HomeMy WebLinkAboutPOLICE OFFICERS GUILD, 1995-1996
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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 Patrolmen's Association.
1. REASONABLE SUSPICION DRUG & ALCOHOL TESTING
Employees will be subject to drug/alcohol testing if there is reasonable suspicion to
believe he/she may be under the influence of some drug or alcohol.
1. Test Specimens. The employee will have the option of choosing between a
blood, urine, or breath test, as appropriate. Tests will be conducted outside the
department, by persons certified and/or trained in the procedure used.
2. Reasonable Suspicion Defined. Reasonable suspicion for drug/alcohol
testing means specific contemporaneous articulable observations concerning the
appearance, behavior, speech or body odors of the employee. In other words, a
reasonable suspicion decision consists of specific facts, circumstances, physical
evidence, physical signs and symptoms or a pattern of performance and/or
behavior that would cause a supervisor to reasonably conclude an employee
may have engaged in on the job drug or alcohol use, or may be under the
influence of some drug/substance including alcohol. NOTE: An alcohol
reasonable suspicion determination must be 'based on observations and facts
related to an employee's condition and/or performance just before or while the
employee is to or has performed work for the City.
3. Examples of Reasonable Suspicion Include But Are Not Limited To:
A. Unsatisfactory work performance, including accidents and incidents,
adequately documented, and where some drug or alcohol related
documentation indicates a linkage or a change in an employee's
prior patterns of work performance and where some drug or alcohol
related documentation indicates a linkage.
B. Physical symptoms consistent with substance abuse.
C. Evidence of illegal substance use, possession, sale or delivery.
D. Fights (physical contact) and assaults, or erratic or violent behavior,
between employees.
4. Steps in Reasonable Suspicion Testing
A. Obiective Inquiry. When reasonable suspicion exists, the affected
employee will be questioned and observed. A decision to request a
specimen will be based on eyewitness reports, facts of the event and
observed physical and behavioral characteristics of the affected
employee. The employee will be interviewed in a private area.
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B. Notification. All requests to an employee for a drug or alcohol test will
require notification of another sworn supervisor, who is not in the same
bargaining unit as the employee.
C. Relief of Duty. The employee will be relieved of duty with pay until the
the results of the drug/alcohol test are complete and verified.
D. Transportation Assistance. The employee will be accompanied to the
collection site by a supervisor or manager. The employee will be
provided transportation home. If the employee refuses and demands to
drive his/her vehicle, appropriate law enforcement procedures shall be
followed.
E. Report. The events of a request for a specimen will be reduced to
writing and will be provided to Police Chief and the Human Resources
Department. (See attached INCIDENT REPORT).
5. All time spent on testing, including travel time to and from the medical facility,
is paid under regular pay status, including overtime if applicable. Employees
relieved of duty by the authorized supervisor or manager shall continue on their
normal pay status until notified of test results. The cost of the alcohol/drug test
requested by the City shall be paid for by the City.
All other provisions of the Labor Agreement apply in all aspects.
DATED this ~ fIIO day of JvL 7" ,1996.
_._~
OWAY
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PAUL DU FRESNE
Police Chief
~ III C.
KEVIN CRANE
Vice President
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LETTER OF UNDERSTANDING
This letter of understanding is agreed to pursuant to Article 23.2 of the Labor Agreement
by and between City ofBremerton and Bremerton Patrolman's Association.
1. Add to "Qualifications C": For purposes of this section, the traffic assignment
shall be considered a patrol shift.
All other provisions of the Labor Agreement apply in all respects.
DATED this / Lf day of
1'11+(/ C h ' 1996.
FOR THE CITY:
<.)
o ALLOWAY
President
LJi~
PAUL DU FRESNE
Police Chief
~ 117. ~.
KEVIN CRANE
Vice President
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LABOR AGREEMENT
BY AND BETWEEN
CITY OF BREMERTON
AND
BREMERTON PATROLMEN'S ASSOCIATION
JANUARY 1, 1995 THROUGH DECEMBER 31, 1996
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TABLE OF CONTENTS
TO THE
LABOR AGREEMENT
BY AND BETWEEN
CITY OF BREMERTON
AND
BREMERTON PATROLMEN'S ASSOCIATION
JANUARY 1, 1995 THROUGH DECEMBER 31, 1996
ARTICLE
TITLE
PAGE
PREAMBLE ................................................................ 1
.ARTICLE 1 ... DISCRIMINATION ALLEGATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1
ARTICLE 2 ... RECOGNITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1
ARTICLE 3 .. . ASSOCIATION DUES ............................................. 1
ARTICLE 4 ... ASSOCIATION ACTIVITIES ......................................... 2
ARTICLE 5 ... WAGES................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
ARTICLE 6 ... HOURS OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
ARTICLE 7 ... OVERTIME .................................................... 5
ARTICLE 8 .. . VACATION LEAVE ............................................... 5
ARTICLE 9 " . HOLIDAYS .................................................... 6
ARTICLE 10 .. SICK LEAVE ................................................... 7
ARTICLE 11 .. INDUSTRIAL DISABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9
ARTICLE 12 .. OTHER PAID LEAVE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9
ARTICLE 13 .. RETIREMENT BENEFITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9
ARTICLE 14 .. INSURANCE BENEFITS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10
ARTICLE 15 .. CLOTHING AND UNIFORM CLEANING ALLOWANCE. . . . . . . . . . . . . . . . . . . . .. 10
ARTICLE 16 .. PERSONNEL PRACTICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11
ARTICLE 17 .. MANAGEMENT RIGHTS .......................................... 13
ARTICLE 18 " PERFORMANCE OF DUTY/NO STRIKES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
ARTICLE 19 .. GRIEVANCE PROCEDURE ........................................ 13
ARTICLE 20 .. SEVERABILITY ................................................ 15
ARTICLE 21 .. ENTIRE AGREEMENT ........................................... 15
ARTICLE 22 .. CONFLICTING PROVISIONS ....................................... 16
ARTICLE 23 .. LABOR MANAGEMENT COMMITTEE ................................. 16
ARTICLE 24 .. PREMIUM PAY ................................................ 16
ARTICLE 25 .. DEFERRED COMPENSATION ...................................... 16
ARTICLE 26 .. TERM ...................................................... 16
APPENDIX A .............................................................. 18
APPENDIX B .............................................................. 20
COLLECTIVE BARGAINING AGREEMENT
CITY OF BREMERTON, WASHINGTON - BREMERTON PATROLMEN'S ASSOCIATION
April 19, 1995
PAGE 2 OF 23
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ALPHABETICAL SUBJECT INDEX
TITLE
ARTICLE
PAGE
APPENDIX A ..........................................................
APPENDIX B ..........................................................
ASSOCIATION ACTIVITIES .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ARTICLE 4
ASSOCIATION DUES .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ARTICLE 3
CLOTHING AND UNIFORM CLEANING ALLOWANCE. . . . . . . . . . . . . . . . . . . .. ARTICLE 15
CONFLICTING PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ARTICLE 22
DEFERRED COMPENSATION .................................... ARTICLE 25
DISCRIMINATION ALLEGATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ARTICLE 1
ENTIRE AGREEMENT .......................................... ARTICLE 21
GRIEVANCE PROCEDURE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ARTICLE 19
HOLIDAYS ................................................... ARTICLE 9
HOURS OF WORK. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ARTICLE 6
INDUSTRIAL DISABILITY ........................................ ARTICLE 11
INSURANCE BENEFITS ......................................... ARTICLE 14
LABOR MANAGEMENT COMMITIEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ARTICLE 23
MANAGEMENT RIGHTS ........................................ ARTICLE 17
OTHER PAID LEAVE ........................................... ARTICLE 12
OVERTIME. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ARTICLE 7
PERFORMANCE OF DUTY/NO STRIKES ............................. ARTICLE 18
PERSONNEL PRACTICES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ARTICLE 16
PREAMBLE ...........................................................
PREMIUM PAY ............................................... ARTICLE 24
RECOGNITION ................................................ ARTICLE 2
RETIREMENT BENEFITS ........................................ ARTICLE 13
SEVERABILITY ............................................... ARTICLE 20
SICK LEAVE ................................................ ARTICLE 10
TERM ..................................................... ARTICLE 26
VACATION LEAVE ............................................. ARTICLE 8
WAGES ..................................................... ARTICLE 5
. . . . . . 18
. . . . . .20
...... 2
. . . . .. 1
10
. . . .. 16
. . . .. 16
. . . . .. 1
. . . .. 15
. . . .. 13
. . . . .. 6
. . . . .. 4
. . . . .. 9
10
. . . .. 16
. . . .. 13
...... 9
. . . . .. 5
. . . .. 13
. . . .. 11
. . . . .. 1
. . . .. 16
. . . . .. 1
. . . . .. 9
. . . .. 15
. . . . .. 7
. . . .. 16
. . . . .. 5
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COLLECTIVE BARGAINING AGREEMENT
CITY OF BREMERTON, WASHINGTON - BREMERTON PATROLMEN'S ASSOCIATION
April 19, 1995
PAGE 3 OF 23
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LABOR AGREEMENT BY AND BETWEEN
THE
CITY OF BREMERTON
and
BREMERTON PATROLMEN' ASSOCIATION
JANUARY 1,1995 THROUGH DECEMBER 31,1996
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
Patrolmen's Association hereinafter known as the "Association" 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 Association 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 ................. ASSOCIATION DUES
3.1 DUES DEDUCTIONS: The City will deduct monthly Association 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 Association.
3.2 MAINTENANCE OF MEMBERSHIP: An employee who is a member of the Association upon the date of the signing
of this Agreement and an employee who joins the Association subsequent to the date of the signing of this
Agreement shall maintain membership in good standing with the Association through the payment of periodic
dues assessed by the Association during the term of this Agreement. An employee who was not a member
of the Association prior to September 3, 1986 shall not be subject to this Article.
COLLECTIVE BARGAINING AGREEMENT
CITY OF BREMERTON, WASHINGTON - BREMERTON PATROLMEN'S ASSOCIATION
April 19, 1995
PAGE 1 OF 23
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3.3 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 Association and pay Association dues and fees or (2) decline to
join the Association and pay a service fee equivalent to regular Association 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 Association 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 Association dues to a nonreligious charity mutually agreed upon by the employee affected
and the Association.
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 Association to the City. Termination of such an employee shall become effective within
thirty calendar (30) days from the date the City received the notice, unless the employee has remedied the
delinquency within said thirty calendar (30) day period provided that the habitual failure to timely pay dues,
service fees or charitable contributions shall, upon the request of the Association, result in the discharge of
the offending employee.
3.6 HOLD HARMLESS: The Association 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 ................. ASSOCIATION ACTIVITY
4.1 CONDUCT OF ASSOCIATION BUSINESS: Association 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
Association 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 ASSOCIATION REPRESENTATIVES: The Association 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 Association
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 Association
business provided that such access does not interfere with the work and duties of Association employee
representatives or of other on-duty employees. The Police Chief or designee shall grant an employee who
is also an Association Representative reasonable release time while on duty for the purpose of handling
grievances and other legitimate Association 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.
4.3.1 USE OF EQUIPMENT: The following Police Department equipment is authorized for use by authorized Association
representatives for Association business:
4.3.1.1 TYPEWRITERS: when needed for short work.
COLLECTIVE BARGAINING AGREEMENT
CITY OF BREMERTON, WASHINGTON - BREMERTON PATROLMEN'S ASSOCIATION
April 19, 1995
PAGE 2 OF 23
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4.3.1.2 COpy MACHINES: Up to five (5) cOpies for members of the Association's board. If more are needed, the
Association 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
Association 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
Association for the posting of notices relating to official Association 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.
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:
LenQth of Continuous Service
Rate Per Hour
o through 5 years continuous employment
Commencing 6 through 10 years continuous employment
Commencing 11 through 15 years continuous employment
Commencing 16 through 20 years continuous employment
Commencing 21 years and over continuous employment
0%
1%
2%
3%
4%
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 (%) the regularly 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.
COLLECTIVE BARGAINING AGREEMENT
CITY OF BREMERTON, WASHINGTON - BREMERTON PATROLMEN'S ASSOCIATION
April 19, 1995
PAGE 3 OF 23
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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 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.
6.2.1 Shift assignments within the Patrol and Traffic Divisions shall be bid by seniority at least twice annually,
effective on September 1, 1995, and then twice each year 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 above 6.2.2, the Chief of Police may reassign any non-probationary employee for
just cause once 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.
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 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.
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.
COLLECTIVE BARGAINING AGREEMENT
CITY OF BREMERTON, WASHINGTON - BREMERTON PATROLMEN'S ASSOCIATION
April 19, 1995
PAGE 4 OF 23
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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 (1112) times
an employee's hourly rate in cash or in one-and-one-half (1 %) 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.
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 in 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 Employment
Annual Accrual
Date of Hire through
5 years
6th year
7th year
8th year
104 hours
120 hours
128 hours
136 hours
COLLECTIVE BARGAINING AGREEMENT
CITY OF BREMERTON, WASHINGTON - BREMERTON PATROLMEN'S ASSOCIATION
April 19, 1995
PAGE 5 OF 23
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9th year
1 Oth year
11th year
12th year
13th year
14th year
15th year
16th year
17th year and thereafter
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. Vacation time must be taken in segments of one-half (lh) 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 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 Employment
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.
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
COLLECTIVE BARGAINING AGREEMENT
CITY OF BREMERTON, WASHINGTON - BREMERTON PATROLMEN'S ASSOCIATION
April 19, 1995
PAGE 6 OF 23
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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 one-and-one-half (1112) 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 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.
10.2 MAXIMUM SICK LEAVE ACCRUAL: Employees shall be able to accrue sick leave to a maximum of twelve hundred
(1,200) hours.
10.3 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.
10.4 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.
10.5 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 (112) 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 amended by the Washington State Legislature.
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CITY OF BREMERTON, WASHINGTON - BREMERTON PATROLMEN'S ASSOCIATION
April 19, 1995
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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.
10.6 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.
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 (112) 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.
10.7 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
COLLECTIVE BARGAINING AGREEMENT
CITY OF BREMERTON, WASHINGTON - BREMERTON PATROLMEN'S ASSOCIATION
April 19, 1995
PAGE 8 OF 23
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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
11.1 INDUSTRIAL DISABIUTY 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 DISABIUTY 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 of 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 MIUTARY 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 PATROLMEN'S ASSOCIATION
April 19, 1995
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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
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 ($7) dollars per month per dependent to a
maximum of twenty-one ($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 bome 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 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 Association 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. The Insurance Benefits Committee shall be comprised off the following members: Mayor or
designee, Human Resources Manager or designee, Administrative Services Director of 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.
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.
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CITY OF BREMERTON, WASHINGTON - BREMERTON PATROLMEN'S ASSOCIATION
April 19, 1995
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15.2 CLOTHING ALLOWANCE: An annual allowance of four hundred twenty five dollars ($425.00) per year will be
provided to non-uniformed, sworn personnel. Such allowance shall be paid one-half ($212.50) 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.
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.
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.
ARTICLE 16 ........... PERSONNEL PRACTICES
16.1 DEFINITIONS: For the purpose of interpreting the provisions of this Agreement, the following definitions shall
apply:
16.1.1 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.
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 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 11",
16.2 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.
16.3 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.
COLLECTIVE BARGAINING AGREEMENT
CITY OF BREMERTON, WASHINGTON - BREMERTON PATROLMEN'S ASSOCIATION
April 19, 1995
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16.4 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 Association of policy revisions prior to
enactment.
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 an Association 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.
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CITY OF BREMERTON, WASHINGTON - BREMERTON PATROLMEN'S ASSOCIATION
April 19, 1995
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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 Association 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.
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.
ARTICLE 18 ........... PERFORMANCE OF DUTY/NO STRIKE
18.1 The City and the Association 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
Association 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.
COLLECTIVE BARGAINING AGREEMENT
CITY OF BREMERTON, WASHINGTON - BREMERTON PATROLMEN'S ASSOCIATION
April 19, 1995
PAGE 13 OF 23
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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 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.
19.3 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 Association 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 Association 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 Association
representative within fourteen (14) calendar" days of receiving the written grievance or of meeting with the
employee and the Association Representative.
19.4 STEP 3: In the event that the immediate supervisor 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
Association 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 Association Representative and
transmit the decision to the Association.
COLLECTIVE BARGAINING AGREEMENT
CITY OF BREMERTON, WASHINGTON - BREMERTON PATROLMEN'S ASSOCIATION
Nlri119, 1995
PAGE 14 OF 23
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19.5 STEP 4: In the event that the Unit Commander does not resolve the grievance at Step 3 of this procedure,
the Association 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 Association 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 Association.
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 Association 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
Association and the City shall immediately meet and attempt to renegotiate any provision found invalid.
ARTICLE 21 ........... ENTIRE AGREEMENT
21.1 The Association 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 Association 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 PATROLMEN'S ASSOCIATION
April 19, 1995
PAGE 15 OF 23
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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 Association agree that a need exists for closer cooperation
between labor and management. To accomplish this objective, the Employer and the Association agree that
no more than three (3) duly authorized representatives of the Association shall function as one-half (112) 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 Association'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 Association 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: Effective January 1, 1995 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 (1112) times the straight time hourly rate stated herein.
ARTICLE 25 ........... DEFERRED COMPENSATION
25.1 DEFERRED COMPENSATION: Effective January 1, 1996 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, 1995 and shall remain in effect through December 31,1996
and may be extended thereafter by mutual agreement. It is further agreed that the City or the Association 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.
COLLECTIVE BARGAINING AGREEMENT
CITY OF BREMERTON, WASHINGTON - BREMERTON PATROLMEN'S ASSOCIATION
April 19, 1995
PAGE 16 OF 23
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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 Association and all of the employees in the bargaining unit covered by
this Agreement.
DATED THIS
~OW day of
~f)rq( L , 1995.
!I .
gMERTON PATROLMEN'S ASSOCIATION:
(/
~Ja
Ho orable Lynn Horton, Mayor
CITY OF BREMERTON
ATTEST:
~~
Member, Board of Directors
~~"-~ ~(Q.
Kathleen McCLuskey, City Clerk
~
~FORM
Ian Sievers, City Attorney
COLLECTIVE BARGAINING AGREEMENT
CITY OF BREMERTON, WASHINGTON - BREMERTON PATROLMEN'S ASSOCIATION
April 19, 1995
PAGE 17 OF 23
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APPENDIX A
TO THE AGREEMENT BY AND BETWEEN
THE
CITY OF BREMERTON
AND
BREMERTON PATROLMENS' ASSOCIATION
JANUARY 1,1995 THROUGH DECEMBER 31,1996
THIS APPENDIX is supplemental to that Agreement by and between the CITY OF BREMERTON, WASHINGTON
("Employer") and the BREMERTON PATROLMEN'S" ASSOCIATION, ("association").
A.1 Effective January 1, 1995, the base monthly rates of pay for employees shall be as follows:
Classification
Step 1
0-12 mo.
Step 2
13-24 mo
Step 3
25-36 mo
Step 4
37 -48 mo
Step 5
49+ mo
Police Officer
Monthly
Hourly
$2,956.00
$17.06
$3,066.00
$17.69
$3,212.00
$18.53
$3,350.00
$19.33
$3,643.00
$21.02
Sergeant
Monthly
Hourly
$3,849.00
$22.21
$3,934.00
$22.70
$4,017.00
$23.18
$4,100.00
$23.66
$4,187.00
$24.16
A.2 SERGEANT CLASSIFICATION: Effective January 1, 1995, any employee who is promoted to the classification of
sergeant shall be placed in 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.
A.3 Effective January 1, 1996, the rates of pay set forth in the 1995 wage table shall be increased by a general
wage increase of one percent (1.0%) plus an additional 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 1994 to July 1995 as is supplied by the Bureau of Labor
Statistics, United States Department of Labor. The COLA percentage increase and the one percent (1.0%)
general wage increase provided herein shall not be less than four percent (4%) nor shall it exceed five (5%)
percent.
COLLECTIVE BARGAINING AGREEMENT
CITY OF BREMERTON, WASHINGTON - BREMERTON PATROLMEN'S ASSOCIATION
April 19, 1995
PAGE 18 OF 23
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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 Association and all of the employees in the bargaining unit covered by
this Agreement. ]
DATED THIS
j Or);/- day of
(7~~ ,1995.
,. 'TON PATROLMEN'S ASSOCIATION:
CITY OF BREMERTON
,
ources Director
&~.(JL--G~
Police Chief
~ 11<-;11/
"~>Y;fl<'--.-" 'Y..I, -f'-;/f' :f,.~
Honorable Lynn Horton, Mayor
Dan Scott, Vice-President
~ II)
Member, Board of Directors
~;Z
ATTEST:
Member, Board of Directors
~ .~-=:>
Member, Board of Directors
~~~~
Kathleen McCLuskey, City Clerk
COLLECTIVE BARGAINING AGREEMENT
CITY OF BREMERTON, WASHINGTON - BREMERTON PATROLMEN'S ASSOCIATION
April 19, 1995
PAGE 19 OF 23
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APPENDIX B
TO THE AGREEMENT BY AND BETWEEN
THE
CITY OF BREMERTON
AND
BREMERTON PATROLMEN' ASSOCIATION
JANUARY 1,1995 THROUGH DECEMBER 31,1996
THIS APPENDIX is supplemental to that Agreement by and between the CITY OF BREMERTON, WASHINGTON
(IIEmployerll) and the BREMERTON PATROLMEN'SII ASSOCIATION, ("Association").
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 PATROLMEN'S ASSOCIATION
April 19, 1995
PAGE 20 OF 23
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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
A cap of up to seven qualified officers will be appointed to MPO level for the year 1995 and up to seven for 1996 for a total
of up to 14.
Selection Panel:
A. The original selection panel will consist of two management personnel and two members of the Board of
Representatives of the Association 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 PATROLMEN'S ASSOCIATION
April 19, 1995
PAGE 21 OF 23
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#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.
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 Association and all of the employees in the bargaining unit covered by
this Agreement.
DATED THIS ,>2 ~ day of
, 1995.
Dan Scott, Vice-President
ATTEST:
'-~~
Kathleen McCLuskey, City Clerk
COLLECTIVE BARGAINING AGREEMENT
CITY OF BREMERTON, WASHINGTON - BREMERTON PATROLMEN'S ASSOCIATION
April 19, 1995
PAGE 22 OF 23
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COLLECTIVE BARGAINING AGREEMENT
CITY OF BREMERTON, WASHINGTON - BREMERTON PATROLMEN'S ASSOCIATION
April 19, 1995
PAGE 23 OF 23
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AGENDA BILL
e
BREMERTON CITY COUNCIL
1. SUBJECT: Labor Agreement FOR AGENDA OF: April 26, 1995
By and Between The City Of ORIGINATING DEPT: Human Resources
Bremerton and Bremerton Patrolmen's ORIGINATOR: Jim Meith
Association, January 1, 1995 DATE SUBMITTED: April 13, 1995
through December 31, 1996.
Labor Agreement
1995 - 1996
2. CLEARANCES:
(Comment
if necessary)
3. EXHIBITS:
City Treasurer
Legal Counsel
ENDORSEMEN~IN~TION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
MAYOR ~ /. '" COUNCIL PRESIDENT c3uA.;.p/~~
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The attached Labor
Agreement between the City of Bremerton and the Bremerton's Patrolmen's
Association has been negotiated pursuant to the provisions of RCW Chapter
41.56, the Public Employees Collective Bargaining Statute of the State of
Washington, for the purpose of setting forth the wages, hours and working
conditions which are to be in effect during the term of the agreement for
all employees included in the bargaining unit which is represented by the
Union. This agreement is the result of numerous bargaining sessions starting
in August of 1994. On January 30, a mediation session was held as a result
of an impasse being declared in the negotiating process. This agreement has
been ratified by the members of the Bremerton Patrolmen's Association. The
attached agreement replaces the existing agreement, which expired on December
31, 1994.
8. RECOMMENDATION: It is recommended the City Council approve the Labor
Agreement by and between the City of Bremerton and the Bremerton
Patrolmen's Association for the period January 1, 1995 through December 31,
1996.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
Jim Meith, HR Manager
Jim Meith, HR Manager
December 31, 1996
August 1996
10. NOTICE OF ACTION
PULLED [] TABLED [] APPROVED [~DISAPPROVED [] AMENDED [] DATE:
COUNCIL DIRECTIVE:
11. AGENDA BILL NO.:
q5" -0<10
(OVER)
CLEARANCES COMMENTS:
.
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2.
s. IMPACT_OF NON-PASSAGE: The City and the Bremerton Patrolmen's Association
will be at impasse and will need to invoke interest arbitration provisions
of RCW 41.56.450.
6. IMPACT bN STAFFING. BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCES:
Budgeted funds are not included in the 1995 Budget's Salary and Benefits
Reserve Fund for the cost of the agreement ($141,737). The amount initially
budgeted was $84,736. It is anticipated that the additional costs will be
offset by the number of vacant positions in the department. No change to
total City budget.
7. RESEARCH SOURCES: