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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 --~
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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
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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
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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).