Loading...
HomeMy WebLinkAboutPOLICE OFFICERS GUILD, 1992-1994 . . LABOR AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and. " BREMERTON PATROLMENS' ASSOCIATION January 1, 1992 through December 31,1994 SUMMARY OF CHANGES ARTICLE/SECTION PREAMBLE Removed Preamble as an Article. Corrected spelling of "Patrolmans'" to "Patrolmens'" Changed "other terms and conditions of employment" to "working conditions". Changed "in Article 3 below" to "in Article 2 below". ARTICLE 1. DISCRIMINATION ALLEGATIONS Changed "through the City's Equal Employment Opportunity Complaint Procedure or the appropriate state or federal agericy..." to "through the appropriate local, state or federal agency..." . ARTICLE 2. RECOGNITION Changed "conditions of employment..." to "working conditions...". Changed "for all employees in classifications set forth in Appendix A and such class~ications as may be added to the bargaining unit during the term of this agreement" to "the bargaining unit described in the State of Washington Public Employment 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 supelVisory and other employees of the employer." ARTICLE 3. ASSOCIATION DUES 3.1 Dues Deductions No change. 3.2 Maintenance of Membership No change. 3.3 Agency Fee Option 1 PAGE 1 1 1 2 2 2 2 --' ~ e - ARTICLE/SECTION Changed heading from "New Employees" to "Agency Fee Option". Changed "A newly hired employee shall determine within thirty (30) days whether he or she wishes..." to "New employees within thirty (30) days of hire and all other employees shall elect whether that employee wishes". 3.4 Equivalent Dues Payment No change. 3.5 Failure to Comply Changed "An employee who is required to maintain membership in good standing and fails to do so and an employee who is required to pay a service fee and fails to do so under the provisions of this Article..." to "An employee who fails to comply with this Article". . 3.6 Hold Harmless Changed "from any and all liability resulting..." to "from any and all liability to third . I . " partIes resu tmg... . ARTICLE 4. ASSOCIATION ACTMTY 4.1 Conduct of Association Business No changes. 4.2 Association Representatives Changed "...shall provide written notice to the City of the names of the officials..." to "...shall provide written notice to the Mayor, the Director of Personnel and the Police Chief of the names of the officials...". 4.3 Use of City Property I Changed from former "5.3 Association Bulletin Boards:" to "4.3 Use of City Property:" Added: Use of City Property: Use of City property is authorized as provided below. A. Use of Equipment: The following Police Department equipment is authorized for use by authorized Association representatives for Association business: Typewriters: when needed for short work. .2 PAGE 2 2 2 2 2 2 3 e e ARTICLE/SECTION Copy machines: up to five (5) copies for members of the Association's board. If more are needed, the Association shall reimburse the Department for costs subsequent to receipt of an itemized billing. Telephone: Local calls ate approved. Costs of long distance calls and FAX use shall be reimbursed by the Association to the Department subsequent to receipt of an itemized billing. B. Bulletin Boards: Changed "The City shall permit..." to "The Department shall permit..." ARTICLE 5. WAGES 5.1 Hourly Wage Rates Following language added to 5.1: "Wage rates shall be adjusted by 90% of the July 1992 CPI-W Seattle with a minimum adjustment of 2.5% and a maximum adjustment of 6% effective January 1, 1993. Wage rates shall be adjusted by 90% of the July 1993 CPI-W Seattle with a minimum adjustment of 3% and a maximum adjustment of 6% effective January 1, 1994." No changes to language for 5.1 A and B 5.1 C. Removed: "Upon promotion from Patrol Officer to Police Sergeant, an employee will be placed at that base wage rate of the Sergeant's wage range which will provide a minimum of 4%". Rates in Appendix A adjusted by 6% effective 1/1/92 5.2 Longevity Pay Changed "with the Employer" to ''with the City". 5.3 Officer In Charge No change. 5.4 Maintenance of Differential No change. ARTICLE 6. HOURS OF WORK 6.1 Normal Hours of Work 3 PAGE 3 3 4 4 4 4 4 e e ARTICLE/SECTION No change. 6.2 Shifts No change. 6.3 Shift Exchanges Changed "The Police Chief may overrule..." to "The Police Chief or the Chiefs designee may overrule...". 6.4 Shift Changeover Coordination Removed: "Upon being transferred from one shift to another, an employee may be scheduled to begin the newly assigned shift upon a day and at a time which results in the employee receiving less than the normal two (2) days off after concluding a work week of five (5) consecutive eight (8) hour days or the normal three (3) consecutive days off after concluding a work week of four (4) consecutive ten (10) hour days." Changed the minimum hours off between shift changes from ten (10) hours to eight (8) hours. ARTICLE 7. OVERTIME 7.1 Overtime Defined Removed: "Overtime includes required training, instruction, callback and other work which is required and authorized by the City and is performed during an employee's normally scheduled off duty time". 7.2 Overtime Compensation Changed "in cash or in compensatory time" to "in cash or in one and one-half times the overtime hours worked in compensatory time". Changed "with the approval of the Police Chief' to "with the approval of the Police Chief or the Chiefs designee". 7.3 Limitation on Compensatory Time No change. 7.4 Call Back Overtime 4 PAGE 4 5 5 5 5, 5 5 5 e e ARTICLE/SECTION Changed subject from "Minimum Overtime" to "Call Back Overtime". Changed "who is called back to duty for a period of time..." to "who is called back to duty with less than twenty-four (24) hour notice for a period of time...". 7.5 Court and/or Subpoenaed Appearances No change. 7.6 Non-Mandatory Training Added "Non-mandatory training time not required by the Department shall not be considered as overtime." / ARTICLE 8. VACATION LEAVE 8.1 Vacation Accrual Changed "including paid leave time pursuant to..." to "including paid holiday, sick leave, vacation and other leave time and excluding time for which workers' compensation time loss benefits are paid pursuant to...". Added "Annual Accrual" as a heading over column of hours. 8.2 Vacation Eligibility Added "The Police Chief or the Chiefs designee may grant vacation leave at an earlier time.". 8.3 Vacation Scheduling No change. 8.4 Maximum Vacation Accrual Changed second column heading from "Non shift Personnel" to "Maximum Balance". 8.5 Vacation Pay-Out Changed "Upon retirement or termination..." to "Upon retirement, resignation or termination...". ARTICLE 9. HOLIDAYS 9.1 Holidays Observed No change. 5 PAGE 6 6 6 6 6 6 7 7 7 It e ARTICLE/SECTION 9.2 Floating Holiday Changed "and the Police Chief." to "and the Police Chief or the Chiefs designee." 9.3 Holiday Compensation No change. 9.4 Premium Holiday Compensation No change. ARTICLE 10. SICK LEAVE 10.1 Sick Leave Accrual Changed "..hours of work including paid leave." to "...hours of work including holiday, sick leave, vacation and other paid leave time excluding time for which workers' compensation time loss benefits are paid." 10.2 Maximum Sick Leave Accrual No change. 10.3 Sick Leave Incentive No change. 10.4 Sick Leave Retirement or Death Payment No change. 10.5 Sick Leave Use Added 10.5 D. and E: "D. Upon the birth or adoption of a child, a father may use up to three (3) days of accrued sick leave." "E. 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 6 PAGE 7 7 8 8 8 8 8 8 8 9 e e ARTICLE/SECTION Changed 10.6.C. from "...by promptly notifying the department of the illness or injury..." to "...by promptly notifying the department at the time of occurrence or as soon thereafter as reasonably feasible of the illness or injury...". 10.7 Sick Leave Documentation and Approval Changed "...provide a professional physician's verification of illness or injury as a condition..." to "provide a professional physician's verification of an employee's, child's or family member's illness or injury as a condition..." ARTICLE 11. INDUSTRIAL DISABILITY 11.1. Industrial Disability for LEOFF I Employees No change. 11.2 Industrial Disability Leave for LEOFF II Employees Added: "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." Removed: "Disability Supplement for LEOFF II Employees: A disability leave supplement is the amount which, when added to the amount payable under Worker's Compensation time-loss benefits will result in an employee receiving the same pay he or she would have received for full time active service, taking into account that Workers' Compensation payments are not subject to federal or social security taxes. The disability leave supplement shall begin on the sixth day of absence from work caused by the injury or illness which entitles the employee to Workers' Compensation benefits and shall be paid as follows: A. One-half of the amount of the supplement shall be charged against the accrued sick leave of the employee up to the point where 48 hours of sick leave remain. If an employee has no accrued sick leave at the time of injury or illness which entitles him or her to Workers' Compensation benefits, or if accrued sick leave is exhausted to the point where only 48 hours remain during the period of disability, the employee shall receive only that portion of disability leave supplement prescribed by subsection (B) of this section. B. One-half of the amount of the supplement shall be paid by the City for a period not to exceed six (6) months from the date of injury or illness up to the point where only 48 hours of the employee's sick leave remains. In the event that only 48 hours of the employee's sick leave remains at some point during the period of disability, the City shall pay that amount of the supplement which is required to 7 PAGE 9 9 9 10 e e ARTICLE/SECTION make up the difference between the minimum sick leave of 48 hours and the employee's full time active pay, (taking into account that Workers' Compensation benefits are not subject to federal or social security taxes) for a period not to exceed six (6) months from the date of injury or illness. C. In no event shall the combination of Worker's Compensation, employee sick leave or City supplement compensation exceed the amount of an employee's regular wage rate at any time during the disability period. D. If an employee's accrued sick leave is exhausted during the period of disability, the employee may, for a period of two months following return to active service, draw prospectively upon sick leave the employee is expected to accumulate up to a maximum of 24 hours. Any sick leave drawn prospectively shall be charged against earned sick leave until such time as the employee has accrued the amount needed to restore the amount used. In the event an employee terminates active service without having restored the sick leave drawn prospectively, the City shall deduct the actual cost of any payments made under this subsection from compensation payable to the employee or otherwise recover the payments." ARTICLE 12. OTHER PAID LEAVE 12.1 Bereavement Leave Changed "...mother/father in-law, brother, sister, brother/sister in-law, grandparents of both..." to "...mother/father in-law, brother, sister, brother/sister in-law, grandchildren, and grandparents of both...". 12.2 Jury Duty Changed "...Jury duty or if subpoenaed as a witness as the result of a case related to his or her employment with the City. Any juror or witness fees...." to "...Jury Duty. Any juror fees..." 12.3 Military Leave No change. 12.4 Emergency Leave Changed" ...charged to an employee's unused vacation/holiday or compensatory time leave balance." to "...charged to an employee's unused vacation/holiday sick leave or compensatory time leave balance." ARTICLE 13. RETIREMENT BENEFITS No change. 8 PAGE 10 10 10 10 10 10 e - ARTICLE/SECTION ARTICLE 14. INSURANCE BENEFITS 14.1 Medical Insurance Language changed to reflect current benefits. No change to coverages. 14.2 Insurance Premium Payments: Language changed to reflect current arrangements. No change to methodology. 14.3. Dental Insurance Changed from "The City shall make the Washington Dental Service Plan A dental insurance coverage available to employees and their dependents and provide for full . payment of insurance premiums." to "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." 14.3 Disability No change. 14.4 Insurance Reserves, Rebates and Surpluses Changed "shall be used exclusively to defray the costs of premium increases in the plan above the 1990 premium levels." to "shall be used exclusively to defray the costs of premium increases in the plan or increase benefit levels." ARTICLE 15. CLOTHING AND UNIFORM CLEANING ALWWANCE 15.1 Purchase of Uniforms No change. 15.2 Clothing Allowance Changed "...shall be paid during the month of January." to ...shall be paid one-half ($212.50) during the month of January and one-half (212.50) during the month of July." 15.3 Uniform Cleaning Allowance No change. 9 PAGE 10 10 11 11 11 11 11 11 11 11 e e ARTICLE/SECTION 15.4 Cleaning Contract No change. 15.5 Motorcycle Boots No change. ARTICLE 16. PERSONNEL PRACTICES 16.1 Definitions No change. 16.2 Indemnification of Employees No change. 16.3 Provisional Appointment No change. 16.4 Department Policy Manual and Policy Changes No change. PAGE 12 12 12 12 12 12 12 16.5 Police Officers Interview Guidelines 12 A. No change. 13 B. No change. 13 C~~~ U D. 13 Changed "...shall be afforded an opportunity and the necessary facilities to contact an attorney..." to "shall be informed of his or her right to and be afforded an opportunity and the necessary facilities to contact an Association representative...". Changed "The member's attorney and/or representative of the Association may..." to "The member's representative may..." Changed "Nothing herein shall in any way restrict the rights of the attorney and/or representative with..." to "Nothing herein shall in any way restrict the rights of the representative...". E. No change. U F. No change. U G. No change. U H. No change I. Added "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 10 e e ARTICLE/SECTION PAGE 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 one complementary copy thereof. The Association may be allowed to tape record the interview." J. No change. ' 13 16.6 Smoking Prohibition 13 Added: "There shall be no smoking in City facilities except that a designated smoking area shall be established at the West Precinct." ARTICLE 17. MANAGEMENT RIGHTS 14 No change. ARTICLE 18. PERFORMANCE OF DUTY/NO STRIKE 14 Changed "slowdown, sick-in, curtailment of work, or any patrolling, demonstration or any other form of similar individual or group activity or interference with City operations at any location whatsoever,..." to "slowdown, sick-in, curtailment of work, or interference with City operations at any location whatsoever pwvided that nothing herein shall be interpreted as to prohibit lawful information picketing." ARTICLE 19. GRIEVANCE PROCEDURE 14 19.1 Definitions 14 No change. 19.2 STEP 1 14 Changed "...discuss the action giving rise to the belief with his or her immediate supervisor within fourteen..." to "...discuss the matter with the person who took the action giving rise to the belief within fourteen..." Changed "The employee's immediate supervisor shall provide" to "The person who took the action shall provide" 19.3 STEP 2 17 Changed From: "In the event that the immediate supervisor does not resolve the grievance to the satisfaction of the employee at Step 1 of this procedure, the employee shall reduce the grievance to writing and shall state: the section (or sections) of this agreement which is alleged to have been violated; an explanation of the grievance in detail, including dates, actions and such other information necessary to a full investigation 11 e e ARTICLE/SECTION PAGE 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 Association representative in reducing his or her grievance to writing. The employee shall present the written grievance to the Unit Commander in charge of the employee's operation within fourteen (14) calendar days of the date the employee received a written response from his or her immediate supervisor. The Unit Commander 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 Unit Commander shall reduce his or her decision to writing and shall transmit the decision to the employee with a copy to the Union representative within fourteen (14) calendar days of receiving the written grievance or of meeting with the employee and the Association Representative." Changed To: " A. 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: 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. 2) In the event the employee selects the Civil Service Appeal method, the employee shall comply with the CivilService Rules in processing the matter. 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 agreem~nt which is 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. B. 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 e e ARTICLE/SECTION 19.4 STEP 3 Changed "In the event that the Unit Commander 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 Unit Commander's written response to the Police Chief within fourteen (14) calendar days of receipt of the Unit Commander's written response. The Police Chief shall 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 receipt of meeting with the Association representative and transmit the decision to the Association." To"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 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 Chiefs personal receipt of the grievance or, if a meeting was held, within fourteen calendar days after meeting with the Association representative and transmit the decision to the Association." 19.5 STEP 4 No change. 19.6 Selection of Arbitrator No change. 19.7 Powers and Duties of the Arbitrator No change. 19.8 Costs of Arbitration No change. 19.9 Time Limits ARTICLE 20. SEVERABILITY No change. 13 PAGE 15 15 15 16 16 16 16 e e ARTICLE/SECTION ARTICLE 21. ENTIRE AGREEMENT No change. ARTICLE 22. CONFLICTING PROVISIONS No change. ARTICLE 23. TERM Changed January 11989 to January 11992 and December 311991 to December 31 1994. 14 PAGE 16 16 17 e e LABOR AGREEMENT BY AND BElWEEN THE CITY OF BREMERTON and BREMERTON PATROLMENS' ASSOCIATION January 1, 1992 through December 31,1994 TABLE OF CONTENTS ARTICLE/SECTION PAGE PREAMBLE 1 ARTICLE 1. DISCRIMINATION ALLEGATIONS 1 ARTICLE 2. RECOGNITION 1 ARTICLE 3. ASSOCIATION DUES 2 3.1 Dues Deductions 3.2 Maintenance of Membership 3.3 Service Fee Option 3.4 Equivalent Dues Payment 3.5 Failure to Comply 3.6 Hold Harmless 2 2 2 2 2 2 ARTICLE 4. ASSOCIATION ACTIVITY 2. 4.1 Conduct of Association Business 4.2 Association Representatives 4.3 Use of City Property 2 2 3 ARTICLE 5. WAGES 3 5.1 Hourly Wage Rates 5.2 Longevity Pay 5.3 Officer In Charge 5.4 Maintenance of Differential 3 4 4 4 i e e ARTICLE/SECTION PAGE ARTICLE 6. HOURS OF WORK 4 6.1 Normal Hours of Work 4 6.2 Patrol Shifts 4 6.3 Shift Exchanges 5 6.4 Shift Changeover Coordination 5 ARTICLE 7. OVERTIME 5 7.1 Overtime Defined 5 7.2 Overtime Compensation 5 7.3 Limitation on Compensatory Time 5 7.4 Call Back Overtime 5 7.5 Court and/or Subpoenaed Appearances 6 7.6 Non-Mandatory Training 6 ARTICLE 8. VACATION LEAVE 8.1 Vacation Accrual 6 8.2 Vacation Eligibility 6 8.3 Vacation Scheduling 6 \ 8.4 Maximum Vacation Accrual 7 8.5 Vacation Pay-Out 7 ARTICLE 9. HOLIDAYS 7 9.1 Holidays Observed 9.2 Floating Holiday 7 9.3 Holiday Compensation 7 9.4 Premium Holiday Compensation 8 ARTICLE 10. SICK LEAVE 8 10.1 Sick Leave Accrual 8 10.2 Maximum Sick Leave Accrual 8 10.3 Sick Leave Incentive 8 10.4 Sick Leave Retirement or Death Payment 8 10.5 Sick Leave Use 8 10.6 Notification of Sick Leave Use 9 10.7 Sick Leave Documentation and Approval 9 11 It e ARTICLE/SECTION ARTICLE 11. INDUSTRIAL DISABILITY PAGE 9 11.1. Industrial Disability for LEOFF I Employees 11.2 Industrial Disability Leave for LEOFF II Employees 9 10 ARTICLE 12. OTHER PAID LEAVE 10 12.1 Bereavement Leave 12.2 Jury Duty 12.3 Military Leave 12.4 Emergency Leave 10 10 10 10 ARTICLE 13. RETIREMENT BENEFITS 10 ARTICLE 14. INSURANCE BENEFITS 10 14.1 Medical Insurance 14.2 Insurance Premium Payments: 14.3. Dental Insurance 14.3 Disability 14.4 Insurance Reserves, Rebates and Surpluses 10 11 11 11 11 ARTICLE 15. CLOTHING AND UNIFORM CLEANING ALLOWANCE 11 15.1 Purchase of Uniforms 15.2 Clothing Allowance 15.3 Uniform Cleaning Allowance 15.4 Cleaning Contract 15.5 Motorcycle Boots 11 11 11 12 12 ARTICLE 16. PERSONNEL PRACTICES 12 16.1 Definitions 16.2 Indemnification of Employees 16.3 Provisional Appointment 16.4 Department Policy Manual and Policy Changes 16.5 Police Officers Interview Guidelines 16.6 Smoking Prohibition 12 12 12 12 12 13 ARTICLE 17. MANAGEMENT RIGHTS 14 ill e ARTICLE/SECTION ARTICLE 18. PERFORMANCE OF DUTY/NO STRIKE ARTICLE 19. GRIEVANCE PROCEDURE 19.1 Definitions 19.2 STEP 1 19.3 STEP 2 19.4 STEP 3 19.5 STEP 4 19.6 Selection of Arbitrator 19.7 Powers and Duties of the Arbitrator 19.8 Costs of Arbitration 19.9 Time Limits ARTICLE 20. SEVERABILITY ARTICLE 21. ENTIRE AGREEMENT ARTICLE 22. CONFLICTING PROVISIONS ARTICLE 23. TERM WAGE RATES iv e PAGE 14 14 14 14 15 15 15 15 16 16 16 16 16 16 17 APPENDIX A e e LABOR AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and BREMERTON PATROLMENS' ASSOCIATION January 1, 1992 through December 31, 1994 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 Patrolmens' 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 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 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 Employment 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." e e 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. 3.3 Service Fee Option: New employee within thirty (30) 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 (30) days from the date the City received the notice, unless the employee has remedied the delinquency within said thirty (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 ACTMTY 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. Scheduled Association meetings may be held in Police Department facilities provided that such meetings do not intedere with Police Department operations and are approved in advance by the Police Chief. 4.2 Association Representatives: The Association shall provide written notice to the Mayor, the Director of Personnel 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 2 - e 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 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 employee or of other on-duty employees. 4.3 Use of City Property: Use of City property is authorized as provided below. A. Use of Equipment: The following Police Department equipment is authorized for use by authorized Association representatives for Association business: Typewriters: when needed for short work. Copy machines: up to five (5) copies for members of the Association's board. If more are needed, the Association shall reimburse the Department for costs subsequent to receipt of an itemized billing. Telephone: Local calls are approved. Costs of long distance calls and FAX use shall be reimbursed by the Association to the Department subsequent to receipt of an itemized billing. B. Bulletin Boards: The 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. Wage rates shall be adjusted by 90% of the July 1992 CPI-W Seattle with a minimum adjustment of 2.5% and a maximum adjustment of 6% effective January 1, 1993. Wage rates shall be adjusted by 90% of the July 1993 CPI-W Seattle with a minimum adjustment of 3% and a maximum adjustment of 6% effective January 1, 1994. A. 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. B. A new employee's wage rate shall De 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. 3 e - 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: Length of Continuous Service Adjustment to 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 years and over continuous employment 4% 5.3 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. 5.4 Maintenance of Differential: Notwithstanding the base wage rates set forth in Appendix A for Police Sergeant at entry, at second year and at third year, an employee who was regularly appointed to the classification of Sergeant as of June 30 1990 and who at that time had served less than three full years in the classification shall have his or her base wage rate set at 11.6% above the fifth year Patrol JOfficer base wage rate until such time as the employee has completed three full years of employment in the Sergeant classification. Upon the completion of three full years of employment in the Sergeant classification, such an employee shall have his or her base wage rate set at the applicable year Sergeant rate in effect at that time. Such an employee shall receive the appropriate percentage of longevity pay for years of City employment in addition to the base wage rate set by this subsection. 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 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 40 hours per week and are mutually agreed to by the employer and employee. A. Shift assignments within the Patrol Division only shall be bid by seniority at least annually provided that no more than 33% of the positions on each shift shall be exempt from the bidding process and assigned as is provided in B below. For the purposes of this section, seniority shall be defined as all paid regular time worked as a commissioned police officer with the City of Bremerton Police Department. 4 . - B. 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. C. Notwithstanding A and B above, 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. D. Sergeants shall be allowed to bid for shifts on the basis of time since promotion to Sergeant provided, Section A and B 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 such 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 supervisors 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. 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 rat.e of one and one-half .times an employee's hourly rate in cash or in one and one-half 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 the Chiefs designee. 7.3 Limitation on Compensatory Time: Accrued Compensatory time must be taken within one hundred eighty (180) days from the date earned and at a time mutually agreeable to the employee and the Chief of Police or the Chiefs designee. If not used, it will be paid at the overtime 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 hours of overtime compensation. 5 II e~ 7.5 Court and/or Subpoenaed Appearances: An employee who appears in Court or responds to a subpoena on behalf of the City on off duty time shall receive a minimum of two 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 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. v 7.6 Non-Mandatory Training: Non-mandatory training time not required by the Department shall ~ not be considered as overtime. 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 Date of Hire through 5 years 6th year 7th year 8th year 9th year 10th year 11 th year 12th year 13th year 14th year 15th year 16th year 17th year and thereafter Annual Accrual 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 V acation Eli~bility: An employee becomes eligible to take accrued vacation time upon completion of six (6) full months of employment. The Police Chief or the Chiefs designee may grant vacation leave at an earlier time. 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. 8.3 Vacation Scheduling: Annual vacation leave shall be authorized by the Police Chief or the Chiefs designee. Personnel shall schedule vacation leave by mutual agreement of the employee and the Police Chief or the Chiefs designee. 6 -- -- 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 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 who's accrued vacation hours exceed the maximum carry over balance and 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 and 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 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 F1oatin~ Holiday: Each employee shall be allowed one additional holiday to be observed by the employee on a day mutually agreeable to the employee and the Police Chief or the Chiefs designee. 9.3 Holiday Compensation: Employees covered by this Agreement shall receive an additional eleven (11) days vacation leave per year in lieu of holidays, except as provided in 9.4 below. The accrual and payment of such additional compensation shall be in accordance with the Employer's established practice in this regard. 7 . e 9.4 Premium Holiday Compensation: In the event an employee covered by this Agreement is required to work during the term of this Agreement on New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, or Christmas Day, such employee shall be compensated at the rate of one and one half (1 1/2) times the employee's hourly rate of pay. It is recognized that non-uniform 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 will be 96 hours. 10.2 Maximum Sick Leave Accrual: Employees shall be able to accrue sick leave to a maximum of 960 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 payperiod 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: A. The temporary disability of an employee resulting from his or her personal illness or illJUry. B. Providing care for an employee's children under the age of 18 when they have a health condition that requires supervision or treatment. C. 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. D. Upon the birth or adoption of a child, a father may use up to three (3) days of accrued sick leave. E. 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. 8 -- e 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 for out of state funerals of members of the employee's immediate family. 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: An employee shall be granted leave of absence with pay for the purpose of reporting to 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 EmergenG}' Leave: In the event of an unforeseen emergenG}' 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 emergenG}' leave shall be charged to an employee's unused vacation/holiday sick leave or compensatory time leave balance. ARTICLE 13. RETIREMENT BENEFITS Each employee shall be enrolled in the Washington State Retirement system for which he or she qualifies. Only for the purposes of federal income taxation, the gross income of each employee shall be reduced by the amount of employee contributions to the respective retirement system which is picked up by the City. ARTICLE 14. INSURANCE BENEFITS 14.1 Medical Insurance: The City shall make medical insurance coverage available to employees and their dependents follows: Kitsap Physician's Service Plan A for Employees and Dependents Group Health Cooperative for Employees and Dependents 10 e e 10.6 Notification of Sick Leave Use: An employee who is absent or expects to be absent from work due to causes specified in 10.5 above, shall provide notification as follows: A. 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. B. Unanticipated Absence: An employee who is absent from work or will be unable to report to work as scheduled due to personal illness or injury, or for other causes specified in 10.5 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 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. C. Sick Leave during Authorized Paid Leave: An employee who becomes ill or is injured during the employee's paid vacation or compensatory time off for accumulated overtime, 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 or injury and providing such information as is required by the department to verify the appropriateness of such a conversion. 10.7 Sick Leave Documentation and Approval: An employee who has been absent on sick leave shall, within thirty-six hours after returning to work, submit such forms..; and provide such .information as are required by the Department to approve the use of sick leave with pay for the absence. The Department 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 supervisor has a reasonable basis to suspect sick leave is not being used in conformance with 10.5. In the event the Department intends to require such verification, the employee will be notified of the requirement prior to returning to work. The Department 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 Department prior to payment. The Department shall not unreasonably. withhold approval of sick leave with pay from employees. ARTICLE 11. INDUSTRIAL DISABILITY 11.1. Industrial Disability for LEOFF I Employees: An employee who qualifies for and is induded 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. 9 e e 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) dollars 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. 14.3 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. 14.4 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 the bargaining unit's pro-rata share of any premium rebates, interest rebates, surplus 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 or increase benefit levels. 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 police. officer shall be furnished uniforms as designated by the Chief of Police. Such uniforms shall be replaced on an as needed basis from the Clothing Allowance Fund, as determined by the Police Department Administration Office. All uniforms purchased by the Employer are to be and remain the property of the Employer. 15.2 Clothing Allowance: An annual allowance of four hundred twenty five ($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 one-half (212.50) during the month of July. In the event an employee is transferred to the Detective Division and is assigned as a Detective, ~e/she will receive a pro-rata clothing allowance payment. 15.3 Uniform Cleaning Allowance: There shall be an annual uniform cleaning allowance of two hundred seventy five dollars ($275.00). This applies to all personnel covered by this agreement. Such allowance shall be payable in the amount of one hundred thirty seven dollars and fifty cents ($137.50) during January and July. An employee will not be required to pay back to the Employer funds received for the purpose of clothing or cleaning allowance after the employee has received such payment. 11 e e 15.4 Cleaning Contract: In the event the Employer secures a cleaning contract with an independent cleaning company during the term of this Agreement, 15.3 will become null and void. 15.5 Motorcqrcle Boots: The City agrees to provide the sum of one hundred dollars ($100.00) to Motorcycle Officers for the purchase of motorcycle boots. After initial issue, replacement monies will be approved only after the Chief or the Chiefs designee authorize 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: A. Probationary Employee: An employee serving a twelve- 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. B. Promotional Probation: A twelve-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. C. LEOFF I Employee: An employee who qualifies for and is a member of the Washington State Retirement System commonly known as "LEOFF 1". D. LEOFF II Employee: An employee who qualifies for and is a member of the Washington State Retirement System commonly known as "LEOFF II". 16.2 Indemnification of Employees: The City shall provide legal defense and will pay all legitimate claims, settlements, judgements, 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. 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 with 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: 12 fa e A. The interview of any department member shall be conducted at a reasonable hour, preferably when the member is on duty and/or during day light 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 off-duty time in accordance with the Overtime provisions of this Agreement. B. The interview shall take place at a location designated by the investigation officer, preferably at the Police Department. C. 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 of all complaining parties before the interview commences. D. 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. E. 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. F. 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 said 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 by the interviewing officer. When the member refuses to answer such questions, he will be informed that his refusal to answer can become the subject for disciplinary action. G. A member covered by this Agreement shall not be required to take a polygraph test as part of the interview process. . H. Nothing contained in any of the above guidelines shall restrict and/or limit the authority of the Chief of Police in the performance of his duties and responsibilities as the Chief Administrator of the Bremerton Police Department. I. No tape recording will be made of the interview without prior advisement. There will be no off-the-record questions during a recorded interview. 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.one complementary copy thereof. The Association may be allowed to tape record the interview. J. 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 their 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 24 hours with allowances being made for weekends and holidays. 16.6 Smoking Prohibition: There shall be no smoking in City facilities except that a designated smoking area shall be established at the West Precinct. 13 .- e ARTICLE 17. MANAGEMENT RIGHTS Any and all rights concerned with the management and operation of the Police Department are exclusively that of the City unless otherwise provided by the terms of this Agreement. The City has the right, among other actions, to adopt rules for the operation of the Department and conduct of the employees, to discipline, suspend or discharge employees for 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 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: A. 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. B. 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. C. 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 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 issue was discussed with the employee. 14 e e 19.3 STEP 2: A. 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: 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. 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. 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 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 retTIedy sought. B. 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 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 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 Chiefs personal receipt of the grievance or, if a meeting was held, within fourteen calendar days after meeting with the Association representative and transmit the decision to the Association. 19.5 STEP 4: In the event that the Police Chief 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 Personnel within thirty (30) calendar days of receipt of the Police Chiefs decision. In the event the Association does not request arbitration of the issue within the thirty (30) 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 Personnel shall informally review the grievance and determine whether said grievance may be adjusted to the satisfaction of the employee. The Director of Personnel 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. 15 e e 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 shc,Jl not add to, subtract from nor in any way otherwise alter nor 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 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 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. ARTICLE 22. CONFLICTING PROVISIONS In the event that any provision of this Agreement is found to be in conflict with any other Resolution, Ordinance, Policy, Regulation or Rule of the City, the provision of this agreement shall prevail. 16 e - ARTICLE 23. TERM This Agreement shall become effective January 11992 and shall remain in effect through December 31 1994 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. 17 e e WAGE RATES APPENDIX A EFFECTIVE JANUARY 11992 : ENTRY TH SECOND THIRD FOURTH FIFTH PA TROL OFFICER BASE : FIRST YR YEAR YEAR YEAR YEAR ----------- --------- -------- -------- -------- -------- APPROX MO 2,668 2,768 2,898 3,023 3,286 ACTUAL HRL 15.39 15.97 16.72 17.44 18.96 TIME IN CITY LONGEVITY ACTUAL EMPLOYMENT: RATES HOURLY 6TH THRU 10TH YR 1%: 19.15 11TH THRU 15TH YR 20/0 : 19.34 16TH THRU 20TH YR 3%: 19.53 21 ST YR AND AFTER 4%: 19.72 : ENTRY TH SECOND THIRD FOURTH FIFTH POLICE SERGEANT BASE : FIRST YR YEAR YEAR YEAR YEAR ----------- --------- -------- -------- -------- -------- APPROX MO 3,474 3,550 3,624 3,701 3,779 ACTUAL HRL 20.04 20.48 20.91 21.35 21.80 : TIME IN CITY LONGEVITY EMPLOYMENT: RATES ACTUAL HOURLY 6TH THRU 10TH YR 1%: 20.24 20.68 21.12 21.56 22.02 11TH THRU 15TH YR 2%: 20.44 20.89 21.33 21.78 22.24 16TH THRU 20TH YR 3%: 20.64 21.09 21.54 21.99 22.45 21 ST YR AND AFTER 4%: 20.84 21.30 21.75 22.20 22.67 e e "," 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. tL DATED THIS ;;( 0 day of CITY OF BREMERTON: &~~/fh~ ~~YJ,. ;! Police Chief "~ J:j ATTEST: ~-<-~ ~L Kathleen McCluskey City Clerk D AS TO FORM: f Directors 18 e ," AGENDA BILL e BREMERTON CITY COUNCIL 1. SUBJECT: Labor Agreement by and . between the City of Bremerton and Bremerton Patrolmen's Association 1992 - 1994 FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: August 26, 1992 Personnel /lIlA C. MarshalV- \ August 20, 1992 ~:~~~r City-,'-"Attorney " ENDORSEM NT [X] INFORMATION [] (Comment O~~~S~y) Police "C~ 3. EXHIBITS: 2. CLEARANCES: Labor Agreement 1992 - 1994 MAYOR APPROVED BY COUNC~RESID'iT F~R SUBMITTAL: COUNCIL PRESIDENT 4;{:1}>..4,A' ~t~bJVJ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The attached Labor Agreement "between the City and the Bremerton Patrolmen's Association has been negotiated in conformance with Council direction and covers a three-year period beginning January 1, 1992 and ending December 31 1994. Many changes to the existing agreement have been made--detail of all changes are included as an attachment. The following salary and benefits changes are included: WAGES 6% January 1 1992 90% of Seattle CPI-W July 1992 Index; Minimum 2.5%--Maximum 6% January 1 1993 90% of Seattle CPI-W July 1993 Index; Minimum 2.5%--Maximum 6% January 1 1994 INSURANCE PLANS No changes to Plans and premium payment arrangements 8. RECOMMENDATION: It is recommended that 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 1992 through December 31 1994. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: C. Marsha fl J AA C. MarSha~( Deoember 31, 1994 July 1994 OF ACTION PULLED [] TABLED [] APPROVED APPROVED [] AMENDED [] DATE: c...,~ ~\.~~ ~,,"':::.~~ () (\ A 11. AGENDA BILL NO.: ~~ Q.~. ~ - ~c:;.~c:. c.. . L.c.- A~ .~ ~ ~ ----- q; - c:('ld (OVER) COUNCIL DIRECTIVE: ;I"/< e . 2 -;. CLEARANCES COMMENTS: 5. IMPACT OF NON-PASSAGE: Negotiations with the Association will have reached impasse and unresolved issues would be certified for binding arbitration by the state of Washington Public Employment Relations Commission. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Transfer of funds from Salary Adjustment Reserve to the Police Department line item budgets as follows: 7. RESEARCH SOURCES: