualifications and

seniority. Such notices of training and professional conferences that the Sheriff may

send or allow an officer to attend shall be posted throughout the agency as soon as the

availability of such training or professional conference is known and will remain posted

for a minimum of fourteen (14) calendar days. The Chief Steward of the SNSO

bargaining unit or his/her designee may waive the required fourteen (14) calendar days

minimum when circumstances dictate a need to shorten the time a known training

course or professional conference is posted.

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

granted special duty days to attend approved professional, educational and training courses

at their own expense. Officers utilizing this provision shall be responsible for all tuition and

other expenses associated with the program and/or travel, lodging and food required.

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

of his/her normal work schedule shall receive written notice of such assignment at least

three (3) working days in advance.

The Sheriff shall post cross-training vacancies throughout the agency for a minimum of

fourteen (14) calendar days. With the exception of subsection (a) below, no officer shall

be allowed to cross-train for more than one (1) year in a three (3) year period of time.

Cross-training participant officers shall be returned to their previously held position after

completion of the cross-training assignment.

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SECTION 15.0

CONFLICTS OF INTEREST

15.1 Outside Employment. Sheriff's Office officers who wish to engage in outside

employment and utilize the authority of their law enforcement commission while so

employed, must obtain the written permission of the Sheriff before beginning

employment. Engaging in outside employment which does not require utilizing the

officer's law enforcement commission does not require prior approval. The service of

process papers by off duty officers does not require prior approval as long as the off

duty officer does not identify himself as an officer. The officer may use his commission

to sign the return of process served while off duty. The permission of the Sheriff for

officers to engage in off duty employment shall not be disparately given or withheld.

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SECTION 16.0

LEAVE OF ABSENCE

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

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

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

discretion of the Sheriff.

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

reasonable period of time not to exceed six (6) months consistent with the effective

fulfillment of his/her Agency duties.

b. Acceptable Use. Such leave may be granted for illness, childbearing,

child adoption, other temporary disabilities, or for other good or sufficient reason which

is considered to be in the best interest of the employee, County and/or the department.

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

be requested in writing by the employee and shall require written approval of the Sheriff

in coordination with the Director of Human Resources.

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

so long as the employee has vacation leave or compensatory time credits. A leave of

absence shall not be granted to allow an employee to take a position with another

employer or to be self-employed.

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

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

addressed in Federal Regulations. This provision does not apply to absences as a

consequence of discipline.

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

necessary, the Sheriff may terminate a leave without pay by giving written notice, by

mailing a certified letter to the employee's last known address, at least fourteen (14)

days prior to the termination date. With the approval of the Sheriff, an employee may

return from leave on an earlier date than originally scheduled.

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g. Return To Work. When an employee returns at the expiration of an

approved leave without pay or upon written notice by the Sheriff that a leave without pay

has been terminated, the employee shall be returned to the original position the

employee held at the time leave was granted, or to a position in another class in the

same salary range for which he/she meets the qualifications.

h. Failure To Return. Failure to return to work at the expiration of an

authorized leave of absence, or upon notice by the Sheriff that a leave has been

terminated, shall be deemed a resignation.

i. Probationary Periods. An employee currently serving a probationary

period from a promotion, reinstatement or transfer may be granted leave without pay

under the same conditions as a permanent employee. The employee's probationary

period shall be continued effective with his/her return from leave until the total probation

is actually served.

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

time, sick leave, retirement credit, service toward longevity pay, other fringe benefits or

seniority, or be compensated for holidays falling during the leave period, except as

required by the Family and Medical Leave Act of 1993.

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

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

16.4 LOA and Outside Employment. An officer who is self-employed or works for

another employer during a leave of absence without justifiable reason shall be subject

to disciplinary action.

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

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

entitled to voluntarily trade work or leave days.

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SECTION 17.0

MILITARY LEAVE

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

Reserve component of the military services shall be granted leave without pay for active

duty or training purposes. A maximum of twelve (12) working days per calendar year of

active duty for training purposes may be granted as leave with pay. The leave with pay

shall be the difference between the officer's normal County pay and the officer's military

pay if the officer's normal County pay is greater. The officer may elect to use accrued

vacation leave in lieu of military leave with pay.

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

by a copy of the appropriate military orders. Each request for military leave with pay

shall be accompanied by a copy of the officer's military pay stub for the period

requested.

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

duty or who volunteer for a period of active duty shall be limited to the date when the

officer can terminate such active duty or the date of the officer's orders to inactive

status, whichever may occur first.

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SECTION 18.0

VACATION LEAVE

18.1 New Hire Probationary Period. Newly hired officers shall not accrue vacation

leave for the first six (6) months of his/her employment; provided however that the

officer shall be credited with an amount of accrued vacation leave for the first six (6)

months of employment at the rate specified in 18.2 upon completion of his/her first

six (6) months of employment and that the officer may commence utilizing accrued

vacation at that time.

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

full-time permanent and full-time probationary employees subject to the provisions

within Section 18.1 above:

Hours Earned Per Maximum

Years Of Continuous Service Two-Week Pay Period Accumulation

Less Than Five (5) Years Four (4) Hours 144 Hours

Five (5) Or More Years

But Less Than Ten (10) Years Five (5) Hours 160 Hours

Ten (1 0) Or More Years

But Less Than Fifteen (15) Years Six (6) Hours 192 Hours

Fifteen (15) Or More Years

But Less Than Twenty (20) Years Seven (7) Hours 216 Hours

Twenty (20) Years Or More Eight (8) Hours 240 Hours

No employee, regardless of the number of hours worked in a pay period, shall

accrue more vacation than the rates listed above. Employees working or in pay status

less than eighty (80) hours in any pay period shall be paid a pro-rata share of the above

accrual rates.

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

lost. If the officer has lost any vacation hours as a result of exceeding the maximum

accrual, he/she may make written request to be paid for those lost hours. In order to be

paid for those lost hours, the officer must have made a reasonable and timely written

request to use the hours and been denied the opportunity in writing. Payment shall be

received within thirty (30) calendar days following submission of the written request.

18.4 Vacation and Termination of Employment. In the event of termination of

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

time.

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

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

undue hardship. Vacation periods shall be requested in writing each year between

January 1 and the last day of February. Preference in vacation selection time will be

based on agency seniority, subject to the needs of the agency. Approved vacation

schedules will be posted on all F.O.P. bulletin boards no later than March 31. All bids

not approved will be posted and held awaiting further approval. Approved vacations

cannot be bumped by senior officers after the list has been posted. An officer who

desires a vacation period in January, February or March shall submit the request before

December 1 of the preceding calendar year. These officers will be notified of their

vacation periods no later than December 20. Accrued compensatory time or personal

leave days may be utilized in lieu of accrued vacation leave.

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

has passed, an officer may submit a written request for any remaining available

vacation time subject to the approval of the Sheriff or the Sheriff's designee.

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

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

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. .

not unreasonably defer the taking of vacations so that for all practical purposes the

officer is deprived of vacation rights.

18.8 Death of Employee. If an officer dies, the legal heirs will be paid the current

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

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

18.10 Personal Leave Day. Two (2) annual personal leave days will be granted to each

employee under the following conditions:

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

of the payroll year.

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

payroll on the first day of the first pay period of the payroll year will be credited with two

(2) personal leave days at the completion of one hundred and twenty (120) days of

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

preceding waiting period for good and sufficient reasons.

Personal leave days shall be taken in eight (8) hour blocks during the payroll year of

issuance or will be forfeited.

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SECTION 19.0

HOLIDAY LEAVE

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

as holiday pay, whether worked or not, for the following County designated holidays

except as set out in Section 19.4:

New Years Day

Memorial Day

Labor Day

Thanksgiving Day

Two Day Christmas Holiday

Martin Luther King's Birthday

Independence Day

Veterans Day

Day after Thanksgiving ·

Any holidays added by the County during the term of this Agreement as paid

holidays shall be added to the above.

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

by the County as a holiday shall be paid his/her holiday pay and at one and one-half (1

1/2) times their regular straight time hourly rate for all hours worked. Any officer who

works in excess of eight (8) hours on a holiday or works outside of his/her regular

scheduled workday on a holiday shall receive two and one-half (2 1/2) times the regular

straight time hourly rate for all such hours so worked. No officer shall receive holiday

pay for both the holiday and the day observed by the County as the holiday even if both

were worked. If both the actual holiday and the day observed as a holiday are worked

the rates, as described above, shall be paid for the actual holiday only.

If an event known as the Spirit of Kansas occurs and the Sheriff deems it is in the best

interest of the Agency to assign employees to this event, employees assigned to the

Spirit of Kansas shall be compensated at the Holiday overtime rate (2.5 times the

regular straight time hourly rate).

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

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

19.4 Holidays and Irregular Weekends. Officers, who are assigned to schedules

which do not normally have Saturday and Sunday off will receive January 1, July 4,

Christmas Eve, and Christmas as holidays in lieu of the County designated day for

those holidays.

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SECTION 20.0

SICK LEAVE

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

rate of four (4) hours for each pay period of service. There shall be no maximum

accumulation limitation.

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

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

compensated for absences during an employee's regular or normal work schedule

under the following circumstances:

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

due to personal sickness or injury, the illness or injury of an immediate family member

or the need for medical, dental or other routine, diagnostic or medial treatment by the

employee or immediate family member; or

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

disease or injured and may endanger or jeopardize the attendance or welfare of other

employees; or

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

the immediate family with an illness. In order to use sick leave, the requesting

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

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

Supervisor approval of sick leave requests only indicates the employee may have the

day off. The employee is responsible to ensure he/she has enough sick leave to cover

the requested absence.

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

illness or disability and is unable to report to work, shall notify the agency not later than

one (1) hour before starting time of the particular shift on the first day of the absence

and daily thereafter, if not hospitalized. Paid sick leave for the time absent will not be

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

such reporting.

20.5 Sick Leave Payment. Upon retirement or termination of employment due to

permanent disability preventing the officer from returning to work as a deputy sheriff, an

officer who has accumulated unused sick leave in the amount of eight hundred (800)

hours or more shall be compensated for thirty-five percent (35%) of the unused sick

leave at th~ir current rate of pay.

20.6 Sick Leave Physician's Statement. Any officer absent from work and on sick

leave may be required to furnish a physician's certificate verifying the reason for the sick

leave after first being placed on notice in writing by the Sheriff that the officer has

demonstrated abusive conduct by using sick leave. An abuse of sick leave notice shall

be given in writing and shall include all of the facts relied upon to substantiate the claim

of abuse. Failure of the officer to furnish verification supporting sick leave for a period

of six (6) months thereafter, upon request, shall result in the denial of paid sick leave for

the period such verification is requested.

20.7 Immediate Family Definition. Immediate family shall include spouse, children,

legal stepchildren, parents, spouse's parents, stepparents, spouse's stepparents,

grandparents, spouse's grandparents, grandchildren, spouse's grandchildren, sibling,

spouse's sibling, brother-in-law, sister-in-law, any relative living in the officer's home.

20.8 Sick Leave Accrual on Pay Stub. The accumulated unused sick leave shall

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

20.9 Sick Leave Bonus. Any officer who accumulates at least an additional

ninety-four (94) hours of sick leave in a payroll year shall be paid an incentive of one­

hundred twenty five dollars ($125.00). Any officer who accumulates an additional

eighty-four (84) hours of sick leave in a payroll year shall be paid an incentive of

seventy-five dollars ($75.00). Any officer who accumulates an additional seventy-four

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(74) hours of sick leave in a payroll year shall be paid an incentive of twenty-five dollars

($25.00). Requests for such payment must be made in writing by the officer to his/her

appointing authority during the last payroll period of the year, and shall be paid on the

pay day for the first payroll period of the succeeding year.

20.1 0 Attendance Bonus. An officer shall earn one ( 1) day of personal leave for each

six (6) months of good attendance. The periods shall run from January 1 through

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

personal leave day shall be awarded for the six (6) month period if the officer was in pay

status for the entire period and used no more than eight (8) hours of sick leave. Sick

leave may be used in increments of fifteen (15) minutes but the cumulative total shall

not be more than eight (8) hours. The personal leave day must be requested in writing

in the pay period following the conclusion of the six (6) month period. The personal

leave day is subject to the same approval process as vacation. The personal leave day

must be used in the succeeding six (6) month period it was earned or it shall be

forfeited.

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SECTION 21.0

BEREAVEMENT LEAVE

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

officer shall be granted a leave of absence with pay for a period not to exceed five (5)

normal workdays. Such leave with pay shall be considered bereavement leave. The

length of such leave shall be determined by the Sheriff or the Sheriff's designee on the

factors of relationship and required travel time.

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

21.3 Outside Employment. Any officer who is self-employed or works for another

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

including termination.

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

while an officer is on a scheduled vacation, the officer shall be eligible to receive the

benefits stated herein, provided the officer notified the County prior to the date of the

funeral and the officer attends the funeral.

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SECTION 22.0

DISABILITY LEAVE

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

shall be reported to the officer's immediate supervisor immediately. The officer must

take such first-aid treatment as may be recommended. Such accidents shall, in turn, be

reported to the County Director of Human Resources.

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

their duty as a deputy sheriff or who dies as a direct result of an injury incurred in the

performance of their duty as a deputy sheriff, shall be entitled to lie in state in full

uniform and to be buried in full uniform, excluding the weapon, handcuffs, baton,

ammunition, mace and leather, with a corresponding service customary and proper to

the rank and position of said officer, provided that the officer or the officer's immediate

family has filed with the Sheriff a written request for such burial. Shawnee County will

provide three thousand dollars ($3,000) for funeral expenses to the survivor of an officer

who dies of duty related causes as defined by Kansas Police and Firemen Retirement

System. The deceased officer's badge and uniform will be given to their immediate

family.

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

the result of an injury, not caused, created or substantially contributed to by their own

negligence, and arising out of and in the course of their employment who cannot

perform the duty, may make application to the Sheriff for a waiver of the use of accrued

sick leave not to exceed one hundred sixty (160) hours. The Sheriff shall have the

discretion to approve or deny such request and shall not be subject to the grievance

procedure. Employees who apply for and are granted this sick leave waiver shall not be

eligible for any kind of non-use sick leave bonus.

Officers injured arising out of and in the course of their employment who receive

temporary total workers' compensation benefits may utilize a prorated amount of sick

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leave in order to enable the officer to earn compensation in an amount equal of his/her

normal salary during the time they are temporarily totally disabled. Under no

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

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

accrue any sick leave.

22.4 Outside Employment. An officer who is self-employed or works for another

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

disciplinary action.

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

or permanent) substantially limiting a major life activity shall retain their job or shall be

assigned to another job if the officer is able to perform the "essential functions" of the

job with "reasonable accommodation." Provided, however, that the County is under no

obligation to create a job if a suitable job is not available.

22.6 Seniority. If seniority is broken by medical disability retirement and the

condition(s) have been corrected and the officer is subsequently rehired through the

selection process, upon completion of one (1) year in a full time civil service capacity

following the last date of hire, the previous employment period shall be added to the

officer's continuous service for purposes of seniority. Only one (1) such seniority

allocation shall be allowed per individual, and the officer must be rehired within five (5)

years to be eligible for former service seniority credit.

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SECTION 23.0

EMERGENCY LEAVE

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

becomes ill or incurs an injury of an emergency nature which would require the officer's

immediate attendance, the officer shall be granted leave (i.e., vacation leave, sick leave

or unpaid leave as appropriate) at the regular hourly rate for time away from duty,

provided the officer furnishes a written statement justifying the need for the officer's

presence.

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SECTION 24.0

COMPENSATORY LEAVE

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

time may be accumulated in either of the following situations:

a. The employee requests compensatory time and the Sheriff grants

compensatory time, or

b. The Sheriff offers compensatory time and the employee agrees to take

compensatory time.

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

compensatory leave.

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

following circumstances. An officer, who voluntarily requests in writing to take

compensatory leave in lieu of paid overtime shall be granted compensatory leave time

off at the rate of one and one-half (1 1/2) hours for each hour of accumulated

compensatory leave. The Sheriff or designee shall have the authority to designate the

following as overtime only and not accrued as compensatory time: STEP enforcement,

OCDTF assignments, ATF and FEMA funded activities. The maximum accumulation

shall be denoted on the following table:

Hire Date With The Sheriffs Office Maximum Accumulation

12/31/97 and previous 480

Between 1/1/98 and 12/31/2001 360

Between 1/1/2002 and 6/22/07 240

Hired on or after 6/23/07 120

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

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

in each workweek.

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

hundred eighty (480) hours of compensatory time shall be paid cash wages of one and

one-half (1 1/2) the regular rate of pay for overtime hours in excess of the maximum

each pay period following the accrual of the maximum four hundred eighty hours

compensatory time.

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

one and one-half (1 1/2) hours for each hour of employment for which overtime

compensation is required and which is unused at the time of an officer's termination

shall be compensated at the officer's final regular hourly rate received at the time of

termination.

24.5 Compensatory Time Noted on Pay Stub. Accumulated earned compensatory

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

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SECTION 25.0

STANDBY STATUS I AND ON CALL STATUS

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

determine what hours will be assigned standby. The parties agree to assign a detective

to standby status when no other detective is on duty. Any officer assigned to standby

status, resulting in hours worked in excess of forty (40) hours in a work week, shall be

compensated for such overtime hours as provided by Section 13.0 and 24.0. Standby

status shall not be, or considered to be, hours worked for pay purposes unless the

standby restricts the officer from effectively using the time for personal pursuits. In such

event, such time shall be compensated at the officer's regular hourly rate of pay or

overtime rate, whichever is applicable.

25.2 Effectively Restricting Definition. "Effectively restricting" an officer's personal

time as used herein shall mean a practice, policy or procedure of notifying members of

the bargaining unit that when on standby, officers are required to respond immediately

to call and failure to do so may subject the officer to a disciplinary action.

25.3 Standby Pay. Officers shall receive two dollars ($2) per hour for each actual

hour he or she is on standby.

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SECTION 26.0

SUSPENSION OF LEAVE

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

temporarily suspended during any law enforcement or duty-related emergency declared

by the Sheriff or the County.

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SECTION 27.0

LEGAL COUNSEL

27.1 Legal Representation. The County will provide legal representation for officers

.against who suit is brought in civil cases based on activities alleged to be within the

scope of the officer's official duties.

27.2 Liability. The County will assume financial liability for all monies awarded to

claimants as the result of activities found to be within the scope of such official duties;

provided, however, that in situations involving unlawful or malicious actions, willful

misconduct or gross and wanton negligence by the officer, the County shall not be liable

for payment under. this clause.

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SECTION 28.0

RETIREMENT

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

System.

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

shall provide each officer, at the time of retirement, with a Sheriff's Office Identification

Card with the officer's last rank and marked "Retired." The County shall also issue a

badge with the word "Retired" engraved thereon.

28.3 Service Weapon. The County agrees to transfer title of the retiring officer's

choice of any one ( 1) of their agency's issued firearms at retirement. If the officer selects

the handgun there is no cost to the officer. If the officer selects any other issued duty

firearm, the officer will pay the invoice cost difference between it and the handgun. The

officer shall also pay the cost for any significant accessories attached to the weapons

(significant is in excess of $25.00). Selection will not include fully automatic weapons.

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SECTION 29.0

INSURANCE

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

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

personnel.

29.2 Other Insurance. All officers shall be eligible to participate in all such other

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

personnel.

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GEl

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SECTION 30.0

UNIFORMS

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

and determine policies providing for the issuance of five (5) full uniforms, including

accessories and equipment, by and at the expense of the County to all officers upon

their initial employment. If an officer demonstrates to the division commander that a

portion of the required uniform, accessories or equipment is defective or unsuitable for

on-duty use, such item will be replaced and/or repaired at the first practicable

opportunity. All officers required to wear uniforms shall be allowed to accumulate five

(5) uniforms and will be required to turn in used items for replacements. Worn or

damaged uniforms shall be replaced with new uniforms and officers shall not be

required to wear worn or damaged uniforms.

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

receive reimbursement up to $75.00 for shoes or $150.00 for boots upon proof of

purchase of the approved shoe or boot. The employee must receive written approval,

from the Sheriff or designee, for the footwear the employee desires to purchase. After

written approval, the employee may purchase the footwear and present the receipt for

reimbursement up to the amount of the highest approved footwear normally issued to

employees. This reimbursement program may be used only once during the payroll year

except in the event an employee's footwear becomes damaged and is unsuitable for

uniform wear, as determined by the Sheriff or his designee. Footwear purchased by the

County shall be used only in the course of employment by Shawnee County for

Shawnee County business purposes or during the course of extra duty employment.

30.3 Uniforms Upon New Plainclothes Assignment. Employees that are newly

promoted and permanently assigned to a plainclothes assignment shall be eligible for a

clothing allowance reimbursement up to five hundred dollars ($500). The employee

may present receipts for reimbursement up to the amount spent toward the clothing

allowance. Narcotics officers that are newly promoted and assigned to a plainclothes

FOP Page 73

assignment shall be eligible for a clothing allowance reimbursement up to five hundred

dollars ($500). The employee may present receipts for reimbursement up to the

amount spent toward the clothing allowance. Commencing January 1, 2014, receipts

may be presented for reimbursement for any time period from November 1 of the prior

year through October 31 of the year such reimbursement is sought by the employee.

Receipts must be presented between January 1 and November 15 for reimbursement in

that calendar year.

30.4 Annual Plainclothes Allowance. Employees that are permanently assigned to a

plainclothes assignment at the start of the calendar year shall be eligible for a clothing

allowance reimbursement up to four hundred dollars ($400). The employee may

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

allowance. Commencing January 1, 2014, receipts may be presented for

reimbursement for any time period from November 1 of the prior year through October

31 of the year such reimbursement is sought by the employee. Receipts must be

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

year.

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. SECTION 31.0 SAFETY AND SANITARY CONDITIONS

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

equipment.

31.2 First Aid. The County will provide adequate first-aid facilities in the following

manner:

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

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

Office.

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

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

shall at all times use safety devices and protective equipment which may be furnished

to them and will comply with safety, sanitary and fire regulations.

31.4 Vehicles. All vehicles will be inspected in substantial compliance with the

manufacturer's recommendation standards. Records of all inspections will be available,

upon request, to officers to whom the vehicle is assigned and a copy will be maintained

in the vehicle by the officer to whom assigned.

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

officer to be defective or unsafe for use during any tour of duty, the officer shall cause

such condition to be promptly brought to the attention of the immediate supervisor. The

immediate supervisor shall then promptly make a determination as to the condition of

the vehicle and shall at that time take the responsibility to determine whether the

condition constitutes a violation of state or federal law and is safe for use as a police

vehicle.

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

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

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

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

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

in a contemporary style of the day with the Sheriff being responsible for setting the

standards. Female officers may choose to wear their hair down and loose; however,

the length of their hair shall not cover any portion of the badge or nametag. Female

officers may wear their hair up in a bun or French braid. Female officers in

assignments, which do not require the wearing of a police uniform may wear their hair

down and loose regardless of length as long as a well-groomed appearance is

maintained.

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

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

31.10 Inoculations. The County agrees to provide, without charge to each officer within

the bargaining unit, inoculations for Hepatitis B and other reportable contagious

diseases as may be appropriate as determined by the County's designated

occupational health care provider. In addition, the County agrees to provide, free of

charge, inoculations for members of the officer's immediate household in the event an

officer is exposed in the line of duty to a reportable contagious disease. Inoculations

will be provided as necessary to prevent the spread of disease as determined by the

County's designated occupational health care provider.

FOP Page 76

SECTION 32.0 RESIGNATIONS

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

writing through the chain of command at least eighty (80) work hours prior to the

effective date of the intended resignation, unless the Sheriff agrees to permit a shorter

period of notice because of extenuating circumstances.

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

into the officer's service record.

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

through resignation, retirement or discharge, is responsible for returning any County

property which the officer may have in their possession. Failure to return County

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

32.4 Seniority Broken by Resignation. If seniority is broken by resignation and the

officer is subsequently rehired and remains employed in full time civil service capacity

for five (5) years following the last date of hire, the previous employment period will be

added to the officers continuous service for purposes of seniority. Only one (1) such

seniority allocation shall be allowed per individual and the officer must be rehired within

three (3) years to be eligible to receive senior service credit.

FOP Page 77

FOP Page 78

SECTION 33.0

DISCIPLINE PROCEDURE

33.1 Discipline for Just Cause. Officers may only be disciplined, demoted or

discharged for just cause. Disciplinary measures shall be limited to the following:

written warning level one, written warning level two, written warning level three,

suspension not to exceed thirty (30) calendar days and termination. Officers and the

employer alike have the right to record by video or audio recorder, segments of these

steps. Any record made by either party shall be copied and furnished to the other.

33.2 Discipline Steps/Offenses. The County reserves the right to, with just cause,

discharge, suspend, demote or otherwise discipline officers for violation of the County

Commission or Sheriff Office rules and regulations, policies, orders or resolutions,

provided such rule or regulation, policy, order or resolution is not in conflict with the

terms of this Agreement and is furnished to the bargaining unit at the time this

Agreement is signed or provided to the bargaining unit in writing thirty (30) calendar

days prior to the effective date of the rule or regulation, policy, order or resolution. The

disciplinary process involves five (5) steps of progressive discipline.

FIRST OFFENSE:

SECOND OFFENSE:

THIRD OFFENSE:

FOURTH OFFENSE:

FIFTH OFFENSE:

Written warning level one;

Written warning level two;

Written warning level three;

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

Termination.

Disciplinary actions, which did not result in a third offense discipline or above

shall be removed from an officer's personnel file after the officer has been free from

additional disciplinary actions for violations of a similar nature for twelve (12) continuous

months on a first offense discipline and eighteen (18) continuous months for a second

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

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

FOP Page 79

personnel file, but cannot be used for evaluation of an officer's promotion or subsequent

discipline after the officer has been free from additional disciplinary actions or violations

of a similar nature for twenty-four (24) continuous months.

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

similar nature. Serious infractions constituting just cause may result in immediate

suspension or discharge rather than progressive discipline. Second and subsequent

steps of discipline for minor offenses of a similar nature may not be taken by the Sheriff

unless the officer has been served with an earlier disciplinary action, a copy of the prior

disciplinary action has been given to the officer in writing, and the officer has been given

the opportunity to sign before it shall be placed in the officer's official personnel file.

Discipline shall be imposed within forty-five (45) business days from the time the

incident occurred or became known to the Sheriff or a non-bargaining unit supervisor. If

an investigation is ongoing into the incident giving rise to potential discipline the Sheriff

or supervisor shall be granted one (1) automatic fifteen (15) business day extension

upon providing notice to the F.O.P. Chief Steward or designee prior to the expiration of

the initial period to impose discipline. The Sheriff or supervisor can request additional

extensions of time prior to the expiration of the time to issue discipline during the

extended time frame (not to exceed fifteen (15) business days per extension) but must

provide the F.O.P. Chief steward or designee three (3) business days to respond to

such request. The F.O.P. Chief Steward or designee shall not unreasonably deny any

such request for extension of time, and failure to respond within the three (3) business

days shall be deemed granting such extension of time to issue discipline.

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

subordinate by any supervisor. Letters of reprimand or written counseling may be

issued by the supervisor, the Sheriff or designee making the determination that

disciplinary action be imposed. Prior to the imposition of any disciplinary action the

officer to be disciplined shall be advised of the proposed discipline in writing and shall

be allowed to respond to the allegations in writing within two (2) working days. The

FOP Page 80

notice of the proposed disciplinary action shall contain all the facts known to the County

including identity and location of any complainants. Anonymous complaints may not be

used to initiate any form of disciplinary action unless the alleged act can be verified by

subsequent investigation. Discipline shall not be disparately imposed.

FOP Page 81

FOP Page 82

SECTION 34.0

GRIEVANCE PROCEDURE

34.1 Grievance Procedure. The parties recognize the grievance procedure as an

important and valuable tool for resolution of problems concerning the interpretation and

application of this Agreement. Both the Employer and the F.O.P. provide this procedure

to covered officers to seek adjustment of grievances as defined below. It is understood

that an officer may present an oral complaint to an immediate supervisor at any time

without initiating a formal grievance procedure as set forth below.

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

thirty (30) business days of the disciplinary action or event triggering the grievance and

must claim a violation of this Agreement. Grievants who claim a violation of the same

provision or provisions of the Agreement, who agree they are relying on the same

factual circumstances and so indicate on the grievance form, may sign the grievance.

Such grievance shall be filed at Step 1 of the grievance procedure. Only grievances

filed by the officer directly affected by an alleged violation or the F.O.P. may be

processed through the grievance procedure. The grievance form shall also be signed

by the Chief Steward or the Chief Steward's designee.

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

bargaining unit or the F.O.P. involving the interpretation or application of any provision

contained within this Agreement.

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

this procedure as time limits, the day of an occurrence shall not be counted. Day one

shall be the business day following the occurrence. A business day shall mean Monday

through Friday. County designated holidays shall not be counted as a business day.

34.2 Grievance Contents. Only one subject matter shall be covered in any one

grievance. A written grievance shall contain the name and position of the grievant, a

clear and concise statement of the grievance, the issue involved, the relief sought, the

date the incident or violation took place, the specific section(s) of this Agreement

alleged to have been violated, the signature of the grievant and steward and the date.

FOP Page 83

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

consent of the F.O.P. representative handling the grievance and the appropriate

management representative. Any grievance not responded to by management at steps

1 and 2 within the time limits outlined herein may be considered denied and may be

moved by the grievant to the next step of the procedure.

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

STEP 1. The matter shall first be taken up between the officer, a F.O.P. Steward

and the supervisor involved. If the grievance is not adjusted orally, it must be submitted

in writing to the supervisor within thirty (30) business days after the occurrence giving

rise to the grievance or after it having become known. Any response in writing to the

written grievance shall be issued within fifteen (15) business days.

STEP 2. If the grievance cannot be adjusted under Step 1, the matter may be

appealed to the Sheriff or his designee by the Chief Steward or designee, unless the

Sheriff gave the Step 1 response. In that event, the grievance shall proceed from

Step 1 to Step 3 and Step 2 shall be eliminated. A request for consideration by the

Sheriff must be made in writing within fifteen (15) business days of the decision in

Step 1 or the grievance shall be considered dropped. Any decision in writing shall be

rendered in writing within fifteen (15) business days after submission of the grievance to

him.

STEP 3. If the grievance cannot be adjusted under Steps 1 and 2, the matter will

be considered by the Director of Human Resources or designee. A request for

consideration by the Director of Human Resources must be made in writing by the Chief

Steward or designee within fifteen ( 15) business days of the decision rendered in Step 2

or the grievance shall be considered dropped. The request for consideration and other

notices provided for herein shall be served on the Director of Human Resources who

shall sign and acknowledge receipt thereof. The Director of Human Resources will

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

FOP Page 84

and shall render a decision within thirty (30) business days of the hearing or the

grievance shall be found in the officer's favor, shall be final, and shall not be subject to

grievance or arbitration. At the Director of Human Resources request or by mutual

consent of the parties, submitting briefs may be substituted for a hearing. Any violations

of the above procedural steps by the officer shall result in the grievance being deemed

settled in the Sheriff's favor and shall not be subject to further appeal.

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

grievant or the Union may pass step 1 and the grievance may be filed directly with the

Sheriff at Step 2.

FOP Page 85

FOP Page 86

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SECTION 35.0

ARBITRATION PROCEDURE

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

be settled through the above procedures, may be submitted in writing within twenty (20)

calendar days by the Union Representative to the Director of Human Resources who

shall sign and acknowledge receipt thereof. Within twenty (20) calendar days after the

above notice is delivered, the parties will mutually agree upon an arbitrator or jointly

execute and send a request for a list of seven (7) arbitrators from the Federal Mediation

and Conciliation service (FMCS). Immediately upon receipt of the list of arbitrators by

either party, a copy of the list will be provided to the other party. Within twenty (20)

calendar days of receipt of the list, the parties shall meet and alternately and

independently strike unacceptable arbitrators from the list with the last remaining

arbitrator being selected. Prior to striking any names either party may elect, one time

only, to strike one entire panel. The parties will then jointly request a new panel, with

the striking party paying any additional cost. Failure by either party to adhere to the

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

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

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

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

written decision to both the Employer and the Union, which shall be binding upon both

parties. Arbitration shall be the sole and exclusive remedy for grievances as defined by

this agreement.

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

proceeding. Each party, however, shall bear its own costs for witnesses and all other

out-of-pocket expenses including possibly attorney's fees. Testimony or other

participation of officers shall not be paid by the Employers. The arbitration hearing may

be conducted in the County Courthouse.

FOP Page 87

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

cause such a record to be made providing they pay for the costs of the record and make

copies available, at cost, to the other party and to the arbitrator.

35.5 Decision of Arbitrator. The decision of the arbitrator shall be limited to the

subject matter of the grievance and shall be restricted solely to interpretation of the

contract in the area where the alleged breach occurred. The arbitrator shall not modify,

add to or delete from the express terms of the Agreement.

FOP Page 88

SECTION 36.0

RESIDENCY

36.1 Residency Requirement. There is no residency requirement.

FOP Page 89

FOP Page 90

SECTION 37.0

COURT APPEARANCES

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

matter related to their duties shall be, outside their scheduled work time, paid their

regular hourly rate or overtime rate, whichever is applicable, for all hours requiring

travel, waiting, preparation, and attendance or a minimum of two (2) hours pay at the

applicable rate of pay, whichever is greater. In the event, however, that the court

appearance overlaps with the officer's regular shift, the officer will be eligible to be paid

only for hours worked, including travel, waiting, preparation, and attendance, and the

two (2) hour minimum will not apply. Officers shall not be assigned to work in the

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

the entire two (2) hours.

37.2 Retention of Mileage. If, with permission of the Sheriff, an officer uses their

personal vehicle for travel to or from a place of attendance, outside Topeka, the officer

shall be permitted to retain the mileage reimbursement paid by the court.

FOP Page 91

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FOP Page 92

SECTION 38.0

SEPARABILITY OF AGREEMENT

38.1 Separability of Agreement. If, during the term of this Agreement, any of the

provisions contained herein are held to be invalid by operation of law or by tribunal of

competent jurisdiction, or if compliance with or enforcement of any provision shall be

restrained by such tribunal pending a final determination as to its validity, the remainder

of this Agreement shall not be affected thereby. In the event any provision herein

contained is rendered invalid, upon written request by either party hereto, the County

and the F.O.P. shall enter into meet and confer proceedings for the purpose of reaching

a mutually satisfactory replacement of such provision.

FOP Page 93

FOP Page 94

SECTION 39.0

WAIVER OF BARGAINING DURING AGREEMENT TERM

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

the term of this Agreement each voluntarily and unqualifiedly waives the right, and each

agrees that the other shall not be obligated, to meet and confer with respect to any

subject or matter referred to or covered by this Agreement unless such matter or subject

by agreement is subject to meet and confer proceedings during the term of this

Agreement.

FOP Page 95

FOP Page 96

SECTION 40.0

NONDISCRIMINATION CLAUSE

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

all officers by continuing to admit persons to membership without discrimination on the

basis of disability, age, race, creed, political activity, color, national origin, sex, sexual

orientation or marital status and to represent equally all bargaining unit officers without

regard to membership or participation in, or association with the activities of, any

employee organization.

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

of not discriminating against any bargaining unit officer on the basis of disability, age,

race, creed, political activity, color, national origin, sex, sexual orientation, marital status

or membership, participation in, including participation in any grievance, complaint or

proceeding as set forth in this Agreement, or association with the activities of any

employee organization.

FOP Page 97

FOP Page 98

SECTION 41.0

DRUG TESTING

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

place.

The policy applies to drug screening and education for officers of the Shawnee

County Sheriff's Office.

a. Drug screens may screen for alcohol and any substances listed in

Schedule I or II of the Kansas Controlled Substance Act. The threshold levels of certain

substances are listed below. Samples from applicants and officers shall, in all cases,

be screened to identify the following classes of substances.

Initial test cutoff Confirmatory test Confirmatory test

Initial Test Analyte concentration analyte cutoff concentration

Marijuana metabolites 50 ng/ml THCA 15 ng/ml

Cocaine metabolites 150 ng/ml Benzoylecgonine 100 ng/ml

Opiate metabolites Codeine 2000 ng/ml

Codeine/Morphine 2000 ng/ml Morphine 2000 ng/ml

6-Acetylmorphine 10 ng/ml 6-Acetylmorphine 10 ng/ml

Phencyclidine 25 ng/ml Phencyclidine 25 ng/ml

Amphetamines Amphetamine 250 ng/ml

AMP/MAMP 500 ng/ml Methamphetamine 250 ng/ml

MDMA 500 ng/ml MDMA 250 ng/ml

MDA 250 ng/ml

MDEA 250 ng/ml

Specimens collected pursuant to this policy will be used only to test for

those substances specified in these procedures and may not be used to conduct any

other analysis or test unless otherwise authorized by law or the individual. Drug

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

be split samples.

FOP Page 99

b. Collection sites, laboratories and test methods used to conduct drug

screens shall comply with accepted practices within the industry and shall comply with

all certification requirement.

c. Individual drug screen records maintained by the Director of Human

Resources pursuant to this policy shall be considered confidential by the County and its

representatives to the extent that it is appropriate and feasible to observe reasonable

expectations of privacy on the part of the officer.

d. Notifications of the drug screen requirement shall be included 1n

announcements or advertisements seeking applicants for employment.

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

being subjected to any drug screens.

f. Alcohol testing will be conducted by utilizing an Evidensive Breath Testing

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

g. An officer may be screened under the following circumstances:

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

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

(2) Randomly selected officers within the bargaining unit, not to exceed

two (2) officers, may be screened each month. All such screening shall be done by a

third party under contract with the County delegated with the responsibility for the

screening and selection process. Bargaining unit officers shall be listed separate from

all other County employees given alcohol and drug screening as a condition of

employment and randomly selected from such lists.

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

officer to submit to a drug screen shall be considered a failure by the officer to fulfill a

condition of employment, resulting in the officer's immediate discharge from County

employment.

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

has not previously had a confirmed "positive" result shall be directed to the Employee

Assistance Program for referral to an appropriate drug assessment and education or

treatment program approved by the Employee Assistance Program.

FOP Page 100

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

approved education or treatment program pursuant to this policy for a period not to

exceed an aggregate of sixty (60) working days.

(2) Leave to participate in education or treatment programs, as outlined

in paragraph (1) above, shall be granted with pay to the extent the officer has accrued

leave and without pay thereafter.

(3) The officer shall be required to provide verification to the Sheriff

that the officer is participating in an appropriate and approved education and treatment

program to receive approved leave.

(4) The Sheriff shall review the job duties required of the officer to

determine whether the officer poses a threat to safety or health at the work site while

undergoing outpatient or aftercare treatment. The Sheriff may assign the officer to a

different position for a period of six (6) months, except for narcotics officers who may be

reassigned permanently after receiving a confirmed positive result.

(5) Refusal by an officer to enter into an appropriate and approved

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

j. On condition of the recommended education or treatment program, the

officer shall be required to provide or release clinical verification to the Sheriff that the

officer has successfully completed the recommended education or treatment program.

(1) For the purpose of the County's drug screening program,

successfully completing the recommended education or treatment program means the

officer achieved and maintained a drug-free state which will normally be determined by

a "negative" result from an authorized drug screen.

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

shall be required, as a condition of continued employment, to submit to a drug screen

once each quarter for a period of two years commencing sixty (60) days after the date

of the drug screen. The specific date each quarter on which the drug screen shall be

made shall be at the discretion of the Director and shall not require advance notice to

the officer.

FOP Page 101

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

following:

(1) Dismissal if the officer is serving an initial employment probation at

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

(2) Dismissal if the officer fails to successfully complete an appropriate

and approved drug assessment and recommended education and treatment program.

(3) Dismissal if the officer has previously had a confirmed "positive"

result within the previous five (5) years.

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

result, they may appeal in writing to the Medical Review Officer (MRO) within 72 hours

of the officer having been notified of the "positive" result. All "positive" samples will be

kept at the laboratory for a period of one year, and at the officers request may be kept

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

request so that arrangements for a second analysis process can be initiated on the split

sample. All costs associated therewith to be paid by the officer.

41.2 Identifying and Documenting Reasonable Suspicion.

a. Reasonable suspicion involves a judgment made regarding the officer's

behavior, appearance, speech or body odor, or evidence found or reported and may be

based on, among other circumstances, one of the following.

(1) Direct observation of specific contemporaneous, articulable

behaviors exhibited by the officer which may impair the officer's ability to perform their

job or which may pose a threat to safety or health.

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

officer.

(3) Documented deterioration in the officer's job performance that is

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

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

indicate the incident or accident was in whole or in part the result of the officer's actions

or inactions or the officer exhibited behavior indicating illegal drug or alcohol use.

FOP Page 102

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

is in the best interest of all parties. to ensure that an employee is not impaired when the

employee is acting in a law enforcement capacity. To that end, the parties agree that

bargaining unit members will only be required to submit to drug and alcohol testing after

Garrity Warning has been administered or if articulated reasonable suspicion can be

established that the bargaining unit member is under the influence of alcohol and/or

drugs. Testing can only be requested in the event of a discharge of firearms (except in

the cases involving training or the destruction of an animal) or any use of force causing

great bodily harm as defined in the use of force general order.

FOP Page 103

i

FOP Page 104

SECTION 42.0

BILL OF RIGHTS

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

or personal property, income, assets, sources of income, debts, personal or domestic

expenditures (including those of employee's family or household) or similar data.

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

and all employment and/or personnel files as described in Section 42.3 below with the

exception of employment Letters of Recommendation. Such review shall be conducted

upon written request, during normal business hours (9:00 a.m. to 5:00 p.m.), Monday

through Friday, except holidays.

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

for each officer covered by this Agreement, although the Director of Human Resources

shall hold the "official" personnel file. The personnel file maintained by the Sheriff

consists of the officer's application, assignments, promotions, evaluations, salary

information, commendations and letters to the officer regarding citizen complaints,

certificates and disciplinary actions. The personnel file maintained by the Sheriff does

not include medical records, background information, internal investigative materials,

training records or payroll records i.e. a pay period by pay period accounting of pay. The

documents, materials, statements and other records gathered in internal investigations

shall not be destroyed and shall be kept in a separate file by the Professional Standards

Unit or similar unit. The official personnel file kept by the Director of Human Resources

shall contain information related to the employee's employment in accordance with

generally acceptable Human Resources practices.

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

during an investigation that may lead to criminal charges shall be advised of their

constitutional rights in accordance with law. An officer who is questioned regarding

rules and regulations or policy and procedure violations and who has reason to believe

FOP Page 105

that discipline may result from the questioning shall, on request of the officer, have the

right to have a F.O.P. representative present during the questioning.

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

the Chief Steward shall be notified, by email or written memorandum or orally, within

two (2) business days after the Sheriff or designee is notified (except in cases of an

ongoing investigation) upon the receipt of any complaint, whether oral or written,

alleging misconduct by any officer except in the event of an EEO or harassment

investigation being conducted by Human Resources. For Human Resources

investigations into EEO or harassment complaints by an employee, the employee shall

only receive notice that a complaint has been filed. In the event the alleged misconduct

is ongoing the officer and Chief Steward shall be notified upon substantiation of such

complaint. All interviews will be conducted in a professional neutral investigative

manner. The F.O.P. steward will be present during any meetings conducted with the

officer against whom the_ complaint was alleged, including investigative and disciplinary

meetings. If any report is generated following an investigation, the steward and officer

will be provided copies of such report.

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

regarding rules and regulations, these Bill of Rights, and/or policy and procedure

violations and who has reason to believe that discipline may result from the questioning

shall have the right to have a F.O.P. representative present during the questioning.

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

shall be for reasonable periods of time and time shall be allowed during such

questioning for attendance to physical necessities.

42.8 Insubordination Charge. Before an officer may be charged with insubordination

or like offense for refusing to answer questions or participate in an investigation, the

officer shall be advised that such conduct may be the basis for a charge of

FOP Page 106

insubordination, except no officer shall be charged with insubordination where such

refusal is premised on the exercise of rights afforded within this Section.

42.9 Recording of Interview/Interrogation. When an officer is being interviewed or

suspected of a violation and is being interrogated in an investigation, such interview or

interrogation may be recorded by the Sheriff's Office or the officer. However, the officer

or management must be advised that the interview or interrogation is being recorded.

42.10 Right to Documentation. Policies, procedures, rules or regulations shall be

furnished, upon request, to the officer, the F.O.P. or the F.O.P.'s attorney and/or

provided access to transcript, records, written statements, video or audio tapes and/or

any other material which the Sheriff or his designee relies upon for the charge within a

reasonable time in advance of any hearing for the purpose of preparation.

42.11 Searching of Property. Officers shall not have their locker searched without

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

searched at any time for any reason. A search of the employee's locker may be

conducted without written consent of the officer where there is an investigation of a

criminal offense with a lawfully issued search warrant.

42.12 No Retaliation. No officer shall be subject to disciplinary action, denied promotion or

threatened with any such treatment as a result of exercising privileges granted in the

Procedural Bill of Rights or as a result of utilizing the grievance procedure.

42.13 Adverse Information. An officer shall have five (5) working days knowledge of an

adverse comment in the officer's personnel file to submit a written response. Officers

shall not have any comment adverse to their interest entered in their personnel file or

any other file used for any personnel purposes by the employer, without the officer

having first read and signed the instrument containing the adverse comment indicating

the officer is aware of such comment, except that such entry may be made if after

reading such instrument, the officer refuses to sign it.

FOP Page 107

42.14 Polygraph Test. An officer shall not be compelled to submit to a polygraph

examination, chemical truth test, or a voice stress analyzer, nor shall an officer be

compelled to testify against oneself in a criminal case. Refusal to testify under this

provision shall not be grounds for disciplinary action. An officer who refuses to testify

on a case where he or she is the investigating officer or involved in the case as a

Sheriff's Office employee, however, may result in the officer's immediate dismissal.

42.15 Political Activity. Officers choosing to seek election shall request vacation leave

or request a formal leave of absence from their position with the agency. The leave

shall be for the period of time consistent with the campaign and, if elected, the officer

shall resign the position with the agency. While on duty, officers shall refrain from active

political campaigning of any type, including wearing political buttons, distributing

campaign material or similar activities.

Nothing herein shall be construed as preventing or prohibiting officers from exercising

their rights as citizens to express publicly or privately their opinions or to cast their

votes.

42.16 Witness for Corrective or Disciplinary Proceedings. Officers may request that a

witness be present whenever he/she is issued a written notice of corrective or

disciplinary action, which is intended to be a part of the officer's official personnel

record. Officers should be reminded of their right to have a witness by the supervisor

issuing the disciplinary action.

All disciplinary actions shall be administered as promptly as possible. The selection of a

witness will be at the discretion of the officer receiving the disciplinary action but shall

be limited to the most readily available steward, member of the F.O.P. Executive Board

or another officer. A witness shall not participate in the administration of a disciplinary

action and will be in pay status only if the witness is on duty and within their normal

working hours.

FOP Page 108

42.17 Psychological or Psychiatric Examination. No employee shall be required to

submit to any type of psychological or psychiatric examination unless reasonable

suspicion exists to request the test. If the Employer feels that reasonable suspicion

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

to examination. The employee shall be provided with all information held by the

Employer, or which the Employer reviewed prior to the request, including the names of

any witnesses or complainants and any information they provided, at the time the

employee is notified of the intent to require the employee to submit to an examination.

The employee may respond to such information and have such information provided to

the professional conducting the examination. The Employer will bear the expense of

the examination. The employee will be provided with a copy of all correspondence

between the Employer and the examining professional as well as a complete copy of

any report provided to the Employer by the professional as a result of the examination.

If the employee disagrees with such findings by the employer's professional, the

employee may, at their own expense seek an examination with a professional of the

employee's choice. If the findings of the professional of the employee's choice and the

professional provided by the Employer are in conflict, the Employer shall work with their

chosen professional and the employee's chosen professional to select a third

professional to conduct the final evaluation. The results of the final evaluation will be

binding on the parties as to the fitness for duty determination. The costs of the final

evaluation shall be split evenly between the employee and the Employer.

42.18 Civilian Employees. Civilians, non-sworn or contracted employees will not

assume the duties of FOP covered employees in such a way to cause displacement or

layoffs of such Employee as a direct result thereof without first meeting and conferring

with the FOP. The term "displaces" as used in this sub-section means the removal of

an employee from a regularly scheduled shift and/or position and replaced with a

civilian, non-sworn or contracted employee, In the event it becomes necessary to layoff

any FOP covered employees, any civilians, non-sworn or contracted employees not

covered by another union memorandum of understanding hired pursuant to this section

FOP Page 109

after the date of the memorandum of understanding, shall first be laid off and not

reinstated until after all FOP covered employees have been reinstated.

42.19 Critical Incident. Critical Incident should be defined for this section, and this

section only, of the agreement as any incident in which an employee's action(s) has

caused or had the potential of causing death or great bodily harm. Any employee who

is involved in a Critical Incident in which the employee's action(s) could result in criminal

charges being filed against the employee shall not be required to make any statements

for at least seventy-two (72) hours as it pertains to any Internal Affairs/Professional

Standards Unit investigation. Any employee who is involved in a Critical Incident shall

have the right to consult with their personal attorney before making any verbal or written

statements as it pertains to any Internal Affairs/Professional Standards Unit

investigation. Nothing shall preclude the employee from giving any statement at any

time should they desire to do so. This shall not relieve the deputy of the duty to provide

immediate information as it pertains to a criminal investigation.

FOP Page 110

SECTION 43.0

DURATION OF AGREEMENT

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

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

2014. However, in the event that the parties are engaged in meet and confer

negotiations for a successive Agreement upon the expiration of this Agreement, the

provisions of this Agreement shall continue in effect until the successive Agreement is

reached. The parties agree in good faith to commence negotiations and have

completed their submission of their case to a face finder (if necessary) not later than

sixty (60) days prior to the final vote of the County on its budget for the next fiscal year.

FOP Page 111

2008 financial crisis impact still hurting states Jake Gromm, Slate line StaffWrller 2:20p.m. EDT September 15, 2013

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

(Photo: Photos.com, Getty Images)

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Qutps:l/twitter.com!jutent/tweet?urEbttpoJ/usatJ¥/Ieu4dpw&text:=2008%20tinancia!0420crisis%

The effects of the v.orst economic dolM'lturn since the Great Depression are forcing changes on state

governments and the U.S. economy that could linger for decades.

By one Federal Reserve estimate, the country lost almost an entire year's WJrth of economic activity- nearly

$14 trillion- during the recession from 2007 to 2009.

5 YEARS AFTER LEHMAN: Obama to speak Chttp:l/w,wwsa!oday.com/story/theoval/2013/09/15/obama-speech-fiflh-annjyersarv-flnancjal­crlsls/2815955/)

FINANCIAL MELTDOWN: Could it hag pen agajo? Chttp:/ly.w.y.usatodaY.com/slory/Qplnlon/2013/09/12/fehroan-bros-sept-15-2008-ed!torjals­debates/2807373/)

CREDIT AGENCIES: Crisis tarnished reputations (http://w,wwsatoday,cornlstory/moneylbuslness/2013109/13/credl!-rating-agencies-2008-f!nanclal­cr!sjs-lehmanf2759025/)

CALLAWAY: Lehman and y..ben the buck broke (bttp:/lwMI! ysatoday,com/story/money/columnjsU2013/09/11/ca!laway-money-fynds-2008-flnanc!a!­crisls-lehman/280Q7831)

DELAMAIDE: What crisis? SEC snoozes (h!tp://w,wJ.usatoday.com/stor:ylmoneylbusfness/2013/09/12/delama!de-sec-enforcament-2008-financja!­crisis-lehman/28046531)

The deep and persistent losses of the recession forced states to make broad cuts in spending and public WJrkforces. For businesses, the recession

led to changes In expansion plans and WJtker compensation. And for individual Americans, it has meant a future postponed, as fev.er buy houses and start famlfies.

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

"In the aftermath of (previous] recessions there were strong recoveries. That Is not true this time around," said Gary Burtless, a senior fellow at the Brookings Institution. "This Is more like the pace getting out oft he Great Depression. •

A lost decade In housing

For years, housing served as the backbone of economic growth and as an investment opportunity that propelled generations of Americans into the

middle class. But the financial crisis burst the housing bubble and devastated the real estate market, leaving millions facing foreclosure, millions more

underwater, and generally stripping Americans of years' v.orth of accumulated v.eallh.

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

Horne values may have rebounded, he said, but the factors driving that recovery are very different than those that drove the growth in the market in

!he 1990s and 2000s. Sanders said more than half of recent home purchases have been made in cash, v.h!ch signals investors and hedge funds are

taking advantage of cheap properties. That could freeze out average buyers and also means !Htle real economic growth underpins those sales.

Those effects are clear in homeowners hip rates, v.h!ch continue to decline. In lhe second quarter of this year, the U.S. homeownership rate wes 65.1 %,

according to Census Bureau data, the lowest since 1995. In the mld-2000s, II topped 69%, capping a steady pace of growth that began after the early 1990s recession.

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

Inflated the housing bubble In the flrstplace. APPENDIX, TAB 1

•credit expanded, and now contracted, and it's going to be tight like this as far as the eye can see," Sanders said. "We so destroyed so many

households v.flen the bubble burst, there's just not the grounds~~.ell to fill the demand again .•

Some are skeptical that the tight credit market and new efforts to regulate the financial markets, like the Dodd-Frank law, will prove lasting. Americans

have often responded with calls for regulation after financial sector-driven crises and accusations of mismanagement, according to Brookings' Bur!less.

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

That can be seen in the Intense efforts to water dov.n Dodd-Frank's regulations, Burtless said, Federal regulators have already made moves to relax

requirements for some potential homeov.ners v.flo were victims of the recent housing crisis.

Even those steps and an unlikely return to easy credit might not fuel a full housing recovery without economic grov.th to back It up. As Sanders,

referring to the grov.th In !ow-wage and part-time employment, put it: "At those wages, it's tough to scramble together do\m payments and mortgages."

Turmoil in the housing market has already reshaped the makeup of households nationwide. Homeov.nership rates among people with children under

18 fell sharply during the recession, declining 15% between 2005 and 2011, according to Census Bureau data.

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

Slow job rebound

Lackluster job grov.th has outlived the dov.nturn. A study by the Economic Polley Institute shov.ed wages for all v.orkers, v.flen adjusted for inflation,

grew just 1.5% betv.een 2000 and 2007. But the last five years wiped out even those modest gains-the study found wages declined for the bottom

70% of all v.orkers since the recession began.

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

states.

One hopeful sign for 'Mlrkers Is the shift away from manufacturing gro'Mh In the typically low-wage South back toward the Rust Belt states, reversing a

movement that was laking hold before the doWI'lturn. That trend Is documented In a 2012 report from the Brookings Institution, "Locating American

Manufacturing: Trends in the Geography of Production. •

From 2000 to 2010, both the Midwest and South lost manufacturing jobs at about the national rate of 34%. But the Midv.est has seen nearly half of all

manufacturing jobs gained since 2010, almost double the increase in the South. For Michigan, the grov.th was 19%; In Indiana, 12%.

Even "with that grov.th, there are caveats. Autov.orker unions have ceded ground with companies on wages and benefits, for example, allowing new

hires to 'Mlrk for lo~~.er pay and fewer benefits than those v.flo've held their jobs longer.

Unemployment remains stubbornly high In some states, and the jobs created have leaned heavily toward part-time and low-pay v.ork. A study from the

San Francisco Federal Reserve found the proportion of U.S. jobs that are part-time Is high, as many of the jobs lost during the recession have not

returned.

States slashed spending

The recession forced states to cut spending across the board, a reversal from a general trend of 1.6% growth each year, according to the National

Association of State Budget Officers. States cut spending by 3.8% In fiscal year 2009 and by another 5.7% In flscal2010, the first such consecutive

declines since the organization began tracking spending in 1979.

As NASBO found, the situation forced states to cut areas "often considered politically sacrosanct, • such as education, public assistance programs and

transportation. It remains to be seen v.tlether the losses will ever be recouped.

Education comprises a significant portion of state budgets. In the 2012-2013 school year, for example, 35 states had K·12 funding that was below pre·

recession levels v.hen adjusted for Inflation, according to the Center on Budget and Policy Priorities (CBPP), a left-leaning think tank. Some states

reeled from spending cuts% of almost 22% compared to 2008.

Higher education funds fell too. Nationally, stales cut spending by more than 28% per college student from 2008 to 2013 v..flen adjusted for Inflation,

according to the center. Arizona's reductions topped 50%; 36 states cut by more than 20%. Only tv.o states, Wyoming and North Dakota, didn't reduce

higher education funding.

Those cuts had different consequences for students. In colleges, It meant skyrocketing tuition, ~lie In K-12, it often meant cuts to programs such as

summer and after-school programs, along 1Mth bigger classes sizes. Some states cut enrollment for pre-K as 'Mill.

Michael Leachman, director of state fiscal research at CBPP, said both had the effect of stripping state education systems that are vital In preparing

students and building feeders to the economy.

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

Fewer state workers

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

sector.

State and local governments have shed 681,000 jobs since their peak In August2008, by far the largest drop of any recession in the past half century,

according to the Nelson A. Rockefeller Institute of Government.

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

Stalistics.

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

days.

The unemployment stampede crushed unemployment insurance funds. Jobless claims grew from an average of 321,000 per week in 2007 to almost

670,000 at the peak in March 2009.

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

Many states have repaid those debts, but 17 still owe the federal government almost $20 billion and others have debt on the private market. Even

those 1Mth less or no debt are still reeling: Some have razor-thin balances even today (Rhode Island's is just over $500,000 IMth more than $162 million in debt).

Designed to ebb and flow \OAth unemployment, the trust funds are meant to be flush during good times and draiMl upon during do\Mlturns. Because of

poor accounting and tax cuts, many states were unprepared for the recession and 'Mire unable to cover costs.

The debt has forced some states to cut jobless benefits to levels not seen since 1935 Social Security Act created the program. H could mean

unemployment Insurance, the safety net's first line of defense against joblessness, may be missing in action ~en the next crisis hils.

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

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";, ··: ~: .. ;, '':?"q'f :;: l fi lgure:3 ~: ' '' .· ·.~};.,. ' ''. ; 1!1:.,~:.

Continued Growth of 8.3% Per Year Would Not Restore Losses from Recession Until Fiscal Year 2019

S 1.2 trillion

1.0

0·8 Actual collections ·

0.6

Average growth rate 1

1980-2008 '.I ' ,, 'I I ,I ,, \\

\

'\ •\

~-_.c'· \'_ -----

' Continued growth of 8.3%

0.4 --L,_ ..L,_....J____l,_..L,_....J____l,_..L,_....J____l,_..L,_....J____l,_..L,_....J____l,_

FY 19 FYOS FY=Fiscal Year

FY07 FY09 FY11 FY13

Source: CBPP ca lculations using NASBO revenue data.

FY15 FY17

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

Impact."

APPENDIX , TAB 2

s ·~ Q,l ... Q,l .. 0 t:

1%

0%

1% 2% Q,l .... c: ·;;; -3%

Q,l 1>1) c: ~ -4% ....

;!.. ~ ~%

·~

"' :i % E a

-7%

8%

Figure 1: State and Local Government Employment Is Now Lower Than Private Sector Employment, Relative to the Start of the Recession

Employm n ins I cted m ustn s m h current r c ssion

- Private - Stategov. - Local gov. - Stat EH oca l gov.

Source: U.

Source: The Nelson A. Rockefeller Institute of Government, January, 2014, "December 2013 Figures

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

APPENDIX , TAB 3

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

Year Assessed Valuation % Change

2000 $20 ,844,350 ,575

2001 $22 ,442 ,527 ,81 6 7.67%

2002 $23 ,011 ,158,436 2.53%

2003 $23 ,940 ,049 ,708 4.04o/o

2004 $25 ,357 ,723 ,849 5.92%

2005 $26 ,974,895 ,376 6 .38 o/o

2006 $28 ,915 ,593 ,877 7.19%

2007 $30 ,039 ,500 871 3.89%

2008 $30 ,980 ,005 ,308 3.13 o/o

2009 $30,175,117 ,836 -2.60o/o

2010 $29 ,421 ,998 97 4 -2.50%

2011 $29,937 ,338,7 59 1.75%

2012 $30 ,342 ,250,458 1.35%

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

APPENDIX , TAB 4

Kansas Assessed Valuation: 2000-2012

$30,980,005,308 $30,342,250,458

$29,937,338,759

-----

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012

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

Actual Budgeted

Revenue Expenditures Expenditures I 120,000,000 Revenue and Expenditures

2003 70,153,641 70,537,509 73,800,873

2004 76,197,585 73,747,646 78,765,389 I 1oo,ooo,ooo 2005 79,678,663 76,552,865 81,598,219

2006 84,407,604 81,344,041 85,961,600 80,000,000

L~ - lf)

2007 86,276,269 82,803,806 93,142,181 --Revenue I 2008 92,886,515 90,202,709 98,346,912 60,000,000 ~ 2009 90,893,175 95,889,268 99,051,137 --Actual

E-<

2010 88,261,797 92,324,873 99,541,061 40,000,000 ----- Expenditures :X: H

2011 89,928,571 87,081,088 95,440,356 --Budgeted 0

2012 96,030,934 96,158,350 98,601,265 20,000,000 Expenditures z - - -- - -- [:il

p,

2013 97,021,737 96,573,110 99,445,788 p, ~

Est 2014 98,342,869 95,382,364 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 201Ist 2014

General Fund Year End Balance General Fund

2003 3,275,047 20,000,000

2004 5,917,651

2005 9,177,728 15,000,000

2006 12,271,279

2007 15,817,563 10,000,000 2008 18,504,373

2009 13,495,280

2010 6,886,398 5,000,000

2011 9,733,881

2012 7,908,583

2013 8,357,210 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

Actual Rec Budget

2003 4.44% 19% 73,800,873 Reserves as a Percent of Budget 2004 7.51% 19% 78,765,389

20.00% 2005 11.25% 19% 81,598,219 18.00% 2006 14.28% 19% 85,961,600 16.00% 2007 16.98% 19% 93,142,181 14.00% 2008 18.82% 19% 98,346,912 12.00% 2009 13.62% 19% 99,051,137 10.00% --Actual

2010 6.92% 19% 99,541,061 8.00% --Rec

2011 10.20% 19% 95,440,356 6.00%

2012 8.02% 19% 98,601,265 4.00%

2013 8.40% 19% 99,445,788 2.00% 0.00%

2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

Mill Levy Change

2003 40.734 Mill Levy 2004 43.043 2.309 60.000 2005 42.091 -0.952

2006 41.850 -0.241 50.000

2007 41.919 0.069

2008 41. 662 -0 .257 40.000 -----·--·-~- ------- ------- ·--· -- -----------

2009 40.117 -1.545

2010 40.965 0.848 30.000

2011 41.016 0 .051 20.000 2012 43. 165 2.149

2013 44.196 1.031 10.000 .

2014 48. 180 3.984

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

KPERS Cha nge KPERS - Employer Contribution 2003 3.07%

2004 3.22% 4 .89% 10.00%

2005 3.41% 5.90% 9.00%

2006 3.81% 11.73% 8.00%

7.00%

--~·--- -- ---·- -----------~--~

-----------

2007 4.31% 13.12% 6.00%

2008 4 .93% 14.39% 5.00%

2009 5.54% 12.37% 4.00%

2010 6.14% 10.83% 3.00% ---------------···----------- --- - ---·-·------------------------------ -------·-·····--·---------------

2011 6.74% 9.77% 2.00% 2012 7.34% 8.90% 10 yr increase

1.00% 2013 7.94% 8.17% 158.63% 0.00% 2014 8.84% 11.34% 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014

KP&F

2003 10.20%

1 25 .00%

KP&F- Employer Contribution 2004 12.63% 23 .82%

2005 14.61% 15.68%

2006 15.21% 4.11% 1 2o.oo% 2007 16.00% 5.19%

2008 16.62% 3.87% I 15.00%

2009 16.18% -2.65%

2010 15.47% -4.39% I 1o.oo%

2011 17.11% 10.60%

2012 18.94% 10.70% 10 yr increase I 5.00%

2013 19.53% 3.12% 91.47%

2014 22 .26% 13.98% I 0.00% 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014

A I B I c D

1

2

3 I 2012 Actual

4 FUND

5 ALLOCATIONS

6 AMBULANCE 1,055,727

7 ANIMAL SHELTER 129,110

8 CI/CO COMMUNITY RESOURCES 46,495

9 CONSERVATION DISTRICT 45,000

10 EXTENSION COUNCIL 615,013

11 FAIR ASSOCIATION 65,700

12 MENTAL HEALTH- VALEO 1,826,512

13 MENTAL RETARDATION- TARC 1,025,540

14 SERVICE PROGRAMS ELDERLY 621 ,583

15 SOCIAL SERVICE GRANTS 241 ,931

16 HEAL THACCESS (Prescription Program) 122.500

17 SAFE STREETS 20,000

18 DRUG COURT - APPROVED BY BCC 6/3/13 15,000

19 SUCCESSFUL CONNECTIONS (United Way) 40,000

20 TPAC -21 ELECTED OFFICIALS

22 CLERK 752,966

23 DISTRICT ATTORNEY 3,054,625

24 REGISTER OF DEEDS 232,489

25 SHERIFF 13,993,668

26 TREASURER 331,659

?7 GENERAL FUND

28 GENERAL EXPENSE - All other 2,468,918

29 GENERAL EXPENSE- COPs 3,881 ,221

30 DEBT SERVICE 5,764,407

31 CONTINGENCY

32 CAPITAL OUTLAY 729,464

33 CAPITAL OUTLAY - Maner Coni Centre

34 CAPITAL OUTLAY - Parl<s & Rec

35 APPRAISER 1,490,419

36 AUDIT FINANCE/PURCHASING 562,394

31 BOARD COUNTY COMMISSIONERS 277,682

38 COUNSELOR 511 ,794

39 COUNSELOR- TAX FORECLOSURE - ----

33,33_1_L_

[ I F G HI I Jl K Ll M

2014 SHAWNEE COUNTY BUDGET AS APPROVED 8122113

2011 2013 Budget 2012 2014 Budget

Mill Levv Amt. Levied Mill Levv Request Adlust

1,057,798 1,057,798 (200,000)

129,110 129,110 (12,911) 46,495 55 ,000 (21 ,935) 45,000 45,000 (5 ,000)

615 ,013 615,01 3 (61 ,501)

65 ,700 73,000 (13,000) 1,826 ,512 2,029,458 (502,946)

1,025,540 1,072 ,841 (197,156) 621 ,583 622 ,000 (80,417)

241 ,931 242,000 (100,069) 122,500 122,500 20,000 20,000 (10,000)

15,000 15,000 -42 ,000 42 ,000 (42 ,000)

- - -

804 ,244 891 ,875 (122,445) 3,431 ,286 4,284 ,387 (603,101 )

220,452 238 ,591 (40,184)

14.303 ,573 17,577 ,045 (2,857 ,339) 419 ,216 569,591 (142,296)

2,287,873 2,300 ,500 (12,627)

3,500,000 5,948,751 (2.273,138) 7,220,422 6,350 ,326 313,091

500,000 500,000 -1,000,000 1,000 ,000 -

40,000 -- 2,000 ,000 (2,000,000)

1,622,988 1,604,554 (62,715) 539,532 539,532 (26,977) 285,650 307,434 (26,784) 554,133 562.153 (18.000)

- - ---34,000

·--34,232 (6.257)

I Nl 0 IPI Q I Rl

I 2014 Budget I 2013

Amt. Levied Mill Levy

857,798

116,199

33 ,065

40,000 553,512

60,000 1,526,512

875 ,685 541 ,583

141 ,931

122,500

10,000

15,000

--

769,430 3,681 ,286

198,407 14,719,706

427 ,295

2,287 ,873

3,675 ,613

6,663.417

500,000 1,000 ,000

--

1,541 ,839

512,555

280,650

544.153

27,975

s

Difference

201 3 & 2014

(200,000)

(12 .911) (13,430)

(5 ,000) (61 ,501)

(5.700) (300,000)

(149 ,855) (80 ,000)

(100,000)

0 (10,000)

0 (42 .000)

0

(34,814)

250,000 (22.045)

0 8,079

0

175,613 (557,005)

0

0 (40,000)

0 (81 ,149)

(26,977)

(5,000)

(9.980)

(6.025)

3/712014

I

Percentage

Change

From 2013

-18.91 %

-10.00% -28.88%

-11.11 %

-10.00%

-8.68%.

-16.42%

-14.61 % -12.87%

-41 .33%

0.00%

-50.00%

0.00% -100.00%

-4.33% 7.29%

-10.00%

0.00%

1.93%

-5.00%

-5.00%

-1 .75%

-2.72%

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~ [:-<

:><: H r=l z (IJ 0.. 0.. ~

3171201 4

A I B I c Dl E I f I G IHI I I J I K L M N 0 p Q R s T

1 2014 SHAWNEE COUNTY BUDGET AS APPROVED 8122113

2 I Percentage

3 2012 Actual 201 1 2013 Budget 2012 201 4 Budget 2014 Budget I 2013 Difference Change

4 FUND Mill Levy Amt. Levied Mill Levy Request Adjust Amt. Levied Mill Levy 201 3 & 2014 From 2013 40 COURT SECURITY 406,993 416,133 SHERIFF - - 0 0.00%

41 COURTS- ADMINISTRATIVE JUDGES 1,824,387 1,898 ,625 1,860 ,615 (65,019) 1,795,596 (103 ,029) -4.20%

42 COURTS- COURT SERVICES 115,427 225,124 224,700 424 225,124 0

43 COURTS- CLERK OF DISTRICT COURT 158,287 208,417 208,410 7 208 ,417 0

44 COURTS-IT 115,678 120,863 115,794 5,069 120,863 0

45 DISTRICT CORONER 380,228 405 ,777 405,777 - 405,777 0

~6 ELECTIONS 1,143,610 986,183 1,354 ,718 (122,718) 1,232,000 245,817 24.93%

47 EMERGENCY MANAGEMENT 228,563 242,348 297 ,783 (97,783) 200,000 (42 ,348) -17.47%

48 EXPOCENTRE 1,383,310 1,383,310 1,408,021 (24,711) 1,383 ,310 0 0.00%

49 EXPOCENTRE CAPTIAL OUTLAY 104,390 104,390 250,000 (145,610) 104,390 0

50 FACILITIES MANAGEMENT & HR 549,726 PARKS & REC - - - 0

51 HUMAN RESOURCES 228,037 252 ,866 331 ,014 (103 ,435) 227,579 (25,287) -10.00%

52 HEALTH AGENCY 4,386,731 4,603,451 4,603,451 (260 ,261) 4,343,190 (260 ,261) -10.00%

53 HEALTH AGENCY(Gatekeepers & other servic 222,316 222,316 222,316 (222,316) - (222,316)

54 INFORMATION TECHNOLOGY 2,762,547 2,893,889 3,408,379 (659, 184) 2,749,195 (144,694) -7.83%

55 IT- TELEPHONE 81 ,682 175,632 165,100 (85, 100) 80,000 (95,632)

56 JAIL- DETENTION FACILITY 14,925,140 15,524,220 15,472,693 - 15,472,693 (51 ,527) 0.15%

51 JAIL- EXPANSION 80,150 76,200 76,200 - 76,200 0

58 JAIL HEALTH SERVICES 2,711 ,828 2,570,044 2,627,645 - 2,627 ,645 57,601

59 JAIL TRUSTEE PROGRAM 112,980 128,257 129,998 - 129,998 1,741

60 JAIL FOOD SERVICE 960,480 924,042 944 ,441 - 944,441 20,399

61 P & R- RECREATION DEPARTMENT 5,696,134 5,696,369 6,206,670 (2,028,405) 4,178,265 (1 ,518,104) -10.00%

62 P & R- PARK DEPT 5,450,704 6,113,304 6,629,877 (516,573) 6,113,304

63 P& R- GOLF 1,616,781 1,600,815 1,727,547 (126,732) 1,600,815

64 P & R- PARK POLICE 266,414 329,946 472,934 (142 ,988) 329,946

65 P & R- ADMINISTRATION 1,969,967 1,440,607 2,165,569 (724 ,962) 1,440,607

66 PLANNING DEPARTMENT 277,483 281 ,794 266,280 65,514 331 ,794 50,000 17.74%

67 PW- ROAD & BRIDGE ADMINISTRATION 1,726,458 1,776,247 1,630,742 6,450 1 ,637,192 (139,055) -6.55%

68 PW- ROAD MAINTENANCE 3,731 ,604 3,756,620 4,848,396 (1 ,317,000) 3,531 ,396 (225 ,224)

69 PW- BRIDGE MAINTENANCE 536,540 540,404 455,775 27 ,500 483,275 (57, 129)

10 PW- EQUIPMENT MAINTENANCE 1,557,071 1,563,960 1,524,868 (39 ,500) 1,485,368 (78,592)

71 WEED DEPARTMENT 313,360 346,084 447,033 (247 ,033) 200,000 (146,084) -42 .21%

12 73 STEP INCREASE 0

7~ SCALE CHANGE - 0

317/201 4

A I B I c l o l E I I G IHI I I J I K I L M N l 0 l r l Q l R[ s T

1 2014 SHAWNEE COUNTY BUDGET AS APPROVED 8122113

2 Percentage

3 2012 Actual 2011 2013 Budget 2012 2014 Budget 2014 Budget 2013 Difference Change

4 FUND Mill Lev~ Amt. Levied Mill Levy Request Adjust Amt. Levied Mill Levy 2013 & 2014 From 2013 75 HEALTH AGENCY INCREASE - 0 / b

77 TOTAL EXPENDITURES 95,980,154 99,445,788 111,332,437 (15,950,073) 95,382,364 (4,063,424)

79 NON-LEVY PROJECTED REVENUE (29,772,992) (28,417,700)

80 INCREASE IN GENERAL FUND BALANCE (6,964,681) 3,000,000

81 NEIGHBORHOOD REVITALIZATION REBATE 0 798,413

82 EXPECTED TAX DELINQUENCIES - 4.25% 3,135,406 3,007,431 dj

84 LEVIED AMOUNT 95,980,154 43.165 65,843,521 44.196 73,770,508 48.187 (4,063,424) 85 VALUATION FOR YEAR OF LEVY 1 ,491 ,665,028 1,489,820,009 1,530,923,812

86 LEVY INCREASE (DECR) BETWEEN YEARS 1.031 3.991

87 GENERAL FUND- PROJ ENDING BALANCE , 7 ,908,583 4 ,698,283 7,698,283

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

BUDGET LEVY YR

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

ASSESSED VALUE

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

County Clerk Appraiser Register of Deeds Total

PERCENT CHANGE

2.76% -0.12% 0.90%

-0.73% 3.55% Increase since low -1.63% 2.80% Increase- 4 yr 0.04% 1.13% Increase - 5 yr 2.34% 3.58% 4.74% 5.39%

18.39% Increase - 1 0 yr

BUDGET

2010 2011 2012 827,884 798,709 753,772

1,973,543 1,951,669 1,588,192 398,132 261,000 277,258

3,199,559 3,011,378 2,619,222

2013 2014 804,244 769,430

1,622,988 1,541,839 220,452 198,407 1

2,647,684 2,509,676

I Percentage 2013 Budget 2014 Budget Difference Change

FUND Amt. Levied Amt. Levied 2013 & 2014 From 2013 ALLOCATIONS

AMBULANCE 1,057,798 857,798 (200,000) -18.91% ANIMAL SHELTER 129,110 116,199 (12,911) -10.00% CI/CO COMMUNITY RESOURCES 46,495 33,065 (13,430) -28.88% CONSERVATION DISTRICT 45,000 40,000 (5,000) -11 .11% EXTENSION COUNCIL 615,013 553,512 (61 ,501) -10.00% FAIR ASSOCIATION 65,700 60,000 (5,700) -8.68% MENTAL HEALTH- VALEO 1,826,512 1,526,512 (300,000) -16.42% MENTAL RETARDATION- TARC 1,025,540 875,685 (149,855) -14.61% SERVICE PROGRAMS ELDERLY 621 ,583 541 ,583 (80,000) -12.87% SOCIAL SERVICE GRANTS 241 ,931 141,931 (100,000) -41 .33% HEAL THACCESS (Prescription Program 122,500 122,500 0 0.00% SAFE STREETS 20,000 10,000 (1 0,000) -50.00% DRUG COURT 15,000 15,000 0 0.00% SUCCESSFUL CONNECTIONS (United 42,000 - (42,000) -100.00% TOTAL 5,874,182 4,893,785 (980,397) -16.69%

--

fund, which by law are to be used only for the purchase, establishment, maintenance, or

expansion of park and recreational services, programs, and facilities.

Beginning January 1, 2012, or as soon thereafter as practicable, the City will transfer to

the County the amount levied for funding City Parks and Recreation as set forth below. For the

purpose of this paragraph, the baseline for calculating the amount to be transferred to the County

shall be 2011. In 2011, the amount levied by the City was $5,011,893.

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

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

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

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

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

Fifty percent (50%) ofthe transfer of funds shall be completed on or by February 1st of

each year. The remaining amount shall be transferred by July 1st of each year.

Consistent with the Kansas Cash Basis Law, K.S.A. 10-1113 et seq., transfers of funds

levied for funding City Parks and Recreation shall be contingent upon the levy and collection of

funds budgeted for this purpose.

10. INDEMNIFICATION. The City hereby agrees to indemnify, defend and hold

harmless the County and its employees and officers from any clailns, causes of action; demands,

lawsuits, judgments, fees, workers compensation claims, costs or expenses of any kind against

the City as a result of the City's operation of the City Parks and Recreation Department that

accrued prior to January 1, 2012.

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

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

APPENDIX, TAB 7

8

Moony's INVESTORS SERVICE

New Issue: Moody's assigns Aa2 to Shawnee County's (KS) $930,000 GO Bonds, Series 2013; negative outlook removed

Global Credit Research- 01 Oct 2013

Aa2 rating affirmed on outstanding GO debt

SHAWNEE (COUNTY OF) KS Counties KS

Moody's Rating ISSUE RATING General Obligation Bonds , Series 2013 Aa2

Sale Amount $930,000

Expected Sale Date 10/04/13

Rating Description General Obligation

Moody's Outlook NOO

Opinion

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

SUMMARY RATINGS RATIONALE

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

Strengths

- Institutional stability provided by county seat Topeka (Aa3), which also serves as the Kansas state capital

- Recent surpluses rebuilding reserve levels

- Budgetary flexibility provided by alternate liquidity and unlimited levy raising authority

Challenges

-Trend of declining valuations

-Average income indices

- Fund balances below fund balance policy

APPENDIX, TAB 8

DETAILED CREDIT DISCUSSION

LARGE TAX BASE ANCHORED BY KANSAS STATE CAPITAL; RECENT DECLINES IN VALUATIONS

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

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

IMPROVED FINANCIAL OPERATIONS AFTER DECLINES IN RESERVES; FINANCIAL OPERATIONS SUPPORTED BY ALTERNATE LIQUIDITY

The county's financial operations have improved following significant reductions in General Fund reserve levels . Prior to fiscal 2009, the General Fund had consistently posted operating surpluses. In a reversal of this trend, the General Fund closed with significant operating deficits in fiscal2009 ($7 million) and fiscal2010 ($5.7 million), bringing the General Fund balance to $9.2 million, or a leaner 10.4% of revenues . Officials report the draws upon General Fund reserves were to provide property tax relief as overall revenues declined and property tax millage was not increased to offset expenses.

In order to regain structural balance, the county implemented various expenditure reductions and revenue enhancements. For fiscal 2011 , the county implemented a 10% reduction of departmental level budgets and the year closed with a $1 .2 million operating surplus . For fiscal 201 2, the county passed a balanced budget that includes a 2.14 millage increase in the property tax levy, and audited results show an additional $1.2 million surplus, bringing total General Fund balances back up to $11.9 million or 12.2% of General Fund revenues . Year to date estimates from fiscal 2013 point to balanced operations which will leave fund balances unchanged. Currently, the county is below their prescribed fund balance policy which targets maintaining 15 to 18% of budgeted expenditures in reserve. To get in compliance with the county's fund balance policy, the county has included an approximately 2 mill property tax increase which is projected to generate $3 million in addition to $4 million in expenditure reduction measures in the 2014 budget. The $4 million reduction in expenditures will balance county operations and the $3 million generated from the increased millage is projected to increase General Fund reserves to a total of approximately $15 million.

Property taxes comprised the majority of General Fund operating revenues at 74% in fiscal2012. The county has a 0.5% countywide sales tax , which is used for capital projects and is not available for operations. Sales tax collections have improved in recent years after seeing some declines during the recession. The county's Capital Projects Fund had a sizeable balance of $9 million at the close of fiscal 2012, which can be available for operations if necessary. The recent stabilization of the county's operations which have somewhat rebuilt reserve levels, coupled with the budgeted increase in the county's fund balances to regain compliance with its reserve policies, point to a satisfactory financial position in the near to medium term. Should reserve levels decline due to future structural imbalance, this could pressure the rating as reserve levels are already lower than similarly rated entities.

AFFORDABLE DEBT LEVELS WITH SOME FUTURE BORROWING PLANNED

The county's debt levels are expected to remain manageable given its low debt burden and satisfactory rate of principal amortization. At 0.9% and 5.0% of full value, respectively , the county's direct and overall debt burdens slightly exceed median debt levels for counties in Kansas and the U.S. but are still affordable. A large portion of the county's overlapping debt is due to the borrowing by the City of Topeka and the Shawnee County Unified School District 501 (rated Aa2). Debt service comprised approximately 14% of the county's operating expenditures in 2012. The pace of principal retirement is satisfactory with approximately 80.6% of all debt retired in ten years. The county may issue approximately $6 million in bonds to finance a new kitchen in its jail facility and to upgrade its election equipment. All of the county's outstanding debt is fixed rate, and the county is not a party to any swap agreements.

Budgetary pressure generated by Shawnee County's exposure to two statewide cost-sharing pension plans, the Kansas Public Employees Retirement System (KPERS) and Kansas Police and Firemen's Retirement System (KP&F), is expected to remain manageable in the near term. Both plans are administered under KPERS, and the county has consistently made its required contributions to both plans in accordance with statutory requirements . Total county pension contributions in fiscal2011 amounted to $3.5 million, which amounts to 3.7% of 2011 operating revenues. Contributions to KPERS are expected to increase by at least 0.6% of payroll and up to 1.2% of payroll annually through fiscal 2017. Moody's adjusted net pension liability (ANPL) for the county, under our methodology for adjusting reported pension data, is $97.2 million, or 1.0 times operating revenues , including the General Fund and Health Agency Fund compared to approximately 1.0 times on average for local governments. Moody's ANPL reflects certain adjustments we make to improve comparability of reported pension liabilities. The adjustments are not intended to replace Shawnee County's reported contribution information, but to improve comparability with other rated entities. We determined Shawnee County's share of liability for the cost-sharing plans administered under KPERS in proportion to its contributions to the plan. We expect that the county will adequately incorporate rising pension costs into its budget while maintaining operational balance.

WHAT COULD CHANGE THE RATING UP

- Sustained growth in reserve levels

- Improvement in resident wealth indices

WHAT COULD CHANGE THE RATING DOWN

- Operational imbalance leading to declines in reserve levels

- Significant deterioration in local economy and/or declines in valuations

KEY STATISTICS

2010 Census population: 177,934 (4.7% increase from 2000)

2012 Full value: $9.9 billion (1.6% average annual decline since 2007)

2012 Full value per capita: $55,568

2006-2010 Per capita income: $25,705 (99% of KS: 94% of US)

2006-2010 Median family income: $61 ,250 (98% of KS; 97% of US)

Shawnee County unemployment rate (July 2013): 6.6% (KS: 6.2%; US: 7.7%)

Fiscal2012 General Fund balance: $11.9 million (12.2% of General Fund revenues)

Direct debt burden: 0.9%

Overall debt burden: 5.0%

Estimated Principal amortization (10 years): 80.6%

Long-term general obligation debt outstanding: $44.4 million

Post sale certificate of participation debt outstanding: $44.5 million

PRINCIPAL METHODOLOGY

The principal methodology used in this rating was General Obligation Bonds Issued by US Local Governments published in April 2013. An additional methodology used in rating the lease revenue debt was The Fundamentals of Credit Analysis for Lease-Backed Municipal Obligations published in December 2011 . Please see the Credit Policy page on www.moodys .com for a copy of these methodologies.

REGULATORY DISCLOSURES

For ratings issued on a program, series or category/class of debt, this announcement provides certain regulatory disclosures in relation to each rating of a subsequently issued bond or note of the same series or category/class of debt or pursuant to a program for which the ratings are derived exclusively from existing ratings in accordance with Moody's rating practices. For ratings issued on a support provider, this announcement provides certain regulatory disclosures in relation to the rating action on the support provider and in relation to each particular rating action for securities that derive their credit ratings from the support provider's credit rating. For provisional ratings , this announcement provides certain regulatory disclosures in relation to the provisional rating assigned, and in relation to a definitive rating that may be assigned subsequent to the final issuance of the debt, in each case where the transaction structure and terms have not changed prior to the assignment of the definitive rating in a manner that would have affected the rating. For further information please see the ratings tab on the issuer/entity page for the respective issuer on www.moodys.com.

Regulatory disclosures contained in this press release apply to the credit rating and, if applicable, the related rating outlook or rating review.

Please see www.moodys.com for any updates on changes to the lead rating analyst and to the Moody's legal entity that has issued the rating.

Please see the ratings tab on the issuer/entity page on www.moodys.com for additional regulatory disclosures for each credit rating.

Analysts

Chandra Ghosal Lead Analyst Public Finance Group Moody's Investors Service

T atiana Killen Additional Contact Public Finance Group Moody's Investors Service

Contacts

Journalists: (212) 553-0376 Research Clients: (212) 553-1653

Moody's Investors Service, Inc. 250 Greenwich Street New York , NY 10007 USA

Moonv's INVESTORS SERVICE

© 2013 Moody's Investors Service, Inc. and/or its licensors and affiliates (collectively , "MOODY'S"). All rights reserved.

CREDIT RATINGS ISSUED BY MOODY'S INVESTORS SERVICE, INC. ("MIS") AND ITS AFFIUATES ARE MOODY'S CURRENT OPINIONS OF THE RELATIVE FUTURE CREDIT RISK OF ENTITIES, CREDIT COMIIIITMENTS, OR DEBT OR DEBT -LIKE SECURITIES, AND CREDIT RATINGS AND RESEARCH PUBLICATIONS PUBLISHED BY MOODY'S ("MOODY'S PUBLICATIONS") MAY INCLUDE MOODY'S CURRENT OPINIONS OF THE RELATIVE FUTURE CREDIT RISK OF ENTITIES, CREDIT COMMITMENTS, OR DEBT OR DEBT-LIKE SECURITIES. MOODY'S DEFINES CREDIT RISK AS THE RISK THAT AN ENTITY MAY NOT MEET ITS CONTRACTUAL, FINANCIAL OBLIGATIONS AS THEY COME DUE AND ANY ESTIMATED FINANCIAL LOSS IN THE EVENT OF DEFAULT. CREDIT RATINGS DO NOT ADDRESS ANY OTHER RISK, INCLUDING BUT NOT LIMITED TO: LIQUIDITY RISK, MARKET VALUE RISK, OR PRICE VOLATILITY. CREDIT RATINGS AND MOODY'S OPINIONS INCLUDED IN MOODY'S PUBLICATIONS ARE NOT STATEMENTS OF CURRENT OR HISTORICAL FACT. CREDIT RATINGS AND MOODY'S PUBLICATIONS DO NOT CONSTITUTE OR PROVIDE INVESTMENT OR FINANCIAL ADVICE, AND CREDIT RATINGS AND MOODY'S PUBLICATIONS ARE NOT AND DO NOT PROVIDE RECOMMENDATIONS TO PURCHASE, SELL, OR HOLD PARTICULAR SECURITIES. NEITHER CREDIT RATINGS NOR MOODY'S PUBLICATIONS COMMENT ON THE SUITABILITY OF AN INVESTMENT FOR ANY PARTICULAR INVESTOR. MOODY'S ISSUES ITS CREDIT RATINGS AND PUBLISHES MOODY'S PUBLICATIONS WITH THE EXPECTATION AND UNDERSTANDING THAT EACH INVESTOR WILL MAKE ITS OWN STUDY AND EVALUATION OF EACH SECURITY THAT IS UNDER CONSIDERATION FOR PURCHASE, HOLDING, OR SALE.

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Salary Increase History for Shawnee County

*Proposed

Classified CWA FOP AFSCME Teamsters Clerical Teamsters Public Works

2013 1%,1 Step 1%, 1%7/1 plus step 2 Steps 1%,3 steps ($.15 each) 1%, 1 Step 1%, 1 Step

2012 No Scale Change, No Steps No Scale Change, No Steps No Scale Change, No Steps No Scale Change, No Steps No Scale Change, No Steps No Scale Change, No Steps

2011 No Scale Change, No Steps No Scale Change, No Steps Steps No Scale Change, No Steps No Scale Change, No Steps No Scale Change, No Steps

2010 No Scale Change, Steps 2.0% plus Steps 2.0% plus Steps No Scale Change, Steps No Scale Change, Steps No Scale Change, Steps

2009 2% plus Steps 1.75% plus steps 2.0% plus Steps 1.5% plus Steps 1.5% plus Steps 1.5% plus Steps

2008 1.5% plus Steps Scale Fix Front End plus Steps 3% plus Steps 1.5% plus Steps 1.5% plus Steps 1.5% plus Steps

2007 2% plus Steps 3% plus steps, plus Step 21 2% plus Steps, Range Fix step 1,2 2% plus Steps 2% plus Steps 2% plus Steps

2006 2.0% plus Steps 2.0% plus Steps, 3% to range 302 2.0% plus Steps 1.5% plus Steps 2.0% plus Steps 2.0% plus Steps

2005 1% plus Steps Scale Fix Phase Ill 2.5% plus Steps 1.5% plus Steps 1% plus Steps 1% plus Steps

2004 No Scale Change, Steps Scale Fix Phase II 2.0% plus Steps 1.5% plus Steps 0% plus Steps 0% plus Steps

2003 No Scale Change, Steps Scale Fix Phase I 1.5% plus Steps $0.15 adjustment to scale Title Compression 2.5% plus Steps

0"\

o:l Teamsters DOC Teamsters Parks Teamsters Health Support Teamsters Health Professions Teamsters Process Servers ,c::r:

2013 1%, 1 Step 1%,1 Step 1%,1 Step 1%,1 Step = = E-i

2012 No Scale Change, No Steps No Scale Change, No Steps No Scale Change, No Steps No Scale Change, No Steps

2011 No Scale Change, No Steps No Scale Change, No Steps No Scale Change, No Steps No Scale Change, No Steps BU Mergered With Clerical Unit :X: 2010 No Scale Change, Steps No Scale Change, Steps No Scale Change, Steps No Scale Change, Steps No Scale Change, Steps H

2009 1% plus Steps 1% plus Steps 1.5% plus Steps 1.5% plus Steps 1.5% plus Steps (:l

2008 1% plus Steps 1% plus Steps plus scale fix 1.5% plus Steps 1.5% plus Steps 1.5% plus Steps :z; ril

2007 3% plus Steps 1.5% plus Steps plus scale fix 2% plus Steps 2% plus Steps 2% plus Steps 0.. 2006 2.0% plus Steps 2.0% plus Steps 1.3% plus Step plus some Reclasses 1.3% plus Step plus YOE cred 2.0% plus Steps 0.. 2005 1% plus Steps 1% plus Steps 1% plus Steps 1% plus Steps 1% plus Steps ,c::r:

2004 0% plus Steps 0% plus Steps 0% plus Steps 0% plus Steps 0% plus Steps

2003 2.5% plus Steps 2.5% plus Steps 2.5% plus Steps 2.5% plus Steps 2.5% plus Steps

Tab 10

'

Scale Change Comparison 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

FOP FOP

Classified Classified

FOP FOP

Teamsters DOC Teamsters DOC

1.5 1.5

0 0

1.5 1.5

2.5 2.5

2 3.5

0 0

2 3.5

0 2.5

2.5 6

2.5 6

1 3.5

2 8

2 3

2 8

2 5.5

2 10

2 5

2 10

3 8.5

3 13

1.5 6.5

2 15

2 8.5

2 17

0 8 .5

0 17

0 8.5

0 17

0 8.5

0 17

9 .5

3 2 2 0 0 0 13 15 17 17 17 17

1 0 0 0 9.5 10.5 10.5 10.5 10.5 11 .5

Cumulative% Inc from 2003-2013 20

---- ~ -- ..

I s ~--·-::- .

1 0 ~ 1 2oo3 2004 20o5 2oo5 20o7 2oo8 2oo9 2010 201·1· 2012 2013

L_____ --FOP --Classified ...

15

10

Cumulative% Inc from 2003-2013 20

15

10

5

0 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

--FOP --Teamsters DOC

0 rl

~ :X: H c:l z w 0.. 0.. ,:1;

Steps Comparison 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

Cumulative Step Inc from 2003-FOP 1 1 1 1 1 1 1 1 1 0 2 I FOP 1 2 3 4 5 6 7 8 9 9 11 2013

12 - /

Classified 1 1 1 1 1 1 1 1 0 0 1 110

---- ~ ~ Classified 1 2 3 4 5 6 7 8 8 8 9 8 ~

: --~--- ~·

2 ~ ..-..--0

2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

- FOP --Classifi ed

----

--~~---

FOP 1 1 1 1 1 1 1 1 1 0 2 I FoP 1 2 3 4 5 6 1 8 9 9 11 Cumulative Step Inc from 2003-

2013 Teamsters DOC 1 1 1 1 1 1 1 1 0 0 1 1 15 Teamsters DOC 1 2 3 4 5 6 7 8 8 8 9

10

5 ~ 0

2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

- FOP - Teamsters DOC

FOP CPI

2003 1.5 +2.3 = 3.8 1.7 2004 2.0 + 2.3 =4.3 2.1 2005 2.5 +2.3 = 4.8 2.5 2006 2.0 + 2.3 = 4.3 2.6 2007 2.0 + 2.3 = 4.3 2.3 2008 3.0 +2.3 = 5.3 3.4 2009 2.0 + 2.3 = 4.3 -.01 2010 2.0 + 2.3 = 4.3 2.2 2011 2.3 4.0 2012 0 2.3 2013 4.6 1.4

46.6% 24.4%

- FOP Cumulative

- CPI Cumulative

2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

Source: Kansas City, MO-KS CPI-U.S. Bureau of Labor Statistics. The average step increase for the FOP under its pay plan is 2.3%.

APPENDIX, TAB 11

Deputy

Labor Market Cost of living Comparison

2014 Fact Finding

Douglas County

Leavenworth County

Riley County

Sedgwick County

City ofTopeka

Wyandotte County

Butler County

Saline County

Reno County

Actual Wages

1

20.27

16.40

19.63

19.43

18.31

16.66

14.00

15.33

14.59

2013

2

20.80

16.83

20.13

19.90

19.01

17.30

14.25

15.77

14.91

3 4

21.34 21.87

17.26 17.69

20.63 21.12

20.38 20.85

19.71 20.41

17.93 18.57

14.51 14.76

16.22 16.66

15.22 15.54

6 7 8 9

22.41 22 .94 23.48 24.01 24.55

18.13 18.56 18.99 19.42 19.85

21.62 22 .12 22.62 23 .12 23 .61

21.32 21.79 22 .27 22 .74 23 .21

21 .11 21.81 22 .51 23.21 23.91

19.20 19.84 20.47 21.11 21.75

15.02 15.27 15.53 15.78 16.03

17.11 17.55 18.00 18.44 18.88

15.86 16.17 16.49 16.80 17.12

10 11 12 13 14 15 16 17 18 19 20

25.08 25.62 26.15 26.69 27 .22 27 .76 28.29 28.83 29.36 29.90 30.43

20.28 20.72 21.15 21.58 22 .01 22 .44 22.87 23.31 23 .74 24 .17 24.60

24.11 24.61 25 .11 25.60 26. 10 26.60 27 .10 27.60 28 .09 28 .59 29.09

23 .68 24. 16 24.63 25 .10 25.57 26.05 26.52 26.99 27.46 27 .94 28.41

24 .61 25.32 26.02 26.72 27.42 28 .12 28.82 29 .52 30.22 30.92 31.62

22.38 23.02 23.65 24 .29 24 .93 25 .56 26.20 26.83 27.47 28.10 28 .74

16.29 16.54 16.80 17.05 17.30 17.56 17.81 18.07 18.32 18.58 18.83

19.33 19.77 20.22 20.66 21.10 21.55 21.99 22.44 22 .88 23 .33 23.77

17.44 17.75 18.07 18.39 18.70 19.02 19.33 19.65 19.97 20.28 20.60

JAverage J 17.18J 17.66} l!l.i3J 18.61[ 19.09 J 19.56 J 20.04 J 205lj 20.99 J 2147J 21.94 J 22.42 J 22 .90 J 23.37 J 2385 J 24.33 J 24.80 J 25.28 J 25.76 J 26.23 J

Shawnee County 25 .21

$ Difference ($1.02)

% Difference -4.1%

Cost of living Converted Wages (www.bestplaces.net)

1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20

Douglas County 18.06 18.53 19.01 19.49 19.96 20.44 20.92 21.39 21.87 22 .34 22.82 23. 30 23.77 24 .25 24.73 25.20 25.68 26.16 26.63 27 .11

Leavenworth County 15.67 16.08 16.49 16.91 17.32 17.73 18.14 18.56 18.97 19.38 19.79 20.20 20.62 21.03 21.44 21.85 22 .27 22.68 23.09 23.50

Riley County 18.73 19.21 19.68 20.16 20.63 21.11 21.58 2206 22.53 23.01 23.49 23.96 24.44 24.91 25 .39 25.86 26.34 26.81 27.29 27 .76

Sedgwick County 19.21 19.67 20.14 20.61 21.07 21.54 22.01 22.48 22.94 23.41 23.88 24.34 24.81 25.28 25 .75 26.21 26.68 27 .15 27.62 28 .08

City of Topeka 18.31 19.01 19.71 20.41 21.11 21.81 22.51 23 .21 23.91 24.61 25.32 26.02 26.72 27.42 28 .12 28.82 29 .52 30.22 30.92 31.62

Wyandotte County 17.41 18.07 18.73 19.40 20.06 20.73 21.39 22.06 22 .72 23.38 24.05 24.71 25.38 26.04 26.71 27 .37 28 .03 28.70 29.36 30.03

Butler County 14.40 14.66 14.93 15.19 15.45 15.71 15.97 16.23 16.50 16.76 17.02 17.28 17.54 17.80 18.06 18.33 18.59 18.85 19.11 19.37

Saline County 15.33 15.77 16.22 16.66 17.11 17.55 18.00 18.44 18.88 19.33 19.77 20.22 20.66 21. 10 21.55 21.99 22.44 22 .88 23 .33 23.77

Reno County 14.92 15.24 15.57 15.89 16.21 16.54 16.86 17.19 17.51 17.83 18.16 18.48 18.80 19.13 19.45 19.77 20.10 20.42 20.74 21.07

JAverage - nc=- 16.89J 17.36J 17.83J 18.30J 18:i7 J 19.24 J 19.71 J 20.18 J 20.65 J 21.12J 21.59 J 22 .06 J 22.53J 23 .00 J 23.47 J 23.93 J 24.40 J 24 .87 J 25.34 J 25.811

Shawnee County 25 .21

$ Difference ($0.60)

% Difference -2.4%

C\l ...,

~ X H Cl z ril D.. D.. ~

Douglas County (Lawrence, KS)

Leavenworth County (Leavenworth, KS)

Riley County (Manhattan, KS)

Sedgwick County (Wichita, KS)

City of Topeka (Topeka, KS)

Wyandotte County (Kansas City, KS)

Butler County (EI Dorado, KS)

Saline County (Salina, KS)

Reno County (Hutchinson, KS)

Douglas County (Lawrence, KS)

Leavenworth County (Leavenworth, KS)

Riley County (Manhattan, KS)

Sedgwick County (Wichita, KS)

City of Topeka (Topeka, KS)

Wyandotte County (Kansas City, KS)

Butler County (EI Dorado, KS)

Saline County (Salina, KS)

Reno County (Hutchinson, KS)

Current Annual Starting Wage Converted Annual Starting Wage Difference

$42,162 $37,560 $34,112 $32,591 $40,830 $38,966 $40,414 $39,948 $38,085 $38,085 $34,653 $36,204 $29,120 $29,959 $3L886 $3L886 $3~~7 ~L~5

Current Annual Max Wage Converted Annual Max Wage Difference

$63,294 $56,386

$51,168 $48,886

$60,507 $57,744

$59,093 $58,411

$65,770 $65,770

$59,779 $62,455

$39,166 $40,294

$49,441 $49,441

$42,848 $43,819

% Difference

$4,602 12% $1,521 5% $1,864 5%

$466 1% $0 0%

-$1,551 -4% -$839 -3%

$0 0% -$688 -2%

% Difference

$6,908 12%

$2,282 5%

$2,763 5% $682 1%

$0 0% -$2,676 -4%

-$1,128 -3%

$0 0% -$971 -2%

Turnover

1st09

Reg Ees All Reg Employees 49

Average Number Ees 1079.45

%Tu rn Quart 4 .5%

Ann Terms

Annual Turn Rate

FOP BU FOP TERM 2

Ret 1

Res Oism

FOP Employees 94

%Turn Quart FOP Only 2. 1%

2nd 09 3rd 09

35 43

1115 .95 1117.6

3.1% 3.8%

0 1

1

99 101

0.0% 1.0%

4th 09

25 1129.6

2.2%

152

13.7%

0

100

0.0%

70

60

50

40

30

20

10

1st 10 2nd 10 3rd 10 4th 10 1st 11 2nd 11 3rd 11

33 43 34 44 39 45 35

1135.85 1127.6 1126.85 1109.85 1075.35 1048.45 1065.45

2.9% 3.8% 3.0% 4.0% 3.6% 4 .3% 3.3%

154

13.7%

4 l l u u L l

1 1 1

3 2 1

96 98 96 96 96 97 96

4 .2% 1.0% 1.0% O.!l"-' 0.0% 2.1% 1.0%

FOP vs Reg Ees Turnover

~~~~~~~~~~~~~~~~~~~~~ 09 09 09 09 10 10 10 10 11 11 11 11 12 12 12 12 13 13 13 13 14.

- FOP TERM - All Reg Employees

4th 11 1st 12 2nd 12 3rd 12 4th 12

56 33 60 52 36

1030.7 1013.95 1058.3 1029.7 1066.45

5.4% 3.3% 5.7% 5.1% 3.4%

175 181

16.6% 17.4%

l l , v v

1 3

1

95 94 91 91 91

1.1% 1.1% 3.3% 0.0% 0.0%

1st 13 2nd 13 3rd 13

41 49 35

1077.45 1081.95 1094.95

3.8% 4 .5% 3.2%

v

1

90 93 93

0 .0% 1.1% 0.0%

As of 3/7/14

4th 13 1st 14•

61 33

1050.25 1043 .25

5.8% 3.2%

1 3

92 90

1.1% 3.3%

881

3.9% average

22 2.5%

8

12

2

1.1% average

r'1 rl

(:Q

~

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