HomeMy WebLinkAboutPOLICE MANAGEMENT ASSOC., 2000-2001
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COLLECTIVE BARGAINING
AGREEMENT
Between
CITY OF BREMERTON
and,
BREMERTON POLICE MANAGEMENT
ASSOCIATION
January 1,2000 - December 31,2001
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TABLE OF CONTENTS
TO THE
LABOR AGREEMENT
BY AND BETWEEN
CITY OF BREMERTON
AND
BREl\1ERTON POLICE MANAGEMENT ASSOCIATION
JANUARY 1, 2000 - DECEMBER 31, 2001
ARTICLE
TITLE
PAGE
PREAMBLE.....................................................................................,......................................................... 1
ARTICLE 1 DISCRIMINATION ALLEGATIONS~.............................................................. 1
ARTICLE 2 RECOGNITION............................... .................................................................. 1
ARTICLE 3 ASSOCIATION ACCESS ..................... ..... ............. .............. ..... ........................ 1
ARTICLE 4 SALARIES........... ....... ............ ............. ..... ................ .......................... ................ 1
ARTICLE 5 HOURS OF WORK.......................................................,.................................... 3
ARTICLE 6 VACATION LEAVE ........... .....,........................ ........................ ......................... 4
ARTICLE 7 HOLIDAYS ....................................................,................................................... 5
ARTICLE 8 SICK LEAVE AND INDUSTRIAL DISABILITY............................................ 5
ARTICLE 9 OTHER PAID LEAVE ....................................................................................... 8
ARTICLE 10 RETIREMENT BENEFITS ................................. .................. ..................... ........ 8
ARTICLE 11 INSURANCE BENEFITS .................................................................................. 8
ARTICLE 12 CLOTHING AND UNIFORM CLEANING ALLOWANCE............................ 9
ARTICLE 13 PERSONNEL PRACTICES ...............................................................................10
ARTICLE 14 TUITION REIMBURSEMENT PROGRAM..................................................... 11
ARTICLE 15 MANAGEMENT RIGHTS ......................................,.........................................12
ARTICLE 16 GRIEVANCE PROCEDURE .............................................................................12
ARTICLE 17 SEVERABILITy............ ......... ......... .............. .................................................... 14
ARTICLE 18 ENTIRE AGREEMENT............. ............. ..... ........... ........................ ................... 14
ARTICLE 19 CONFLICTING PROVISIONS.. .................... ...... .......:...,.. .......... ........... ........... 14
ARTICLE 20 TERM.... .......... ..................... ..... ........... ......... ... ..... ... ... ........... ..... ........................ 14
ARTICLE 21 SMOKING POLICy.......... ....... ......... ......... ........ ..... ... ... ... ........ ....... ... ................ 14
ARTICLE 22 POLICE OFFICERS' BILL OF RIGHTS (Formerly Appendix "BOO) ................15
ARTICLE 23 MANAGEMENT CERTIFICATIONS (New Article) .......................................16
APPENDIX A ........... .................................................... ......... ........... ........ ............................... .................. 18
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LABOR AGREEMENT BY AND BETWEEN
THE
CITY OF BREMERTON
AND
BREMERTON POLICE MANAGEMENT ASSOCIATION.
JANUARY 1,2000 THROUGH DECEMBER 31, 2001
PREAMBLE
This Agreement is made and entered into pursuant to the provisions ofRCW Chapter 41.56 by and
between the City of Bremerton, a municipal corporation of the State of Washirtgton, 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 I ............. DISCRIMINATION ALLEGATIONS
1.1 An employee who believes that he or she has been the subject of unlawful discrimination on
the basis of political affiliation, age, sex, marital status, race, creed, color, religion, national
origin or activity protected by RCW 41.56 shall seek relief through the 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 classificatiop.s 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 1,2000 through December 31, 2001
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4.1.1 The salary. rates for Police Lieutenant and Police Captain will be set so as to
maintain the following differentials.
4.1.2 The Police Lieutenant top base salary step will be not less than15% above the top
step Police Sergeant base wage rate.
4.1.3 The Police Captain top base salary step will be not less than 13% above the top step
Police Lieutenant base salary rate.
4.1.4 Effective January 1,2000, employees will receive a three percent (3%) across-the-
board cost ofliving adjustment (COLA).
4.1.5 Effective July 1, 2000, ,employees will receive a one-half percent (.5%) across-the
board COLA.
4.1.6 Effective January 1,2001, the rates of pay as set forth in the July 1,2000 wage table
of Appendix "A" shall be increased by a general wage increase of ninety percent
(90%) of that percentage increase set forth in the Urban Wage Earners and Clerical
Workers Index (CPI-W) for the Seattle-Tacoma area for that period from June 30,
1999 to 'June 30, 2000 as is supplied by the Bureau of Labor Statistics, US
Department of Labor. The COLA percentage shall not be less than two percent
(2%), nor shall it exceed four percent (4%).
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:
Effective January 1,2000:
Length of Continuous Service
o 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
Effective January 1,2001:
Length of Continuous Service
o 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
Collective Bargaining Agreement - Bremerton Police Management Association
January 1,2000 through December 31,2001
Rate Per Hour
0%
2%
3%
7.25%
,8.25%
Rate Per Hour
0%
2%
3%
7.75%
9.00%
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4.3 SALARY RATE WHEN PROMOTED TO A HIGHER CLASSIFICATION -- An
employee promoted to a higher classification will receive at least the entry step of the new
salary rate 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 salary rate.
4.3.1 The employee's advance to the next step of the new salary rate will be based on the
effective date of the new salary rate.
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 overCj.ll 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 TEMPORARY/PROVISIONAL 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 $hall have his or
her salary rate adjusted for the duration of the assignment as ifhe or she had be~n promoted
to the higher classification provided, however, that such adjustment shall be no 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 during the absence of
the Chief for vacations, while attending conferences, and other such usual and customary
absences.
4.6 DEFERRED COMPENSATION - The City will match the payroll deduction of any
written request by an employee with less than twenty-one years service with the City in an
amount not to exceed two-percent 2% of the employee's base monthly salary rate.
Effective January 1, 2001, the City's match will be in an amount not to exceed two and
one/halfpercent (2.5%) of the employee's base monthly salary. This section does not apply
to employees with 21 or more years with the City.
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
Collective Bargaining Agreement - Bremertoh Police Management Association
January 1,2000 through December 31, 2001
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this agreement are salaried and exempt from the overtime provisions of the Fair Labor
Standards Act.
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 Accrued/Y ear
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 VACATION ELIGIBILITY -- An employee becomes eligible to take accrued vacation
time upon completion of six (6) months of continuous employment. 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 Chiefs designee. Personnel shall schedule vacation leave by mutual agreement
of the employee and the Police Chief or the Chiefs 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
240 hours
In the event an employee has been prohibited from taking sufficient vacation time to reduce
his or her vacation balance to the maximum allowable carryover at the end of a calendar
year, the excess hours shall be paid out in cash at the employee's straight time hourly rate
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Collective Bargaining Agreement - Bremerton Police Management Association
January 1,2000 through December 31, 2001
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unless the Mayor approves an extension of the time period beyond the end of the calendar
year during which the employee must take all vacation 110urs which exceed the maximum
allowable carryover. An employee who fails to request scheduled vacation time. during the
year and whose accrued vacation hours exceed the maximum carry over balance at the end
of the calendar year- shall forfeit such excess vacation hours. (Amendment per LOU dated
March 10, 1998).'
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, 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
Memprial 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 le<ive
to a maximum of one thousand (1000) hours.
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Collective Bargaining Agreement --: Bremerton Police Management Association
January 1,2000 through December 31, 2001
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8.3 SICK LEAVE INCENTIVE -- An employee who has more than five (5) years of
continuous full time paid employment with the City and who takes thirty-two (32) hours or
less of sick leave in the calendar year following the fifth year of employment and any
subsequent calendar year, shall have eight (8) hours added to his or her vacation leave
balance at the beginning of the following calendar year.
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 -- 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 an employee's children under the age of 18 when they have a
health condition that requires supervision or treatment.
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 for an employee's immediate family member when the family member
has a health condition that requires the assistance of an adult caretaker until such
time as other care can be arranged. No more than five (5) days of sick leave can be
used for this purpose per calendar year, unless as otherwise provided in this section
or unless it qualifies for and is taken as FMLA leave.
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
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Collective Bargaining Agreement - Bremerton Police Management Association
January 1,2000 through December 31, 2001
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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.
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 OJ; 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 ofthe 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 absynce. 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 FOR LEOFF I EMPLOYEES -- An employee who
qualifies for and is included in the Washington State Retirement System commonly referred
to as "LEOFF I", who becomes disabled, and whose disability extends beyond a period of
six (6) full months, shall apply for disability retirement benefits provided through LEOFF I.
8.9 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.
Collective Bargaining Agreement -c Bremerton Police Management Association
January 1; 2000 through December 31,.2001
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ARTICLE 9 ............. OTHER PAID LEAVE
9.1 BEREAVEMENT LEAVE -An employee will be granted five (5) days of bereavement
leave for attending funerals in the State of Washington and 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
witness fees received by the employee for the performance of such duties shall be assigned
to the City.
9.3 MILIT ARY LEAVE -- A leave of absence with pay for a period not to exceed 15 working
days will be granted to an employee for the purpose of attending training as a member of
the organized military reserves of the United States or of the State of Washington.
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 employee 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
empl()yees 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:
11.2.1 Employee and dependent premiums wil~ be paid in full by the City for those
employees enrolled with KPS.
Collective Bargaining Agreement - Bremerton Police Management Association
January 1, 2000 thfough December 31, 2001
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11.2.2 Employees with coverage through GHC who emoll their dependents,
will be required to pay ten dollars ($10) per month per dependent to a
maximum of thirty dollars ($30) per month for full family coverage.
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 emoll 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 $12.50 per month per eligible and emolled
employee toward premium costs. The remainder of all premium costs shall be borne by the
emolled employee and shall be paid to Standard Insurance Company through payroll
deductions authorized by each emolled 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,
Administrative 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.
11.7 Any proposed increases in co-pays not in effect January 1,1997, must be approved by the
Insurance Benefits Committee.
ARTICLE 12 ............ CLOTHING AND UNIFORM CLEANING ALLOWANCE
12.1 PURCHASE OF UNIFORMS -- The employer shall establish a Clothing Allowance Fund
for the Bremerton Police Department. Each police officer shall be furnished uniforms as
designated by the Chief of Police. Such uniforms shall be replaced on an as needed basis
from the Clothing Allowance Fund, as determined by the Police Department Administration
Office. All uniforms purchased by the Employer are to be and remain the property of the
Employer.
Collective Bargaining Agreement - Bremerton Police Management Association
January 1, 2000 through December 31,2001
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12.2 CLOTHING ALLOWANCE -Effective January 1, 2000, an annual allowance of four
hundred seventy-five dollars ($475.00) per year will be provided to non-uniformed, sworn
personnel with less than twenty-one years service with the City. Effective January 1,2001,
an annual allowance of five hundred dollars ($500.00) will be provided to non-uniformed,
sworn personnel with less than twenty-one years service with the City. 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. This section does not apply to employees with 21 or more years
with the City.
12.3 UNIFORM CLEANING ALLOWANCE -- There shall be an annual uniform cleaning
allowance of three hundred dollars ($300). Effective January 1, 2001, the annual uniform
cleaning allowance shall be increased to three hundred twenty-five dollars ($325.00) per
year for employees with less than twenty-one years service with the City. 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.. This section does
not apply to employees with 21 or more years with the City.
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, she or he may submit
appropriate receipts for reimbursement of either or both of these allowances. This method
will be in lieu of the provisions of Article 12.2 and 12.3. An employee must inform the
Treasurer's Office no later than January 1 of each year that she or he 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:
13.1.1
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.
13.1.2
Promotional Probation: A twelve-month period commencing upon the
initial date of a permanent promotional appointment during which a
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Collective Bargaining Agreement - Bremerton Police Management Association
January 1,2000 through December 31, 2001
13.1.3
13.1.4
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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 I Employee: An employee who qualifies for and is a member of the
Washington State Retirement System commonly known as "LEOFF I".
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, judgements, and associated costs for employees and
their marital communities named as parties or defendants in claims or lawsuits as a result of
acts or omissions made in the good faith performance of the City's business.
ARTICLE 14 ;........... TUITION REIMBURSEMENT PROGRAM
14.1 An employee engaged in the pursuit of either undergraduate or graduate degrees related to
the Law Enforcement profession shall receive limited tuition reimbursement if he or she
meets the following guidelines:
14.1.1
14.1.2
14.1.3
14.1.4
14.1.5
Tuition reimbursement shall be limited only to those courses related to Law
Enforcement subjects and with matriculation at an accredited college or
university.
The City will reimburse the employee up to a maximum of $75 per quarter
credit hour or up to a maximum of $110 per semester credit hour up to a
maximum of 12 credit hours for course registration fees only.
Only full time employees in good standing in the Bremerton Police
Department are eligible for tuition reimbursement.
Tuition reimbursement shall be made if a grade of C or better is attained.
Employee will be required to furnish proof of payment and an official grade
report at the time reimbursement is requested.
The Police Chief shall have the authority to grant tuition reimbursement
pursuant to the above provisions, and shall have the authority to disapprove
tuition reimbursement if cause is shown.
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Collective Bargaining Agreement - Bremerton Police Management Association
January 1, 2000 through December 31, 2001
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14.1.6
It shall be understood that training and or study time will be undertaken
during off-duty time.
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, t6 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 asa 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
jProcedure.
16.2 STEP 1 -- An employee who believes that the terms and conditions of this agreement have
been violated shaq first discllsS 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
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Collective Bargaining Agreement - Bremerton Police Management Association
January 1,2000 through December 31, 2001
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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
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
Chiefs written response to the Director of Personnel and the Mayor within fourteen (14)
calendar days of receipt of the Police Chiefs written response. The Human Resources
Manager and the Mayor shall consider the grievance and may convene a meeting with the
Association representative in an attempt to resolve the grievance. The Human Resources
Manager 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 Human Resources Manager 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 Human Resources Manager. The Human Resources
Manager and the Association shall meet within fourteen (14) calendar days of the date upon
which the Human Resources Manager 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. 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.
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Collective Bargaining Agreement - Bremerton Police Management Association
January 1, 2000through December 31, 2001
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ARTICLE 17 ............ SEVERABILITY
17.1 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 18............ ENTIRE AGREEMENT
18.1 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 19............ CONFLICTING PROVISIONS
19.1 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 20 ............ TERM
This Agreement shall become effective January 1,2000 contingent upon ratification by both parties
and shall remain in effect through December 31, 2001 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 efthe expiration date for the purpose of negotiating changes to be effective
upon ratification of the agreement by both the City and the Association.
ARTICLE 21.......... SMOKING POLICY (incorporated from LOU dated 3-16-98)
21.1 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:
21.1.1. Employees may smoke in a City vehicle when they are not transporting any other
person(s).
21.1.2 Employees may smoke outside the entrance to the Westside Patrol Office.
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Col1ective Bargaining Agreement - Bremerton Police Management Association
January 1,2000 through December 31, 2001
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Article 22.......... POLICE OFFICERS' BILL OF RIGHTS (Formerly Appendix "B")
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 iIl1111ediate
investigation by supenor 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:
22.1 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.
22.2 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:
22.2.1 Committing a criminal offense.
22.2.2 Misconduct which would be grounds for termination, suspension, or other
disciplinary action; or that (s)he may be qualified for continued employment
'\Vith 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.
22.3 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.
22.4 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 him/her of the allegations of any
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
====================================--================ 15
Collective Bargaining Agreement - Bremerton Police Management Association
January 1,2000 through December 31, 2001
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statement (s)he has signed and a verbatim transcript of any interview of such
employee.
22.5 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.
22.6 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 23..........
MANAGEMENT CERTIFICATIONS (NEW ARTICLE)
23.1 Effective January 1, 2000, employees who currently hold or who obtain management
certifications through the Washington State Criminal Justice Training Commission will
receive additional compensation for each certification as listed below:
Middle Management Certification
One Percent (1 %)
Executive Certification
One Percent (1 %)
(Maximum additional compensation is capped at two percent (2%)
This agreement is hereby submitted to the Bremerton City Council for approval. Upon the approval
of the Council, this agreement shall become binding upon the City, the Association and all of the
employees in the bargaining unit covered by this agreement.
DATED THIS
DAY OF
, 2000.
CITY OF BREMERTON:
BREMERTON POLICE MANAGEMENT
ASSOCIATION:
~/d~
PRobert Forbes, Police Chief
Q~ '-I/Y)~
Lieutenant Ron Mox, Vice-President
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Collective Bargaining Agreement - Bremerton Police Management Association
January 1, 2000 through December 31, 2001
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&><1.di
Ho (able Lynn Horton, Mayor
ATTEST:
,/
APPROVED AS TQ_EGRM:
....-.."...-_.._:::.;:~~:-,.. ---
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Glenna Malanca, City Attorney
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Collective Bargaining Agreement - Bremerton Police Management Association
January 1,2000 through December 31, 2001
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POLICE MANAGEMENT PAY PLAN FOR LIEUTENANTS
APPENDIX A
LIEUTENANTS
EFF. 01/01/2000~~:'f~)~!~li!~ STEP 1 .s.IE.e....2 SIff....3 STEP 4 ~
RATES REFLECT 3% COLA
BASE
ANNUAL 63,314.88 64,699.92 66,109.68 67,445.04 68,854.80
MONTHLY 5,276.24 5,391.66 5,509.14 5,620.42 5,737.90
SEMI-MONTHLY 2,638.12 2,695.83 2,754.57 2,810.21 2,868.95
HOURLY 30.32 30.99 31.66 32.30 32.98
MAX. DEF. COMPo 52.76 53.92 55.09 56.20 57.38
lli
ANNUAL 64,581.12 65,994.00 67,431.84 68,793.84 70,231.92
MONTHLY 5,381.76 5,499.50 5,619.32 5,732.82 5,852.66
SEMI-MONTHLY 2,690.88 2,749.75 2,809.66 2,866.41 2,926.33
HOURLY 30.93 31.61 32.29 32.95 33.64
.3.%
ANNUAL 65,214.24 66,640.80 68,093.04 69,468.48 70,920.48
MONTHLY 5,434.52 5,553.40 5,674.42 5,789.04 5,910.04
SEMI-MONTHLY 2,717.26 2,776.70 2,837.21 2,894.52 2,955.02
HOURLY 31.23 31.92 32.61 33.27 33.97
7,25%
ANNUAL 67,905.12 69,390.72 70,902.72 72,334.80 73,846.80
MONTHLY 5,658.76 5,782.56 5,908.56 6,027.90 6,153.90
SEMI-MONTHLY 2,829.38 2,891.28 2,954.28 3,013.95 3,076.95
HOURLY- 32.52 33.23 33.96 34.64 35.37
8.25%
ANNUAL 68,538.24 70,037.76 71,563.68 73,009.20 74,535.36
MONTHLY 5,711.52 5,836.48 5;963.64 6,084.10 6,211.28
SEMI-MONTHLY 2,855.76 2,918.24 2,981.82 3,042.05 3,105.64
HOURLY -32.82 33.54 34.27 34.97 35.70
E"FFEeili(VE - 07/01/2000<<'~1!l -
<. '"-,-r"'"*_-<ffl~/""'_=.,,,,,, ~" '. 'k<
RATES REFLECT .5% COLA
BASE
ANNUAL 63,631.44 65,023.44 66,440.16 67,782.24 69,198.96
MONTHLY 5,302.62 5,418.62 5,536.68 5,648.52 5,766.58
SEMI-MONTHLY 2,651.31 2,709.31 2,768.34 2,824.26 2,883.29
HOURLY 30.47 31.14 31.82 32.46 33.14
MAX. DEF. COMPo 53.03 54.19 55.37 56.49 57.67
lli
ANNUAL 64,904.16 66,324.00 67,769.04 69,138.00 70,583.04
MONTHLY 5,408.68 5,527.00 5,647.42 5,761.50 5,881.92
SEMI-MONTHLY 2,704.34 2,763.50 2,823.71 2,880.75 2,940.96,
HOURLY 31.08 31.76 32.46 33.11 33.80
.3.%
ANNUAL 65,540.40 66,974.16 68,433.36 69,815.76 71,274.96
MONTHLY 5,461.70 5,581.18 5,702.78 5,817.98 5,939.58
SEMI-MONTHLY 2,730.85 2,790.59 2,851.39 2,908.99 2,969.79
HOURLY 31.39 32.08 32.77 33.44 34.14
L.2.5%.
ANNUAL 68,244.72 69,737.52 71,256.96 72,696.48 74,215.92
MONTHLY 5,687.06 5,811.46 5,938.08 6,058.04 6,184.66
SEMI-MONTHLY 2,843.53 2,905.73 2,969.04 3,029.02 3,092.33
HOURLY 32.68 33.40 34.13 .. 34.82 35.54
8.25%
ANNUAL 68,880.96 70,387.92 - 71,921.52 73,374.24 74,907.84
MONTHLY 5,740.08 5,865.66 5,993.46' . 6,114.52 6,242.32
SEMI-MONTHLY 2,870.04 2,932.83 2,996.73 3,057.26 3,121.16
HOURLY 32.99 33.71 34.45 35.14 35.88
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AGENDA BILL
BREMERTON CITY COUNCIL
.
1. SUBJECT:
Labor Agreement By and Between the City of Bremerton
and the Police Management Association
FOR AGENDA OF:
ORIGINATING DEPT:
ORIGINATOR:
DATE SUBMITTED:
03/15/00
Human Resources
Carol Conley, HR Manager
3/8/00
2. CLEARANCES: Comment of back if necessary)
__ 3. EXHIBJTS: Labor Agreement
----- T/ / U
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~~L9... ..-1
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Glenna Malanca, City Attorney
Rich Hanna, City Treasurer '~~
ENDORSEMENTS ~ INFORMALTION
MAYOR ~ yJ U--
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
COUNCIL PRESIDENT
{~~~
Pursuant to RCW 41.56, negotiations have concluded between representatives of the City and the Police Management
Association resulting in the attached Labor Agreement. These negotiations have been discussed with Council in
Executive Session. This Labor Agreement replaces the current one which expired on December 31, 1999. The new
Labor Agreement's term is January 1, 2000 through December 31,2001, It has been ratified by the Union's membership.
Council approval is required to implement the new agreement.
8. RECOMMENDATION:
Approval of the Labor Agreement By and Between the City of Bremerton and the Police Management
Association January 1,2000 through December 31, 2001 and make the necessary <"j.dm ini s t rat i v e
amendments to the 2000 budget. -
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
Carol Conley
Carol Conley
12/31/01
07/01/01
TABLED
OF ACTION
PULLED
APPROVED
DISAPPROVED
AMENDED
COUNCIL DIRECTIVE:
~.
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urra;<:f-o I-!/(, ~)11. ~ABILLNO:_DO- 0'75
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.
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
Non-passage would result in continued negotiations and declaration of impasse.
6. IMPACT ON STAFFING. BUDGETS, FACILITIES. EQUIPMENT OR OTHER RESOURCES:
The cost of implementation will be approximately $437,900 an overall increase of 7.24%. Sufficient funds are available
in the 2000 budget to cover the cost of implementing this agreement.
7. RESEARCH SOURCES: