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HomeMy WebLinkAbout4677 Vendor Subject Department Status Code Amount Begin Date End Date Review Date Insurance Comments Contract Number 4677 BREMERTON POLICE OFFICER'S GUILD Settlement Legal LGL File Class LEG 12-1 $ 11/21/2007 11/21/2007 02/15/2009 GL $ AL $ E&O $ Insurance Total $ Insurance Review Date Vault 01/01/2009 SETTLEMENT AGREEMENT This AGREEMENT is executed by and between the CITY OF BREMERTON, WASHINGTON, hereinafter refelTed to as the "City", and BREMERTON POLICE OFFICER'S GUILD, the "Union" on this "'Z. l day of November, 2007. WHEREAS, Sgt. Larry Hill is currently employed by the City of Bremerton Police Department and is a member of the Union; and WHEREAS, there was an Internal Affairs Investigation # 04-06 (IA 04-06) regarding Sgt. Hill's conduct, alleging violations of City policies and procedures; and WHEREAS, as a consequence of the investigation Sgt, Hill was disciplined, serving a one day suspension and losing one day of vacation; and WHEREAS, the Union filed a grievance contesting the discipline, and resulting 111 scheduling an arbitration for October 5,2007; and WHEREAS, the parties desire to resolve the pending grievance without arbitration to avoid the time and expense associated with proceedings before the arbitrator, NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto hereby agree as follows: 1. The City will return one (1) day to Sgt. Hill's vacation balance. 2. The City will remove this incident from Sgt. Hill's personnel file upon Sgt. Hill's retirement from the Bremerton Police Department. 3. The City will allow Sgt. Hill to place a letter of rebuttal regarding IA 04-06 in his personnel file, except that such letter shall be delivered to the Human Resources Manager of the City of Bremerton within fifteen (15) days of the execution of this agreement. In consideration of the promises as set forth in this Agreement, the Union hereby agrees, to dismiss the grievance relating to IA 04-06 scheduled for arbitration on October 5, 2007. The parties further agree to waive any claim for or right to recover attorney's fees incun-ed in securing this Agreement or in connection with any charge or matter relating to the Agreement. Nothing in this Agreement shall prevent the City or the Union from bringing suit or pursuing other legal or equitable remedies to enforce the tenns ofthis Agreement. - 1 - " This Agreement represents the complete and exclusive agreement between the parties in settlement of all matters, claims, and disputes between them arising from or relating to the matters set forth herein, and supersedes all prior written or oral agreements, offers, discussions, or understandings of any kind whatever. This Agreement may only be amended in writing, signed by the parties. This Agreement shall be interpreted and enforced under the laws of the State of Washington. All parties acknowledge that they have had full opportunity to consult with a representative of their choice before executing this Agreement, and that they are not relying on any representations other than as specifically stated herein. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable and this Agreement shall be construed and enforced as if such provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect, and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement. THE CITY AND THE UNION, BY SIGNING THIS AGREEMENT, CERTIFY THAT (A) THEY ENTER THIS AGREEMENT AND ACCEPT THE TERMS VOLUNT ARIL Y, WITHOUT DURESS (B) THEY HAVE HAD THE OPPORTUNITY TO REVIEW THIS AGREEMENT WITH THE UNION AND/OR LEGAL REPRESENTATIVES, AND (C) THEY HAVE FULL KNOWLEDGE AND UNDERSTANDING OF THE TERMS AND CONSEQUENCES OF THIS AGREEMENT. C;;~FBRE~~~ASHINGTON ~ _n_ ~!36 ---. ~ Cary Bozeman, Mayor Roy Alloway President, Bremerton Police Officer's Guild APPROVED AS TO FORM: i~J ~~ City Attomey - 2 -