WCK, JULIUS, P.S. Attorneys at Low 5506 Avenue South Hathaway Building, Suite 201A Seattle, Washington 98108 (206) 957-0926 Fax: (206) 762?2418 Attorneys: Jeffrey Julius Admitted in WA jeftj@vjmlaw.com Hillary McClure Admitted in WA hillarym@vjmlaw.com Derrick A. Isackson Admitted in WA derricki@vjmlaw.com Alyssa Melter Admitted in WA AZ alyssam@vjmlaw.com Erica Shelley Nelson Admitted in WA CA (inactive) erican@vj mlaw.com Labor Consultants: Christopher K. Vick Will AitchiSOn Admitted in OR AK December 29, 2017 Public Employment Relations Commission 112 Henry Street Northeast, Suite 300 PO. Box 40919 Olympia, WA 98504?0919 Re: Seattle Police Of?cers? Guild and City of Seattle Unfair Labor Practice Complaint Dear Mr. .Sellars, The undersigned is currently representing the Seattle Police Of?cers? Guild in regard to the above captioned matter. Enclosed with this letter, please ?nd each of the following documents: 1. a Complaint charging unfair labor practices; and 2. a Certi?cate of Service. Please process these documents. Your cooperation is greatly appreciated. If you have any questions or comments concerning this matter, please do not hesitate to contact me. Respectfully submitted, Vick, Julius, McClure, P.S. Mtgwo 06/\ Hillary McClure Attorney At Law HM/lh Enclosures cc: Mayor Jenny Durkan Chief Kathleen O?Toole Kevin Stuckey, SPOG President COLLECTIVE BARGAINING no" 51m OF WASHINGTON I:l Amended Complaint in Case PUBLIC EMPLOYMENT RELATIONS COMMISSION 112 Henry Street NE, Suite 300, Olympia WA 98506 PO Box 40919, Olympia WA 98504-0919 Phone: 360.570.7300 Email: filing@perc.wa.gov Web: UNFAIR LABOR PRACTICE COMPLAINT Applicable Rules: Chapters 10-08, 391-08, and 391-45 WAC PARTIES Include information for all parties involved. COMPLAINANT Seattle Police Officers' Guild Contact Kevin Stuckey Address 2949 4th Avenue South City, State, ZIP Seattle, WA 98134 Telephone 206-767-1150 Ext. Email kevin@seattlepoliceguild.com RESPONDENT City of Seattle Contact Mayor jenny Durkan Address 13.0. Box 94749 City, State, ZlPSeattIe, WA 98124 Telephone 206-684-4000 Ext. Email jenny.durkan@seattle.gov EMPLOYER Seattle Police Department Contact Chief Kathleen O'Toole Address P.O. Box 34986 City, State, ZlPSeattle, WA 98124 Telephone 206-625-5011 Ext. Email kathleen.otoole@seattle.gov ALLEGED VIOLATION Indicate if the alleged violation is against: Employer CI Union Both* *Note: If the violation is against. both the union and employer, two separate complaints must be filed with two statements of facts describing the alleged violation against each. STATEMENT OF FACTS and REMEDY REQUESTED Attach on separate sheets of paper in numbered paragraphs a brief statement ofthe facts regarding-the alleged unfair labor practice(s). Include times, dates, places, and participants of occurrences. 0 Indicate statutes allegedly violated. - State whether a related grievance has been filed. - Describe the remedies requested. 0 For more information refer to WAC 391-45-050. BARGAINING UNIT *Note: If the alleged violation relates to more than-one bargaining unit, a separate complaint must be filed for each unit. Indicate Bargaining Unit: Officers Sergeants Department or Division: Seattle Police Department Collective Bargaining Agreement: The-parties have never had a contract. A copy of the most current contract is attached. AUTHORIZED SIGNATURE FOR COMPLAINANT Print Name Hillary McClure Address 5506 6th Ave South Suite 201A City, State, ZIPSeattle, WA 98108 Telephone [206] 957-0926 Ext. Email hillarym@vimlaw.com Signature ?g?m CE: Date l2'2?l l7 Form U-1 (3/2013) STATEMENT OF FACTS 1. The Seattle Police Of?cers' Guild ("Guild") is the exclusive bargaining representative for all commissioned law enforcement employees employed by the City of Seattle (?City?) in the Police Department through the rank of sergeant. 2. The Guild and the City have been and are signatories to a January 1, 2011 through December 31, 2014 collective bargaining agreement setting forth the wages, hours, and other terms and conditions of employment for members of the bargaining unit represented by the Guild. This collective bargaining agreement is attached as EXHIBIT A. The parties are currently in negotiations for a successor collective bargaining agreement. 3. At various points in 2017, the City of Seattle indicated that it may propose legislation (?Accountability Legislation?) that would change Various matters that would implicate wages, hours, and working conditions of Guild bargaining unit members. 4. Prior to March 10, 2017, the Guild orally demanded to bargain overthe decision and the effects of the City?s decision to make any changes to mandatory subjects of bargaining that might be addressed in any forth coming ?Accountability Legislation?. 5. On or about March 10, 2017 the Guild reiterated in writing its demand to bargain and con?rmed with the City that the City intended to comply with RCW 41.56. That correspondence is attached as EXHIBIT B. 6. In the summer of 2017, the City passed ?Accountability Legislation?. The legislation contained the following language in SMC 3.29.510 Implementation: Provisions of the ordinance introduced as Council Bill 118969 subject to the Public Employees? Collective Bargaining Act, chapter 41.56 RCW, shall not be effective until the City completes its collective bargaining obligations. Additionally, there is language in SMC 3.29.510 Implementation that states as follows: Consistent with Section 3.29.500, any provision for whichbargaining is not yet cOmplete shall not go into effect until collective bargaining obligations are satis?ed. 7. The stated goal of the ?Accountability Legislation? is to institute a comprehensive and lasting police oversight system. 8. On or about June 27, the. Guild again reiterated its demand to bargain over the decision and the effects of the City?s decision to make changes to mandatory subjects of bargaining Accountability Legislation ULP- Statement of Facts Page 1 of 6 through the provisions of the ?Accountability Legislation.? The Guild again con?rmed that the City intended to comply with RCW 41.56. That correspondence is attached as EXHIBIT C. 9. On or about August 17, 2017, the City, through its Labor Negotiator Cassandra da Costa, provided the Guild with a brief and two exhibits regarding the ?Accountability Legislation? that the City had drafted to submit in a Court proceeding. 10. Included within the documents provided to the Guild on August 17, 2017 was the following information: A. A list of those provisions in the ?Accountability Legislation?. that the City indicated it believed were subjeCt to bargaining and would not take effect or be implemented until the City?s collective bargaining obligations were satis?ed. B. Clari?cation that the City believed that every other provision, in the ?Accountability Legislation?, that was not identified on the list (of provisions that the City will bargain before implementing) was effective July 1, 2017. However,the City also indicated that it had not begun to implement all of those proVisions yet. Thus, provisions of the legislation were ?effective? but not yet ?implemented?. C. Clari?cation-that the City believed that as to every other provision, in the ?Accountability Legislation?, that was not identi?ed on the list (of provisions that the City will bargainbefore implementing), the City would begin to or continue to implement those provisions without awaiting further bargaining. However, the City also indicated that it would provide prior notice to the unions of its implementation plan and discharge any obligation to bargain effects. 11. The provisions that the City stated it would begin to or continue to implement without bargaining included mandatory subjects of bargaining. 12. Additionally, the ?Acbountability Legislation? amended (made deletions to) existing legislation that are mandatory subjects of bargaining and changed the status quo for members of the bargaining unit represented by the Guild. 13. The mandatory subjects of bargaining that were changes that the City stated it would implement withOut bargaining and/or were deletions from existing legislation include but are not limited to the following: Eliminating language that the collective bargaining agreement and related memorandums of agreement will control when there is a con?ict with the ordinance, eliminating language that the ordinance does not supersede the rights of collective bargaining agents to bargain, altering the standards for disciplinary ?ndings, establishing "Rapid adjudication? as a complaint resolution within the discipline process and setting the standards fOr rapid adjudication, creating terms of Accountability Legislation Statement of Facts Page 2 of 6 employment that employees are subject to discipline for violating, prOviding for the Of?ce of Police Accountability formerly named the Of?ce of Professional Accountability) to establish and manage the prOcesses to initiate, receive, classify, and investigate allegations'of police misconduct, determining criteria for the disciplinary complaint process, providing for the OPA to have authority to address complaints of misconduct in various ways, allowing for ongoing discipline investigations to be publicized, changing the criteria and service of the OPA director who makes recommendations that result in employee discipline, giving the OPA director authority to transfer bargaining unit memberqiving OPA additional authorities within the discipline process, altering how complaints 0 isconduct can be classi?ed, establishing conditions of employment for bargaining unit members, requiring audio recordings in the discipline process, allowing for OPA to attend and participate in any SPD administrative unit investigation, inserting the Chief of Police into the investigation of complaints of misconduct, involving the?Of?ce of Inspector General in the complaint handing process, involving the Of?ce of Inspector General in the complaint review and certi?cation process as well as the disciplineinvestigation process, limiting the Chief of Police?s ability to be the decision maker on discipline, limiting the ability of the Chief of Police to make independent discipline decisions, providing for civilians to do work currently performed exclusively by bargaining unit members, requiring civilian investigators in the discipline investigation procegstablishing new criteria and restrictions for investigators tasked with discipline investigatio providing non?public of?cer information to the Inspector General without protections on the information, changing publication of discipline in a way designed to identify of?cers, diminishing con?dentiality protections of bargaining unit member ?les and records, giving access to active criminal investigations into an of?cer and of?cer discipline ?les and records to new individuals with reduced protections for of?cer information, creating a new position within the discipline process (Inspector Gener (1 giving this individual duties within the discipline process, eliminating the Auditor position that had responsibilities within the discipline system, providing for the Inspector General to attend and participate in administrative investigation unit interviews and meetings, eliminating restrictions that reports not contain recommendations on discipline, expanding access to identifying information of of?cers in reports, lowering of con?dentiality protections of non-public OPA ?les, providing for the Of?ce of Inspector General to review any administrative investigation and make assessments on the investigations themselves as well as assessments on the ?ndings of the investigations, providing for the Of?ce of Inspector General to participate in any administrative investigation, providing for the Of?ce of Inspector General to participate in making changes to OPA processes, providing for the Of?ce of Inspector General to make determinations on misconduct complaints, eliminating protections that reports not contain any recommendation concerning the discipline of any particular of?cer or any recommendation concerning potential civil or criminal liability of any of?cer, Creating new requirements within the discipline system, creating new reporting systems within the discipline system, setting standards for disciplinary, grievance, and appeals policies and practices, publicizing discipline, changing training, assignment, and promotional "practices, changing take home car policies, unilaterally eliminating ongoing practices and procedures, eliminating agreements that were collectively bargained. 14. Additionally, in the August 17, 2017 documents, the City stated that ?(t)he only provisions of the Ordinance that the City has begun to implement are those that g0vern the selection of the Inspector General and OPA Director.? The documents further state that disciplinary investigation review duties and disciplinary investigation certi?cation responsibilities Accountability Legislation Statement of Facts Page 3 of 6 would no longer be performed by the Of?ce of Professional Accountability Auditor. The City assigned those duties to a new actor, an Inspector General. Moving the disciplinary investigation review and certi?cation duties from an Auditor to an Inspector General is a change to the disciplinary system. The change to the actors in the disciplinary system who review and certify disciplinary investigations into alleged misconduct of members of the Guild bargaining unit is a change to a mandatory subject of bargainingg 15. After receiving the August 17, 2017 documents, the Guild sent the City another reminder that the Guild has already demanded to bargain both the decision(s) and the effects of the decision(s) of each and every component of the "Accountability Legislation? and reiterated its demand. .16. Additionally, the Guild made a demand for bargaining information. In the demand, the Guild requested that for each provision that the City intends to implement without bargaining that the City identify the date upon which the City intends to implement each individual provision. 17. The City has failed to provide the Guild with any information regarding when the .City intends to implement each individual provision. 18. To date, the City has not noti?ed the Guild of any of its implementation plans for any provision of the ordinance that the City has taken the position is a non-mandatory subject of bargaining. 19.. To date, the City has not bargained the effects of any provision of the ordinance that the City has taken the position is a nOn-mandatory subject of bargaining. COUNT I Refusal to bargain mandatory subjects 20. All paragraphs above are reiterated. 21. The City?s unilateral decision and the effects of the City?s unilateral decision to make changes to mandatory subjects of bargaining set forth in the provisions of the ?Accountability Legislation? without ?rst bargaining constitutes a refusal to engage in collective bargaining. 22. The City?s refusal to bargain violates RCW 41 .56.140(1) and RCW 41 23. The City?s refusal to bargain in violation of RCW 41.56.140(l) and RCW 41.56.140(4) has injured the Guild and the members of the bargaining unit represented by the Guild. Accountability Legislation ULP- Statement of Facts Page 4 of 6 COUNT II Refusal to bargain effects of permissive subjects 24. A11 paragraphs above are reiterated. 25. If any of the provisions of the ?Accountability Legislation? are found to be non- mandatory, the City has still failed to bargain the effects of those provisions, which constitutes a refusal to engage in collective bargaining. 26. The City?s refusal to bargain violates RCW 41 .56.140(1) and RCW 27. The City?s refusal to bargain in violation of RCW 41.56.140(1) and RCW 41.56.140(4) has injured the Guild and the members of the bargaining unit represented by the Guild. COUNT Bad faith conduct 28. All paragraphs above are reiterated. 29. The City?s actions with regard to the ?Accountability Legislation? constitute acting in bad faith. 30. The City?s bad faith conduct violates RCW 41 .56.140(1) and RCW 31. The City?s bad faith conduct in Violation of RCW 41.56.140(1) and RCW 41.56.140(4) has injured'the Guild and the members of the bargaining unit represented by the Guild. COUNT IV Refusal to provide bargaining information 32. A11 paragraphs above are reiterated. 33. The City?s failure to prOvide bargaining information requested by the Guild constitutes a refusal to bargain in good faith. 34. The City?s refusal to bargain violates RCW 41 .56.140(1) and RCW 35. The City?s refusal to bargain in violation of RCW 41.56.140(1) and RCW 41.56.140(4) has injured the Guild and the members of the bargaining unit represented by the Guild. REMEDY WHEREFORE, the Guild requests the following remedies: A. Findings of fact consistent with the Guild?s allegations. Accountability Legislation ULP- Statement of Facts Page 5 of 6 An order requiring the City to 'cease and desist from refusing to bargain in violation 41.56.140(1) and RCW 41 An order requiring the City to cease and desist from acting in bad faith in Violation 41.56.1400) and RCW 41 An order requiring theCity to restore the status quo ante. An order requiring the City to provide the requested bargaining information. An order requiring the posting of all orders and notices in this matter. An order requiring the City to pay forthe Guild?s attorneys? fees. An order granting the Guild any and all other relief to which it is deemed entitled. Accountability Legislation ULP- Statement of Facts Page 6 0f 6 Exhibit . noncr206.767.1150 (phone) 206.768.1848 (fax) March 10, 2017 SENT VIA EMAIL ONLY Ms. Jennifer Schubert Labor Negotiator City of Seattle, Dept. of Human Resources, Labor Relations Division 700 Fifth Avenue, Suite 5500 9.0. Box 34028 Seattle, WA 98124-4028 Jennifer.schubert2@seattle.gov Dear Ms. Schubert, As you know from our conversations at several previous meetings with the City, the Guild beiieves that the accountability legislation drafted by the City includes proposed changes to numerous mandatory subjects of bargaining, and the Guild demanded tobargain the pro-posed changes to mandatory subjects of bargaining contained in the accountability legislation, both the decision and the effects. This letter serves as a reiteration of our demand to bargain both the decision and the effects of the decision to make numerous proposed changes to mandatory subjects of bargaining in the accountability legislation. The mandatory subjects in the accountability legislation include but are not limited to: civilian oversight of police, the discipline system, the standards for discipline cases, the investigative process, new disciplinary standards, the OPAsystem (including but not limited to timelines, the actor?s within GPA and their'duties), the Office of inspector General, the CPC (including their involvement in the diSCipiine system), access to personal/off duty inform ation/ private affairs, the working conditions of employees, transfers, assignments, promotions, leave without pay, training, disclosure of information, tracking and record retention, treatment of officers involved in use offorce, collective bargaining and labor agreements, the collective bargaining process, restrictions on personal speech, restrictions on protected activity, grievance and appeal process and restrictions, take home cars, civilianization of bargaining unit positions, review of cases, administrative review units/boards, and body cameras. It should be noted that we need to get information and clarification from the City regarding what it is proposing with regard to portions of the ordinance. Depending on the information we receive from the City it is possible that some ofthe "issue's wili actually be illegal subjects of bargaining as opposed to mandatory. The information that we have received from the City is that the draft legislation that was sent to the City Council is a draft and that it could change before the City has a proposal to share with the Guild-thatthe Guild could interpret as the City's proposal on the subjects. At this point our demand to bargain may be premature as the information thatwe have been provided by theCity is that the City does not yet have the proposal that it will be putting forth as. its proposal on the accountability legislation that it will be bargaining over with the Guild; however, out of an abundance of caution the Guild wanted to make sure thatthe City was clear-about the Guild?s demand to bargain over the accountability legislation. Please Page 1 of 2 Seattle Police Officers? Guild KevinStuckey? President 2949 Fourth Avenue South Rich?O?Neill Vice President Seattle, WA 98134 Walt Hayden Secretary/Treasurer Seattle Police Officers' Guild Kevin Stuckey President 2949 Fourth Avenue South Rich O?Neill Vice President . . Seattle, WA 98.134 Walt Hayden ?Secretary/Treasurer 206.767.1150 (phone) 206.768.1848 (fax) are SLAHLE I .. Home provide us with the City?s proposal when it is available. The City should interpret this demand to bargain to appiy to any future proposal set forth by the City. it is our understanding from the City that the City intends to comply with RCW 41.56 regarding the . implementation of the terms contained in the proposed ordinance and .that any portion of the proposed ordinance that contains a mandatory subject of bargaining will not go into effect and therefore will not be implemented until the City has met its bargaining obligations. Please let us know right away'if this is not an accurate understanding of the City's position. In summary, it is belief that the unilateral implementation of these changes would violate the Public Employees Collective Bargaining Act. Thus, the purpose of this letter is to request: 1. That the City bargains overall mandatory subjects in the accountability legislation. 2. That the City acknowledges that it will not implement any changes until it has complied with its obligations under the Public Employees Collective Bargaining Act. Sincerely, j" 1? F. . Kevn - uckeym President cc: Deputy Chief Carmen Best Director David Bracilano, City Labor Relations: Michael Fields Hillary McClure Page 2 of 2 Exhibit Hillary McClure From: Sent: To: Cc: Subject: Cassie, Kevin Stuckey Tuesday, June 27, 2017 3:47 PM Cassandra.daCosta@seattle.gov Hillary McClure; Rich O'Neill; Sarah Scott; Walt Hayden JLMC As we advised in our recent meeting, the Guild is reiterating that the Guild demands to bargain over the decision and the effects of the decision to implement the Accountability legislation and all of its components. It is our understanding from the City that the City intends to comply with RCW 41.56 regarding the implementation of the terms contained in the proposed ordinance. It is also our understanding that the City has recognized that it has bargaining obligations associated with the Accountability legislation. Furthermore, it is our understanding from the City that the City is committed to not implementing any changes to a mandatory subject of bargaining until the City has met its bargaining obligations. Please let us know right away if this is not an accurate understanding of the City?s position. This demand to bargain should not be construed as a waiver ofany other issues/objections the Guild may raise related to the Accountability legislation or the City?s actions with regard to the Accountability legislation Kevin D. Stuckey SPOG President 206?767-1150 BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION Seattle Police Of?cers? Guild, Union, CERTIFICATE OF SERVICE and City of Seattle, Employer. On this 29th day of December, 2017, I ?led, Via e?mail, the Unfair Labor Practice Complaint and this Certi?cate of Service to the following: Public Employment Relations Commission ?ling@perc.wa. gov Additionally, e?mailed a copy of the foregoing documents to the following parties: Jenny Durkan City of Seattle jenny.durkan@seattle. gov Chief Kathleen O?Toole Seattle Police Department kathleen.otoole@seattle. gov Dated this 29th day of December, 2017. Lara HarIa'? Administrative Assistant 1arah@vjmlaw.com 1 CERTIFICATE OF SERVICE VICK, MCCLURE, P.S. PAGE 1 OF 1 5506 6 AveSouth, Suite 201A Seattle, Washington 9 8 1 08 Tel: (206) 957-0926 Fax: {206: 762?2418 From: To: Cc: Subject: Date: Attachments: Lara Harlan PERC, Filing (PERC) jenny.durkan@seattle.gov; kathleen.otoole@seattle.gov; kevin@seattlepoliceguild.org; Hillary McClure City of Seattle and Seattle Police Officers" Guild - Unfair Labor Practice Complaint Friday, December 29, 2017 2:26:35 PM 2017_12_29 Unfair Labor Practice Complaint.pdf Good afternoon,   Attached to this e-mail please find an attachment containing each of the following documents for filing with the PERC on behalf of the Seattle Police Officers’ Guild:   1.         an Unfair Labor Practice Complaint and   2.         a certificate of service.   Please be advised that:   1.         all of these documents are .PDF documents that were created using  Microsoft Word and/or Adobe Acrobat; and   2.         the attachment consists of 95 pages.   Finally, please be advised that the name, address, telephone number and e-mail address of the person sending this e-mail message are set out below.   If you have any questions or comments, please do not hesitate to contact me.   Lara Harlan Administrative Assistant Vick, Julius, McClure, P.S. 5506 6th Avenue South, Suite 201-A Seattle, WA 98108 Voice: (206) 957-0926 Fax: (206) 762-2418