HomeMy WebLinkAboutPOLICE MANAGEMENT ASSOC., 2006-2008
Collective Bargaining Agreement
City of Bremerton
and
Bremerton Police Management
Association
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January 1, 2006 through December 31, 2008
ARTICLE
TABLE OF CONTENTS
TO THE
LABOR AGREEMENT
BY AND BETWEEN
CITY OF BREMERTON
AND
BREMER TON POLICE MANAGEMENT ASSOCIATION
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JANUARY 1, 2006 - DECEMBER 31, 2008
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tITLE
PAGE
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PREAMBLE .............................................................................................................................................. 1
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ARTICLE 1 DISCRIMINATION AL+-EGA TIONS ............................................................... 1
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ARTICLE 2 RECOGNITION ... .........~....... .............. .................... ....... ... .... ..... .... .................... 1
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ARTICLE 3 ASSOCIATION ACCES;S .................................................................................. 1
ARTICLE 4 SALARIES ......... ..... ...... .t..................... ............... .......... ........... ...... ............. ........ 1
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ARTICLE 5 HOURS OF WORK.......~.................................................................................... 3
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ARTICLE 6 VACATION LEA VE.....~.................................................................................... 4
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ARTICLE 7 HOLIDAYS .. ...... ......... ..[..................... .......... ..... ... ......... ........ ............. ........ ....... 5
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ARTICLE 8 SICK LEAVE AND INDUSTRIAL DISABILITy........................................... 5
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ARTICLE 9 OTHER PAID LEAVE..t.................................................................................... 7
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ARTICLE 10 RETIREMENT BENEFIrrS...... ......... ..... ... ....... ..... ....... ..... ................ ......... ..... ... 8
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ARTICLE 11 INSURANCE BENEFITS .................................................................................. 8
ARTICLE 12 CLOTHING AND UNIFORM CLEANING ALLOWANCE ........................... 10
ARTICLE 13 PERSONNEL PRACTICES ...............................................................................10
ARTICLE 14 EDUCATION INCENTIVE ........ ...................... ......................... .................. ...... 11
ARTICLE 15 MANAGEMENT RIGHTS ................................................................................ 12
ARTICLE 16 GRIEVANCE PROCEDURE............................................................................. 12
ARTICLE 17 SMOKING POLICy.......................................................................................... 13
ARTICLE 18 POLICE OFFICER'S BILL OF RIGHTS ..........................................................14
ARTICLE 19 MANAGEMENT CERTIFICATIONS ..............................................................15
ARTICLE 20 LIFE INSURANCE/MEDICAL SAVINGS ACCOUNT ..................................16
ARTICLE 21 SEVERABILITY... ............... .......................... ..... ..................... ........... ......... ...... 16
ARTICLE 22 ENTIRE AGREEMENl! ................ .................... ..................... ............................ 16
ARTICLE 23 CONFLICTING PROVISIONS ......................................................................... 16
ARTICLE 24 TERM ........ ........ ................. ..... ......... ......... ........ ... ....... ..... ... .......... ..... .... ........ .... 16
APPENDIX A.............. ... ................ ............. ........ ......... ......... ................. ... ....... ..... ....... ..................... ..... ... 18
LABOR AGREEMENT BY AND BETWEEN
THE
CITY OF BREMERTON
AND
BREMERTON POLICE MANAGEMENT ASSOCIATION
JANUARY 1,2006 THROUGH DECEMBER 31, 2008
PREAMBLE
This Agreement is made and entered into pursuant to the provisions of RCW Chapter 41.56 by and
between the City of Bremerton, a municipal corporation of the State of Washington, hereinafter
known as the "City", and the Bremerton Police Management Association hereinafter known as the
"Association" for the purpose of setting forth the wages, hours and other terms and conditions of
employment which shall be in effect during the term of this agreement for employees included in
the bargaining unit described in Article 2 below.
ARTICLE 1............. DISCRIMINATION ALLEGATIONS
1.1 An employee who believes that he or she has been the subject of unlawful discrimination on
the basis of political affiliation, age, sex, marital status, race, creed, color, religion, national
origin or activity protected by RCW 41.56 shall seek relief throu~h the City's Equal
Employment Opportunity Complaint Procedure or the appropriate state or federal agency
charged with investigating such matters and shall not process such complaints through the
Grievance Procedure of this Agreement.
ARTICLE 2 ............. RECOGNITION
2.1 The City recognizes the Association as the sole and exclusive bargaining representative for
the purpose of negotiations concerning wages, hours and conditions of employment for all
employees in classifications set forth in Appendix A and such classifications as may be
added to the bargaining unit during the term of this Agreement.
ARTICLE 3 ............. ASSOCIATION ACCESS
3.1 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.
ARTICLE 4 ............ SALARIES
4.1 MONTHLY SALARY RATES -- Monthly salary rates shall be paid as set forth in
Appendix A which is attached hereto and made a part hereof. Appendix A will be changed
as necessary to reflect the following:
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Collective Bargaining Agreement - Bremerton Police Management Association
January I, 2006 through December 31,2008
Page 1 of 17
4.1.1 The salary rates for. Police Lieutenant and Police Captain will be set so as to
maintain the following differentials:
4.1.1.1 The Police Lieutenant base salary at step 1 will be not less than six point
seven percent 6.7% above the top step Police Sergeant base pay rate.
4.1.1.2 The Police Captain base salary at step 1 will be not less than 4.2% above
the top step Police Lieutenant base pay rate.
4.1.1.3
The percentage between each pay step is 2.25%.
4.1.2 Effective January 1, 2006, employees will receive a two and a half percent (2.5%
across-the-board cost of living adjustment (COLA).
4.1.3 Effective January 1, 2007 employees will receive a four point six two percent
(4.62%) across-the-board cost of living adjustment (COLA), plus a one-half percent
(.5%) adjustment, for a total of five point one-two percent (5.12%).
4.1.4 Effective January 1,2008, the wage increase shall be based upon 100% of the CPI-
W for Seattle/Tacoma/Bremerton as of June 30, 2007 with a minimum increase of
2% and a maximum increase of 5% , plus a one and a half percent (1.5%)
adjustment.
4.2 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 base salary rate and shall be paid as follows:
Len2th of Continuous Service
o through 5 years continuous employment
6 through 10 years continuous employment
Commencing 11 through 15 years continuous employment
Commencing 16 through 20 years continuous employment
Commencing 21 through 25 years continuous employment
Commencing 26 years and over continuous employment
Rate Per Hour
0%
1.25%
2%
3%
7.75%
9.00%
4.3 PAY RATE WHEN PROMOTED TO A HIGHER CLASSIFICATION WITHIN
THE BARGAINING UNIT -- An employee promoted to a higher classification within
the bargaining unit, will receive at least the entry step of the new pay band or a step at least
five percent (5%) higher, whichever is greater. However, no employee may be advanced
beyond the final step of the new pay band.
4.3.1 The employee's advancement to the next step of the new pay band will be
based on the effective date of their promotion to the higher classification.
Collective Bargaining Agreement - Bremerton Police Management Association
January 1, 2006 through December 31, 2008
Page 2 of l7
4.4 STEP ADVANCEMENT -- Advancement from Step to Step will occur upon the positive
recommendation of the Police Chief and after completion of twelve (12) continuous months
of service in each step, based upon satisfactory attainment of established performance
standards, and overall satisfactory performance. Step increases may be withheld for a
maximum of six (6) months. 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. The denial of a step increase is
subject to the grievance procedure.
4.5 TEMPORARYIPROVISIONAL ASSIGNMENT TO HIGHER LEVEL POSITION --
The Police Chief or, in the absence of the Chief, the Mayor may provide a written directive
to an employee to perform all or a part of the duties and accept all or a part of the
responsibilities of a higher level classification, The employee so directed shall have his/her
pay rate adjusted for the duration of the assignment as if he/she had been promoted to the
higher classification provided, however, that such adjustment shall be not less than 5%.
Other benefits provided such an employee through the provisions of this agreement shall
not be affected, and no benefits of the higher level classification shall apply to the employee
during the assignment. This provision shall not apply in situations when the Police Chief
designates an employee to serve in an "Acting" capacity less than 30 work days during the
absence of the Police Chief or a Captain (Division Commander) due to vacations, while
attending conferences, and other such usual and customary absences
4.6 DEFERRED COMPENSA TION -The City will match the payroll deduction of any
written request by an employee in an amount not to exceed four-percent (4%) of the
employee's base monthly salary.
4.7 CONVERSION TO LONGEVITY: Employees who have completed fifteen (15) or more
years with the City may elect, by notifying the City in writing on an annual basis, that they
wish to convert all or a portion of their deferred compensation to longevity. Such
conversion shall only be permitted in one-half percent (1/2%) increments. Once an
employee has elected to make the conversion from deferred compensation to longevity,
they will not be permitted to make any changes whatsoever to the percentage converted, for
a full 12 month period.
ARTICLE 5 ............. HOURS OF WORK
5.1 Employees shall work such hours as are assigned by the Police Chief which shall be at least
forty (40) hours per week, including paid holiday, vacation and sick leave time. In addition,
employees shall serve on emergency standby status during such periods as are assigned by
the Police Chief and are subject to emergency callback at any time. Employees covered by
this agreement are salaried and exempt from the overtime provisions of the Fair Labor
Standards Act.
Collective Bargaining Agreement - Bremerton Police Management Association
January I, 2006 through December 31 , 2008
Page 3 of 17
ARTICLE 6 ............. VACATION LEAVE
6.1 VACATION ACCRUAL -- Employees shall accrue vacation time with pay for all
regularly scheduled work time including paid leave time 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
11th year
12th year
13th year
14th year
15th year
16th year
17th year and thereafter
Hours AccruedfYear
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
6.2 V ACA TION ELIGIBILITY -- An employee becomes eligible to take accrued vacation
time upon completion of six (6) months of continuous employment with the City. Vacation
time must be fully accrued prior to the time an employee takes any vacation time off. .
6.3 VACATION SCHEDULING -- Annual vacation leave shall be authorized by the Police
Chief or the Chief's designee. Personnel shall schedule vacation leave by mutual agreement
of the employee and the Police Chief or the Chief's designee.
6.4 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
300 hours
Vacation leave may be accumulated up to a maximum of three hundred (300) hours as of
November 15th, of any calendar year. Employees with more than three hundred (300) hours
accrued as of November 15th will be paid for any accrual over three hundred (300) hours, up
to a maximum of 80 hours. Payment shall be made the 1 st pay day in December. Any
accrual in excess of the 80 hours maximum payout shall be forfeited, and the vacation leave
balance shall be reduced to 300 hours.
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Collective Bargaining Agreement - Bremerton Police Management Association
January I, 2006 through December 31, 2008
Page 4 of 17
6.5 VACATION PAY-OUT -- Upon the retirement or termination of an employee who has
served six (6) continuous full months of employment or more with the City or upon the date
of an employee's disability retirement, the accrued vacation hours of such an employee will
be paid to the employee in a cash lump sum payment.
ARTICLE 7 ............. HOLIDAYS
7.1 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.
7.2 FLOATING 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.
7.3 ALTERNATIVE DAYS OF HOLIDAY OBSERVATION -- If a holiday observed by
the City falls on a Saturday, the holiday will be observed on the preceding Friday. If a
holiday falls on a Sunday, the holiday will be observed on the following Monday. If the day
a holiday is observed by the City falls on an employee's regularly scheduled day off, the
employee shall receive an alternate day as a paid holiday.
7.4 HOLIDAY COMPENSATION -- An employee" shall receive eight (8) hours of time off
with pay for each holiday observed by the City and for a floating holiday of each
employee's choice.
ARTICLE 8 ............. SICK LEAVE AND INDUSTRIAL DISABILITY
8.1 SICK LEAVE ACCRUAL -- Employees shall accrue sick leave time with pay at the rate
of .046154 hours for all normal hours of work including paid leave.
8.2 MAXIMUM SICK LEAVE ACCRUAL -- Employees shall be able to accrue sick leave
to a maximum of one thousand two hundred (1,200) hours as of November 1st of each year.
8.3 SICK LEAVE WORK PERFORMANCE BONUS - Employees who accrue over the
1200 hour maximum may cash out 50% of the hours over the 1200 hours and receive this
bonus on the November 22nd pay day, and their sick leave balance will be reduced to 1200
hours.
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Collective Bargaining Agreement - Bremerton Police Management Association
January 1, 2006 through December 31, 2008
Page 5 of 17
8.4 SICK LEAVE RETIREMENT OR DEATH PAYMENT -- An employee who retires
from City service on a service retirement shall be provided a Sick Leave Retirement
Payment of 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 at the employee's regular hourly wage rate in effect at the time of
retirement or in the event of death, to their designated beneficiary.
8.5 SICK LEAVE USE n Sick leave must be accrued 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 hours due to:
8.5.1 The temporary disability of an employee resulting from his or her personal illness or
Injury.
8.5.2 Providing care for: a) a child of the employee under the age of 18 when they have a
health condition that requires supervision or treatment; or b) a spouse, parent, parent-
in-law or grandparent of the employee who has a serious health condition or an
emergency condition.
8.5.3 Attending medical, dental and/or oculist appointments as needed for preventive or
rehabilitative health care of the employee or the employee's children when such care
requires parental presence to supervise or authorize treatment.
8.5.4 Upon the birth or adoption of a child, a father may use up to three (3) days of
accrued sick leave or claim FMLA leave pursuant to Federal Law as may be
amended from time to time.
8.5.5 Providing care for an employee's immediate family member as provided for in Section
8.5.2 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.
8.6 NOTIFICATION OF SICK LEAVE USE -An employee who is absent or expects to be
absent from work due to causes specified in 8.5 above, shall provide notification as follows:
8.6.1 ROUTINE APPOINTMENTS -- An employee who schedules a routine medical,
dental or oculist appointment shall make every reasonable effort to schedule such an
appointment at a time which will cause the least interference with the employee's
work hours and duties. 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, in
the judgment of the supervisor, 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.
Collective Bargaining Agreement - Bremerton Police Management Association
January 1, 2006 through December 31, 2008
Page 6 of 17
8.6.2 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 Section 8.5 above, shall promptly notify the department by
telephone or otherwise by 0800 of the day of his or her scheduled work day.
8.6.3 SICK LEAVE DURING AUTHORIZED PAID LEAVE -An employee who
becomes ill or is injured during the employee's paid vacation may request the
conversion of such paid leave to sick leave with pay by promptly notifying the
department of the illness or injury and providing such information as is required by
the department to verify the appropriateness of such a conversion.
8.7 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 demonstrate
that he or she has sought treatment, taken appropriate precautions or otherwise effected
measures to correct the condition causing the employee's absence. Such demonstrations
may take the form of personal statements of the employee, medical examinations or
certifications of appropriate professionals, or other methods appropriate to the
circumstances. 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 without posing a health hazard to himself or herself or to other members of the
workforce. 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.
8.8 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 9 ............. OTHER PAID LEAVE
9.1 BEREA VEMENT LEAVE - An employee will be granted up to five (5) days of
bereavement leave for attending funerals in the State of Washington and up to seven (7)
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, grandparents and grandchildren 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.
9.2 JURY DUTY, WITNESS LEAVE - An employee shall be granted leave of absence with
pay for the purpose of reporting to Jury Duty or if subpoenaed as a witness. Any juror or
Collective Bargaining Agreement - Bremerton Police Management Association
January 1,2006 through December 31, 2008
Page 7 of 17
witness fees received by the employee for the performance of such duties shall be assigned
to the City.
9.3 MILITARY LEAVE - An employee who presents official orders requmng hislher
attendance for a period of training or other active duty as a member of the United States
Armed Forces or the State National Guard shall be entitled to military leave with no loss of
pay for a period not to exceed fifteen (15) work days annually. Authorized leave of absence
for additional or longer periods of time for assignment to duty functions shall be without
pay and shall be granted by the City. An employee on military leave without pay shall not
accrue any leave benefits. An employee receiving up to fifteen (15) work days of training
or serving on active duty shall receive their regular pay and the amount received from the
Federal or State government. (Pursuant to RCW 38.40.060 as may be amended from time to
time ).
ARTICLE 10 ............ RETIREMENT BENEFITS
10.1 Each employee shall be enrolled in the Washington State Retirement system for which he or
she qualifies. Only for the purposes of federal income taxation, the gross income of each
employee shall be reduced by the amount of ~mployee contributions to the respective
retirement system, which is picked up by the City.
ARTICLE 11............ INSURANCE BENEFITS
11.1 MEDICAL INSURANCE -- The City shall make medical insurance coverage available to
employees and their dependents as follows:
. Kitsap Physician's Service Plan A for Employees and Plan "A" for Dependents
. Group Health Cooperative for Employees and Dependents or another plan of equivalent
coverage approved by the Insurance Benefit Committee.
11.2 INSURANCE PREMIUM PAYMENTS -- Payment of insurance premiums shall be made
as follows:
. Employee premium paid in full by the City. Employee contributions toward
dependent coverage shall be seven dollars ($7) per month per dependent to a
maximum of twenty-one dollars ($21) per month for full family coverage for
enrollees in the Kitsap Physician's Plan; and, ten dollars ($10) per month per
dependent to a maximum of thirty dollars ($30) per month for full family coverage
for enrollees in the Group Health Cooperative Plan.
. Effective January 1, 2007, employees shall pay twenty dollars ($20) per dependent
for either KPS or Group Health up to a maximum of sixty ($60) per month for full
family coverage.
. Effective January 1, 2008 employees shall pay ten percent (10%) of the dependent
premium for either of the two plans.
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Collective Bargaining Agreement - Bremerton Police Management Association
January 1, 2006 through December 31, 2008
Page 8 of 17
11.3 DENTAL INSURANCE -- The City shall provide the same benefit levels as are contained
in the Washington Dental Service Plan F dental insurance coverage for employees and their
dependents and provide for full payment of insurance premiums. Any other plan must be
approved by the Insurance Benefit Committee.
11.4 DISABILITY -- Employees who are covered by the Washington State Retirement System
commonly known as LEOFF II, shall enroll to receive Long Term Disability Insurance
coverage through the provisions of policies held by the City with Standard Insurance
Company. The City shall pay a maximum of $20.00 per month per eligible and enrolled
employee toward premium. costs as of the first (1 st) of the month following ratification of
the Agreement. 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.
11.5 INSURANCE RESERVES, REBATES AND SURPLUSES -- The City shall require the
KPS medical plan provider to provide a structured accounting to the City at least annually.
Such accounting shall include plan utilizations, all reserve accounts maintained for the plan,
interest earned on reserves, administration costs and coinsurance (pooling) costs. This
accounting shall be made available to the Association upon request. The City agrees that
premium rebates, reserve account rebates or any other monetary returns to the employer
from the insurance providers together with subsequent interest earnings thereon shall be
used exclusively to defray the costs of premium increases in the plan, and increase benefit
levels, or other health related purposes determined appropriate by the Insurance Benefits
Committee. Premium increases shall be any increase over the 1994 levels.
11.6 INSURANCE COMMITTEE -- The Insurance Benefits Committee shall be comprised off
the following members: Mayor or designee, Human Resources Manager or designee,
Financial Services Director or designee, one employee selected by the non- represented
management and professional employees, and one individual selected by each of the
recognized unions. The committee shall elect a chair and any other officers it deems
appropriate.
NOTE: Due to continuing significant premium increases for Health Insurance coverage, the
City will be working with the Group Insurance Selection Committee to address cost
containment measures for coverages and employee contributions.
11.7 KPS COST CONTAINMENT MEASURES: The following cost containment measures
under KPS are as follows:
11.7.1 $10 OFFICE VISIT CO-PAYMENT - Employees and dependents enrolled
under KPS will pay a $10 co-payment per office visit. Co-payments shall not apply
towards satisfaction of the calendar year deductible.
Collecti ve Bargaining Agreement - Bremerton Police Management Association
January 1,2006 through December 31,2008
Page 9 of 17
11.7.2 $50 ANNUAL PHARMACY CO-PAYMENT - Employees and
dependents enrolled under KPS will pay an additional annual co-pay of $50.00 for
covered prescriptions.
11.7.3 Any required co-payments shall be the sole responsibility of the employee.
ARTICLE 12 ............ CLOTHING AND UNIFORM CLEANING ALLOWANCE
12.1 PURCHASE OF UNIFORMS -- 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.
12.2 CLOTHING ALLOWANCE -An annual allowance of five hundred dollars ($500.00)
will be provided to non-uniformed, sworn personnel. Such allowance shall be paid during
the month of January. The employer shall withhold the necessary federal income tax from
the cleaning allowance as required by the Federal tax code as now written or hereinafter
amended.
12.3 UNIFORM CLEANING ALLOWANCE -- There shall be an annual uniform cleaning
allowance of three hundred twenty-five dollars ($325.00) per year for employees. This
applies to all personnel covered by this agreement. Such allowance shall be payable in
January. 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. The employer shall withhold the necessary federal income tax from the cleaning
allowance as required by the Federal tax code as now written or hereinafter amended. .
12.4 CLEANING CONTRACT -- In the event the Employer secures a cleaning contract with
an independent cleaning company during the term of this Agreement, 12.3 will become null
and void.
12.5 ALTERNATE CLOTHING AND UNIFORM CLEANING ALLOWANCE
REIMBURSEMENT METHOD -- At the employee's option, in lieu of the provisions of
Section 12.2 and 12.3, he/she may submit appropriate receipts for reimbursement of either
or both of these allowances up to the maximum as specified in 12.2 and 12.3 above.. An
employee must inform the Treasurer's Office no later than January 1 of each year that
he/she wishes to utilize this alternative.
ARTICLE 13 ............ PERSONNEL PRACTICES
13.1 DEFINITIONS - For the purpose of interpreting the provisions of this agreement, the
following definitions shall apply:
Collective Bargaining Agreement - Bremerton Police Management Association
January 1,2006 through December 3\, 2008
Page 10 of 17
13.1.1
13.1.2
13.1.3
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.
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 Chief of Police consistent with
applicable Civil Service Rules and Regulations, and without recourse to the
grievance procedure.
LEOFF II Employee: An employee who qualifies for and is a member of
the Washington State Retirement System commonly known as "LEOFF 11".
13.2 PROMOTIONS AND V ACANCIES- All personnel reductions, filling of vacancies and
promotions shall be handled in accord with existing Civil Service Rules and Regulations
and shall not be subject to the grievance procedure.
13.3 INDEMNIFICATION OF EMPLOYEES -- The City shall provide legal defense and will
pay all legitimate claims, settlements, judgments, and associated costs for employees and
their marital communities named as parties or defendants in claims or lawsuits as a result of
acts or omissions made in the good faith performance of the City's business.
ARTICLE 14..........EDUCATIONAL INCENTIVE
Effective January 1, 2007 employees shall be eligible to receIve Educational Incentive pay
according to the following:
14.1 Associate's degree or equivalent (90 quarter or 60 semester hours) Two percent (2%)
Bachdor's/Masters Degree Four percent (4%)
14.2 Degrees and credit hours earned shall be documented through official transcripts from
accredited colleges or universities. It shall be understood that for the 90 quarter or 60
semester hours to be accepted, they must be courses required in the pursuit of an Associates
or Bachelors degree from an accredited college or university.
14.3 Educational Incentive pay shall not be cumulative and it shall be the responsibility of the
employee requesting educational incentive pay to provide the City with certified transcripts
of his/her hours earned and/or degree(s) awarded. Educational Incentive shall be paid to the
employee beginning the next pay period following receipt of the documentation, and shall
not be retroactive.
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Collective Bargaining Agreement - Bremerton Police Management Association
January I, 2006 through December 3 I, 2008
Page I 1 of I7
ARTICLE 15 ............ MANAGEMENT RIGHTS
15.1 Any and all rights concerned with the management and operation of the Police Department
are exclusively that of the City unless otherwise provided by the terms of this Agreement.
The City has the right, among other actions, to adopt rules' for the operation of the
Department and conduct of the employees, to discipline, suspend or discharge employees
for 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 16 ............ GRIEVANCE PROCEDURE
16.1 DEFINITIONS
16.1.1 GRIEVANCE -- A grievance is an allegation of a violation of the terms and
conditions of this agreement which is to be resolved through this Grievance
Procedure.
16.1.2 CIVIL SERVICE APPEAL -- An appeal is an allegation of a violation of the Civil
Service Rules which is to be resolved through the Civil Service Appeals procedure
and is not resolvable through this Grievance Procedure.
16.1.3 UNFAIR LABOR PRACTICE -An Unfair Labor Practice charge is an allegation
of a violation of the Washington State statutes governing public employment labor
relations which is to be resolved through the Public Employment Relations
Commission's rules and regulations and is not resolvable through this Grievance
Procedure.
16.2 STEP 1 -- An employee who believes that the terms and conditions of this agreement have
been violated shall first discuss the action giving rise to the belief with the Police Chief
within fourteen (14) calendar days of the date the action took place or within fourteen (14)
days of the date upon which the employee could reasonably have been expected to know of
such action. The employee shall have the right to be assisted by an authorized Association
representative during this discussion.
16.3 STEP 2 -- In the event that the Police Chief 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 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 Police Chief
------------------------------------------------------------------------------------------------------
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Collective Bargaining Agreement - Bremerton Police Management Association
January I, 2006 through December 31,2008
Page 12 of 17
within fourteen (14) calendar days of the date the employee met with the Police Chief. The
Police Chief will reduce his or her decision on the grievance 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.
16.4 STEP 3 -- In the event that the Police Chief does not resolve the grievance to the
satisfaction of the employee at Step 2 of this procedure, the Association shall, on behalf of
the employee, transmit a copy of the original grievance along with a copy of the Police
Chief's written response to the Director of Human Resources and the Mayor within
fourteen (14) calendar days of receipt of the Police Chief's written response. The Director
of Human Resources and the Mayor shall consider the grievance and may convene a
meeting with the Association representative in an attempt to resolve the grievance. The
Director of Human Resources shall reduce his or her decision to writing within fourteen
(14) calendar days of receipt of the grievance and transmit the decision to the Association.
16.5 STEP 4 -- In the event that the Director of Human Resources and the Mayor do not resolve
the grievance at Step 3 of this procedure, the Association may request arbitration of the
issue by written notifiCation to the Director of Human Resources. The Director of Human
Resources and the Association shall meet within fourteen (14) calendar days of the date
upon which the Director of Human Resources rendered his or her written decision on the
grievance and shall select a neutral arbitrator by mutual agreement or through a mutually
agreeable process.
16.6 POWERS AND DUTIES OF THE ARBITRATOR -- It shall be the duty of the arbitrator
to conduct a hearing on the issue or issues submitted by the parties for decision. The
hearing shall be kept informal and private. The arbitrator shall interpret the provisions of
this agreement as they apply to the issue or issues submitted for decision and shall not add
to, subtract from nor in any way otherwise alter 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.
16.7 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 and attorney fees.
The party desiring a record of the proceedings shall bear the cost of obtaining such record.
16.8 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 17 .......... SMOKING POLICY
17.1 The provisions of Human Resources Policy 3-50-05, Smoking Policy, will apply to
employees represented by Bremerton Police Management Association, with the following
exceptions:
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Collective Bargaining Agreement - Bremerton Police Management Association
January 1, 2006 through December 31, 2008
Page 13 of 17
17.1.1 Employees may smoke in a City vehicle when they are not transporting any other
person(s).
17.1.2 Employees may smoke outside but must be at least twenty-five feet (25') from the
entrance to the Westside Patrol Office pursuant to State law.
Article 18 .......... POLICE OFFICERS' BILL OF RIGHTS
The wide ranging powers and duties given to the Police Department and its members involve them
in all manner of contacts and relationships with the public. Of these contacts come many questions
concerning the' actions of members of the force. These questions often require immediate
investigation by superior officers designated by the Chief of the Bremerton Police Department. In
an effort to insure that these investigations are conducted in a manner which is conducive to good
order and discipline, the following guidelines are promulgated:
18.1 Internal Investigation Defined - For the purposes of this Appendix, the term "internal
investigation" means an investigation by or under the authority of the Chief of Police of
activities, circumstances or events pertaining to the conduct or acts of a City law
enforcement employee. Such investigation shall be deemed a "criminal investigation" where
it is suspected that such conduct or acts are or may be the basis for filing a criminal charge
against such employee, and shall be deemed a "major investigation" where it is suspected
that such conduct or acts may also or alternatively be the basis for discharge, suspension or
other discipline of such employee.
18.2 Employee Advised of Alleged Misconduct - Every employee who becomes the subject of
an internal investigation shall be advised at the time of any interview in connection
therewith that, as the case may be, (s)he is suspected of:
18.2.1 Committing a criminal offense.
18.2.2 Misconduct which would be grounds for termination, suspension, or other
disciplinary action; or that (s)he may be qualified for continued employment
with the Police Department. At the time of the interview such employee shall
also be informed of the name of the officer in charge of the investigation and
the name of the officer who will be conducting the interview.
18.3 Representation by Counsel- Any employee who becomes the subject of a criminal
investigation may have legal counsel present during all interviews of such
employee. Such representation by counsel shall be confined to counseling and shall
not be authority for any participation by counsel in the investigation.
18.4 Employee to be Informed in Writing-Recorded Interviews - In the case of any
major investigation and before any interview commences, the employee to be
interviewed shall be informed in writing of the nature of the investigation including
information necessary to reasonably appraise himlher of the allegations of any
Collective Bargaining Agreement - Bremerton Police Management Association
January 1,2006 through December 31, 2008
Page 14 of 17
complaint and (s)he shall be afforded an opportunity and facilities to contact and
consult privately with an attorney of his/her own choosing before being interviewed.
Such employee may request that the interview be recorded, either mechanically or
by a stenographer, and no questions shall be asked "off the record". Upon request,
the employee under investigation shall be provided an exact copy of any written
statement (s)he has signed and a verbatim transcript of any interview of such
employee.
18.5 Interviewing Procedures - Interviews shall be held at a reasonable hour and preferably
when the employee to be interviewed is on duty unless the exigencies of the interview
indicate otherwise. Whenever possible, interviews shall be scheduled during the normal
work day of the City. Interviewing shall be completed within a reasonable time and shall be
accomplished under circumstances devoid of intimation or coercion. The employee being
interviewed shall be entitled to such intermissions as (s)he shall request for personal
necessities, meals, telephone calls, and rest periods. All interviewing shall be limited to the
conduct or acts of the employee under investigation which form or may form the basis for
disciplinary action, termination of employment or the filing of a criminal charge.
18.6 Intimidation of Employee Prohibited - No employee under investigation shall, as a guise
for obtaining such employee's resignation, be falsely threatened with dismissal or other
disciplinary action should (s)he refuse to resign, nor shall (s)he be subjected to abusive
language or in any other manner intimated or offered promises or reward as an inducement
to answer questions.
ARTICLE 19.......... MANAGEMENT CERTIFICATIONS
19.1 An employee who currently holds or obtains management certifications through
the Washington State Criminal Justice Training Commission will receive additional
compensation for each certification as listed below:
Middle Management Certification
One point seven-five percent (1.75%)
Executive Certification
Two and one/half percent (2.5%)
Maximum additional compensation is capped at 4.25%
Please note that the State is no longer issuing Executive Certifications. Therefore only
those who currently hold an Executive Certification are eligible for the additional
compensation. In the event the State, at some point in the future, reinstates the Executive
Certification, then the certification compensation will again apply for those receiving
Executive Certification.
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Collective Bargaining Agreement - Bremerton Police Management Association
January 1,2006 through December 31, 2008
Page 15 of 17
ARTICLE 20 ............LIFE INSURANCE/MEDICAL SAVINGS ACCOUNT
20.1 LIFE INSURANCE - Effective July 1,2006, City shall provide life insurance coverage in
an amount equal to fifty thousand ($50,000) with a mutually agreed upon carrier.
20.2 RETIREMENT MEDICAL SAVINGS ACCOUNTS: Effective January 1, 2008, the
City shall contribute thirty dollars ($30.00) per month on behalf of each employee to a Medical
Savirigs Account mutually agreed upon between the City and the BPMA.
ARTICLE 21 ............ SEVERABILITY
21.1 In the event that any provision of this Agreement is held invalid by operation of law or by
any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article
should be restrained by such tribunal pending a final determination as to its validity, 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 22 ............ ENTIRE AGREEMENT
22.1 The Association and the City acknowledge that each has had the unlimited right and
opportunity to make proposals with respect to any matter deemed a proper subject for
collective bargaining. The results of the exercise of that right are set forth in this
Agreement. Therefore, the City and the Association each voluntarily and unqualifiedly
agree to waive the right to oblige the other party to bargain with respect to any subject or
matter not specifically covered by the Articles of this Agreement during the term of this
Agreement, except as mutually agreed upon.
ARTICLE 23 ............ CONFLICTING PROVISIONS
23.1 In the event that any provision of this Agreement is found to be in conflict with any other
Resolution, Ordinance, Policy, Regulation or Rule of the City, the provision of this
agreement shall prevail.
ARTICLE 24 ............ TERM
This Agreement shall become effective January 1, 2006 contingent upon ratification by both
parties, shall remain in effect through December 31, 2008, and may be extended thereafter by
mutual agreement. The City or the Association may request reopening of this Agreement any time
within six (6) months prior to the expiration date for the purpose of negotiating changes to be
effective upon ratification of the agreement by both the City and the Association.
Collective Bargaining Agreement - Bremerton Police Management Association
January I, 2006 through December 31,2008
Page 16 of 17
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.
APPROVED by the Bremerton City Council on the 16th day of August 2006.
~
Signed this { 1 day of August 2006.
CITY OF BREMERTON:
BREMERTON POLICE MANAGEMENT
ASSOCIATION:
APPROVED AS TO FORM:
Collective Bargaining Agreement - Bremerton Police Management Association
January 1,2006 through December 31, 2008
Page 17 of17
General Increase
POLICE MANAGEMENT LEOFF II January 1st 2006
2.50% 2.25% Steps
LIEUTENANTS
STEP 1 STEP 2 STEP 3
BASE
ANNUAL
MONTHLY
SEMI-MONTHLY
HOURLY
MAX. DEF. COMPo 4%
78,265.92
6,522.16
3,261.08
37.48
130.44
80,026.80
6,668.90
3,334.45
38.33
133.38
81,827.52
6,818.96
3,409.48
39.19
136.38
1.25% COMMENCING 6 THROUGH 10 YEARS CONTINUOUS EMPLOYMENT
ANNUAL 79,244.16 81,027.12 82,850.40
MONTHLY 6,603.68 6,752.26 6,904.20
SEMI-MONTHLY 3,301.84 3,376.13 3,452.10
HOURLY 37.95 38.81 39.68
2% COMMENCING 11 THROUGH 15 YEARS CONTINUOUS EMPLOYMENT
ANNUAL 79,831.20 81,627.36 83,464.08
MONTHLY 6,652.60 6,802.28 6,955.34
SEMI-MONTHLY 3,326.30 3,401.14 3,477.67
HOURLY 38.23 39.09 39.97
3% COMMENCING 16 THROUGH 20 YEARS CONTINUOUS EMPLOYMENT
ANNl)AL
MONTHLY
SEMI-MONTHLY
HOURLY
80,613.84
6,717.82
3,358.91
38.61
82,427.52
6,868.96
3,434.48
39.48
84,282.24
7,023.52
3,511.76
40.37
7.75 COMMENCING 21 THROUGH 25 YEARS CONTINUOUS EMPLOYMENT
ANNUAL 84,331.44 86,228.88 88,169.04
MONTHLY 7,027.62 7,185.74 7,347.42
SEMI-MONTHLY 3,513.81 3,592.87 3,673.71
HOURLY 40.39 41.30 42.23
9% COMMENCING 26 YEARS AND OVER CONTINUOUS EMPLOYMENT
ANNUAL 85;309.92 87,229.20
MONTHLY 7,109.16 7,269.10
SEMI-MONTHLY 3,554.58 3,634.55
HOURLY 40.86 41.78
89,191.92
7,432.66
3,716.33
42.72
APPENDIX A
STEP 4 STEP 5
83,668.56
6,972.38
3,486.19 3,564.63
40.07 __
139.45 142.59
84,714.48
7,059.54
3,529.77
40.57
3,609.19
~';',.<",,'ili'{-' .~"~. ,
<.;;,.: ...,,,,'1\ ,
.' I"'''' ~ . :l!.:.E:__ '
~.,~~,.." ' {" ^ . ',*,
1; i,.';/:r~1ll.~~~Ilm'
:~,;",,:"~; =, .;:li\',.....,., 'd;A!,
, c, ~ ."", '."h~!Ii,!!!1~<;!,
85,341.84
7,111.82
3,555.91 3,635.92
40.87 _.
86,178.72
7,181.56
3,590.78
41,27
90,152.88
7,512.74
3,756.37
43.18
91,198.80
7,599.90
3,799.95.
43.68
"'.'''' ,"!ijj;,n.'.:€"~~iii~j>,,,-
". L., tilil:!ljc,nl<ill,f.r'
;~;':~:":~~1 r' , ,~~ ~;ltDIt~
" '..:-:;", :",.: W~1j:",,~,
3,671.57
~l~'~'/~::' yyt'...., ~I'''' :t~
,~: Tf'-..r_~:1;J<'$~fJl,:l IJ.-
4~', ~ .. I , W"'~ .~:
~,~"j:,:~:::~~L~~
,. "., ,~, 8;!r;t;'lO'fil?r:r.
y~~..., '';':! - -~~M~
3,840.89
:;~;:::~d,~"--~;1' j ,_l. ~~'ili~.- " .
"'"s"",.,,,.,,' ~~1il
3,885.45
,.':; .~'..;-~:::, C. .:0 t"~ "':;:I'Ui.:"
0.<=. '~.. .,.,.-,,~~~~
J.~~~*~'~l. 5r;~l
1.25% COMMENCING 6 THROUGH 10 YEARS CONTINUOUS EMPLOYMENT
ANNUAL 90,258.48 92,289.12 94,365.60
MONTHLY 7,521.54 7,690.76 7,863.80
SEMI-MONTHLY 3,760.77 3,845.38 3,931.90
HOURLY 43.23 44.20 45.19
2% COMMENCING 11 THROUGH 15 YEARS CONTINUOUS EMPLOYMENT
ANNUAL 90,927.12 92,972.88 95,064.72
MONTHLY 7,577.26 7,747.74 7,922.06
SEMI-MONTHLY 3,788.63 3,873.87 3,961.03
HOURLY 43.55 44.53 45.53
3% COMMENCING 16 THROUGH 20 YEARS CONTINUOUS EMPLOYMENT
ANNUAL 91,818.48 93,884.40 95,996.64
MONTHLY 7,651.54 7,823.70 7,999.72
SEMI-MONTHLY 3,825.77 3,911.85 3,999.86
HOURLY 43.97 44.96 45.98
7.75 COMMENCING 21 THROUGH 25 YEARS CONTINUOUS EMPLOYMENT
ANNUAL 96,052.80 98,214.00 100,423.68
MONTHLY 8,004.40 8,184.50 8,368.64
SEMI,MONTHL Y 4,002.20 4,092.25 4,184.32
HOURLY 46.00 47.04 48.10
9% COMMENCING 26 YEARS AND OVER CONTINUOUS EMPLOYMENT
ANNUAL 97,167.12 99,353.28
MONTHLY 8,097.26 8,279.44
SEMI-MONTHLY 4,048.63 4,139.72
HOURLY 46.54 47.58
101,588.64
8,465.72
4,232.86
48.65
96,488.88
8,040.74
4,020.37
46.21
4,110.83
" '4m'"'1f1.::'lt~..-",,~~uf.i,-';
",!!t:J J':.~':>jn?i'l. ~t:~~f:
97,203.60
8,100.30
4,050.15 4,141.28
46.55 _
98,156.64
8,179.72
4,089.86 .
47.01
4,181.88
I" " .., -'''I'~ ,'. +.~'
~ ~r.:r,~',:;._"\-:{;~JU~;f\;;l-~:;
102,683.28
8,556.94
4,278.47 4,374.74
49.18 IIIIIIIIII
103,874.64
8,656.22
4,328.11
49.75
4,425.49
~'~~t:~~;~~~~jJ ~~:~j
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL #
$ Ob- 177
DATE SUBMITIED: 8/2/06
..............m..............m........m..............................................8.....1
SUBJECT: Collective Bargaining
Agreement between the City and Bremerton
Police Management Association
Executive Session Date: 8/9/06
COUNCIL MEETING Date: 8/15/06
Department: Financial Services
Presenter: Carol Conley, HR
Manager/Craig Rogers,
Chief of Police
Phone: 473-5347
SUMMARY: Pursuant to RCW 41.56, negotiations have concluded between representatives of the
City and the Bremerton Police Management Association (BPMA) resulting in the attached Collective
Bargaining Agreement (CBA). These negotiations have been discussed with Council in Executive
Session. This CBA replaces the current one that expired on December 31,2005. The new CBA is for
a three (3) year term, beginning January 1, 2006 through December 31, 2008. It was ratified by the
BPMA membership on July 31, 2006. Council approval is required to implement this agreement.
ATTACHMENTS: Proposed Collective Bargaining Agreement between the City and Bremerton
Police Management Association
. APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL IMPACTS (Include Budgeted Amount): Fiscal impact of implementing this contact is
estimated as follows: 2006: $18,449; 2007: $36,169; 2008: $45,364. There are sufficient funds in
the 2006 budget to cover the cost of the proposed contract in the labor set aside and police labor
oo~et. .
~I?
(:.1 w
----'.
"";'JI
RECOMMENDED MOTION: Motion to approve the Collective Bargaining Agreement by and
between the City and Bremerton Police Management Association, January 1, 2006 through December
31, 2008, and make the necessary amendments to the budget.
COUNCIL ACTION: . ~prove 0 Deny 0 Table
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
I CONSENT AGENDA ~
o Continue__ 0 No Action