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HomeMy WebLinkAboutPOLICE OFFICERS GUILD, 1997-1999 e ~ o 'Z ..... .-.... - ..... . . COMP TIME UNDERSTANDING POLICE JLMC May 20, 1999 1. The Labor Agreement Article on 180 days cash out of comp time will be followed. 2. The Guild will write a letter to its members encouraging them to not use comp time if it will result in additional costs to the department. 3. The department will not have a policy of a blanket refusal of request for comp time. 4. This understanding will be ~ reviewed at the JLMC meeting in December. However, either party may raise concerns prior to that if warranted. 5. Police administration will inform managers and supervisor of this understanding. DATED this 20th day of May, 1999. ~ OWAY ~/~ OB FORBES ~ fY}. C~ KEVIN CRANE ~/~~ GRE i?EELE . . HUMAN RESOURCES DEPARTMENT Charlotte Belmore Barbara Forbes Jim Meith 239 4th Street. Bremerton, WA 98337. (360) 478-5846 . FAX (360) 478-5161 JOB LINE (360) 478-5241 . E-MAIL: humanresources@cLbremerton.wa.us LETTER OF UNDERSTANDING This letter of understanding is agreed to pursuant to Article 25.2 of the Labor Agreement by and between the City of Bremerton and the General Teamster's Local No. 589. 1. Appendix A, Wage Rates, is hereby amended to include the new classification of "Court Home Detention Specialist," at Wage grade 11. 2. Article 16.5, Layoff, is hereby amended to include "Court Home Detention Specialist," in Group 2 under, "Probation Officer." The remaining provisions of the Agreement shall remain in full force and effect. DATED this Cf day of /A. A de f-.' ,1999. ., FOR THE CITY: FOR THE TEAMSTER'S LOCAL 589 . . HUMAN RESOURCES DEPARTMENT Charlotte Belmore Barbara Forbes Jim Meith 239 4th Street. Bremerton, WA 98337. (360) 478-5846 . FAX (360) 478-5161 JOB LINE (360) 478-5241 . E-MAIL: humanresources@ci.bremerton.wa.us LETTER OF UNDERSTANDING This letter of understanding is agreed to pursuant to Article 23.2 of the Labor Agreement by and between the City ofBremerton and the Bremerton Police Officer's Guild. It is agreed that for the purpose of using FLSA compensatory time the following will apply: 1. For requests to use one day of compensatory time, one-day notice is required. 2. For requests to use more than one day of compensatory time, five-day notice is required. 3. A request can be denied ifit "unduly disrupts" the operations of the Department. Undue disruption is more than inconvenience to the Department. This will be determined on a case by case basis. All other provisions of the Labor Agreement apply in all respects. DATED this :< */J day of t1 /1l)c 1-/ ,1999. FOR THE CITY: R THEBREMERTONPOLICE F CERS GUILD: ~.~_.~ ROY ALLOWAY President ~~ ROB FORBES /' ' Chief . . LETTER OF UNDERSTANDING This letter of understanding is agreed to pursuant to Article 23.2 of the Labor Agreement by and between the City ofBremerton and the Bremerton Police Officer's Guild. Article 23.1 is hereby amended to increase the representatives for the guild and management to four (4) representatives each. All other provisions ofthe Labor Agreement apply in all aspects. day of f) E. C E M 1J~-1 ,1998 DATED this (1(,2 FOR THE CITY: - _--,:~ 1 ~ f II .:_' HE BREMERTON POLICE RS GUILD: . .~ ~.-----<~ ROY ALLOWAY President e e LETTER OF UNDERSTANDING This letter of understanding is agreed to pursuant to Article 23.2 of the Labor Agreement by and between the City of Bremerton and the Bremerton Police Officer's Guild. It is understood and agreed to by the parties signatory hereto that the following agreement is voluntary and the City is making a one time offer to subsidize the purchase of one .40 caliber duty weapon for regular Police Department employees that are required to be armed as a condition of employment. This program targets those individuals that presently carry less than a .40 caliber semi-automatic duty weapon. 1. Employee must submit a bid to the Support Services Commander that includes the trade in value of their present duty weapon and duty magazines and the purchase price of a standard law enforcement .40 caliber duty weapon with three magazines. The department has the right to approve or disapprove the transaction. When approved, the department will pay the difference in cost for the Officers weapon up to $250.00. The employee will be responsible for his/her own duty holster and magazine carrier. All changes/conditions must comply with department policy. If the department member wants to participate in the offer but does not want to trade in their weapon, then they would be responsible to pay the trade in value of the duty weapon and three magazines towards the purchase price. 2. Any customizing of service weapon will be at owners cost and in compliance with department policy. 3. Employee may choose a merchant of their choice. 4. Duty weapon remains the property of the employee. This offer is for duty weapons only. This offer will terminate on October 10, 1998 or at the expenditure of allocated funds, as determined by the City. All other provisions of the Labor Agreement apply in all aspects. DATED this /1 day of ~.b-..-z 6e>L- , 1998. FOR THE CITY: OR THE BREMERTON POLICE o ICER'S GUILD: ITH Human Resources Manager & 0<- f; PAUL DU FRESNE Police Chief c; . . LETTER OF UNDERSTANDING This letter of understanding is agreed to pursuant to Article 23.2 of the Labor Agreement by and between the City of Bremerton and the Bremerton Police Officer's Guild. Appendix B to the Labor Agreement will be amended to reflect: Maintaining MPO Status: If an employee fails to maintain these conditions, he/she will be removed from MPO status by the Chief of Police after review and concurrence by the selection panel, and must wait eight months before reapplying. An employee shall no be removed from MPO status due to a new assignment in non-uniformed position. Selection Panel: A. The selection panel will consist of three MPO's and three management personnel. All other provisions of the Labor Agreement apply in all aspects. DATED this '1 TjI day of SEPT. ,1998. FOR THE CITY: FOR THE BREMERTON POLICE -OFFICER'S GUILD: ITH uman Resources Manager -~ ALLOWAY President ~LJL- PAUL DU FRESNE Police Chief JOHN BOGEN Vice President :p]\ ~lV't It J 1P\ ~vj/. . W~J" ~v." . . LETTER OF UNDERSTANDING This letter of understanding is agreed to pursuant to Article 23.2 of the Labor Agreement by and between the City ofBremerton and the Bremerton Police Officer's Guild. The parties have met and bargained in regard to the "Police Report Writer" position. The following is agreed to: 1. The City will utilize the positions to perform duties as described in the attached description, dated 7/9/98. 2. . The utilization of these positions will not cause a reduction in the number of Police Officers. 3. Citizens will only be referred to a Report Writer by a Police Officer. CenCom will not refer citizens to a Report Writer. 4. These positions will have no effect on the availability of "light duty" assignments. All other provisions of the Labor Agreement apply in all aspects. DATED this <1 U day of September, 1998. FOR THE CITY: FOR THE BREMERTON POLICE lCER'S GUILD: '- ---~~ ALLOWAY President ~{)~Ir- PAULDUFRE NE Police Chief ~ . ._n. ..... . . Police Report Writer Temporary Position General Function: Prepare police reports on minor incidents and performs a variety of routine clerical, administrative work in support of law enforcement activities. Representative Essential Duties: Receives phone calls from citizens and completes police reports on minor incidents. Routes calls to appropriate agencies when required. Performs basic clerical duties. Collects materials for filing. Sort and, categorize documents. Files documents in the correct location. Post other documents as directed. Performs basic data entry duties on Department personal' computers using Microsoft and WordPerfect applications. Types and completes appropriate documentation and forms as directed. Performs administrative duties, in support of staff as needed, such as, schedules, fingerprinting, photo applications, sorting property, simple research and filing. Performs light lifting duties at supply Storage locations. Assists in staging inactive document and case records. Performs related duties as required. 7/09/98 AI OF Bh ~~ "='- "'-€.~ . ..... ~$~~ .. ........ ~~- ..... . . LETTER OF UNDERSTANDING This letter of understanding is agreed to pursuant to Article 23.2 of the Labor Agreement by and between the City of Bremerton and the Bremertofl Police Officer's Guild. Article 8.4.1 is hereby amended by replacing "City Council" with" Mayor." All other provisions of the Labor Agreement apply in all aspects. DATED this / 0 day of 11 A /I C (-I ,1998. FOR THE CITY: FOR THE BREMERTON POLICE OFFICER'S GUILD: ~Ok~ PAUL DU FRESNE Police Chief ~~ OFc~~€ V~ . ~.",,'o .. ........ ~--5~ ..... . .\ LETTER OF UNDERSTANDING This letter of understanding is agreed to pursuant to Article 23.2 of the Labor Agreement by and between the City ofBremerton and the Bremerton Police Officer's Guild. The provisions of Human Resources Policy 3-50-05, Smoking Policy, will apply to emplpyees represented by the Bremerton Police Officer's Guild, with the following I . exceptIOns. 1. Employees may smoke in a City vehicle when they are not transporting any other person(s). 2. Employees may smoke outside the entrance to the Westside Patrol Office. All other provisions of the Labor Agreement apply in all aspects. DATED this l' day of f1 A lie 1-1 ,1998 FOR THE CITY: -~ ALLOWAY President D4~ PAULDU SNE Police Chief . .' HUMAN RESOURCES DEPARTMENT Charlotte Belmore Barbara Forbes Jim Meith 239 4th Street. Bremerton, WA 98337. (360) 478-5846 . FAX (360) 478-5161 JOB LINE (360) 478-5241 . E-MAIL: humanresources@ci.bremerton.wa.us LETTER OF UNDERSTANDING This letter of understanding is agreed to pursuant to Article 23.2 of the Labor Agreement by and between the City ofBremerton and the Bremerton Police Officer's Guild. It is agreed that for the purpose of using FLSA compensatory time the following will apply: 1. For requests to use one day of compensatory time, one-day notice is required. 2. For requests to use more than one day of compensatory time, five-day notice is required. 3. A request can be denied if it "unduly disrupts" the operations of the Department. Undue disruption is more than inconvenience to the Department. This will be determined on a case by case basis. DATED this "':;. day of FEIJ A. (//1 It cr ,1998 FOR THE CITY: FOR THE BREMERTON POLICE FFICERS GUILD: --~ ~~~ ROB FORBES Chief . . LABOR AGREEMENT BY AND BETWEEN CITY OF BREMERTON AND BREMERTON POLICE OFFICERS GUILD JANUARY 1,1997 THROUGH DECEMBER 31,1999 . . TABLE OF CONTENTS TO THE LABOR AGREEMENT BY AND BETWEEN CITY OF BREMERTON AND BREMERTON POLICE OFFICERS GUILD JANUARY 1, 1997 THROUGH DECEMBER 31, 1999 ARTICLE TITLE PAGE PREAMBLE ........................................,.................,............. 1 ARTICLE 1 DISCRIMINATION ALLEGATIONS............. ........................1 ARTICLE 2 RECOGNITION ...................................,................ 1 ARTICLE 3 GUILD DUES . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . 1 ARTICLE 4 GUILD ACTIVITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE 5 WAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 6 HOURS OF WORK .......... , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 7 OVERTIME .........,............................................. 5 ARTICLE 8 VACATION LEAVE............ " . ............... ........... . .......6 ARTICLE 9 HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 10 SICK LEAVE ...................................................... 9 ARTICLE 11 INDUSTRIAL DISABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLE 12 OTHER PAID LEAVE .........................................,.... 11 ARTICLE 13 RETIREMENT BENEFITS , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLE 14 INSURANCE BENEFITS ...........................................12 ARTICLE 15 CLOTHING AND UNIFORM CLEANING ALLOWANCE . . . . . . . . . . . . . . . . . . . . 13 ARTICLE 16 PERSONNEL PRACTICES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 ARTICLE 17 MANAGEMENT RIGHTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ARTICLE 18 PERFORMANCE OF DUTY/NO STRIKE ............................... 16 ARTICLE 19 GRIEVANCE PROCEDURE... ..........,....... ...............,.. ..16 ARTICLE 20 SEVERABILITY . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . 18 ARTICLE 21 ENTIRE AGREEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18 ARTICLE 22 CONFLICTING PROVISIONS . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 ARTICLE 23 LABOR MANAGEMENT COMMITTEE...... ...........................19 ARTICLE 24 PREMIUM PAY ................................................... 19 ARTICLE 25 DEFERRED COMPENSATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 ARTICLE 26 TERM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 APPENDIX A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 APPENDIX B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . 22 . . LABOR AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and BREMERTON POLICE OFFICERS GUILD JANUARY 1,1997 THROUGH DECEMBER 31,1999 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. ARTICLE 1 ................ . DISCRIMINATION ALLEGATIONS 1.1 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. ARTICLE 2 . . . . . . . . . . . . . . . . . RECOGNITION 2.1 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." ARTICLE 3 . . . . . . . . . . . . . . . . . GUILD DUES 3.1 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. 3.2 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. COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICERS GUILD AUGUST 12, 1998 PAGE 1 . . An employee who was not a member of the Guild prior to September 3, 1986 shall not be subject to this Article. 3.3 SERVICE FEE OPTION: New employee within thirty (3D) 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. 3.4 EQUIVALENT DUES PAYMENT: In accordance with RCW 41.56, objections to joining the Guild which are based on bona fide religious tenets 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. 3.5 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 calendar (3D) days from the date the City received the notice, unless the employee has remedied the delinquency within said thirty calendar (3D) 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. 3.6 HOLD HARMLESS: The Guild shall indemnify and hold the City harmless from any and all liability to third parties resulting from the administration of the provisions of this Article. ARTICLE 4 . . . . . . . . . . . . . . . . . GUILD ACTIVITY 4.1 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. 4.2 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. 4.3 USE OF CITY PROPERTY: Use of City property is authorized as provided below. COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICERS GUILD AUGUST 12,1998 PAGE 2 -- . 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 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. 4.3.2 " BULLETIN 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 5.1 HOURLY WAGE RATES: Hourly wage rates shall be paid as set forth in Appendix A which is attached hereto and made a part hereof. 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. 5.2 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: Lenath of Continuous Service Rate Per Hour o through 5 years continuous employment 0% Commencing 6 through 10 years continuous employment 1 % Commencing 11 through 15 years continuous employment 2% Commencing 16 through 20 years continuous employment 3% Commencing 21 through 25 years continuous employment 4% COLLECTIVE BARGAINING AGREEMENT PAGE 3 CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICERS GUILD AUGUST 12,1998 . . Commencing 26 years and over continuous employment 5% 1 5.3 ON CALL PAY: When the Employer places an employee on "on-call status," the employee shall be compensated at a rate of one-third (1f3) 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. 5.4 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. ARTICLE 6 . . . . . . . . . . . . . . . . . HOURS OF WORK 6.1 NORMAL HOURS OF WORK: The normal hours of work shall be forty (40) hours per week. 6.2 SHIFTS: Employees shall be assigned to one of three (3) standard shifts as follows: Day Swing Grave 6 a.m. - 2 p.m. 2 p.m. - 10 p.m. 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. 6.2.1 Shift assignments within the Patrol and Traffic Divisions shall be bid by seniority at least twice annually, on March 1 st and September 1 st, 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. 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 26 year step effective January 1, 1999. COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICERS GUILD AUGUST 12, 1998 PAGE 4 . . 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. 6.3 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 Chiefs 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. 6.4 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. 6.5 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. ARTICLE 7 . . . . . . . . . . . . . . . . . OVERTIME 7.1 OVERTIME DEFINED: Overtime is all required and authorized work performed in excess of an employee's normal work schedule. 7.2 OVERTIME COMPENSATION: Overtime work shall be compensated at the rate of one-and-one- half (1 Y2) times an employee's hourly rate in cash or in one-and-one-half (1 Y2) 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. 7.3 LIMITATION ON COMPENSATORY TIME: Accrued Compensatory time must be taken within one hundred eighty (180) calendar days from the date earned and at a time mutually agreeable to the employee and the Chief of Police or designee. If not used, it will be paid at the straight time rate. 7.4 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. COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICERS GUILD AUGUST 12, 1998 PAGE 5 . . 7.5 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 two (2) 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 two (2) 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. 7.6 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 payor a minimum of two (2) 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 8.1 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 Emolovment Annual Accrual Date of Hire through 5 years 6th year 7th year 8th year 9th year 10th year 11th year 12th year 13th year 14th year 15th year 16th year 17th year and thereafter 104 hours 120 hours 128 hours 136 hours 144 hours 152 hours 160 hours 168 hours 176 hours 184 hours 192 hours 200 hours 208 hours 8.2 VACATION ELIGIBILITY: An employee becomes eligible to take accrued vacation time upon completion of six (6) full months of employment; provided, however, the Chief Police may grant an exception to the six-month rule. Vacation time must be taken in segments of one-half (%) hour or more. Vacation time must be fully accrued prior to the time an employee takes any vacation time off. COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICERS GUILD AUGUST 12,1998 PAGE 6 . . 8.3 VACATION SCHEDULING: Annual vacation leave shall be authorized by the Police Chief or designee. Personnel shall schedule vacation leave by mutual agreement of the employee and the Police Chief or designee. 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 Emplovment Maximum Balance o through Five (5) years More than Five (5) years 160 hours 240 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 City Council 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. 8.6 Shared Vacation Leave - Shared leave permits employees, at no additional cost to the City other than the costs of administering the program, 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 compensatory time and paid vacation, sick and floating holiday leave, may request shared vacation leave donations. 8.6.2 Criteria for Approval - A request for shared vacation leave donations is to be submitted to the requesting employee's Department Head accompanied with 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 COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICERS GUILD AUGUST 12, 1998 PAGE 7 . . received provides appropriate verification of the medical condition and time period involved, the Department Head will recommend the employee's request for shared vacation leave donations 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, will approve the employee's request for vacation leave donations. 8.6.3 Conditions of Donation - An employee who desires to donate accrued vacation leave to a donee employee will do so voluntarily. Donations will be made in one hour increments. The employee who donates vacation leave will fill out the form relinquishing his or her vested right to the donated leave as prescribed by the City and submit the form to his or her Department Head. Upon approval of his or her Department Head, the donated vacation leave will be transferred to the donee employee's vacation leave balance with the next payroll report. Once so transferred, the donated vacation leave becomes a vested right of the employee to whom it was donated and will not revert back to the donor employee under any circumstances. 8.6.4 Use of Donated Leave - An employee who has received donated shared 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 or payment for the leave is in conformance with the provisions of this Article. ARTICLE 9 . . . . . . . . . . . . . . . . . HOLIDAYS 9.1 HOLIDAYS OBSERVED: The following holidays shall be observed by the City: New Year's Day Martin Luther King's Birthday President's 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 Year's Day, Memorial Day, Independence Day, Thanksgiving Day, and Christmas Day, such employee shall be compensated at the rate of COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICERS GUILD AUGUST 12,1998 PAGE 8 . . one-and-one-half (1 %) 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. ARTICLE 10 . . . . . . . . . . . . . . . . SICK LEAVE 10.1 10.2 10.3 10.4 10.5 10.5.1 10.5.2 10.5.3 10.5.4 10.5.5 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: The temporary disability of an employee resulting from his or her personal illness or injury. 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. 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. Upon the birth or adoption of a child, a father may use up to three (3) days of accrued sick leave. 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. COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICERS GUILD AUGUST 12, 1998 PAGE 9 10.6 10.6.1 10.6.2 10.6.3 10.7 . . 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: 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. 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 ('Y2) 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. 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 leave shall, within thirty-six (36) hours after returning to work, submit 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 of designee may require an employee to provide a professional physician's verification 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 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 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. COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICERS GUILD AUGUST 12, 1998 PAGE 10 . . ARTICLE 11 ................ INDUSTRIAL DISABILITY 11.1 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. 11,2 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 PAID LEAVE 12.1 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 6f bereavement leave for out of state funerals of members of the employee's immediate family. 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. 12.2 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. 12.3 MILITARY LEAVE: A leave of absence with pay for a period not to exceed 15 working days will be granted to an employee for the purpose of attending training as a member of the organized military reserves of the United States or of the State of Washington. 12.4 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. ARTICLE 13 ........... . .... RETIREMENT BENEFITS 13.1 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. COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICERS GUILD AUGUST 12, 1998 PAGE 11 . . ARTICLE 14 .....,.......... INSURANCE BENEFITS 14.1 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 an other plan of equivalent or better coverage 14.2 INSURANCE PREMIUM PAYMENTS: Payment of insurance premiums shall be made as follows: 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. 14.3 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. 14.4 DISABILITY: Employees who are covered by the Washington State Retirement System commonly known as LEOFF II, shall enroll to receive Long Term Disability Insurance coverage through the provisions of policies held by the City with Standard Insurance Company. The City shall pay a maximum of $10 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 Standard Insurance Company through payroll deductions authorized by each enrolled employee. 14.5 INSURANCE RESERVES, REBATES AND SURPLUSES: The City shall requii-e 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. 14.6 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. COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICERS GUILD AUGUST 12, 1998 PAGE 12 . . 14.7 Effective January 1, 1999, should either Kitsap Physician's Service Plan A or 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. ARTICLE 15 . . . . . . . . . . . . . . . . CLOTHING AND UNIFORM CLEANING ALLOWANCE 15.1 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. 15.2 CLOTHING ALLOWANCE: An annual allowance effective January 1, 1998, equal to four hundred and fifty dollars ($450) and January 1, 1999 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 month 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 cleaning allowance as required by the Federal Tax Code as now written or hereafter amended. 15.3 UNIFORM CLEANING ALLOWANCE: There shall be an annual uniform cleaning allowance of twenty-five dollars ($25.00) per month. This applies to all employees. Such allowance shall be payable in the amount of one hundred fifty dollars ($150.00) 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. 15.4 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. 15.5 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. 15.6 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. This method will be in lieu of the provisions of Article 15.2 and 15.3. An employee must inform the Treasurer's Office no later than January 1 of each year that he or she wishes to utilize this alternative. ARTICLE 16 . . . . . . . . . . . . . . . . PERSONNEL PRACTICES 16.1 DEFINITIONS: For the purpose of interpreting the provisions of this Agreement, the following definitions shall apply: COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICERS GUILD AUGUST 12, 1998 PAGE 13 16.1.1 16.1.2 16.1.3 16.1.4 16.2 16.3 16.4 16.5 16.5.1 . . PROBATIONARY EMPLOYEE: An employee serving a twelve (12) month period commencing upon the initial date of hire 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 and without recourse to the grievance procedure. 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 and without recourse to the grievance procedure. LEOFF I EMPLOYEE: An employee who qualifies for and is a member of the Washington State Retirement System commonly known as "LEOFF I". LEOFF II EMPLOYEE: An employee who qualifies for and is a member of the Washington State Retirement System commonly known as "LEOFF II". 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. 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: 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. COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON, WASHINGTON - BREMERTON POLlCE OFFICERS GUILD AUGUST 12,1998 PAGE 14 . . 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 an 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 rules, 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 polygraph 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 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. 16.5.10 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. COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICERS GUILD AUGUST 12, 1998 PAGE 15 . . ARTICLE 17 ................ MANAGEMENT RIGHTS 17.1 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 rules 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. 17.2 The Chief of Police may change Crime Scenes/Evidence Technician to civilian positions, provided that the police positions are retained in the Department. ARTICLE 18 ................ PERFORMANCE OF DUTY/NO STRIKE 18.1 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 19.1 DEFINITIONS: 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: 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. 19.2 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 COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICERS GUILD AUGUST 12,1998 PAGE 16 19.3 19.3.1 19.3.2 19.3.3 19.3.4 19.4 19.5 . . 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: 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. In the event the employee selects the Civil Service Appeal method, the employee shall comply with the Civil Service Rules in processing the matter. 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. 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. 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 Chiefs 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 Chiefs decision. COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICERS GUILD AUGUST 12, 1998 PAGE 17 . . 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. 19.6 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. 19.7 POWERS AND DUTIES OF THE ARBITRATOR: It shall be the duty of the arbitrator to conduct a hearing on the issue or issues submitted by the parties for decision. The hearing shall 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. As soon as is practicable after conducting the hearing, the arbitrator shall render a written decision which shall be binding upon the parties. The arbitrator shall conduct the arbitration hearing in conformance with the Voluntary Rules for Labor Arbitration of the American Arbitration Guild. 19.8 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. 19.9 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. ARTICLE 20 . . . . . . . . . . . . . . . . SEVERABILITY 20.1 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 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 right 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. COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICERS GUILD AUGUST 12, 1998 PAGE 18 . . ARTICLE 22 . . . . . . . . . . . . . . . . CONFLICTING PROVISIONS 22.1 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. ARTICLE 23 . . . . . . . . . . . . . , . . LABOR MANAGEMENT COMMITTEE 23.1 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 three (3) duly authorized representatives of the Guild shall function as one-half (%) of a Labor-Management Committee, the other half being no more than three (3) 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. 23.2 Should the Guild and Employer mutually agree to change, add, or delete any provision of this Agreement, policies, rules or other matters, such change shall be set forth in writing. ARTICLE 24 ................ PREMIUM PAY 24.1 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. 24.2 K-9 PREMIUM: Employees assigned to the K-9 division shall receive as compensation for the additional duties required by the position, a straight time hourly rate of twelve dollars and thirty- eight cents ($12.38). For each week the employee is assigned to the K-9 division the employee shall be compensated for three (3) hours at one-and-one-half (1 %) times the straight time hourly rate stated herein. ARTICLE 25 . . . . . . . . . . . . . . . . DEFERRED COMPENSATION 25.1 DEFERRED COMPENSATION: The Employer shall match the payroll deduction of any written request by an employee covered by this Agreement, in an amount not to exceed two percent (2.0%) of the employee's base monthly wage rate. ARTICLE 26 . . . . . . . . . . . . . . . . TERM 26.1 This Agreement shall become effective January 1, 1997 and shall remain in effect through December 31, 1999, 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) COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICERS GUILD AUGUST 12, 1998 PAGE 19 . . 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 /q day of ,1998. CITY OF BREMERTON ERTON POLICE OFFICERS GUILD: ~ ~J~ Ho orable Lynn Horton, Mayor ~~,,('~~qollLJ' ,Lie fJ d.,u..Q.~~ Member, Board of Directors . ATTEST: ~~ ~U".===j- Kathleen McCLuskey, City Clerk Member, Board of Directors APPROVED AS TO FORM: ~/1t ~-,,--._ .. GI nna \l\i1alanca, City Attorney COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICERS GUILD AUGUST 12, 1998 PAGE 20 . . APPENDIX A TO THE AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON AND BREMERTON POLICE OFFICERS GUILD JANUARY 1, 1997 THROUGH DECEMBER 31, 1999 THIS APPENDIX is supplemental to that Agreement by and between the CITY OF BREMERTON, WASHINGTON ("Employer") and the BREMERTON POLICE OFFICERS GUILD ("guild"). A1 Effective January 1, 1997, the base monthly rates of pay for employees shall be as follows: CLASSIFICATION STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 00-12 mo. 13-24 mo. 25-36 mo. 37-48 mo. 49+ mo. POLICE OFFICER Approx.Monthly $3,210.30 $3,330.36 $3,486.96 $3,636.60 $3,955.02 Hourly $18.45 $19.14 $20.04 $20.90 $22.73 Approx. Monthly $4,177.74 $4,269.96 $4,360.44 $4,450.92 $4,544.88 Hourly $24.01 $24.54 $25.06 $25.58 $26.12 SERGEANT A2 Effective January 1, 1998, the base monthly rates of pay for employees shall be as follows: CLASSIFICATION STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 00-12 mo. 13-24 mo. 25-36 mo. 37-48 mo. 49+ mo. POLICE OFFICER Approx.Monthly $3,323.40 $3,446.94 $3,608.76 $3,765.36 $4,094.22 Hourly $19.10 $19.81 $20.74 $21.64 $23.53 Approx. Monthly $4,323.90 $4,419.60 $4,513.56 $4,607.52 $4,703.22 Hourly $24.85 $25.40 $25.94 $26.48 $27.03 SERGEANT A3 SERGEANT CLASSIFICATION - Any employee who is promoted to the classification of sergeant shall be placed at Step 3 of the sergeant classification, provided, however, an employee hired as a sergeant through a lateral transfer, having not served as a police officer with the City of Bremerton, may be placed into Step 1 of the sergeant classification. A4 Effective January 1, 1999, the rates of pay set forth in the 1998 wage table shall be increased by a general wage increase of ninety percent (90%) of that percentage increase set forth in the Urban Wage Earners and Clerical Workers Index (CPI-W) (1982-84=100) for the Seattle-Tacoma area for that period from July 1997 to July 1998 as is supplied by the Bureau of Labor Statistics, United States Department of Labor. The COLA percentage increase shall not be less than three percent (3%) nor shall it exceed six (6%) percent. COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICERS GUILD AUGUST 12, 1998 PAGE 21 . . APPENDIX B TO THE AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON AND BREMERTON POLICE OFFICERS GUILD JANUARY 1,1997 THROUGH DECEMBER 31,1999 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: A. An employee has served as a top step police officer for three (3) consecutive years. B. 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. C. Employee has served at least 12 months on each patrol shift after completing initial probation. D. 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. E. 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. F. 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. G. The Chief of Police will appoint MPO's in the same order in which they are ranked by the panel. COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICERS GUILD AUGUST 12,1998 PAGE 22 . . Maintaining MPO Status: To maintain MPO status an employee must: A. 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. B. Maintain satisfactory work performance. C. Not have sustained any major policy rule violations, committed insubordination or be subject to continued citizen complaints. D. 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: A. 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. B. 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: #1 candidate - 14 point #2 candidate - 12 points #3 candidate - 10 points #4 candidate - 8 points #5 candidate - 6 points #6 candidate - 4 points #7 candidate - 2 points 2. Candidates will be listed by number of Training Hours and given points as follows: #1 candidate - 7 points COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICERS GUILD AUGUST 12, 1998 PAGE 23 . . #2 candidate - 6 points #3 candidate - 5 points #4 candidate - 4 points #5 candidate - 3 points #6 candidate - 2 points #7 candidate - 1 point (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. C. Candidates will apply for MPO positions by submitting a letter and written summery of years of service, training and education, special assignments and letters of recommendation. D. The Chief of Police will request the panel convene to review a specific MPO's status. E. Decisions by the selection panel regarding selection or removal from the MPO program are not subject to the grievance procedure. COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICERS GUILD AUGUST 12,1998 PAGE 24 ,,~ . AGENDA BILL . BREMERTON CITY COUNCIL 1. SUBJECT: Labor Agreement by and between the City of Bremerton and the Bremerton Police Officer's Guild FOR AGENDA OF: August 19,1998 ORIGINATING DEPT: Human ~e ources ORIGINATOR: Jim Meit DATE SUBMITTED: August , 1998 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: Labor Agreement (ldP/l4.-.--7lioJ..~~ ~ ~U'~ Summary of Arbitration Award CI ATTORNEY CITY TREASURER 'J--- ENDORSEMENT~ INFORMATION [] APPROVED BY COUNCIL PRE~NT F~ SUBMITTAL: MAYOR~ .fl. tlL COUNCILPRESlDENT ~. 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 Officer's Guild. Those items the parties reached impasse on were submitted to arbitration. The findings of the arbitrator are final and binding on both parties. This process has resulted in the attached Labor Agreement. The new Labor Agreement's term is January 1, 1997 through December 31, 1999. Council approval is required to implement the new agreement. 8. RECOMMENDATION: Approve the Labor Agreement by and between the City ofBremerton and the Bremerton Police Officer's Guild for the term of January 1, 1997 through December 31, 1999. 9. RESPONSIBLE OFFICIAL: Jim Meith ENFORCEMENT OFFICIAL: Jim Meith EXPIRATION DATE: December 31,1999 REVIEW DATE: PULLED [ ] TABLED [] COUNCIL DIRECTIVE: 10. NOTICE OF ACTION: APPROVED ~ISAPPROVED[] AMENDED [ ] DATE: .~ J, s ' , ) J /!dlJf!{ r 1; Jfl"f- HI. ~ Cct'f. do Y:,PO II. AGENDABliL NO.: 3 j4;illa4- ~OVFR) CLEARANCE COMMENTS: QS- /8:L 2. . . 5. IMPACT OF NON-PASSAGE: Not implementing the a.greement would put the City in non-compliance with state law. Further, in all probability, i1 would result in legal action by the Guild. 6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EOUIPMENT OR OTHER RESOURCES: The cost of the implementation for the bargaining unit is ($258;000) two hundred fifty-eight thousand. Funds have been set aside in the budget. 7. RESEARCH SOURCES: