HomeMy WebLinkAboutPOLICE OFFICERS GUILD, 1979
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.,AGREEMENT
By, and B etweeri'
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'CITY OF BREMERTON
and
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BREMER TON POLICE OFFICERS t ASSOCIATION,
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January 1, 1979 through December 31, 1979
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TABLE OF CONTENTS
Article
-Page
1
I
PREAHBLE
II
RECOGNITION
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III
>.NONDISCRIMINATION
1
IV
APPLICATION OF CIVIL SERVICE LAW
2
v
ASSOCIATION DUES
2
VI
WAGE RATES AND LONGEVITY
2
VIr HOURS OF WORK AND OVERTIMEJ
VIII ANNUAL VACATIONS' l
IX HOLIDAYS 4
X EMPLOYEE MEDICAL COVERAGE AND DEPENDENT 4
MEDICAL GROUP INSURANCE
XI GROUP DENTAL INSURANCE 5
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XII PENSIONS 5
XIII TEill1INAL LEAVE 5
XIV FALSE ARREST INSURANCE 5
XV :' !~OTHING .....r~J) -;';i.aFOill.l C;..r:;",~"ING ALl C'~'1.J\l':CE Il:;:
XVI NOTIFICATION OF CHANGES 6
XVI I VACANCIES AND PROHO'rIONS . . 6-
XVIII GRIEVANCE PROCEDURE 6
XIX. PERFORi'1ANCE OF DUTY/NO STRIKE 7
XX POLICE OFFICERS INTERROGATION GUIDELINES 8
XXI
~mNAGEMENT RIGHTS
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XXII
SAVINGS CLAUSE
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XXIII
ENTIRE AGREEMENT
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XXIV
TE~1 OF AGREEMENT
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AGREEHENT
.' By and Between
CITY OF BREMERTON
and
.BREMERTON.POLICE OFFICERS ASSOCIATION
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ARTICLE I - PREA}ffiLE
This Agreement is between the City of Bremerton (hereinafter referred to'
as the "Employerlf) and the Bremerton police Officers Association (herein"~
. after referred to as the "Associationtl) for the purpose of setting fOl:t.h
the mutual understanding of the parties as to wages, hours and other
conditions of ,employment of those employees for whom the Employer has
recognized the Association as the exclusive bargaining represe.ntative~
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ARTICLE II - RECOGNITION
Section 1. The Employer recognizes the Association as the exclusive
representative for all regular full-time employees as follows:
InclUded: Patro.L ~ii:.Ll.:er, }1otc::-f~ C"C,:'L Officpr. ;: ,:: ~ Officer..
Detec tive, Sergeant, ._T.~affic-'Sergcant, " Sergeant.-l "D~ l
Sergeant:-Detectives, and Captain.
Excluded: Assistant Chief of Folice, Ch,i.ef of polic.e~ and all
other City of Bremerton employees.
ARTICLE III - NONDISCRIMINATION
Section 1. There shall be no discrimination by the Employer nor the
Ass-nciation against any employee engaging in legitimate Association
activity. Conversely, the Association shall not discriminate against
any employee desiring not to engage in Union activity.
Section 2. Neither the Employer nor the Associatiou, in carrying out:
their obligations under tllis Agreement, shall discriminate in matters of
hiring, training, promotion, transfer, layoff, discipline, dismissal or
othen{ise because of age, sex, marital status, race) creed. c~lor,
national origin, or the presence of any sensory, mental or physical
handicap, unless based on a bona fide occupational qualification. in
accordance with the provisions of RC\~ 49.60.180.
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ARTICLE IV _ APPLICATION OF CIVIL SERVICE LAW
It is specifically understood and agreed that nothing contained in this
Agreement is intended to supersede any matter delegated to the Bremerton
Civil Service COl:nnussion by state law or by ordinance,. resolution or laws'
of or pertaining to the City of Bremerton and such Commission shall continue
to have primary authority over the subjects within the scope of its jurisdiction.
and authority. .
ARTICLE V - ASSOCIATION DUES
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Section 1. The Employer agrees to deduct frorn the pa.ycheck, of thOSE~.. ..
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employees who have authorized such deductions in writing on a forrn tC) be .
filed with the Employer,. . the regular init.iation fee and regula:!.. monthly dues
required of Association members. The Employer shall rernit such dedudions
to the Treasurer of the Association.
Section 2. The Association agrees to indemnify and hold harmles.s HIe
Employer~from any and all liability resulting from such deduction's.
ARTICLE VI - WAGE RA TES AND LONGEVITY
Section 1. Thefollowing monthly :rates of pay shall ?e in effect during t:1)C
term of this Agreement: ' .,
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Section 2. Longevity pay shall be calculated on the Patrol Officer -' 4 th -
year base monthly wage rate:
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Length of Service
Rate per Honth
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o -' 5 years
5 - 10 years
10,.- l.5 years
, . -15 - 20 years
20 years and over
0%
1%
2%
3%
4%
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ARTICLE VII ~ HOURS OF WORK AND OVERTnlE
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Section 1. Employee.s covered by this Ag.r.eement shall vTork such shiftH.
as may be assigned from time to time. by the Commissioner of Public
Health and Safety or his designee and shall be subject to call in any
emergency while off duty.
Section 2. Overtime as used in this Agreement shall mean that time an
employee (excluding employees holding the rank of Captain) works in
excess of eight (8) hours per day or forty (40) hours in a workweek
excluding roll calls,. shift changeover coordination. t.ime, training,..
and staff meetings.
(a) All overt.ime must l)e authorized in advance by the Chief of pollee
or his designee except in 'cases of emergency.
(b) Overtime shall be compensated at the rate of one and one-half (l~)
times the regular rate of payor equivalent compensatory time off-
at the discretion of the Chief of police or his designee in
accordance with budget allowances and restrictions.
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(c) Ac-:..l.u.l;:.;;' Lompen~::.:.t~~f . ;'me Uiust ~.-~ :....:~L,:..1. vTithin l,ir>,.t"y (90) d;J?::-..
from the date earned and at a t.imemutually ag-reeable to th~
employee and the Chief of police or his designee.
Section 3 ~ Callback and/or Court_.Iime_. Employees called back to se);vlee
or who make court or other subpoenaed appearance on behalf of the Employel~ .
while off duty shall be compensated a minimum of two (2) hours at the
overtime rate or compensatory ti~e off at the employee's option,. pl;ovided
that there shall be no compensation for callbacks occasioned by the
employee's own neglect and wherein the situation requires the employee's
presence as determined by the Chief of police or his designee.
ARTICLE VIII - ANNUAL VACATIONS
Section 1. As provided by Ordinance 1813 as amended) annual vacntions
with pay shall be earned by eligible employees at the following rates:
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Year of Continuous
Employment
No. of Vacation Days
Accrued Per Year
1st. - 5th year
6th year
~ 7th year
8th ye,ar
9th year
10th year
11th year
12th year
13th year
14th year
15th year
16th year
17th year and after
13 working days
15 working days
16 working days
17 working days
18 working days
. 19 working days
. 20 working days
21. working days
22 working days
23 working days
24 \olOrking days
.25 \wrking days
26 working days
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Section 2. Accrual shall start from date of employment~ but vacation
leave shall not be available until after six (6) months of continuous
service. If any employee resigns or is discharged before completion of
the six (6) months' periodi any accrued vacation leave shall be forfeited.
Section 3. Annual vacation leaves shall be.scheduled by the Chief of
Police or his designee at such time as will least interfere with the
functions of the Police Department.
ARTICLE IX - HOLIDAYS
Section 1. In the event an employee covered by ~lis Agreement is
required to work on any of tlle eleven (11) Employer-designated holidays,
such employee shall be eligible for additional vacd~ion leave at the
rate of (:'n~ ,,:~d one-h::~_.F ('I..;) times :':.:: ;_"_:"u31 ho.ur:J. ..~'_:,2d. The
accrual and payment of .suLii additioILa.L vacation' leuve bllall be ill
accordance with the Employer's established practice.
Sectio~~. In the event an employee covered by fhis .Agreen1.ent is
required to work during the term of this Agreement on New y_~~._ts
DaY7 Memorial Day~ Independence D~Y7 Thanksgiving Day~ Christn~.as
Day~ sl}ch employee shall be compensated at the-i-ate of one and one'::lla.).f
(1 t> times the employee's hourly base rate of pay.
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ARTICLE X - EMPLOYEE MEDICAL COVER^GE AND
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DEPENDENT NEDICAL GROUP INSURANCE
Sectio~~. Nedical coverage for employees shall be provided in accordnnc.e
with the laws of the state of \.Jashington.
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Section 2. The Employer shall pay the full cost of the monthly premium
, to provide group medical insurance coverage through the Association of
Wasllington Cities Group Medical Plan for(depenucnts of full-time~ active,
eligible employees.
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ARTICLE XI - GROUP DENTAL INSURANCE
Section 1.
to provide
Washington
employees.
The Employer shall pay the full cost of the monthly premium
group-dental insurance coverage through the Association of
Cities Group Dental Plan for full-time, active, eligible
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Section 2. The Employer shall pay the full cost of the monthly premium
to provide group dental insurance coverage through the Association of
Washington Cities Group Dental Plan for dependents of full-time~ active,
eligible employees.
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ARTICLE XII - PENSIO~S
Pensions for employees and Employer contributions to pension funds shall
be in accordance with Washington State statutes.
ARTICLE XIII - TERNINAL LEAVE
Sectionl.:ln.accordance with Ordinance No. 1813 (as amended) upon
separation~ the Employer agrees to pay up to twenty (20) days of accrued
terminal leave. Any employee separated fromemplo}~ent for cause shali
forfeit any such benefits.
Section 2. Upon retirement an employee shall be. paid thirty-five percent
(35%) of up to one hundred twenty (120) days of accumulated sick leave
(accumulated at the rate of one (1) working day per month).
ARTICLE XIV - FALSE ARREST INSURANCE
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During the Lerm of this Agreement, the EmpLoyer shall maiLltain a False
Arrest Insurance policy in effect with coverage thereunner in acconlance
with the terms and conditions of such policy.
ARTICLE XV - CLOTHING ANTI UNIFORtf CLEANING - ALLOHANCE
Section 1. 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 City
of Bremerton.
Section 2. An annual allO\-lance of two hundred thirty-five dollars ($235.00)
per year will be provided to nonuniformed, S\-lorn personnel assigned as
detectives.
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Section 3. Effective January I, 1978, an annual uniform cleaning allowance
will be established of one hundred fifty dollars ($150.00) per year for
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uniformed sworn personnel. Such allowance shall be payable in the
amount of seventy-five dollars ($75.00) during the month of January and
seventy-five dollars ($75.00) during the month of July.
ARTICLE XVI - NOTIFICATION OF CHANGES
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Should the Employer wish to make any sig~ificant change affecting the
contract provisions during the life of this Agreement, the Association
shall be notified in advance of the desired change and afforded the
opportu~ity to meet and discuss such changes with the Employer.
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ARTICLE XVII - VACAXCIES AND PRONOTIO:-1S
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When a vacancy occurs in any classified position) it shall be ,filled
within thirty (30) days or, if not so rilled, the Hayor shall notify the
police Chief of the reason(s) therefore. All vacancies will be filled
in accordance with the rules and regulations set forth by the Bremerton
Civil Service Comnlission. Any employee who, is assigned to a higher-paid
position by the Chief of police on a temporary basis for sixty (60)
consecutive days or longer shall be paid the _established compensation
for such higher-paid position effective on .the sixtieth (60th) day of
"such assignment.
ARTICLE XVIII~ GRIEVANCE PROCEDURE
Section 1. For the purpose of this Agreement the term ltgrievanceu is
defined a~ an alleged violation in the interpretation or application of
the articles of this Agreement. Any alleged grievance shall be taken up.
by the employee with his or her Sergeant within ten (10) working days of
~he occ~~~~~~? The ~~~'~e ?3rties ag~~f ~0 ~ake every ~ff;rt to settle
the grievance at this stagt:: promptly) 'hO\~2:Jer, if n::,'",3~'-:""factory
settlement is reached, the following procedure shall apply:
Any dispute or grievance pertaining to Civil Service
rules or regulations will be submitted to the Civil
Service Commission for resolution.
StE:.E-!.. The grievance shall be reduced to written form by the
aggrieved employee and/or Association, stating the section of the
Agreement violated and explaining the, grievance in detail. The
employee or Association representative shall present the written
grievance to the employee's Captain within five (5) working days
, after the alleged grievance is taken up by th~ employee with the
Sergeant. The Captain shall convene a meeting within five (5)
working days after the receipt of the written grievance bet~"een the
employee, , Association representative together with the Sergeant.
Five (5) days after such meeting the Captain shall transmit a copy
of his decision to the aggrieved employee) the Association and the
Chief of the Police Department.
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Step 2. Should the grievance remain unresolved after the Step 1
meeting~ the aggrieved employee and/or the Association shall -
_ transmit the grievance in writing to the Assistant Chief of police
within five'(S} working days after the Step 1 decision has been
received by the involved parties. The Assistant Chief of police or.
his designee shall investigate the grievance and convene a meeting
within five (5) working days of receipt of the written gFievance
from the aggrieved employee and/or Association. After five (5)
working days of such meeting the Assistant Chief of police shall
transmit a copy of his decision to the aggrieved employee, Associa.tion
and Chief of police.
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Step 3. Any. grievance arising from the interpretation of the labo17
Agreement that is unresolved after-the decision is rendered in.
Step 2 shall be transmitted-in writing to the Grievance Board~ The
Grievance Board shall consist of the Mayor and the Chief of police,
and two (2) police officers selected by the Assoc.iation. If a
grievance exists ~and no settlement has been reached within fourteeft
(14) days of receipt by the Grievance Board, the grievance shall he.
placed on the agenda at the next regular Council meeting.
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Section 2. By mutual agreement~ a grievance may be submitted ,-lithIn ten
(10) working days following the decision rendered by the City Council in
Step 3 to the following arbitration procedure for res.olution~ The
Employer shall select one (1) person) and the Association shall selec.t
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onen(1) person. Such selected pe,rsons shall then select a third impartial
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person who shall serve as chairman of the Arbitrat.ion. panel. A majority
decision of the Arbitra'tion panel shall be made in writing lvithin t:wenty
(20) working days following the conclusion of the Arbitration hearing (s) ~.
Such decision shall be final and binding on both the Association and the
Employer. The authority of the Arbitration panel is' limited to ruling
on the cnr~p~tinterpretation or application of the Articles of this
Agreement allJ shall r_=: :':::,"'+ to or take moJay thereh:om.. ':ne costs of
arbitration shall be borne equally between the Association and ths
Employer.
ARTICLE XIX- PERFOR}l~NCE OF DUTY/~Q STRIKE
The Employer 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 contra):y .
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
assigned duties to the best of his or her abilities.
During the term of this Agreement, the Association and/or the membership
shall not cause) engage in or sanction any work stoppage, strike~
walkout, sit-down, stay-in) slowdown, sick-in, curtailment of work~
or any picketing, patrolling, demonstration or any other form of
similar individual or group activity or interference with Cityoper3tions
at any location \-1hatsoever. Employees who engage in any of the foregoing
or similar activities shall be subj eet to immediate disciplinal:Y-
action up to and including discharge. The Employer shall not institute
any lockout of employees during the term of this Agreement.
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ARTICLE XX - POLICE OFFICERS INTERROGATION GUIDELINES
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The responsibilities of police officers in the performance of their
-duties requires their contact with the general public which could result
in questions and misunderstandings surrounding the activities of members
of the Bremerton police Department. In the event such contact requires
an investigation as determined by the Chief of Police or his designee~
_ the following guidelines shall be observed to protect the rights of the
police officer and to deal with the situation in an expeditious and fair
manner. Such guidelines do not replace established procedures pertaining
to the discipline of an employee for reasonable and just cause.
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a) An employee of the.Br~merton police Department shall be entitled to
be advised in .the event he or she-becomes a suspect in the invest.:i.<~
gation which requires interrogation of said employee.
b) Interrogations of a Bremerton police Department officer should be
at a reasonable hour; preference for such time of interrogati?ns
should be when the individual is on duty and/or during the daytbne>
provJ.ded, however, that the gravity and exigencies of the investi'~
gatiorr shall in all cases control the time of said interrogation as
determined by the Chief of police or his designee.
c) All interrogations shall be held at a Bremerton police Station;
facility except when this;would be impractical. The employees
shall be afforded an opportunity and the necessary facilities to
contact an attorney prior to cornmencement of interrogation. The
employee's attorney and/or representativ~ of the Bremerton Police.
Officers Association may be present during the interro8at.:ton~ bue
said attorney and/or representative of the Bremerton Police
Officers Association shall not be permitted to participate in the.
j:-:'t~:-::-r.0,,:ation. Nothing herein shall in any way restrict the-rights
of the attorney and/or representatlve of the ~LeHleLLon Polic~
Officers Association to reasonable periods of consultation with the
employee during the process of the interrogation.
d) The interrogation shall be conducted in the most expeditious manum:
consistent with the scope and gravity of the subject matter of the
interrogation and the employee shall be permitted reasonable
periods to attend to personal necessities.
e) The employee shall not be subjected to offensive language or
intimidation during the process of interrogation. No promises or
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rewards shall be made to the said employee as an inducement to
answering questions.
f) An employee covered by this Agreement shall not be required to take.
a polygraph test as a part of the interrogation process.
g) 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.
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ARTICLE XXI - }1ANAGEHENT RIGHTS
Section 1. Any and allrrights concerned with the management and operation
of the police Department.are exclusively that of the Employer unless
otherwise provided by the terms of this Agreement. The Employer has the
right~ among other actions~ to adopt rules for the operation of the
Department and conduct of the employees) to discipline) temporarily lay
off~ or discharge employees for cause~ to assign work and determine
duties of employees~ to schedule hours of work) to determine number' of
personnel to be assigned duty at any time~ to determine and introduce
new work methods or facilities to increase productivity, to contract for
goods and services for operation of the Department and to perform all of
the functions not otherwise expressly lioited by this Agreement.
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Section 2. The Employer and the Association recognize and agree that
City of Bremer~on police Department policies, procedures, practices and
benefits other than specifically recognized by this Agreement shall
continue in effect for the duration of this Agreement unless changed or.
cancelled by the Chief of police or his designee.
Section 3. The parties to this Agreement 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 Employer and the Association each voluntarily and
unqualifiedly agree to waive the, right to oblige the other party to
bargain uith 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 )LXII - SAVINGS CLAUSE
Should any provisions of this Agreement be found to be in violation o~
any federal or state lav, City of Bremerton Charter, ordinance, regulatiorl
or resolution or declared invalid by a court action~ all other provisions
of this Agreement shall remain in full force and effect for the duratton
'of this Agreement. The Employer and t.he Association agreethaLany
invalid provision of this Agreement shall be modified through collective
bargaining prior to the expiration of this Agreement.
ARTICLE XXIII - ENTIRE AGREEMENT
The Agreement expressed herein in uriting constit,utes the entire Agreement
between the Employer and the Association, and no oral agreement shall
add to or supercede any of its provisions. \vherever a City of Bremer ton
ordinance or Civil Service rules are not in conflict with tIlis A8reement~
their provisions shall be applicable to employees in the bargaining
unit.
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ARTICLE XXIV - PARKING OF AUTOMOBILES
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The Employer shall furnish parking at City Hall (or reimburse the employee-
the cost of same) for any private automobile which an employee assigned to
the graveyard shift uses for commuting to work and shall do the same for
a private automobile when such automobile is being used by an employee for
transportation to and from court during the employee's off-duty time~
ARTICLE XXV - COMPENSATION FOR TRAINING
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Each employee who is required to attend school or training sessions dn:d:ng
his off-duty time shall be granted an equal amount of COl'Trpensatory tiW1C off'~,
at straight-time.
- ARTICLE XXVI - TERM OF AGREEMENT
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This Agreement shall become effective January 11 1979, and ,shall x-croain
in effect through December 31, 1979, and may be extended thereafter b;r
mutual agreement. It is further agreed that the E'mployer or the As soc:i.aHon'
may request reopening of this Agreemept for the purpose of renegotiaH.ng
changes to be effective following the expiration of this Agreen1.ent \xn.th ~;uch
notice to be in writing to the other party in accordance with the tin1.e sc:'hedule
established by RCW 41. 56.
DATED AND SIGNED this 4th' day of
September
l> 19 79,
BREMER TON POLICE OFFICERS t
ASS OerA TION.
By
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Tom Swanson
Commissioner of Public
\Vorks and Utilities
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Attest:
BY~~O. ~
City Clerk
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