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HomeMy WebLinkAbout12/23/02 AGENDAFiLE 239 ~,th Street · Bremerton, WA 98337 · Phone (360) zt78-5280 · Fax (3601 zt78-5251 CITY COUNCIL MEETING AGENDA MONDAY - DECEMBER 23, 2002 "FISCAl. ~ BUDGI~T" and "OPERATIONS" COMMITTEE MEETING 5:00 - 5:30 P.M. in Council Conference Room CALL TO ORDER: 5:30 P.M. in Council Chambers A. Pledge of Allegiance B. Invocation CONSF~NT AGENDA A. Minutes of Meeting - December 4, 2002 (#AB02-258) 4. CLAIM,~CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. PUBLIC RECOGNITION - Comments limited to 3-minutes NEW BUSINESS A. Collective Bargaining Agreement between the City of Bremerton and the Bremerton Police Officer's Guild (BPOG) (#AB02-259) B. Rate Increases for 2003 for Olympic and Bremerton Ambulance Companies (#AB02-260) 9. ADJOURNMENT OF CiTY COUNCIL BUSINESS MEETING E-mail: citycouncil@ci.brernerton.wa.us · Web: www. ci.bremerton.wa.us AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: MINUTES OF MEETING- DECEMBER 4, 2002 FOR AGENDA OF: MONDAY, DECEMBER 23, 2002 ORIGINATING DEPT: CITY COUNCIL ORIGINATOR: CAROL ARENDS, PRESIDENT DATE SUBMITTED: DECEMBER 19, 2002 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: ENDORSEMENT [-] MAYOR: INFORMATION APPROVED FOR SUBMITTAL BY COUI~CIL PRESIDENT: ~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: 5. RECOMMENDATION: 7. NOTICE OF ACTION: COUNCIL DIRECTIVE: APPROVED [] 6. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: DISAPPROVED [--] AMENDED DATE: AGENDA BILL NO.: 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 11. RESEARCH SOURCES: TAPES #1866 & #1867 CITY COUNCIL MEETING MINUTES December 4, 2002 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, December 4, 2002, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Mike Short, Will Maupin, Mike Shepherd, Ed Rollman, Daren Nygren, Cecil McConnell, and Wayne Olsen. Council member Eric Younger was absent. Aisc present were City Attorney Roger Lubovich; Deputy City Clerk Paula Johnston; and Council Liaison Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConneli, followed by the invocation provided by Pastor Rick Bodrie of Calvary Chapel. CONSENT AGENDA - There were no Consent Agenda Items this week CLNMSICHE~K REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0031 M/S/C/U (McConnell/Olsen) On December 4, 2002 the Council approved payment for Check Numbers 276817 through 276917 in the amount of $230,687.06; and Retiree Payroll in the amount of $133,404.71 for the pay period ending November 30, 2002. COUNCIL MEMBER REPORTS Ed Rollman announced on December 6 the First Friday Art Walk event would include the arrival of Santa Clause, Winter Fest, a book signing, and the showing of an independent film "The American Rhapsody" at 8:00 P.M. at the Admiral Theatre. Mike Shepherd announced a free showing of "Pearl Harbor" at the Charleston Cinema on Callow Avenue, which will also include an introduction and discussion lead by a Pearl Harbor survivor beginning at 5:00 P.M. on Fdday, Saturday, and Sunday. He also mentioned that he expects conceptual drawings to be presented in January for the Police and Fire Facilities. Will Maupin reported on a number of meetings he attended (along with Council President Carol Arends and Council Member Mike Short), including the Kitsap Regional Coordinating Council (KRCC) Policy Board meeting, and meetings with the Kitsap County Health Board and Kitsap Transit Board. Mike Short also provided a briefing on the meetings previously mentioned by Council Member Maupin; in addition to the Emergency Management Board meeting. Carol Arends established her attendance at the meetings previously reported on by Council Members Maupin and Short. MAYOR'S REPORT Mayor Bozeman .... · Provided a progress report on the Bremerton Ice Rink; · Discussed a letter he received from the Department of the Navy regarding the $7-million gift for the acquisition of 44 acres in Eastpark; · Reported on his attendance at a 3-hour "Economy of the State" meeting in Senator Patty Murray's office, which included his appointment by Govemor Locke to serve on a 20-member Committee as the representative for Kitsap County to study economic development; TAPES #1866 & #1867 City Council Reg. Mtg. Minutes December 4, 2002 Page 2 of 6 · Met with Puget Sound Energy regarding the negotiation of a 10-year franchise contract, including the continuing negotiations to upgrade the downtown capacity; · Announced the tentative 3-year agreement with the Bremerton Police Department; · Was pleased to announce the City received the $13-million EFT on the Public Safety Bond; and · Provided several comments in closing regarding all of the projects currently in progress. PUB~.IC RECOGNITION Allen Shute presented a copy of a KIRO 7 Eyewitness News report on "Widespread Abuse of Parking Privilege for the Disabled" to support his views on this concern, and expressed his opposition to the proposed residential parking fee. Carol Atkinson of Bremerton Main Street Association and Marilyn Manskie of the West Sound Arts Council discussed the many activities planned for the First Friday Art Walk and Winter Fest events. Helen Miller thanked Council Member Mike Short for his assistance and follow-up in the repair of the broken water main under the Oyster Bay Channel. 9A - ORDINA~CI~ NO. 4832 [SECOND READING1 ESTABLISHING THE PUBLIC SAFETY PROJECTS FUND (#AB02-231): The first reading of the ordinance was heard on November 20, 2002. Helen Miller referred to the ordinance, and asked if Council would have authority to sign off each of the expenditures. Dick Saunders, Interim Finance Director, stated that periodic reports would be provided, and that staff would be accountable to the Council and to the public; and that all contracts would still require approval by the Council. Roger Lubovich, City Attorney, clarified that Council is not expected to approve every cost from the fund. Eric Younger arrived at the meeting and was seated at 6:00 P.M. Allen Shute concurred with the concerns expressed by Ms. Miller. Mike Shepherd reminded the public that the process for spending the funds would also include involvement by several committees. Cecil McConnell and Mike Short expressed their views as to why they opposed this ordinance the way it was written, with language that included administrative and project management costs, which they believed should be separate action so that the costs can be clearly defined. Will Maupin requested clarification on the language regarding the use of the funds. Mr. Lubovich explained that the first part of the language was included as part of the ballot measure for the bond, but that the additional language was added to first address the acquisition of land for a Fire Station, then based on an opinion by the Bond Council, to also include flexibility to authorize by law expenditures for closing costs and discretionary incidental costs, including project management. Eric Younger established that Council passed this ordinance last week on first reading without the last sentence added that states "and all incidental project management administrative costs allowed by lav~', and therefore suggested a "friendly amendment" to maintain the original language without the last sentence added - which was also not included in the ballot language. Mr. Olsen concurred. Mr. Saunders questioned if the proposed change would still allow the insurance payment for the bonds and the Bond Council, the Rating Agency, and related costs? Mr. Lubovich responded that these costs would all be authorized closing costs for the sale of the bonds. TAPES #1866 & #1867 City Council Reg. Mtg. Minutes December 4, 2002 Page 3 of 6 #1380 (Main Motion: Shepherd / Seconded: Short) Move to pass Ordinance No. 4832 on second reading, as amended creating the Public Safety Projects Fund. (Vote failed) #1415 ("Friendly Amendment" to Main Motion: Younger/Seconded: Short) Move to pass Ordinance No. 4832 on second reading, creating the Public Safety Projects Fund; but stdking a podion of the added language in SECTION 3 -- USE OF FUNDS: "and all incidental project management and administrative costs allowed by law". (No vote taken due to non-acceptance by Mr. Shepherd) Prior to the vote, Mr~ Shep, herd questioned how management of the project would be paid if the last sentence was omitted as proposed. Mr. Saunders explained the administration would need to evaluate what other resources other than proceeds from the bond or interest from the bond would be available. Mr. Shepherd concluded that this was more than a "friendly amendment" and therefore did not accept it. #1525 (Amendment to Main Motion: McConnell/Seconded: Younger) Move to strike a portion of the added language in SECTION 3 - USE OF FUNDS: "and all incidental project management and administrative costs allowed by law". (Vote passed) Discussion continued prior to the vote... Mr, Younger noted that after researching the bond issuance, he discovered that one of the main duties listed in the Job Description for the "ADMINISTRATIVE SERVICES DIRECTOR" included "administering large contracts for the City", therefore concluded that the City already has a position to provide the task of managing the project. Mr, McConnell reiterated the suggestion made earlier for the Administration to bring the Council a separate, detailed proposal addressing the issue of project management. Mr. Saunders recommended "tabling" this issue for further discussion. May~ Bozem,~n commented that he "couldn't imagine" doing a project of this size without identifying a Project Manager to assure good use of the funds. He further commented that it would be "irresponsible" on the part of the City to not have someone directly responsible for the management of this project. He agreed with Mr. Younger that the "incidental" term should be stricken, and agreed to bring Council a much more detailed budget on what the expenses are, and stressed that it was always their intention to provide a full review of this project to the Council as it moved along. Mrs. Arends summarized that the issue of contention was the inclusion of too many items under Section 3 of the Ordinance; not whether or not there would be a Project Manager, which the Council fully understood was necessary. Mr. McConnell offered to withdraw his first "Amendment to Main Motion", and suggested a second "Amendment to Motion" not to strike the added language, but to insert the words "as approved by separate Council action" as originally proposed by the City Attorney during the Pre-Council Session. #1898 following the discussion, the vote was taken on the first Amendment to the Main Motion]... Voted in favor of Amendment: McConnell, Rollman, Short, Younger, and Arends Voted opposed to Amendment: Nygren, Shepherd, Maupin, and Olsen Amendment carried: 5-Yes; and 4-No #1935 the vote was then taken on the original Main Motion as amended... Voted in favor of Main Motion: Nygren, Rollman, Maupin, and McConnell Voted opposed to Main Motion: Shepherd, Short, Younger, Olsen, and Arends Main Motion failed: 4-Yes; and 5-No Mayor Bozem~n asked if the previous votes prevented the Administration from using proceeds from the Bond to provide Project Management. TAPES #1866 & #1867 City Council Reg. Mtg. Minutes December 4, 2002 Page 4 of 6 Mr. McConneil established that because the Main Motion failed, the fund was just eliminated, and would have to be brought back up for another vote. #2090 (Main Motion: Younger / Seconded: Short) Move to pass Ordinance No. 4832 on second reading creating the Public Safety Projects Fund as amended, striking a portion of the added language in SECTION 3 - USE OF FUNDS: "and all incidental project management and administrative costs allowed by law". (Vote passed) #2388 after additional discussion, the vote was taken on the Main Motion... Voted in favor of Motion: Rollman, Younger, Short, McConnell, and Arends Voted opposed to Motion: Shepherd, Maupin, Olsen, and Nygren Motion carded: 5-Yes; 4-No 9B -,ORDINANCE NO. 4833 [SECOND READING1 ESTABLISHING THE DISCRETIONARY RESI~RVE FUND {#AB02-232): The first reading of the ordinance was heard on November 20, 2002. Dick Saunders, Interim Finance Director, reiterated details of this ordinance, and was available to answer questions. There were no comments from the public. #2488 M/S/C/U (Rollman/Short) Move to pass Ordinance No. 4833 on second reading. 9C - ORDINANCi~ NO. 4834 [SECOND READING1 RELATING TO LID ASSESSMENTS (#AB02-233): The first reading of the ordinance was heard on November 20, 2002. Roqer Lubovich, City Attorney, reiterated details of this ordinance, and was available to answer questions. There were no comments from the public. #2576 M/S/C/U (Short/Olsen) Move to pass Ordinance No. 4834 on second reading. Daren Nygren stepped out of the meeting at 6:50 P.M. 9D - ORDINANCE~ NO. 4835 [SECOND READING] AMENDING BREMERTON MUNICIPAL CODF CHAPTER 3.0t ",RATES & FEES" TABLE FOR 2003 (#AB02-234): The first reading of this ordinance was heard on November 20, 2002. There were no comments from the public. #2633 M/S/C/U (McConnell/Olsen) Move to pass Ordinance No. 4835 on second reading. Council Member Daren Nygren was not available for this vote and returned to the meeting at 6:53 P.M. 9E - ORDINANCE NO. 4836 [SECOND READING1 RELATING TO HEARING EXAMINER APPLICATIONS AND APPEALS (#AB02-235): First reading of this ordinance was heard on November 20, 2002. There were no comments from the public. #2685 MISICIU (Olsen/McConnell) Move to pass Ordinance No. 4836 on second reading. TAPES #1866 & #1867 City Council Reg. Mtg. Minutes December 4, 2002 Page 5 of 6 9F - ORDINANC~ NO. 4837 [SECOND READING] CREATING UTILITY LOCAL IMPROVEMENT DISTRICT (#AB02-239): The first reading of this ordinance was heard on November 26, 2002. Michael Mecham, City Engineer, was available to answer questions. There were no comments from the public. #2745 M/S/C/U (Rollman/Maupin) Move to pass Ordinance No. 4837 on second reading. 9G - ORDINANCE [FIRST READING1 AMENDING THE 2002 BUDGET {#AB02-240): Dick Saundere, Interim Finance Director, summarized that this amending ordinance will incorporate all of the changes which have been identified threughout 2002. Many of the changes are related to items that have been presented for Council's approval over the course of the year. Revenues received that are significantly greater than anticipated have been used to offset several expenditure items not included in the original apprepriations. There were no comments from the public. Mr. Younqer referred to Budget Adjustment No. 33, and asked for clarification on capital expenditures related to the bond issue. Mr. Saunders responded that the amount apprepriated for expenditures may change and that the previded numbers were estimates. Cathy Johnson added that the amounts were previded to anticipate any costs as projects preceed. Ms. Johnson clarified for Mr. Shepherd that any money dedicated to project management would be available if project management were eliminated. #3085 M/S/C/U (Olsen/Rollman) Move to approve the ordinance amending the fiscal year 2002 budget on first reading. 9H -ORDINANCE [FIRST READING] ADOPTING THE 2003 BUDGET (#AB02-241): Dick Saunders, Interim Director of Finance, summarized that this ordinance adopts the City's 2003 Budget at the fund level as described in the Mayor's preliminary budget. Maypr Bozeman expressed his appreciation for all the work done by Mr. Saunders, and then asked the Council for their direction in how to manage the Public Safety Bond. Helen Miller asked for the amount of the 2003 budget and deficit. Dick Saunders explained the budget was now balanced. Del Knauss reiterated his concern that the Mayor and City Council will be receiving their scheduled raises in light of the City's economic concerns. He also suggested that the City not charge residents for residential parking. TAPE #1867 Mr. I~cConnell preposed to re-title the Council Liaison to Legislative Assistant; and the Legislative/Internal Auditor Assistant to Council/Auditor Assistant. Mr. Rollman offered his support for the proposed budget. Mr. ~hepherd asked if the additional funds estimated from the proposed residential parking fees were included in this budget. Mr. Saunders answered yes, and clarified that the amount allocated in the budget was based on $1 per month fee. Ms. Arends pointed out that the issue of residential parking was scheduled for discussion on the agenda next week. 7 TAPES #1866 & #1867 City Council Reg. Mtg. Minutes December 4, 2002 Page 6 of 6 #0010 M/SIC (Short/Nygren) Move to approve the ordinance adopting the 2003 Budget on first reading. Voted in favor of Motion: Rollman, Maupin, Short, Younger, Olsen, McConnell, Nygren, and Arends Voted opposed to Motion: Shepherd Motion carried: 8-Yes; and 1-No #0025 (Amendment to Main Motion: Shepherd) Move that Account 354.0000 "Parking Infractions" be increased by the entire amount necessary ($25,000) to pay for the residential parking permit program. (Motion failed due to the lack of a Second) With no further regular business, the meeting adjourned at 7:23 P.M. The Council reconvened in the Council Conference Room to hold a Study Session on "Exempt Employee Policies and Procedures". Prepared and Submitted by: Attest: LORI SMITH Council Liaison PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton CA/PJ/Is/cge c: Normal Distribution; File AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: Collective Bargaining Agreement between the City ORIGINATING DEPT: And the Bremerton Police Officer's Guild (BPOG). ORIGINATOR: DATE SUBMITTED: December 23, 2002 Human Resources Carol Conley December 12, 2002 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: Chief of Police.~ff4--~ea~ ~ ~~/' Proposed C~ ~argaining Agreement City Attorney: ~: ~-, Director of Fi~an~e.~' !~ .l.,,-. ((.~._ ~ "~ ( ~:: ~' ._ ENDORSE]~F.~T [ ] INFORMATION [ ] APPROVED BY COUNCIL PRESIDENT FOR SUBM~TAL: I,o/MAYO~~~ COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Pursuant to RCW 41.56, negotiations have concluded between representatives of the City and the Bremerton Police Officers' Guild resulting in the attached Collective Bargaining Agreement. This Agreement replaces the current Agreement that will expire on December 31, 2002. The new Agreement is for a three (3) year term, beginning January 1, 2003 through December 31, 2005. It has been ratified by the BPOG's membership on December 11, 2002. Council approval is required to implement this agreement, and a budget amendment will be necessary to fund this agreement in an amount of $106,149 for 2003. 8. RECOMMENDATION: Motion to approve the Collective Bargaining Agreement by and between the City and the Bremerton Police Officer's Guild, January 1, 2003 through December 2005, and make the necessary amendments to the budget. PULLED [ ] TABLED [ ] COUNCIL DIRECTIVE: APPROVED [ ] e RESPONSIBLE OFFICIAL: Carol Conley ENFORCEMENT OFFICIAL: Carol Conley EXPIRATION DATE: 12/31/2005 REVIEW DATE: 07/01/2005 10. NOTICE OF ACTION: DISAPPROVED[ ] AMENDED [ ] DATE: __ 11. AGENDA BILL NO.: 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: Failure of the Council to ratify this Agreement and provide funding would result in declaration of impasse and binding interest arbitration. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: The cost of these changes will be approximately $106,149. Sufficient funds are available in the 2003 budget to cover the cost of implementing the first year of this agreement. 7. RESEARCH SOURCES: LABOR AGREEMENT BY AND BETWEEN 'THE CITY Of BREMERTON AND BREMERTON POLICE OFFICERS GUILD JANUARY 1,200._34: THROUGH DECEMBER 31, 2005_~ PREAMBLE This Agreement is made and entered into pursuant to the provisions of RCW Chapter 41.56 by and between the City of Bremerton, a municipal corporation of the State of Washington, hereinafter known as the "City", and the Bremerton Police Officers Guild hereinafter known as the "Guild" for the purpose of setting forth the wages, hours and working conditions which shall be in effect during the term of this Agreement for employees included in the bargaining unit described in Article 2 below. 1.1 ARTICLE 1 DISCRIMINATION ALLEGATIONS An employee who believes that he or she has been the subject of unlawful discrimination on the basis of political affiliation, age, sex, marital status, race, creed, color, religion, national origin or activity protected by RCW 41.56 shall seek relief through the appropriate local, state or federal agency charged with investigating such matters and shall not process such complaints through the Grievance Procedure of this Agreement. 2.1 ARTICLE 2 RECOGNITION The City recognizes the Guild as the sole and exclusive bargaining representative for the purpose of negotiations concerning wages, hours and working conditions for the bargaining unit described in the State of Washington Public Relations Commission Decision No. 2371-PECB dated the 10th day of January, 1986 as: "All full-time and regular part-time uniformed employees holding the rank of sergeant or below in the Bremerton Police Department; excluding all confidential or supervisory and other employees of the employer." 3.1 3.2 3.3 ARTICLE 3 GUILD DUES DUES DEDUCTIONS: The City will deduct monthly Guild dues and initiation fees uniformly required of membership from the pay of those employees who provide written authorization to the City to make such deductions. The City will transmit the total amount of deductions to the Treasurer of the Guild. MAINTENANCE OF MEMBERSHIP: An employee who is a member of the Guild upon the date of the signing of this Agreement and an employee who joins the Guild subsequent to the date of the signing of this Agreement shall maintain membership in good standing with the Guild through the payment of periodic dues assessed by the Guild during the term of this Agreement. An employee who was not a member of the Guild prior to September 3, 1986 shall not be subject to this Article. SERVICE FEE OPTION: New employee within thirty (30) calendar days of hire and all other employees shall elect whether that employee wishes to (1) join the Guild and pay Guild dues and fees or (2) decline to join the Guild and pay a service fee equivalent to regular Guild initiation fees and dues to the extent permitted by law. PROPOSED COLLECTIVE BARGAINING AGREEMENT FOil RA'IIFICAT[ON CITY OF BREMERTON, WA_. - BREMERTON POLICE OFFICER GUILD January 1, 2003-:[ through December 31. 2005;~ PAGE 1 3.4 3.5 3.6 EQUIVALENT DUES PAYMENT: In accordance with RCW 41.56, object, ions to joining the Guild wiiicli are based on bona fide religious t~-nets or teachings of a church or religious body as may be determined by the Public Employment Relations Commission will be observed. Any such employee shall pay an amount of money equivalent to regular Guild dues to a nonreligious charity mutually agreed upon by the employee affected and the Guild. FAILURE TO COMPLY: An employee who fails to comply with this Article shall be terminated upon notice of such fact in writing from the Guild to the City. Termination of such an employee shall become effective within thirty (30) calendar days from the date the City received the notice, unless the employee has remedied the delinquency within said thirty (30) calendar day period provided that the habitual failure to timely pay dues, service fees or charitable contributions shall, upon the request of the Guild, result in the discharge of the offending employee. HOLD HARMLESS: The Guild shall indemnify and hold the City harmless fr~_m any and all liability to third parties resulting from the administration of the provisions of this Article. 4.1 4.2 4.3 ARTICLE 4 GUILD ACTIVITY CONDUCT OF GUILD BUSINESS: Guild business, such as handling grievances and other legitimate routine matters, may be conducted on Police Department premises provided that such business does not interfere with Police Department operations and is authorized by the Police Chief or designee. Scheduled Guild meetings may be held in Police Department facilities provided that such meetings do not interfere with Police Department operations and are approved in advance by the Police Chief or designee. GUILD REPRESENTATIVES: The Guild shall provide written notice to the Mayor, the Director of Human Resources and the Police Chief of the names of the officials authorized to represent the Guild immediately upon their election or appointment. The City will provide reasonable access to City premises to such authorized representatives for the purpose of handling grievances and other legitimate Guild business provided that such access does not interfere with the work and duties of Guild employee representatives or of other on-duty employees. The Police Chief or designee shall grant an employee who is also an Guild Representative reasonable release time while on duty for the purpose of handling grievances and other legitimate Guild business, provided that such release time does not unreasonably interfere with the work and duties of the employees or of other on-duty employees. USE OF CITY PROPERTY: Use of City property is authorized as provided below. 4.3.1 USE OF EQUIPMENT: The following Police Department equipment is authorized for use by authorized Guild representatives for Guild business: 4.3.1.1 WORD PROCESSING EQUIPMENT, COMPUTERS AND TYPEWRITERS: when needed for short work. 4.3.1.2 COPY MACHINES: up to five (5) copies for members of the Guild's board. If more are needed, the Guild shall reimburse the Police Department for costs subsequent to receipt of an itemized billing. 4.3.1.3 TELEPHONE: Local calls are approved. Costs of long distance calls and FAX use shall be reimbursed by the Guild to the Police Department subsequent to receipt of an itemized billing. PROPOSED COLLECTIVE BARGAINING AGREEMENT FOR RATIFICATION CITY OF BREMERTON, WA_. - BREMERTON POLICE OFFICER GUILD January 1, 2003-g through December 31. 200~ PAGE 2 5.1 5.2 4.3.2 B_ULLETIN BOARDS: The Police Department shall permit the reasonable and lawful use of bulletin boards by the Guild for the posting of notices relating to official Guild business. ARTICLE 5 WAGES HOURLY WAGE RATES: Hourly wage rates shall be paid as set forth in Appendix A which is attached hereto and made a part hereof which reflects the following: · Effective January 1,2003, Appendix "A" reflects a 2.5% increase. Effective January_ 1, 2004, the wage increase shall be based upon 90% of the CPI-W for SeattleFFacomaJBremerton as o.f_.[une 30, 2003,. plus a .5% adjustment with a minimum increase of 2% and a maximum increase of 5%. Effective January 1, 2005, the wage increase shall be based upon 100% of the CPI-W for Seattle/Tacoma/Bremerton as o_f_~_une ~0, 2004, plus a .5% adjustment with a minimum increase of 2% and a maximum increase of 5%. · Effective JanuaD' 1, 2003, Sergeants will a 2.5% increase to their base rate of pay in addition to the COLA. 5.1.1 Advancement through the hourly wage rates from the first rate through the final rate of the longevity scale will occur upon completion of the prescribed number of full year(s) of continuous employment since the employee's last wage placement. In the event an employee is on approved leave of absence without pay, the employee's next wage rate advancement date will be extended by the actual number of days the employee was absent on such leave. No such step increase shall be denied employees who have met acceptable performance standards. Step increases may be withheld for a maximum of six (6) months. The denial of a step increase is subject to the grievance procedure. 5.1.2 A new employee's wage rate shall be set at the first year rate, except that a new employee who has prior paid work experience as a full time Patrol Officer in a police service which operates a full time service using paid employees, may have his or her wage rate set at the second year or third year rate based upon relevant years and type of prior experience. Placement at second or third year rates shall be determined by the City. LONGEVITY PAY: Longevity pay, which is a rate of pay based on the length of completed continuous service with the City, shall be calculated on the individual employee's hourly wage rate and shall be paid as follows: Len..eth of Continuous Service Rate Per Hour 0 through 5 years continuous employment 0% PROPOSED COLLECTIVE BARGAINING AGREEMENT FOR RATIFICA'IION CITY OF BREMERTON, WA_. - BREMERTON POLICE OFFICER GUILD January 1,200}:1- through December 31. 20053 PAGE 3 Commencing 6 through 10 years continuous employment 1.25% 5.3 5.4 6.1 6.2 Commencing 11 through 15 years continuous emPloyment 2.5% Commencing 16 through 20 years continuous employment Commencing 21 through 25 years continuous employment Commencing 26 years and over continuous employment 3.75% 5% 6.5% ON CALL PAY: When the Employer places an employee on "on-call status," the employee shall be compensated at a rate of one-third (1/3) the regular hourly rate of pay for time spent on call. The following time spent on call is compensable: When an employee is required to remain at any particular place during the on-call time, and the employee must be prepared to respond. This provision shall not apply to employees who normally carry pagers, and such employees' time off shall not be restricted. OFFICER IN CHARGE: When a patrol officer is assigned substantially the full duties of Sergeant, the officer will be paid at a rate as if promoted to Sergeant for the duration of the assignment. This shall not apply to MPO' s. ARTICLE 6 HOURS OF WORK NORMAL HOURS OF WORK: The normal hours of work shall be forty (40) hours per week. SHIFTS: Patrol shifts for the Operations Division are as follows: Day 6 a.m. - 2 p.m. Swing 2 p.m. - 10 p.m. Grave 10 p.m. - 6 a.m. Days off will be assigned by supervisors as currently practiced. Other shifts may be worked, provided they do not exceed forty (40) hours per week and are mutually agreed to by the Employer and employee. Individuals that apply for other Operational units of work such as Bike Patrol, Boat Patrol, Traffic Unit, K-9 Unit, School Resource, special grant assignments, agree up front when selected for the assignment to mutually agree to adjust hours as outlined in the assignment announcement. The Department shall provide at least 72 hours advance notice of the need to adjust schedules for these special units. The Department shall work on resolutions with the employee when a change in the work week creates personal issues and shall seek volunteers first before requiring such officers to change their schedule. The Support Services Division is comprised of the Special Operation Group, General Investigations, Community Resource Unit and other specialty non-patrol units of work. Employees of this Division are scheduled to work eight (8) daily hours or as mutually agreed. 6.2.1 Shift assignments within the Patrol and Traffic Divisions shall be bid by seniority at least twice annually, on March 1st and September 1st, provided that no more than thirty-three percent (33%) of the positions within the Patrol and Traffic Division shall be exempt from the bidding process and assigned as is provided below. For the purposes of this section, seniority shall be defined as all paid regular time worked as a commissioned officer with the City of Bremerton Police Department. Special events and emphasis patrol for the traffic division shall be excluded from Article 6. PROPOSED COLLECTIVE BARGAINING AGREEMENT FOR RATIFICATION CITY OF BREMERTON, WA_. - BREMERTON POLICE OFFICER GUILD January 1, 20033 through December 31. 2005~ PAGE 4 6.3 6.4 6.5 6.6 6.2.2 Exempt positions may be assigned at the sole discretion of the Chief of Police, provided that no officer past his or her one-year probationary period may be reassigned to another shift more often than once every six months. 6.2.3 Notwithstanding 6.2.1 and 6.2.2, the Chief of Police may reassign any non-probationary employee for just cause twice each year and probationary employees may be reassigned to shifts at the discretion of the Chief of Police. 6.2.4 Sergeants shall be allowed to bid for shifts on the basis of time since promotion to Sergeant, provided Section 6.2.2 and 6.2.3 above shall not apply to Sergeants, and provided further, the Chief of Police may assign a Sergeant to a particular shift without regard to seniority when such assignment is reasonably necessary to the efficient provision of police services. SHIFT EXCHANGES: Employees may exchange full or partial shifts when the change does not interfere with the duties and responsibilities of the employees in their positions and provided that the immediate supervisors of such employees find that no interference will occur as the result of a mutually agreeable shift exchange. The Police Chief or the Chief's designee may overrule such a finding by the immediate supervisor in the event that the Department's service or training needs require specific employees to be on duty during their assigned shifts. SHIFT CHANGEOVER COORDINATION: An employee who has been transferred from one shift to another shall normally be scheduled to begin the newly assigned shift upon a day or at a time which results in the employee receiving at least eight (8) hours of rest between work shifts. In the event that the transfer from one shift to another results in an employee receiving less than eight (8) hours of rest between work shifts, the employee shall be paid overtime for time worked during the eight (8) hour period between work shifts. An employee who receives a minimum of eight (8) hours of off-duty time between work shifts shall not be eligible for overtime compensation for shift changeover coordination time. ASSIGNMENT TRANSFER REVIEW REQUEST: Assignment transfers will be made at the discretion of the Police Chief or designee. Except in emergencies, at the employee's request, the Police Chief will provide his/her reason for the assignment transfer prior to the transfer. The employee may submit information as to why the assignment transfer should not take place. The Police Chief will review the information and inform the employee of his/her decision. This review process is not subject to the grievance procedure. TRAINING: Work shifts may be changed by the employer to accommodate structured training as follows: a) b) c) d) e) At least seven (7) calendar days advance notice is provided to the employee. The shift change will be for full day training schools/sessions. If training is scheduled during a normal day off, the employee will keep his/her normal work schedule and be paid overtime. The parties further agree that the foregoing may be changed by mutual agreement, on a case-by- case basis. An unpaid lunch break during which the employee is not considered on duty or subject to responding to calls shall be granted for a full 8 hour training day when the training occurs off site and is not city-sponsored, ARTICLE 7 OVERTIME PROPOSED COLLECTIVE BARGAINING AGREEMENT FOIl RAqlFICA'IION CITY OF BREMERTON, WA_. - BREMERTON POLICE OFFICER GUILD January 1, 2003..[ through December 31. 20053 PAGE 5 7.1 7.2 7.3 7.4 7.5 7.6 8.1 OVERTIME DEFINED: Overtime is all required and authorized work performed in excess of an employee's normal work schedule. OVERTIME COMPENSATION: Overtime work shall be compensated at the rate of one-and-one-half (1½) times an employee's hourly rate in cash or in one-and-one-half (lt/2) times the overtime hours worked in compensatory time. Overtime compensation in compensatory time may be granted upon the request of the employee and with the approval of the Police Chief or designee. LIMITATION ON COMPENSATORY TIME: The maximum allowed accrual of compensatory time is fifty (50) hours and all time accrued in excess of that maximum shall be paid at the applicable rate, provided that time earned may be cashed out upon the employee's request as provided below. A request for compensatory time can be denied if it "unduly disrupts" the operation of the Department. Undue disruption is more than inconvenience to the Department. This will be determined on a case-by-case basis. For requests to use one day of compensatory time one-day notice is required. For request to use more than one (1) day of compensatory time, five (5) days notice is required. Employees who wish to cash out accumulated compensatory time will have the option of receiving this pay at the end of November of each year. Employees who exercise this option shall may submit their request in writing to the Chief no later than November 1st each year. It shall be the sole responsibility of the employee to request cash out of accumulated compensatory time in a timely manner, therefore, any such requests received after the November 1'~t deadline will be disapproved and sent back to the employee. CALL BACK OVERTIME: An employee who has left the workplace and who is called back to duty with less than twenty-four (24) hour notice for a period of time which is less than three (3) hours, shall receive a minimum of three (3) hours of overtime compensation COURT AND/OR SUBPOENAED APPEARANCES: An employee who appears in Court arising out of his/her employment with the City or who responds to a subpoena on behalf of the City on off-duty time shall receive a minimum of three (3) hours of overtime compensation for such appearance. An employee who has been subpoenaed to appear in Court shall call the Court on the morning of the date of the scheduled appearance to confirm that the subpoena is still active. If the subpoena remains active after the telephone call, the employee shall then qualify to receive a minimum of three (3) hours of overtime compensation for responding to the subpoena. If the subpoena is no longer active after the employee calls in, no compensation shall be due the employee. For civil subpoenas, payment for off-duty subpoena appearance is based on matters resulting from the employee performing police duties for the City. Off-duty officers will be compensated for total time in Court at the overtime rate of pay or a minimum of three (3) hours whichever is greater. Witness fees received by the officer from the plaintiff or defendant shall be assigned to the City. This Agreement does not include other subpoenaed appearances, such as Civil Service or arbitration subpoena, or compensation for telephone calls. The employee shall notify the Chief or designee as soon as the subpoena is served. ARTICLE 8 VACATION LEAVE VACATION ACCRUAL: Employees shall accrue vacation time with pay for all regularly scheduled work time including paid holiday, sick leave, vacation and other leave time and excluding time for which workers' compensation time loss benefits are paid pursuant to the following schedule: Period of Continuous Full Time Emnlovmen~t Annual Accrual PROPOSED COLLECTIVE BARGAINING AGREEMENT FOR RATIFICATION CITY OF BREMERTON, WA_. - BREMERTON POLICE OFFICER GUILD Jalluary 1, 2003-:[ through December 31. 2005.2 PAGE 6 Date of Hire through 5 years 104 hours 6th year 120 hours 7th year 128 hours 8th year 136 hours 9th year 144 hours l0th year 152 hours 11th year 160 hours 12th year 168 hours 13th year 176 hours 14th year 184 hours 15th year 192 hours 16th year 200 hours 17th year and thereafter 208 hours 8.2 VACATION ELIGIBILITY: An employee becomes eligible to take accmed vacation time upon completion of six (6) full months of employment; provided, however, the Chief Police may grant an exception to the six-month role. Vacation time must be taken in segments of one-half (V2) hour or more. Vacation time must be fully accrued prior to the time an employee takes any vacation time off. 8.3 VACATION SCHEDULING: Annual vacation leave shall be authorized by the Police Chief or designee. Personnel shall be allowed to bid for vacations based upon seniority following the shift bidding process; provided, that vacation requests for time not scheduled throughout the bidding process shall be scheduled by mutual agreement. 8.4 MAXIMUM VACATION ACCRUAL: The maximum number of vacation accrual hours that any employee shall be allowed to carry forward from one calendar year to the next is as follows: Years of Continuous Employment Maximum Balance 0-2 years 160 hours 2-5 years 200 hours 5-10 years 240 hours 10-15 years 280 hours 15-20 years 320 hours 20+ years 360 hours 8.4.1 In the event an employee has been prohibited from taking sufficient vacation time to reduce his or her vacation balance to the maximum allowable carryover at the end of a calendar year, the excess hours shall be paid out in cash at the employee's straight time hourly rate unless the Chief ~"~,'-,,',~ approves an extension of the time period beyond the end of the calendar year during which the employee must take all vacation hours which exceed the maximum allowable carryover. An employee who fails to request scheduled vacation time during the year and whose accrued vacation hours exceed the maximum carryover balance at the end of the calendar year shall forfeit such excess vacation hours. 8.5 VACATION PAY-OUT: Upon the retirement, resignation, or termination of an employee or upon the date of an employee's disability retirement, the accrued vacation hours of such an employee will be paid to the employee in a cash lump sum payment. PROPOSED COLLECTIVE BARGAINING AGREEMENT FOR RATIFICATION CITY OF BREMERTON, WA_. - BREMERTON POLICE OFFICER GUILD January 1, 2003-~- through December 31. 2005~ PAGE 7 8.6 DONATIONS OF VACATION LEAVE: Donations of Vacation leave permit employees to aid a fellow employee who is suffering from an extraordinary or severe illness, injury, impairment, physical or mental condition which has caused or is likely to cause the employee to take leave without pay or to terminate his or her employment prior to a determination that the affected employee is not expected to recover to an extent that will enable the employee to resume his or her normal duties or the duties of another position with the City or another employer. 8.6.1 ELIGIBILITY: An employee who (1) is suffering from an illness or injury causing his or her extended absence from work, and (2) who has depleted or will shortly deplete his or her total available accrued vacation, sick and floating holiday leave, may request donations of vacation leave. 8.6.2 CRITERIA FOR APPROVAL: A request for donations of vacation leave shall be submitted to the requesting employee's Department Head accompanied by medical documentation verifying the medical condition requiring the need for leave, and the time period during which the employee can reasonably be expected to be absent from work due to the condition. Upon verifying that the requesting employee meets all of the eligibility requirements above and upon determining that the medical documentation received provides appropriate verification of the medical condition and time period involved, the Department Head will recommend the employee's request for donations of vacation leave be approved by the Mayor. The Mayor will review the request to assure that all of the requirements set forth in this subsection have been met and, if so, shall approve the employee's request for donations of vacation leave. 8.6.3 CONDITIONS OF DONATION: An employee who has been employed for at least six (6) months who desires to donate accrued vacation leave to a requesting employee will do so as a tYee and voluntary_ act and no duress or coercion shall be placed upon an employee to make such donation of his/her accrued vacation leave. Employees who are utilizing donated leave to cover their own absences may not donate leave to another employee until such time as they have returned to their normal schedule, and any excess donations made to them have been returned pursuant to 8.6.5 below. An employee who desires to donate vacation leave shall complete a Donation of Vacation Leave Form and submit it to hisser Department Head. The donated vacation leave will be transferred to the requesting employee's sick leave balance with the next payroll report. Forms will be date stamped and all time donated shall be in full hour increments and shall be credited to the employee on an hour-for-hour basis. A monthly update of the condition of the employee by the attending prinmry medical doctor shall be required and furnished to the Department Director. PROPOSEI) COLLECTIVE BARGAINING AGREEMENT FOR RATIFICATION CITY OF BREMERTON, WA: - BREMERTON POLICE OFFICER GUILD January 1, 20034 through December 31. 20053 PAGE 8 8.6.4 8.6.5 USE OF DONATED LEAVE: An employee who has received donated vacation leave will be able to use the leave in the same manner as if he or she had personally accrued the leave, provided that the use of the leave is in conformance with the provisions of this Article. UNUSED DONATIONS: In the event of excess donations received but not used due to early recovery, resignation, retirement or death, all donations received but not utilized shall be returned to the donating employee(s) based on the proportion of hours that employee donated in relation to the total hours donated by all employees (e.g. an employee who donates 50 hours of 450 hours total donated shall be credited with 50/450ths 'of the hours not utilized). Such returned leave shall be reflected in the appropriate leave balance as soon as possible. Time donated for this pur_r_r_pose will not be considered as time used during the donor's iperformance rating period. ARTICLE 9 HOLIDAYS 9.1 HOLIDAYS OBSERVED: The following holidays shall be observed by the City: New Years Day Martin Luther King's Birthday President's Day Memorial Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas 9.1.1 In addition, any other holiday legally proclaimed by the Federal or State government, provided that the City takes official action to have such holiday also observed by the City. 9.2 FLOATING HOLIDAY: Each employee shall be allowed one (1) additional holiday to be observed by the employee on a day mutually agreeable to the employee and the Police Chief or designee. 9.3 HOLIDAY COMPENSATION: Employees shall receive an additional eleven (11) days vacation leave per year in lieu of holidays, except as enumerated in the premium holiday compensation section. The accrual and payment of such additional compensation shall be in accordance with the Employer's established practice in this regard. 9.4 PREMIUM HOLIDAY COMPENSATION: In the event an employee is required to work during the term of this Agreement on Labor Day, New Years Day, Memorial Day, Independence Day, Thanksgiving Day, and Christmas Day, such employee shall be compensated at the rate of one-and-one-half (1¥2) times the employee's hourly rate of pay. It is recognized that non-uniformed officers are not scheduled to work on the holidays enumerated in this section. 9.4.1 Effective January 1. 2004, President's Day and Martin Luther King's Birthday will also be compensated as premium holidays in addition to those listed above. 9.4.2 Effective January 1., 2005, Veteran's Day and the Day after Thanksgiving will also be compensated as premium holidays in addition to those listed above. ARTICLE 10 SICK LEAVE PROPOSED COLLECTIVE BARGAINING AGREEMENT FOR RA'I'IFICATJON CITY OF BREMERTON, WA_. - BREMERTON POLICE OFFICER GUILD January 1, 2003.~ through December 31. 2005_~ PAGE 9 10.1 10.2 10.3 10.4 10.5 10.6 SICK LEAVE ACCRUAL: Employees shall accrue sick leave time with pay at the rate of .046154 hours for all normal hours of work including holiday, sick leave, vacation and other paid leave time excluding time for which workers' compensation time loss benefits are paid. The maximum annual accrual is ninety-six (96) hours. MAXIMUM SICK LEAVE ACCRUAL: Employees shall be able to accrue sick leave to a maximum of twelve hundred (1,200) hours. SICK LEAVE INCENTIVE: An employee who takes thirty-two (32) hours or less of sick leave in any full calendar year shall have eight (8). hours added to his or her vacation leave balance at the beginning of the following calendar year. SICK LEAVE RETIREMENT OR DEATH PAYMENT: An employee who retires from City service on a service retirement or an employee who dies shall be provided a Sick Leave Retirement Payment at thirty-five percent (35%) of the employee's accrued and unused sick leave hours to a maximum of 35% of 960 hours (a maximum total of 336 hours). The payment will be made to the employee or the employee's estate at the employee's regular hourly wage rate in effect at the time of retirement or death. SICK LEAVE USE: Sick leave must be accrued in the pay period prior to use by an employee. Sick leave shall be made available to each employee up to the amount of each employee's accrued sick leave balance and shall be used in increments of no less than one-half (%) hour to cover an employee's absence from his or her regularly scheduled work hours due to: 10.5.1 The temporary disability of an employee resulting from his or her personal illness or injury. 10.5.2 Providing care for an employee's children under the age of 18 when they have a health condition that requires supervision or treatment, as currently defined by the Washington State industrial welfare law, RCW 49.12.270 and as may be amended by the Washington State Legislature. 10.5.3 Attending medical, dental and/or oculist appointments as needed for preventive or rehabilitative health care of the employee or the employee's children when such care requires parental presence to supervise or authorize treatment. 10.5.4 Upon the birth or adoption of a child, a father may use up to three (3) days of accrued sick leave. 10.5.5 Providing for an employee's immediate family member when the family member has a health condition that requires the assistance of an adult caretaker until such time as other care can be arranged. No more than five (5) days of sick leave can be used for this purpose per calendar year, unless as otherwise provided in this section or by law. NOTIFICATION OF SICK LEAVE USE: An employee who is absent or expects to be absent from work due to causes specified in Sick Leave Use above, shall provide notification as follows: 10.6.1 ROUTINE APPOINTMENTS: The employee shall give prior notice of the date and time of the appointment to his or her immediate supervisor. An employee's immediate supervisor may request that the employee reschedule routine appointments when the scheduled absence of the employee would unduly interfere with the operations of the Department. An immediate supervisor shall not unreasonably deny an employee sick leave with pay for routine medical, dental or oculist appointments. PROPOSED COLLECTIVE BARGAINING AGREEMENT FOR RATIFICATION CITY OF BREMERTON, WA_. - BREMERTON POLICE OFFICER GUILD January 1, 2003~4- through December 31. 2005_3 ~ ,. / PAGE 10 10.7 11.1 11.2 12.1 10.6.2 UNANTICIPATED ABSENCE: An employee who is absent from work or who will be unable to report to work as scheduled due to personal illness or injury, or for other causes specified in Sick Leave Use above, shall promptly notify the Department by telephone or otherwise as soon as practicable and will make every effort to notify the Department within the first one-half (V2) hour preceding each work day of absence. In the event of a prolonged illness or injury, the Department may exempt an employee from the requirement to daily report absences and may establish an alternative reporting arrangement appropriate to the circumstances. 10.6.3 SICK LEAVE DURING AUTHORIZED PAID LEAVE: An employee who becomes ill or is injured during the employee's paid vacation or compensatory time off may request the conversion of such paid leave to sick leave with pay by promptly notifying the department at the time of occurrence or as soon thereafter as reasonably feasible of the illness, injury, or incapacity and such conversion shall be granted, providing such information as is required by the Department to verify the appropriateness if such a conversion is provided. SICK LEAVE DOCUMENTATION AND APPROVAL: An employee who has been absent on sick w ,,,:.r.:~ ,~,;.,y r,~x ~ ........ *"~:"~ Cc, work, submit leave shall, on the day he/she returns to ork ......... '-;~ -'~"~ such forms and provide such information as are required by the Police Chief or designee to approve the use of sick leave with pay for the absence. The Police Chief o_rtr designee may require an employee to provide a professional physician's verification within 36 hours after reporting to work, of an employee's, child's or family member's illness or injury as a condition of approving sick leave with pay, if the Police Chief or designee has a reasonable basis to suspect sick leave is not being used in conformance with this Article._~ In the event the Police Chief or designee intends to require such verification, the employee will be notified of the requirement prior to returning to work. The Chief of Police or designee may require an employee to provide a Fitness for Duty certification by a professional physician that the employee is sufficiently recovered as to be able to return to work and assume his or her normal duties or light duty prior to the employee returning to work; or, in the event the employee has appeared at work, prior to resuming work. If the Department does not allow the employee to return to work due to a need for certification, the employee will be allowed to continue the use of sick leave for the period required to obtain required certification. Sick leave must be approved by the Police Chief or designee prior to allowance. The Police Chief or designee shall not unreasonably withhold approval of sick leave with pay from employees. ARTICLE 11 INDUSTRIAL DISABILITY INDUSTRIAL DISABILITY FOR LEOFF I EMPLOYEES: An employee who qualifies for and is included in the Washington State Retirement System commonly referred to as "LEOFF I", who becomes disabled, and whose disability extends beyond a period of six (6) full months, shall apply for disability retirement benefits provided through LEOFF I. INDUSTRIAL DISABILITY LEAVE FOR LEOFF II EMPLOYEES: An employee who qualifies for and is included in the Washington State Retirement System commonly referred to as "LEOFF II", and who incurs a work-related illness or injury shall be provided with such compensation as is made available through Workers' Compensation time-loss benefits as provided by Washington State law. ARTICLE 12 OTHER PAIDLEAVE BEREAVEMENT LEAVE: An employee will be granted three (3) days of bereavement leave for attending funerals in the State of Washington and five (5) days of bereavement leave for out of state funerals of members of the employee's immediate family. PROPOSED COLLECTIVE BARGAINING AGREEMENT FOR RA'IIFICA3~ION CITY OF BREMERTON, WA_. - BREMERTON POLICE OFFICER GUILD January 1,200._~ through December 31. 20053 PAGE 11 12.2 12.3 12.4 12.5 12.1.1 Immediate family shall be defined as spouse, child, stepchild, mother, father, mother/father in- law, brother, sister, bother/sister in-law, grandchildren and grandparents of both the employee and the employee's spouse. All time off for bereavement leave shall be charged against an employee's vacation/holiday, sick leave or compensatory time leave balance at the option of the employee. JURY DUTY, WITNESS LEAVE: An employee shall be granted leave of absence with pay for the purpose of reporting to or serving jury duty. Any juror fees received by the employee for the performance of such duties shall be assigned to the City. Employees normally assigned to swing or graveyard shifts shall be placed on the day shift on days that court appearance is required. If more than 2.5 hours of the day shift remains at the time of release from jury duty, the employee shall report for duty. MILITARY LEAVE: An employee who presents official orders requiring his/her attendance for a period of training or other active duty as a member of the United States Armed Forces or the State National Guard shall be entitled to military leave with no loss of pay for a period not to exceed fifteen (15) work days annually. Authorized leave of absence for additional or longer periods of time for assignment to duty functions shall be without pay and shall be granted by the City. An employee receiving up to fifteen (15) work days of training or serving on active duty shall receive their regular pay and the amount received from the Federal or State government. ( Pursuant to RCW 38.40.060 as may be amended from time to time). EMERGENCY LEAVE: In the event of an unforeseen emergency which requires the absence of an employee such as the illness, injury or death of a member of an employee's immediate family, the employee shall notify his or her immediate supervisor as soon as possible of the required absence. Such emergency leave shall be charged to an employee's unused vacation/holiday or compensatory time leave balance. ADMINISTRATIVE LEAVE: Any bargaining unit employee may be placed on Administrative Leave (leave with pay) for reasons in the best interest of the City and/or employee (e.g. to diffuse a work- related or personal problem that has the potential for escalation if left unchecked, and/or has a negative effect on department/division operations, and no other solution is available). Administrative Leave is not intended to be used for matters of a disciplinary nature 13.1 14.1 14.2 ARTICLE 13 RETIREMENT BENEFITS Each employee shall be enrolled in the Washington State Retirement system for which he or she qualifies. Only for the purposes of federal income taxation, the gross income of each employee shall be reduced by the amount of employee contributions to the respective retirement system, which is picked up by the City. ARTICLE 14 INSURANCE BENEFITS MEDICAL INSURANCE: The City shall make medical insurance coverage available to employees and their dependents as follows: Kitsap Physician's Service Plan A for Employees and Dependents Group Health Cooperative for Employees and Dependents or another plan of equivalent or better coverage INSURANCE PREMIUM PAYMENTS: Payment of insurance premiums shall be made as follows: PROPOSED COLLECTIVE BARGAINING AGREEMENT FOR RATIFICATION CITY OF BREMERTON, WA_. - BREMERTON POLICE OFFICER GUILD January 1, 20034- through December 31. 20053 PAGE 12 14.3 14.4 14.54 14._6-5 14.._7.6 14.8:7 Employee premium paid in full by the City. Employee contributions toward dependent coverage shall be seven dollars ($7) per month per dependent to a maximum of twenty-one dollars ($21) per month for full family coverage _for enrollees in the Kitsap Physician's Plan; and, ten dollars ($10) per month per dependent to a maximum of thirty dollars ($30) per month for full family coverage for enrollees in the Group Health Cooperative Plan. KPS COST CONTAINMENT MEASURES: The following cost containment measures under KPS ~haPdoee~ became effective March 1, 2001: 14.3.1 $10 OFFICE VISIT CO-PAYMENT - Effective March 1, 2001, employees and dependents enrolled under KPS will pay a $10 co-payment per office visit. Co-payments shall not apply towards satisfaction of the calendar year deductible. 14.3.2 $50 ANNUAL PHARMACY CO-PAYMENT - Effective March 1, 2001, employees and dependents enrolled under KPS will pay an additional annual co-pay of $50.00 for covered prescriptions. WELLNESS PROGRAM: Effective January 1, 2003 employees and their dependents enrolled in the KPS Healthplan will have Well Care included in their Healthplan. Well Care will cover well baby care and child and adult well care up to a maximum of $200 per Calendar year for each employee and dependent. Well Care benefits are not subject to the Deductible. Specific details on the program will be included in the Employees' Benefit Booklets distributed by KPS. DENTAL INSURANCE: The City shall provide the same benefit levels as are contained in the Washington Dental Service Plan A dental insurance coverage for employees and their dependents and provide for full payment of insurance premiums. DISABILITY: E-mptoy6~Employees, who are covered by the Washington State Retirement System commonly known as LEOFF II, shall enroll to receive Long Term Disability Insurance coverage. The City shall pay a maximum of Sg0-pev20 per month per eligible and enrolled employee toward premium costs. The remainder of all premium costs shall be borne by the enrolled employee and shall be paid to t-he ~n:;uranccthe insurance company through payroll deductions authorized by each enrolled employee.. The Guild shall select the LTD plan under which they will be enrolled. INSURANCE RESERVES, REBATES AND SURPLUSES: The City shall require the KPS medical plan provider to provide a structured accounting to the City at least annually. Such accounting shall include plan utilizations, all reserve accounts maintained for the plan, interest earned on reserves, administration costs and coinsurance (pooling) costs. This accounting shall be made available to the Guild upon request. The City agrees that premium rebates, reserve account rebates or any other monetary returns to the employer from the insurance providers together with subsequent interest earnings thereon shall be used exclusively to defray the costs of premium increases in the plan, and increase benefit levels, or other health related purposes determined appropriate by the Insurance Benefits Committee. Premium increases shall be any increase over the 1994 levels. INSURANCE COMMITTEE: The Insurance Benefits Committee shall be comprised of the following members: Mayor or designee, Human Resources Manager, or designee, Administrative Services Director or designee, one employee selected by the non-represented management and professional employees, and one individual selected by each of the recognized unions. The Committee shall elect a chair and any other officers it deems appropriate. PROPOSED COLLECTIVE BARGAINING AGREEMENT FOIl RATIFICATION CITY OF BREMERTON, WA_. - BREMERTON POLICE OFFICER GUILD January 1, 2003-~ through December 31. 2005.3 PAGE 13 14.98 14.10 Effective January 1, 1999, should Group Health Cooperative, now or in the future, require a co-pay, the co-pay will be paid by the employee. The amount the employee is obligated to pay shall not exceed five dollars ($5.00) per visit. The Guild agrees to participate in a joint study of medical insurance. 15.1 15.2 15.3 15.4 15.5 15.6 ARTICLE 15 CLOTHING AND UNIFORM CLEANING ALLOWANCE PURCHASE OF UNIFORMS: The employer shall establish a Clothing Allowance Fund for the Bremerton Police Department. Each employee shall be furnished uniforms as designated by the Chief of Police or designee. Such uniforms shall be replaced on an as-needed basis from the Clothing Allowance Fund, as determined by the Police Chief or designee. All uniforms purchased by the Employer are to be and remain the property of the Employer. CLOTHING ALLOWANCE: An annual allowance effective January 1, 2000, equal to four hundred and seventy-five dollars ($475) per year will be provided to non-uniformed, sworn personnel. Such allowance shall be paid one-half during the months of January and July. In the event an employee is transferred to the Detective Division and is assigned as a Detective, he/she will receive a pro-rata clothing allowance payment. The Employer shall withhold the necessary federal income tax from the clothing ~ allowance as required by the Federal Tax Code as now written or hereafter amended. UNIFORM CLEANING ALLOWANCE: There shall be an annual uniform cleaning allowance per month. This applies to all employees, e,,~u ......... j · bo Effective January 1, 2003, the ~nual cleaning allowance will be increased to four hundred fifty dollm's ($450.00), payable in the amount of two hundred twenty-five dollars ('$225.00) during Janu~ and July. Effective January l, 2004, the annual cleaning allowance will be increased to five hundred fifty dollars ($550.00), payable in the amount of two hundred seventy-five dollars ($275.00) during January and July. Should an employee leave the service of the Employer, any portion of the unused cleaning allowance shall be deducted from the employee's severance pay. The Employer shall withhold the necessary federal income tax from the cleaning allowance as required by the Federal Tax Code as now written or hereafter amended CLEANING CONTRACT: In the event the Employer secures a cleaning contract with an independent cleaning company during the term of this Agreement, the uniform cleaning allowance shall become null and void. MOTORCYCLE BOOTS: The City shall provide the sum of one hundred dollars ($100.00) to Motorcycle Officers for the purchase of motorcycle boots. After initial issue, replacement moneys will be approved only after the Police Chief or designee authorizes such replacement based on wear/tear of motorcycle boots. ALTERNATE CLOTHING & UNIFORM CLEANING ALLOWANCE REIMBURSEMENT METHOD: At the employee's option, he or she may submit appropriate receipts for reimbursement of either or both of these allowances only up to the maximum allowance amounts as listed in Sections 15.2 and/or 15.3. This method will be in lieu of the provisions of Article 15.2 and 15.3. An employee must PROPOSED COLLECTIVE BARGAINING AGREEMENT FOR RATIFICATION CITY OF BREMERTON, WA_. - BREMERTON POLICE OFFICER GUILD January 1, 2003_~ through December 31. 2005~ )3 PAGE 14 inform the Treasurers Office no later than January 1 of each year that he or she wishes to utilize this alternative. 16.1 16.2 16.3 16.4 Should an employee leave the service of the Employer, any portion of the unused cleaning allowance shall be deducted from the employee's severance pay. The Employer shall withhold the necessary federal income tax from the cleaning allowance as required by the Federal Tax Code as nOw written or hereafter amended. ARTICLE 16 PERSONNEL PRACTICES DEFINITIONS: For the purpose of interpreting the provisions of this Agreement, the following definitions shall apply: 16.1.1 PROBATIONARY EMPLOYEE: All employee serving a twelve (12) month period commencing upon the initial date of hire him as a permanent employee during which the employee may be discharged at the sole discretion of the City, consistent with applicable Civil Service Rules and Regulations (Section 12-PROBATION) and without recourse to the grievance procedure. 16.1.2 PROMOTIONAL PROBATION; A twelve (12) month period commencing upon the initial date of a permanent promotional appointment during which a promoted employee who is unable to perform the duties of the higher level position shall be returned to his or her previous classification at the time of appointment at the sole discretion of the City, consistent with applicable Civil Service Rules and Regulations (Section 12 - PROBATION) and without recourse to the grievance procedure. 16.1.3 LEOFF I EMPLOYEE: An employee who qualifies for and is a member of the Washington State Retirement System commonly known as "LEOFF I". 16.1.4 LEOFF II EMPLOYEE: An employee who qualifies for and is a member of the Washington State Retirement System commonly known as "LEOFF II". 16.1.5 BASE RATE OF PAY: The base pay rate for an employee as listed in Appendix "A" excluding longevity and any other premium pay. INDEMNIFICATION OF EMPLOYEES: The City shall provide legal defense and will pay all legitimate claims, settlements, judgments, and associated costs for employees and their marital communities named as parties or defendants in claims or lawsuits as a result of acts or omissions made in the good faith performance of the City's business. PROVISIONAL APPOINTMENT: Any employee who is appointed to a position classification by the Chief of Police on a provisional basis shall be paid the established compensation for such position classification. DEPARTMENT POLICY MANUAL AND POLICY CHANGES: The Police Department Policy Manual will be distributed to all bargaining unit employees. The employee will acknowledge receipt of and will become knowledgeable of the Manual's or Policy's contents. All revisions to the Manual or Policy will be provided to employees for inclusion in the Manual. Further, the Department will inform the Guild of policy revisions prior to enactment. PROPOSEI) COLLECTIVE BARGAINING AGREEMENT FOR RA'IIFICA'IION CITY OF BREMERTON, WA_. - BREMERTON POLICE OFFICER GUILD January 1, 2003..1- through December 31. 20053 PAGE 15 16.5 POLICE OFFICERS INTERVIEW GUIDELINES: The Safety of our community and its citizens, plus the integrity and reputation of the Police Department depends to a great extent on the manner in which the members of the department perform their varied and difficult duties. To ensure that internal investigations are conducted in a manner conducive to good order and discipline, and also observe and protect the individual rights of each member of the Department, the following rules are hereby established: 16.5.1 The interview of any Department member shall be conducted at a reasonable hour, preferably when the member is on duty and/or during daylight hours, unless the urgency of the investigation dictates otherwise. If such interview occurs during off-duty time of the member being interviewed, the member shall be compensated for his or her off-duty time in accordance with the overtime provisions of this Agreement. 16.5.2 The interview shall take place at a location designated by the investigation officer, preferably at the Police Department. 16.5.3 Before any questioning commences, a member of the Police Department shall be advised in writing in the event that person becomes a suspect in an administrative investigation. The member being interviewed shall be informed of the nature of the investigation, and name(s) of all complaining parties before the interview commences. 16.5.4 The member being interviewed shall be informed of his or her right to and be afforded an opportunity and the necessary facilities to contact a Guild representative prior to commencement of the interview. The member's representative may be present during the interview. Nothing herein shall in any way restrict the rights of the representative with the employee during the process of the interview. 16.5.5 The interview shall be conducted in the most expedient manner consistent with the scope and gravity of the subject matter of the interview. The member shall be permitted reasonable periods to attend to personal necessities. 16.5.6 The member shall not be subjected to offensive language or intimidation during the process of the interview. No promises or rewards shall be made to the employee as an inducement to answering questions. When the member is being interviewed in a non- criminal matter for violation of departmental roles, regulations or orders, that member shall answer truthfully all questions concerning the investigation posed to him or her by the interviewing officer. When the member refuses to answer such questions, he or she will be informed that his or her refusal to answer may become the subject for disciplinary action. 16.5.7 A member shall not be required to take a truth verification test as part of the interview process. 16.5.8 Nothing contained in any of the above guidelines shall restrict and/or limit the authority of the Chief of Police or designee in the performance of his or her duties and responsibilities as the Chief Administrator of the Bremerton Police Department. 16.5.9 No tape recording will be made of the interview without prior advisement. There will be no off-the-record questions during a recorded interview, unless the parties mutually agree. If the Department tape records the interview, a taped copy of the complete interview of the employee, noting all recess periods, may be furnished, at the cost of the PROPOSED COLLECTIVE BARGAINING AGREEMENT FOR RATIFICATtON CITY OF BREMERTON, WA_. - BREMERTON POLICE OFFICER GUILD January 1, 2003~t through December 31. 2005~ PAGE 16 16.5.10 16.5.11 tape, upon request of the employee. If the interviewed employee is subsequently disciplined and any part of any recording is transcribed by the employer, the employee shall be given a complimentary Copy thereof. The Guild may be allowed to tape record the interview. When the member being interviewed is in custody, or is likely to be placed in custody as a result of the interview, that person shall be informed of his or her Constitutional Rights prior to commencement of the interview. The member may request a postponement of the initial interview to contact, an attorney. The interview may not be postponed more than twenty-four (24) hours with allowances being made for weekends and holidays. Use of Deadly Force: When an employee uses deadly force which results in the injury or death of a person, the employee shall not be required to make a written statement for twenty-four (24) hours after the incident. The officer may be required to verbally report a brief summary of the facts of the incident to h~clude information for securing evidence, identifying witnesses, apprehending suspects, securing search warrants (clarification only), or any other exigent circumstances. The affected employee may waive the twenty- four (24) hour requirement. 17.1 17.2 ARTICLE 17 MANAGEMENT RIGHTS Any and all rights concerned with the management and operation of the Police Department are exclusively that of the City unless otherwise provided by the terms of this Agreement. The City has the right, among other actions, to adopt roles for the operation of the Department and conduct of the employees, to discipline, suspend or discharge employees for just cause, to assign work and determine duties of employees, to determine number of personnel to be assigned duty at any time, to determine and introduce new work methods or facilities to increase productivity for operation of the Department and to perform all of the functions not otherwise expressly limited by this Agreement; provided, nothing herein shall be construed as a waiver of collective bargaining rights conferred on the parties by RCW 41.56. The Chief of Police may change Crime Scenes/Evidence Technician to civilian positions, provided that the police positions are retained in the Department. 18.1 ARTICLE 18 PERFORMANCE OF DUTY/NO STRIKE The City and the Guild recognize that the public interest requires the efficient and uninterrupted performance of all City services and pledge their best efforts to avoid or eliminate any conduct contrary to this objective. Nothing in this Agreement shall be construed to grant an employee the right to strike or to refuse to perform his or her duties to the best of his or her abilities. During the term of this Agreement, the Guild and/or membership shall not cause, engage in or sanction any work stoppage, strike, walkout, sit-down, stray-in, slowdown, sick-in, curtailment of work, or interference with City operations at any location whatsoever; provided, that nothing herein shall be interpreted as to prohibit lawful information picketing. Employees who engage in any of the foregoing or similar activities shall be subject to immediate disciplinary action up to and including discharge. The City shall not institute any lockout of employees during the term of this Agreement. ARTICLE 19 GRIEVANCE PROCEDURE PROPOSEI) COLLECTIVE BARGAINING AGREEMENT FOR iRATtFICATION CITY OF BREMERTON, WA_. - BREMERTON POLICE OFFICER GUILD January 1, 20034- through December 31. 20054~O['x PAGE 17 19.1. DEFINITIONS: 19.2 19.3 19.1.1 GRIEVANCE: A grievance is an allegation of a violation of the terms and conditions of this Agreement which is to be resolved through this Grievance Procedure. 19.1.2 CIVIL SERVICE APPEAL (Section 5-APPEALS): An appeal is an allegation of a violation of the Civil Service Rules that is to be resolved through the Civil Service Appeals procedure and is not resolvable through this Grievance Procedure. 19.1.3 UNFAIR LABOR PRACTICE: An Unfair Labor Practice charge is an allegation of a violation of the Washington State statutes governing public employment labor relations which is to be resolved through the Public Employment Relations Commission's rules and regulations and is not resolvable through this Grievance Procedure. STEP 1: An employee who believes that the terms and conditions of this Agreement have been violated shall first discuss the matter with the person who took the action giving rise to the belief with his or her immediate supervisor within fourteen (14) calendar days of the date the action took place or within fourteen (14) days of the date upon which the employee, by due diligence, could reasonably have been expected to know of such action. The person who took the action shall provide the employee with a written response within fourteen (14) calendar days of the date upon which the grievance was discussed with the employee. STEP 2: In the event that the person who took the action does not resolve the issue to the satisfaction of the employee at Step 1 of this procedure, the employee shall reduce the matter to writing and shall: 19.3.1 State whether the employee is selecting a Civil Service Appeal or the Grievance Procedure herein as the dispute resolution method to be used to resolve the issue. 19.3.2 In the event the employee selects the Civil Service Appeal method, the employee shall comply with the Civil Service Rules in processing the matter. 19.3.3 In the event the employee selects the Grievance Procedure method, the employee shall reduce the matter to a written grievance and shall state: the section (or sections) of this Agreement which is/are alleged to have been violated; an explanation of the grievance in detail, including dates, actions and such other information necessary to a full investigation of the facts and circumstances giving rise to the grievance; and the remedy sought. 19.3.4 The employee shall have the right to be assisted by an authorized Guild representative in reducing his or her grievance to writing. The employee shall present the written grievance to the immediate superior of the person who responded to Step 1 above within fourteen (14) calendar days of the date the employee received a written response at Step 1 of this procedure. In the event the Police Chief responded at Step 1 above, the employee shall proceed to Step 4 of this Grievance Procedure. The immediate superior may meet with the employee and the employee's Guild Representative within fourteen (14) calendar days after receipt of the written grievance for the purpose of considering the matter. The immediate superior shall reduce his or her decision to writing and shall transmit the decision to the employee with a copy to the Guild representative within fourteen (14) calendar days of receiving the written grievance or of meeting with the employee and the Guild Representative. PROPOSED COLLECTIVE BARGAINING AGREEMENT FOR iRA'I]FICAT[ON CITY OF BREMERTON, WA_. - BREMERTON POLICE OFFICER GUILD January 1, 2003_~t through December 31. 2005~ PAGE 18 19.4 19.5 19.6 19.7 19.8 19.9 STEP 3: In the event that the immediate superior does not resolve the grievance to the satisfaction of the employee at Step 2 of this procedure, the employee shall transmit a copy of the original grievance along with a copy of the written response received at Step 2 to the Police Chief within fourteen (14) calendar days of receipt of the immediate superior's written response. The Police Chief may convene a meeting with the Guild representative in an attempt to resolve the grievance. The Police Chief shall reduce his or her decision to writing within fourteen (14) calendar days of the Chief's personal receipt of the grievance or, if a meeting was held, within fourteen (14) calendar days after meeting with the Guild Representative and transmit the decision to the Guild. STEP 4: In the event that the Police Chief does not resolve the grievance at Step 3 of this procedure, the Guild may request arbitration of the issue by written notification to the Director of Human Resources within thirty (30) calendar days of receipt of the Police Chief's decision. In the event the Guild does not request arbitration of the issue within the thirty (30) calendar day period, the grievance shall be deemed withdrawn. Prior to the selection of an arbitrator and submission of the grievance for hearing by said arbitrator, the Director of Human Resources shall informally review the grievance and determine whether said grievance may be adjusted to the satisfaction of the employee. The Director of Human Resources shall have fourteen (14) calendar days in which to review and seek adjustment of the grievance. SELECTION OF ARBITRATOR: A neutral arbitrator shall be selected by mutual agreement or through a mutually agreeable process. In the event the parties cannot agree, either party may petition the Public Employment Relations Commission for a panel of arbitrators. POWERS AND DUTIES OF THE ARBITRATOR: It shall be the duty of the arbitrator to conduct a heating on the issue or issues submitted by the parties for decision. The heating shah be kept informal and private. The arbitrator shall interpret the provisions of this Agreement as they apply to the issue or issues submitted for decision and shall not add to, subtract from, nor in any way otherwise alter or recommend the alteration of the terms and conditions of the Agreement in deciding the matter. Within thirty (30) days of the close of the heating or submission of briefs, whichever occurs later, the arbitrator shall render a written decision, which shall be binding upon the parties. The arbitrator shall conduct the arbitration heating in conformance with the Voluntary Rules for Labor Arbitration of the American Arbitration Guild. COSTS OF ARBITRATION: The expenses of the neutral arbitrator shall be borne equally by the parties. Each party shall singly bear all costs related to preparing and presenting its own case before the arbitrator, including costs of witnesses. The party desiring a record of the proceedings shall bear the cost of obtaining such record. TIME LIMITS: Time limits established in this procedure shall be strictly adhered to but may be waived by mutual agreement of the Guild and the City. All procedures contained herein shall be complied with as expeditiously as practicable. 20.1 ARTICLE 20 SEVERABILITY In the event that any provision of this Agreement is held invalid by any tribunal of competent jurisdiction, the remaining provisions of this Agreement shall not be held invalid and shall remain in full force and effect. The Guild and the City shall immediately meet and attempt to renegotiate any provision found invalid. ARTICLE 21 ENTIRE AGREEMENT PROPOSED COLLECTIVE BARGAINING AGREEMENT FOIl RATIFICATION CITY OF BREMERTON, WA_. - BREMERTON POLICE OFFICER GUILD January 1, 2003~:1- through December 31. 2005~ ~'-8 PAGE 19 21.1 The Guild and the City acknowledge that each has had the unlimited right and opportunity to make proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that fight are set forth in this Agreement. Therefore, the City and the Guild each voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain with respect to any subject or matter not specifically covered by the Articles of this Agreement during the term of this Agreement, except as mutually agreed upon. The Employer shall not unilaterally change any mandatory subject of bargaining without providing the union with prior notice and the opportunity to bargain. 22.1 ARTICLE 22 CONFLICTING PROVISIONS In the event that any provision of this Agreement is found to be in conflict with any other Resolution, Ordinance, Policy, Regulation or Rule of the City, the provision of this Agreement shall prevail. 23.1 23.2 ARTICLE 23 LABOR MANAGEMENT COMMITTEE LABOR MANAGEMENT: The Employer and the Guild agree that a need exists for closer cooperation between labor and management. To accomplish this objective, the Employer and the Guild agree that no more than four (4) duly authorized representatives of the Guild shall function as one-half (l/a) of a Labor- Management Committee, the other half being no more than four (4) certain representatives of the Employer named for that purpose. The committee shall meet at least once every three (3) months for the purpose of discussing and facilitating the resolution of all problems, which may arise between the parties. The Employer shall provide a draft of the minutes of the meeting to the Guild's committee within (2) two weeks of the meeting. At the committee's discretion, additional meetings may be held. The committee shall be chaired by a member elected by the committee. Should the Guild and Employer mutually agree to change, add, or delete any provision of this Agreement, policies, roles or other matters, such change shall be set forth in writing: 24.1 24.2 25.1 ARTICLE 24 PREMIUM PAY MASTER PATROL OFFICER: Effective upon assignment, any employee who meets the requirements for the Master Patrol Officer (MPO) program shall receive a premium of five (5%) of their base monthly rate of pay for all hours worked as an MPO. K-9 STIPEND P-gEMIIgM: Effective January 1, 2003 Ja~quvcy ,,. -~cuq~vvv, ~...v.vj'l ........ ~.~ a::;:.gned ~^.~ the _a K-9 Officer d~-A:;~en shall receive as com~nsation for the care and maintenance of his/her dog and equipment K-9 stipend of three (3) hours per week at 48% of a Step 5 Police Officer ove~ime rate. straight ARTICLE 25 DEFEND CO~ENSA~ON DEFERRED COMPENSATION: ~:ffect:"e January !, .-,c~, ,~. ..... , ....... ~.~, ....... ~, ,~ .................. v-~ ................... payroll .4~,.~+~...~ ,~4? .-~,. ,,,~;~+~ ~,~,,~.-.~ ~,, ...., ~1~,,~ ~,,~..i~, ~ k,, ~,. A ~,.~.-~.,~ ;~ ,~ ~,~,~ ~ ~., ~ . ....... ~ . k.,,~ ........ ~ ~_~ ~,k ..... ~ ........ ~ k ........ ~"' wage .... Effective J~ua~ 1, 2~2, the City shall ~tch the payroll deduction in ~ ~ount up to but not to exceed three percent (3%) o~ the employee's base monthly pay rate. Effective Janua~ 1, 2004,..the City shall match the payroll deduction PROPOSED COLLECTIVE BARGAINING AGREEMENT FOR RATIFICATION CITY OF BREMERTON, WA_. - BREMERTON POLICE OFFICER GUILD January 1, 2003:[ through December 31. 2005g PAGE 20 of any written request by an employee covered by this Agreement, in an amount not to exceed three and one-half percent (3.5%) of the employees base monthly pay rate. 25.2 25.2 CONVERSION TO LONGEVITY: Employees who have completed fifteen (15) or more years with the City may elect, by notifying the City in writing on an annual basis, that they wish to convert all or a portion of their deferred compensation to longevity. Such conversion shall only be permitted in one-half percent (1/2%) increments. Once an employee has elected to make the conversion from deferred compensation to longevity, they will not be permitted to make any changes whatsoever to the percentage converted, for a full 12 month period. ARTICLE 26 EDUCATIONAL INCENTIVE 26.1 Effective January 1, 2004 employees shall be eligible to receive Educational Incentive pay according to the following: Associate's degree or equivalent (90 quarter or 60 semester hours) Bachelor's Degree One percent (I %) Two percent (2%) 26.2 Degrees and credit hours earned shall be documented through official transcripts from accredited colleges or universities. It shall be understood that for the 90 quarter or 60 semester hours to be accepted, they must be courses required in the pursuit of an Associates or Bachelors deeree from an accredited col'lege or universit~ 26.3 Educational Incentive pay shall not be cumulative and it shall be the responsibility of the employee requesting educational incentive pay to provide the City with certified transcripts of his/her hours earned and/or degree~ awarded. Educational Incentive shall be paid to the employee beginning the next pay period following receipt of the documentation, and shall not be retroactive. 26.4 Officers on probationary status shall not be eligible for educational incentive pay. ARTICLE 27 STANDARDIZATION OF SERVICE WEAPON Effective April 1, 20{)3, employees covered by this a~eement shall be required to qualify with and carry a .40 caliber semi-autoxnatic handgun as their standard duty service weapon. Prior to March 31, 2003 the City will reimburse the employee a one time sum of $250.00 toward the purchase of the required service weapon. ARTICLE 28 ;t6 TERM 2_86.1 This Agreement shall become effective January 1,200_34, and shall remain in effect through December 31, 2005g, and may be extended thereafter by mutual agreement. It is further agreed that the City or the Guild may request reopening of this Agreement any time within six (6) months of the expiration for the purpose of negotiating changes to be effective following the expiration of this Agreement with such notice to be in writing to the other party. This Agreement is hereby submitted to the Bremerton City Council for approval. Upon the approval of the Council, this Agreement shall become binding upon the City, the Guild and all of the employees in the bargaining unit covered by this Agreement. DATED THIS DAY OF , 2002¢. PROPOSED COLLECTIVE BARGAINING AGREEMENT FOR RATIFICATION CITY OF BREMERTON, WA_. - BREMERTON POLICE OFFICER GUILD January 1, 20033 through December 31. 2005_4~~ --~ PAGE 21 CITY OF BREMERTON: BREMERTON POLICE OFFICERS GUILD: Carol S. Conley, Human Resources Director Roy Alloway, President Robert Forbes, Police Chief Vice President Honorable Cary Bozeman, Mayor Member Board of Directors ATTEST: Member Board of Directors Kathleen McCluskey, City Clerk Member Board of Directors APPROVED AS TO FORM: Roger Lubovich, City Attorney PROPOSED COLLECTIVE BARGAiNING AGREEMENT FOIl RA'IIFICATION CITY OF BREMERTON, WA_. - BREMERTON POLICE OFFICER GUILD January 1,200_}3:[ through December 31. 2005_=~ ..~ PAGE 22 APPENDIX B TO THE AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON AND BREMERTON POLICE OFFICERS GUILD JANUARY 1, 2003-1- THROUGH DECEMBER 31, 2005_5 THIS APPENDIX is supplemental to that Agreement by and between the CITY OF BREMERTON, WASHINGTON ("Employer") and the BREMERTON POLICE OFFICERS GUILD, ("Guild"). Master Police Officer: The Master Police Officer (MPO) program is viewed as an enhanced career development opportunity for the sworn employees of the Bremerton Police Department. The purpose of an MPO program is to allow qualified non-ranking officers with special technical and administrative skill to be elevated to a new level, Qualifications: Ao An employee has served as a top step police officer for three (3) consecutive years. Employee has completed, in the course of their employment as a law enforcement officer, 400 hours of law enforcement specialty training that does not include the training hours of basic academy; basic equivalency academy; repeated training classes: or refresher training of BAC or first aid. Employee has served at least 12 months on each patrol shift after completing initial probation. Employee has served satisfactorily in a secondary assignment(s) for the Bremerton Police Department for a minimum of 18 months. Secondary assignments are assignments above and beyond duties normally assigned to patrol officers serving in patrol unit. These assignments are detective units, crime scenes, traffic, K-9, crime prevention, DARE, GREAT, School Resources and Range Master. Additional secondary assignments as they may be developed can be added to this list. Eo Employee maintains acceptable work performance standards and has not had a sustained Internal Affairs investigation one year prior to MPO acceptance. The selection panel may consider other types of minor complaints on a case-case basis. MPO's will be assigned as OIC and FTO as needed. Employee will only handle the sergeant's duties when he/she has been assigned as OIC or during limited exceptional circumstances. An employee will not be assigned as OIC while acting in an FTO capacity except during limited exceptional circumstances. MPOs shall not be eligible to receive OIC pay and their 5% MPO premium pay. H. The Chief of Police will appoint MPO's in the same order in which they are ranked by the panel. Maintaining MPO Status: PROPOSED COLLECTIVE BARGAINING AGREEMENT FOR RA'IIFICATION CITY OF BREMERTON, WA_. - BREMERTON POLICE OFFICER GUILD January 1,200._34- through December 31. 20053 PAGE 23 To maintain MPO status an employee must: Ao Be assigned to the Uniformed Division upon appointment to MPO status for not less than 18 months. If the employee is vacating a non-uniformed position, the employee shall be assigned to the Uniformed Division within a reasonable time period, which allows the Department to assign and train a replacement. Bo Maintain satisfactory work performance. Co Not have sustained any major policy role violations, committed insubordination or be subject to continued citizen complaints. Do Show a commitment to continuance of law enforcement training while serving as an MPO. If an employee fails to maintain these conditions, he/she will be removed from MPO status by the Chief of Police after review by the selection panel, and must wait eight months before reapplying. An employee shall not be removed from MPO status due to a new assignment in non-uniformed position. MPO Cap: The number of MPO's shall not exceed (14) fourteen. Selection Panel: The original selection panel will consist of two management personnel and two members of the Board of Representatives of the Guild who do not qualify for selection. Future selection panels will consist of three MPO's and two management personnel. Bo Selection panel will meet as needed to review and select applicants for Master Police Officer appointment and will use the following criteria: 1. Candidates will be listed by seniority, and then given points as follows: gl candidate- 14 point g2 candidate - 12 points #3 candidate - 10 points 'g4 candidate - 8 points #5 candidate - 6 points g6 candidate - 4 points #7 candidate - 2 points o follows: Candidates will be listed by number of Training Hours and given points as gl candidate - 7 points #2 candidate - 6 points #3 candidate - 5 points g4 candidate - 4 points #5 candidate - 3 points g6 candidate - 2 points #7 candidate - 1 points PROI'OSED COLLECTIVE BARGAINING AGREEMENT FOR RATIFICATION CITY OF BREMERTON, WA: - BREMERTON POLICE OFFICER GUILD January 1, 2003~- through December 31. 2005-3 PAGE 24 (For purposes of this selection process, an Associates Degree in a Police related field will count for 100 hours, and a Bachelors Degree in a Police related field will count for 200 hours.) 3. Candidates will receive one additional point for each additional special assignment of 18 months or longer up to a maximum of three points. Should two or more candidates have equal standing, their points will be added and then divided by two (example: top two candidates have the same seniority so each gets 13 points). Should there be a tie after the points have been totaled, the selection panel will be required to resolve it and provide a single list to the Chief. Candidates will apply for MPO positions by submitting a letter and written summary of years of service, training and education, special assignments and letters of recommendation. Do The Chief of Police will request the panel convene to review a specific MPO's status. Decisions by the selection panel regarding selection or removal from the MPO program are not subject to the grievance procedure. PROPOSED COLLECTIVE BARGAINING AGREEMENT FOR RATIF'ICATION CITY OF BREMERTON, WA_. - BREMERTON POLICE OFFICER GUILD January 1, 2003-t- through December 31. 2005g PAGE 25 III --~ I- z LLI 0 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: 2003 Ambulance Rates Approval for 911 BLS Aid Calls FOR AGENDA OF: ORIGINATING Dept: ORIGINATOR: DATE SUBMITTED: 12/~/02 Admin Service~/ Paula Johnsto~Y 2/lO/O2 /? 2. CLEARANCE~S: (c0mmentT back if necessaw) 3. EXHIBIT__S: / Finance Direct~(C--~,~//~--~ Rate Comparison Schedule City Attorney~~_~ b) Olympic Ambulance Rate Fire Chief /~ ~ ~ Request Letter Fiscal/Budget /~2~-~'~ /c) Bremerton Ambulance Rate Operations ,~ ~~-"' Request Letter ENDORSEM~ ~~N APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: ~ ~~ -C~ .... L PRESIDENT ~[~.~.~ ~ ~._,,. ..... £ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Pursuant to the ambulance regulatory ordinance, ambulance rates charged for 911 BLS aid calls must be approved by Council. Both local companies, Olympic and Bremerton, have submitted requests for rate increases for 911 BLS calls to be effective January 1, 2003. Clerk staff has surveyed regional ambulance comparable rates. 8. RECOMMENDATION: Move to approve the proposed rate increases for 2003 for Olympic and Bremerton Ambulance Companies. RESPONSIBLE OFFICIAL: Admin Services ENFORCEMENT OFFICIAL: Admin Services EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: 11. AGENDA BILL NO: 02-- l~0 2. CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): IMPACT ON NON-PASSAGE: 911 BLS rates will remain at 2002 rates if not passed. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES N/A 7. RESEARCH SOURCES OLYA4PIC Corporate Office: 6ill \,~. HendrJckson Road · Sequim, W,:\ q~838.~a~ ~ ',i~ ~ ,~60) 681-4882 · Fax t3o0, bb ~-.)~81 November 22, 2002 Paula Johnston, Deputy City Clerk City of Bremerton 239 Fourth Street Bremerton, WA 98310 Dear Ms. Johnston, There have been many changes in our Olympic Ambulance billing since we met last year. Medicare rules now require us to accept only what they allow on their fee schedule instead of billing the difference to the patients. Since they also have reduced their allowables we estimate we are now losing between 80 and 90 dollars per call for Medicare patients. The recent trend has been to include more ancillary costs in the base rate, so we are eliminating several items and including them in the base rate. We are not changing any other rates. Medicare and Medicaid patients represent more than one half of our calls, and they won't be affected by the new rates. I have attached a copy of our rate comparison to other services and you can see that we are very competitive with other non-subsidized companies. I also expect most of these other companies to raise their rates next year. Don't hesitate to call me at (360) 6814882 if you have any questions. Sincerely, w. President Box 2432 B r;m,~er b.,n. WA '~77 7777 Sequim, 4'ort Angeles: 601 \¥. Hendrickson Road Sequtm, WA 98382-3015 ~ ~fi(), 681-4882 qo t'~ 0 0 0 0 0 0 0 0 0 0 0 0 BREMERTON AMBULANCE 2515 Cherry Place · Bremerton, WA 983 ]0 (360) 377-7777 · Fax (360) 479-6210 November 25, 2002 Paula Johnston, Deputy City Clerk City of Bremerton 239 Fourth Street Bremerton, WA 98310 Dear Ms. Johnston: I have just completed a rate comparison between Bremerton Ambulance services and those of surrounding providers and am sending it to you for review. We have consolidated many of our ancillary costs and have now included them in the base rate. Changes in the Medicare reimbursement rate have greatly affected our business. We are now reimbursed only for the amount indicated on their fee schedule and can no longer bill the patient for the difference. We transport a large percentage of Medicare patients, and the loss of at least eighty dollars for each transport is significant for our company. Your continued support of Bremerton Ambulance is greatly appreciated. We strive to be an exceptional provider of Ambulance services to each community member. Sincerely; Linda Potter, Branch Director 0 0 (D 0 0 0 0 0 0 0 0 0 0 t~ 0 0 t~ 0 o ~ o ~ o Clerk shall prepare a rotation schedule that shall control the assignment of 911 aid calls to ambulance services licensed under this chapter. (e) Each licensee under this chapter shall keep available an adequate supply of ambulances, personnel and equipment which will enable it to respond to a 911 call for assistance within ten (10) minutes of the time ofthe request 90% of the time, and within fifteen (15) minutes the remainder of the time. Response times shall be measured from the time of request for service is made from Cencom until the licensee arrives at the scene. The licensee shall submit monthly reports at the conclusion of its rotation stating response times for all emergency calls served during its rotation. (f) In the event that the licensee has no ambulances available for emergency calls during its rotation, the licensee shall immediately advise the City Fire Department and Cencom of such conditions, and shall further advise that the licensee is unavailable to respond to any emergency, until further notification. A violation of th.is subsection shall be considered a criminal misdemeanor. (Ord. 4367 (in part), 1992). 5.50.120 MUTUAL AID. (a) The licensee shall cooperate with any request by the Bremerton Fire Department for mutual aid assistance within Kitsap County. (b) Licensee shall equip its vehicles with radios capable of receiving and transmitting on City and County Fire Department frequencies, which frequencies shall be used by licensees only in the event of a request for service or a mutual aid situation described herein. (Ord. ,~7~i_n_ part), 1992). ( _S.50~130~ RATES-FILING Each ambulance service licensed under this chapter shall, immediately upon the issuance of a license, file with the City Clerk its schedule of rates to be charged for its services, for the duration of the calendar year in which the license is issued. Thereafter, each ambulance service licensed under this chapter shall annually file with the City Clerk a schedule of rates to be charged for its services. The annual rate schedule shall be filed 5-50 on or before the first day of December of the year preceding the year for which the schedule is to be in effect. The schedule of rates shall be a matter of public record open to public inspection in the office of the City Clerk during normal business hours. Each licensee shall adhere to its schedule throughout the calendar year for which that schedule has been filed. Rates for 911 initiated calls shall be subiect to the review a~ntt ?pmval o.f Cit'/ Council. The City Clerk shall present a ~..~onal comparative rate survey for,~ consideration in approving 911 rates. (Ord. 4367 (in part), 1992). 5.50.140 PENALTY FOR VIOLATION. Any person violating a provision of this chapter shall be guilty of an infraction unless otherwise provided herein. (Ord. 4367 (in part), 1992).