HomeMy WebLinkAboutPOLICE OFFICERS GUILD, 1977
e,
/.
. /
......- ~.;.' '
:i> -
,.
,
~
~',-:,,",:-"
.
...
A G R E E MEN T
By and Between
CITY OF BREMERTON
And
.
BREMERTON POLICE OFFICERS ASSOCIATION
*
*
*
*
*
tftflG-I"Y/lI... -/11/
January 1, 1977 through December 31, 1977
,
. .
. .
.
.,
Article
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
XIII
XIV
XV
XVI
XVII
XVIII
XIX
XX
XXI
XXII
XXIII
XXIV
.
e
TABLE OF CONTENTS
PREAMBLE
RECOGNITION
NONDISCRIMINATION
APPLICATION OF CIVIL SERVICE LAW
ASSOCIATION DUES
WAGE RATES AND LONGEVITY
HOURS OF WORK AND OVERTIME
ANNUAL VACATIONS
HOLIDAYS
EMPLOYEE MEDICAL COVERAGE AND DEPENDENT
MEDICAL GROUP INSURANCE
GROUP DENTAL INSURANCE
PENSIONS
TERMINAL LEAVE
FALSE ARREST INSURANCE
CLOTHING ALLOWANCE
NOTIFICATION OF CHANGES
VACANCIES AND PROMOTIONS
GRIEVANCE PROCEDURE
PERFORMANCE OF DUTY/NO STRIKE
POLICE OFFICERS INTERROGATION GUIDELINES
~ffiNAGEMENT RIGHTS
SAVINGS CLAUSE
ENTIRE AGREEMENT
TERM OF AGREEMENT
Page
1
1
1
2
2
2
3
3
4
4"
4
5
5
5
5
5
5
6
7
7
8
9
9
9
. "
"
,
e
e
AGREEMENT
By and Between
CITY OF BREMERTO~
and
BREMERTON POLICE OFFICERS ASSOCIATION
*
*
*
*
*
ARTICLE I - PREAMBLE
This Agreement is between the City of Bremerton (hereinafter referred to
as the "Employer") and the Bremerton Police Officers Association (herein-
after referred to as the "Association") for the purpose of setting forth
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 representative.
ARTICLE II - RECOGNITION
Section 1. The Employer recognizes the Association as the exclusive
representative for all regular full-time employees as follows:
Included: Patrolman, Motor Patrolman, Detective, Sergeant,
Traffic Sergeant, Sergeant-I.D., Sergeant-Detectives,
and Captain.
Excluded: Assistant Chief of Police, Chief of Police, and all other
City of Bremerton employees.
ARTICLE III - NONDISCRIMINATION
Section 1. There shall be no discrimination by the Employer nor the
Association 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 Association, in carrying out
their obligations under this Agreement, shall discriminate in matters of
hiring, training, promotion, transfer, layoff, discipline, dismissal or
otherwise because of age, sex, marital status, race, creed, color,
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 RCW 49.60.180.
. .
e
- 2 -
e
ARTICLE IV - APPLICATION OF CIVIL SERVICE LAW
It is specifically understood and agreed that nothing contained in this
Agreement is intended to supercede any matter delegated to the Bremerton
Civil Service Commission 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
Section 1. The Employer agrees to deduct from the paycheck of those
employees who have authorized such deductions in writing on a form to
be filed with the Employer, the regular initiation fee and regular monthly
dues required of Association members. The Employer shall remit such
deductions to the Treasurer of the Association.
Section 2. The Association agrees to indemnify and hold harmless the
Employer from any and all liability resulting from such deductions.
ARTICLE VI - WAGE RATES AND LONGEVITY
Section 1. The following rates of pay shall be in effect during the
term of this Agreement:
Effective
1/1/77
Patrolman (full-time)
1st year
2nd year
3rd year
4th year
$1,093.42/mo.
1,138.91
1,194.22
1,249.53
Hotor Patrolman
(When assigned)
1,271.90
Detective
1,332.33
Sergeant
Traffic Sergeant
Sergeant-I.D.
Sergeant-Detectives
Captain
1,390.59
1,412.96
1,417.75
1,446.55
1,547.35
Section 2. Longevity pay shall be calculated on the Patrolman - 4th
year base monthly wage rate:
Length of Service Rate per Month
o - 5 years 0%
5 - 10 years 1%
10 - 15 years 2%
15 - 20 years 3%
20 years and over 4%
, .
cO
.:
e
e
- 3 -
ARTICLE VII - HOURS OF WORK AND OVERTIME
Section 1. Employees covered by this Agreement shall work such shifts
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 time, training,
and staff meetings.
(a) All overtime must be authorized in advance by the Chief of Police
or his designee except in cases of emergency.
(b) Overtime shall be compensated at the rate of one and one-half (1~)
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.
(c) Accrued compensatory time must be taken within ninety (90) days
from the date earned and at a time mutually agreeable to the
employee and the Chief of Police or his designee.
Section 3 - Callback and/or Court Time. Employees called back to service
or who make court or other subpoenaed appearance on behalf of the Employer
while off duty shall be compensated a minimum of two (2) hours at the
overtime rate or compensatory time off'at the employee's option, provided
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 vacations
with pay shall be earned by eligible employees at the following rates:
Year of Continuous No. of Vacation Days
Employment Accrued Per Year
1st - 5th year 13 working days
6th year 15 working days
7th year 16 working days
8th year 17 working days
9th year 18 working days
10th year 19 working days
11th year 20 working days
12th year 21 working days
13th year 22 working days
14th year 23 working days
15th year 24 working days
16th year 25 working days
17th year and after 26 working days
~
e
.
- 4 -
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' period, 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
Employees covered by this Agreement shall receive as compensation for
working on holidays an additional eleven (11) days' vacation leave per
year. The accrual and payment of such additional compensation shall be
in accordance with the Employer's established practice in this regard.
ARTICLE X - EMPLOYEE MEDICAL COVERAGE AND
DEPENDENT MEDICAL GROUP INSURANCE
Section 1. Medical coverage for employees shall be provided in accordance
with the laws of the state of Washington.
Section 2. Effective February 1, 1977, the Employer shall pay the full
cost of the monthly premium to provide group medical insurance coverage
through the Association of Washington Cities Group Medical Plan for
dependents of full-time, active, eligible employees.
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
Section 2. Effective February 1, 1977, 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.
.' .
e
e
- 5 -
ARTICLE XII - PENSIONS
Pensions for employees and Employer contributions to pension funds shall
be in accordance with Washington State statutes.
ARTICLE XIII - TERMINAL LEAVE
Section 1. In 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 from employment for cause shall
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
During the term of this Agreement, the Employer shall maintain a False
Arrest Insurance policy in effect with coverage thereunder in accordance
with the terms and conditions of such policy.
ARTICLE XV - CLOTHING ALLOWANCE
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 allowance will be established of one hundred
seventy-five dollars ($175.00) per year for nonuniformed sworn personnel
assigned as detectives.
ARTICLE XVI - NOTIFICATION OF CHANGES
Should the Employer wish to make any significant 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
opportunity to meet and discuss such changes with the Employer.
ARTICLE XVII - VACANCIES AND PROMOTIONS
When a vacancy occurs in any classified position, it shall be filled
within thirty (30) days or, if not so filled, the Mayor shall notify the
.~ .
,.
.
.
e
.
- 6 -
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 Commission. 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 "grievance" is
defined as 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
the occurrence. The above parties agree to make every effort to settle
the grievance at this stage promptly; however, if no satisfactory
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.
Step 1. 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 the employee with the
Sergeant. The Captain shall convene a meeting within five (5)
working days after the receipt of the written grievance between 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.
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 (5) 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 grievance
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, Association
and Chief of Police.
Step 3. Any grievance arlslng from the interpretation of the labor
Agreement that is unresolved after the decision is rendered in
Step 2 shall be transmitted in writing to the Grievance Board. The
~
. .'
.
.
\
. .
~
.
- 7 -
Grievance Board shall consist of the Mayor and the Chief of Police
and two (2) police officers selected by the Association. If a
grievance exists and no settlement has been reached within fourteen
(14) days of receipt by the Grievance Board, the grievance shall be
placed on the agenda at the next regular Council meeting.
Section 2. By mutual agreement, a grievance may be submitted within ten
(10) working days following the decision rendered by the City Council in
Step 3 to the following arbitration procedure for resolution. The
Employer shall select one (1) person, and the Association shall select
one (1) person. Such selected persons shall then select a third impartial
person who shall serve as chairman of the Arbitration panel. A majority
decision of the Arbitration panel shall be made in writing within twenty
(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 correct interpretation or application of the Articles of this
Agreement and shall not add to or take away therefrom. The costs of
arbitration shall be borne equally between the Association and the
Employer.
ARTICLE XIX - PERFORMANCE OF DUTY/NO 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 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
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 City operations
at any location whatsoever. Employees who engage in any of the foregoing
or similar activities shall be subject to immediate disciplinary
action up to and including discharge. The Employer shall not institute
any lockout of employees during the term of this Agreement.
ARTICLE XX - POLICE OFFICERS INTERROGATION GUIDELINES
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.
'e
e
- 8 -
a) An employee of the Bremerton Police Department shall be entitled to
be advised in the event he or she becomes a suspect in the investi-
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 interrogations
should be when the individual is on duty and/or during the daytime,
provided, however, that the gravity and exigencies of the investi-
gation 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 commencement of interrogation. The
employee's attorney and/or representative of the Bremerton Police
Officers Association may be present during the interrogation, but
said attorney and/or representative of the Bremerton Police
Officers Association shall not be permitted to participate in the
interrogation. Nothing herein shall in any way restrict the rights
of the attorney and/or representative of the Bremerton Police
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 manner
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
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.
ARTICLE XXI - MANAGEMENT RIGHTS
Section 1. Any and all rights 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 limited by this Agreement.
~
. .
7
.""
e
e
- 9 -
Section 2. The Employer and the Association recognize and agree that
City of Bremerton 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 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 XXII - SAVINGS CLAUSE
Should any prOVlSlons of this Agreement be found to be in violation of
any federal or state law, City of Bremerton Charter, ordinance, regulation
or resolution or declared invalid by a court action, all other provisions
of this Agreement shall remain in full force and effect for the duration
of this Agreement. The Employer and the Association agree that any
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 writing constitutes the entire Agreement
between the Employer and the Association, and no oral agreement shall
add to or supercede any of its provisions. Wherever a City of Bremerton
ordinance or Civil Service rules are not in conflict with this Agreement,
their provisions shall be applicable to employees in the bargaining
unit.
ARTICLE XXIV - TERH OF AGREEMENT
This Agreement shall become effective January 1, 1977, and shall remain
in effect through December 31, 1977, and may be extended thereafter by
,.J# "'" ~
, ..
It
. ."
.~
- 10 -
.
mutual agreement. It is further agreed that the Employer or the
Association may request reopening of this Agreement for the purpose of
renegotiating changes to be effective following the expiration of this
Agreement with such notice to be in writing to the other party in
accordance with the time schedule established by RCW 41.56.
DATED AND SIGNED thi~daY O~9~
CITY OF BREMERTON
BY~~h<,~
/ Glenn K. Jars a , Mayor and
Commissioner of Public Safety
6M!:f13~
" Robert B. Stewart, Commissioner
f Finance and Accounting
~ ,S;.,~.
'--~
Fred S. Schoneman, Commissioner
of Public Works and Utilities
Attest:
By
~J
City C k
By
By
.
.
CITY OF BREMERTON
BREMERTON POLICE OFFICERS ASSOCIATION
Pursuant to the Public Employeesl Collective Bargaining Act 41.56,
the parties having entered into negotiations as prescribed by the law
mutually agree to extend the forty~five day time limit to October 14,
1976, .for the purposes of carrying on further labor negotiations for
the contract year 1977.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement
this 13th day of September, 1976.
OFFICERS ASSOCIATION
CITY OF BREMERTON
BYW
Presiden t .
BY~~
o"\~ \,,-" "
"\t 'q~\i'-( ,~".
I"':';
e
CITY HALL
GLENN K JARSTAD
MAYOR AND COM MISSIONER
OF PUBLIC HEALTH AND SAFETY
FRED S, SCHONEMAN
COMMISSIONER
OF PUBLIC WORKS AND UTILITIES
ROBERT B. STEWART
COMMISSIONER
OF FINANCE AND ACCOUNTING
June 30, 1976
G. C. YEADON, SR.
CITY CLERK
AND PURCHASING AGENT
Board of Commissioners
City of Bremerton
239 Fourth Street
Bremerton, Washington 98310
Re: 1977 Wage Negotiations
Gentlemen:
The following matters will be presented by the Bremerton
Police Officers Association for negotiation and inclusion
in the Agreement by and between the City and the Association
effective January 1, 1977.
1. Increase in salaries of 15%;
2. Overtime for all ranks to and including captains;
3. Additional' step in patrol ranks (4%);
4. Recognition and Bargaining Unit (Association repre-
sentative of all officers);
5. 50% premium paid for family medical;
6. Duration of Agreement (January to January);
7. Uniform cleaning (two uniforms per week);
8. Parking provided for officers who drive; court
appearances; etc.;
9.50% pay for off-duty standby (unless called out)~
10. Longevity increased - 2% for 5+ yrs, 4% for 10+,
6% for 15+, 8% for 20+;
II. Clothing allowance of $225.00 for plainclothes;
12. Leather gear furnished;
13. HourB of work defined (8 hr day / 5 day week);
14. Employment practices (personnel reduction, layoff"
reinstatement in accordance with Charter);
15. Pensions (per WaShington State statutes);
16. Additional vacation days (20 yrs - 30 days);
17. Performance of duty (no strike; not asked to waive
any provision of Agreement);
18. Retention of benefits (non-cancellation of prevailing
benefits);
19. False arrest insurance;
20~ Subordination of Agreement (according to Federal and
State laws and Charter, except as modified);
21. Police Officers' Bill of Rights;
_.HOME OF THE PUGET SOUND NAVAL BASE AND SHIPYARD
JUL 7 1976
. rOl 1Mrn
,~
"
-.
e
e
To: Board of Commissioners
Page Two
June 30, 1976
22. Terminal leave (paid all accrued leave on
termination) .
23. Seminars, instruction, shoots, schools called
by Chief - compensatory time and a half given
with 2 hour minimum.
Yours very truly,
By
BREMERTON POLICE OFF
ASSOCIATIO
WCM:lmm
)"
,
f"'
..
.,
Ju17 2,1916
Richard N. Burt
Donworth, Taylor & Co.
1004 Norton Building
Seattle. Washington 98104
Dear Dick.
Enclosed is a GQPY of the proposed matter for inclusion in
the 1917 wagellegotiatfon., Tits has been presented b.y the
Bremerton'PolfceOff1eers Ass(;)ciation.
Nlayor Jarstad would like to: have a c~st estimate, presenfed
. by you. '
~ -: ~
,'Very truly,yours,'
~..'c. feaa()rit~r;.,cfty Clerk
. <. '
<~.
,.
If'
/'1'"
"
, ,
, ~
e
e
June 3, 1976
Bremerton City Council
239 l+th Street
Bremerton, WA 98310
Re: 1tJage Negotiations
Gentlemen:
This is to advise that the Bremerton Police Officers
Association is in the process of p~eparing to start
negotiations between the City and the Association.
Some of the matters to be considered are a cost of living
increase, wage catch up 'iVith cities of our size,
fringe benefits, working hours, and contract language.
I will be acting as chairman of the Wage Committee for
the Association. I would request that the negotiations
abide by the provisions set forth in RCW 41.56.440 and
41. 56 . h50 , La"l'lS of 1973.
YQurs very truly,
1iJCM : pa
1JUN '1 \~Tf6