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HomeMy WebLinkAboutPOLICE MANAGEMENT ASSOC., 1992-1993 " e ~ . LABOR AGREEMENT BY AND BElWEEN THE CITY OF BREMERTON and BREMERTON POLICE MANAGEMENT ASSOCIATION January 1, 1992 through December 31, 1993 TABLE OF CONTENTS ARTICLE/SECTION PREAMBLE ARTICLE 1. DISCRIMINATION ALLEGATIONS ARTICLE 2. RECOGNITION ARTICLE 3. ASSOCIATION ACCESS ARTICLE 4. WAGES PAGE 1 1 1 1 2 4,1 Monthly Wage Rates 4.2 Step Advancement 4.3 'Tel1}.porary Assignment to Higher Level Position ARTICLE 5. HOURS OF WORK ARTICLE 6. VACATION LEAVE 6.1 Vacation Accrual 6.2 Vacation Eligibility 6.3 Vacation Scheduling 6.4 Maximum Vacation Accrual 6.5 Vacation Pay-Out ARTICLE 7. HOLIDAYS 7.1 Holidays Observed 7.2 Floating Holiday 7.3 Alternative days of Holiday Observation 7.4 Holiday Compensation 2 2 2 2 3 3 3 3 3 3 '4 4 4 4 4 i . . e e ARTICLE 8. SICK LEAVE AND INDUSTRIAL DISABILITY 4 8.1 Sick Leave Accrual 8.2 Maximum Sick Leave Accrual 8.3 Sick Leave Incentive 8.4 Sick Leave Retirement or Death Payment 8.5 Sick Leave Use 8.6 Notification of Sick Leave Use A. Routine Appointments B. Unanticipated Absence C. Sick Leave during Authorized Paid Leave 8.7 Sick Leave Documentation and Approval 8.8 Industrial Disability for LEOFF I Employees 8.9 Industrial Disability Leave for LEOFF II Employees 4 4 4 4 5 5 5 5 5 5 6 6 ARTICLE 9. OTHER PAID LEAVE 6 9.1 Bereavement Leave 9.2 Jury Duty, Witness Leave 9.3 Military Leave 9.4 Emergency Leave 6 6 6 6 ARTICLE 10. RETIREMENT BENEFITS 6 ARTICLE 11. INSURANCE BENEFITS 7 11.1 Medical Insurance 11.2 Insurance Premium Payments 11.3. Dental Insurance 11.4 Disability 11.5 Insurance Reserves, Rebates and Surpluses 7 7 7 7 7 ARTICLE 12. CLOTHING AND UNIFORM CLEANING ALLOWANCE 7 12.1 Purchase of Uniforms 12.2 Clothing Allowance 12.3 Uniform Cleaning Allowance 12.4 Cleaning Contract 7 7 8 8 ARTICLE 13. PERSONNEL PRACTICES 13.1 Definitions 13.2 Promotions and Vacancies 13.3 Indemnification of Employees 8 8 8 ARTICLE 14. ACADEMIC INCENTIVE 8 ARTICLE 15. MANAGEMENT RIGHTS 9 11 . ' e ARTICLE 16. GRIEVANCE PROCEDURE 16.1 Definitions 16.2 STEP 1 16.3 STEP 2 16.4 STEP 3 16.5 STEP 4 16.6 Powers and Duties of the Arbitrator 16.7 Costs of Arbitration 16.8 Time Limits i ARTICLE 17. SEVERABILITY ARTICLE 18. ENTIRE AGREEMENT ARTICLE 19. CONFLICTING PROVISIONS ARTICLE 20. TERM WAGE RATES POLICE OFFICERS BILL OF RIGHTS e 9 9 9 9 10 10 10 10 10 11 11 11 11 APPENDIX A APPENDIX B ill e e LABOR AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and BREMERTON POLICE MANAGEMENT ASSOCIATION January 1, 1992 through December 31,1993 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 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 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 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. e e ARTICLE 4. WAGES 4.1 Monthly Wage Rates: Monthly wages shall be paid as set forth in Appendix A which is attached hereto and made a part hereof. Wage rates shall be adjusted by 90% of the July 1992 CPI-W Seattle with a minimum adjustment of 2.5% and a maximum adjustment of 6% plus 3% effective January 1, 1993. 4.2 Step Advancement: Advancement from Step A to Step B will occur upon the positive recommendation of the Police Chief and after completion of twelve (12) months of continuous service at Step A. In the event an employee at Step A is on leave of absence without pay, the employee's advancement to Step B will be extended by the actual number of days the employee was absent on such leave. 4.2 Temporary 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 or her salary rate adjusted for the duration of the assignment as if he or she had been promoted to the higher classification provided, however, that such adjustment shall be no less than 4%.; 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. ARTICLES. HOURS OF WORK 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 exempt from the overtime provisions of the Fair Labor Standards Act. 2 e e 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 /Year 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 orthe 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 160 hours More than Five (5) years 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 tune hourly rate unless the City Council approves an extension of the time period beyond the end of the calendar year during which the employee must take all vacation hours which exceed the maximum allowable carryover. An employee who fails to request scheduled vacation time during the year and who's accrued vacation hours exceed the maximum carry over balance at the end of the calendar year shall forfeit such excess vacation hours. 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. 3 . . e e ARTICLE 7. HOLIDAYS 7.1 Holidays Observed: The following holidays shall be observed by the City: New Year's Day Labor Day Martin Luther King's Birthday Veteran's Day President's Day Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day 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 Floatin& 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 oftime 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. The maximum annual accrual will be 96 hours. 8.2 Maximum Sick Leave Accrual: Employees shall be able to accrue sick leave to a maximum of 960 hours. 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 death. 4 e .e 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: A. The temporary disability of an employee resulting from his or her personal illness or ffiJUry. B. Providing care for an employee's children under the age of 18 when they have a health condition that requires supervision or treatment. e. 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 treatnient. D. Upon the birth or adoption of a child, a 'father may use up to three (3) days of accrued sick leave. E. Providing for an employee's immediate family member when the family member has a health condition that requires the assistance of an adult caretaker until such time as other care can be arranged. No more than five (5) days of sick leave can be used for this purpose per calendar year, unless as otherwise provided in this section or by law. 8.6 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: A. Routine ApJJointments: 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. B. Unanticipated Absence: An employee who is absent from work or will be unable to report to work as scheduled due to personal illness or injury, or for other causes specified in 8.5 above, shall promptly notify the department by telephone or otherwise by 0800 of the day of his or her scheduled work day. e. Sick Leave during Authorized Paid Leave: An employee who becomes ill or is injured during the employee's paid vacation or compensatory time off for accumulated overtime, may request the conversion of such paid leave to sick leave with pay by promptly notifying the department 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 5 e e 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 1", 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. ARTICLE 9. OTHER PAID LEAVE 9.1 Bereavement Leave: An employee will be granted three (3) days of bereavement leave for attending funerals in the State of Washington and five (5) days for out of state funerals of members of the employee's immediate family. Immediate family shall be defined as spouse, child, stepchild, mother, father, mother/father in-law, brother, sister, bother/sister in-law, grandparents and grandchildreQ. 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 Military Leave: A leave of absence with pay for a period not to exceed 15 working days will be granted to an employee for the purpose of attending training as a member of the organized military reserves of the United States or of the State of Washington. 9.4 Emergency Leave: In the event of an unforeseen emergency which requires the absence of an employee such as the illness, injury or death of a member of an employee's immediate family, the employee shall notify his or her immediate supervisor as soon as possible of the required absence. Such emergency leave may be charged to an employee's unused vacation/holiday or compensatory time leave balance. . ARTICLE 10. RETIREMENT BENEFITS Each employee shall be enrolled in the Washington State Retirement system for which he or she qualifies. Only for the purposes of federal income taxation, the gross income of each employee shall be reduced by the amount of employee contributions to the respective retirement system which is picked up by the City. 6 e e ARTICLE 11. INSURANCEBENEFITS 11.1 Medical Insurance: The City shall make medical insurance coverage available to employees and their dependents follows: Kitsap Physician's Service Plan A for Employees and Plan B for Dependents Group Health Cooperative for Employees and Dependents 11.2 Insurance Premium Payments: Insurance Premium Payments: Payment of insurance premiums shall be made as follows: Employee and dependent premiums paid in full by the City. 11.3. Dental Insurance: The City shall provide the same benefit levels as are contained in the Washington Dental Service Plan A dental insurance coverage for employees and their dependents and provide for full payment of insurance premiums. 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 $10 per month per eligible and enrolled employee toward premium costs. The remainder of all premium costs shall be borne by the enrolled employee and shall be paid to Standard Insurance Company through payroll deductions authorized by each enrolled employee. 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 the bargaining unit's pro-rata share of any premium rebates, interest rebates, surplus reserve account rebates or any other monetary returns to the employer from the insurance providers together with subsequent interest earnings thereon shall be used exclusively to defray the costs of premium increases in the plan or increase benefit levels. ARTICLE 12. CWTHING 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. 12.2 Clothing Allowance: An annual allowance of four hundred twenty five ($425.00) per year will be provided to non uniformed, sworn personnel. Such allowance shall be paid during the month of January. 7 e e 12.3 Uniform Cleaning Allowance: There shall be an annual uniform cleaning allowance of two hundred seventy five dollars ($275.00). This applies to all personnel covered by this agreement. Such allowance shall be payable in 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 p~yment. 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. ARTICLE 13. PERSONNEL PRACTICES 13.1 Definitions: For the purpose of interpreting the provisions of this agreement, the following definitions shall apply: A. Probationary Employee: An employee serving a twelve- month period commencing upon the initial date of hire as a permanent employee during which the employee may be discharged at the sole discretion of the City, consistent with applicable Civil Service Rules and Regulations and without recourse to the grievance procedure. B. Promotional Probation: A twelve-month period commencing upon the initial date of a permanent promotional appointment during which a promoted employee who is unable to perform the duties of the higher level position shall be returned to his or her previous classification at the time of appointment at the sole discretion of the City, consistent with applicable Civil Service Rules and Regulations and without recourse to the grievance procedure. C. LEOFF I Employee: An employee who qualifies for and is a member of the Washington State Retirement System commonly known as "LEOFF I". D. LEOFF II Employee: An employee who qualifies for and is.. a member of the Washington State Retirement System commonly known as "LEOFF II". 13.2 Promotions and Vacancies: 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. ACADEMIC INCENTIVE An employee engaged in the pursuit of either undergraduate or graduate degrees related to the Law Enforcement profession shall receive limited tuition assistance if he or she meets the following guidelines: A. Tuition assistance is limited only to those courses related to Law Enforcement subjects and matriculation is in a state community college, state college or university in the State of Washington. 8 e e B. The City will pay $60 per quarter unit or $90 per semester unit to a maximum of 10 units for course registration fees only. C. Only full time employees in good standing in the Bremerton Police Department are eligible for tuition assistance. D. Tuition assistance shall continue as long as a grade of C or better is maintained. E. The Police Chief shall have the authority to grant tuition assistance pursuant to the provisions of A above and shall have the authority to terminate tuition assistance if cause is shown. ARTICLE 15. MANAGEMENT RIGHTS Any and all rights concerned with the management and operation of the Police Department are exclusively that of the City unless otherwise provided by the terms of this Agreement. The City has the right, among other actions, to adopt rules for the operation of the Department and conduct of the employees, to discipline, suspend or discharge employees for cause, to assign work and determine duties of employees, to detenriine 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: A. Grievance: A grievance is an allegation of a violation of the terms and conditions of this agreement which is to be resolved through this Grievance Procedure. B. Civil Service Appeal: An appeal is an allegation of a violation of the Civil Service Ru1es which is to be resolved through the Civil Service Appeals procedure and is not resolvable through this Grievance Procedure. C. Unfair Labor Practice: An Unfair Labor Practice charge is an allegation of a violation of the Washington State statutes governing public employment labor relations which is to be resolved through the Public Employment Relations Commission's rules and regulations and is not resolvable through this Grievance Procedure. 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 9 e e 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 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 Director of Personnel 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 Personnel 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 Personnel 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 Personnel. The Director of Personnel and the Association shall meet within fourteen (14) calendar days of the date upon which the Director of Personnel 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. 10 . . e e ARTICLE 17. SEVERABILIlY 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 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 In the event that any provision of this Agreement is found to be in conflict with any other Resolution, Ordinance, Policy, Regulation or Rule ofthe City, the provision ofthis agreement shall prevail. ARTICLE 20. TERM This agreement shall become effective January 11992 and shall remain in effect through December 31 1993 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 of the expiration for the purpose of negotiating ch~nges to be effective following the expiration of this Agreement with such notice to be in writing to the other party. 11 - e This agreement is hereby submitted to the Bremerton City Council for approval. Upon the approval of the Council, this agreement shall become binding upon the City, the Association and all of the employees in the bargaining unit covered by this agreement. DATED THIS 3~ day of ~~ , 199~ CITY OF BREMERTON: . BREMERTON POLICE MANAGEMENT ASSOCIA 0 . . Sievers, City Attorney 12 e Police Lieutenant Police Captain WAGE RATES BASE APPROX MO ACTUAL BI-MO BASE APPROX MO ACTUAL BI-MO e APPENDIX A L EFFECTIVE JANUARY 11992 .. STEP A STEP B 3.812.50 1.906.25 4,003.14 2.001.57 STEP A STEP B 4,194.45 2,097.22 4,404.20 2.202.10 . . e e . . APPENDIX B Appendix B is attached for informational purposes only and is not subject to Article 16 of the Agreement. POLICE OFFICERS' BILL OF RIGHTS Section 1. 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: A. 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. B. 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: (1) Committing a criminal offense; (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. C. 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. D. 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 . . " - e .~ .' 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. E. 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 criminal charge. F. 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. " e z?-'3~ AGENDA BILL e BREMERTON CITY COUNCIL 1. SUBJECT: Labor Agreement by and between the City of Bremerton and Bremerton Police Management Association 1992 - 1993 FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: August 5, 1992 Personnel ^ . A C. Marshall (1AV, July 30, 1992 2. cit MAYOR mment Labor Agreement 1992 - 1993 **Note Contract to be distributed Monday BY COUNCIL PRESIDENT FOR UBMITTAL: ~' r)/ ry) 3. EXHIBITS: APPROVED COUNCIL PRESIDENT -""'. 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The attached Labor Agreement between the City and the Bremerton Police Management Association has been negotiated in conformance with Council direction and covers a two-year period beginning January 1, 1992 and ending December 31 1993. Changes to the existing agreement are as follows: PREAMBLE ARTICLE 1. ARTICLE 2. ARTICLE 3. ARTICLE 4. No No No No Changes Changes Changes Changes DISCRIMINATION ALLEGATIONS RECOGNITION ASSOCIATION ACCESS WAGES Changes as follows: ~January 1 1992 plus 3% to increase differential over Sergeant 90% of Seattle CPI-W July 1992 Index; Minimum 2.5%--Maximum 6% January 1 1993 plus 3% to increase differential over Sergeant Time between the two-step plan decreased from two years to one year ARTICLE 5. HOURS OF WORK No changes ARTICLE 6. VACATION LEAVE No benefit change inapplicable language removed ARTICLE 7. HOLIDAYS No changes ARTICLE 8. SICK LEAVE AND INDUSTRIAL DISABILITY ARTICLE 9. ARTICLE 10. ARTICLE 13. added father may use three days upon birth or adoption of child added use up to five days per year for family member adult care removed language repeating LEOFF II Industrial Disability law to statement that benefits will be provided pursuant to state law OTHER PAID LEAVE No changes RETIREMENT BENEFITS INSURANCE BENEFITS No changes Same Plans and premium paYment arrangement Language changed to reflect current conditions 9 d - 174 II ARTICLE 12. , ARTICLE 13. ARTICLE 14. ARTICLE 15. ARTICLE 16. ARTICLE 17. ARTICLE 18. ARTICLE 19. ARTICLE 20. APPENDIX A. APPENDIX B. e e CLOTHING AND UNIFORM CLEANING ALLOWANCE Changed to provide the same uniform arrangement as Sergeants and officers receive PERSONNEL PRACTICES ACADEMIC INCENTIVE MANAGEMENT RIGHTS GRIEVANCE PROCEDURE SEVERABILITY ENTIRE AGREEMENT CONFLICTING PROVISIONS TERM January 1 1992 WAGE RATES (See Article 5) POLICE OFFICERS BILL OF RIGHTS No changes No changes No changes No changes No changes No changes No changes - December 31 1993 No changes 8. RECOMMENDATION: It is recommended that the city Council approve the Labor Agreement by and between the city of Bremerton and the Bremerton Police Management Association for the period January 1 1992 through December 31 1993. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: W' N\ C. Marshall rr iV C. Marshall December 31, 1993 July 1993 10. NOTICE OF ACTION PULLED [] TABLED [] AP~ISAPPROVED [] AMENDED [] DATE: ~' COUNCIL DIRECTIVE: ~ '11. AGENDA BILL NO.: U- ~ ~ ~ u....~~ ~ J<.::\.c- ~~ ~\~~ Cc:.. ec-t~ <;\.~~ ~ ~..rL~ II t( 4L ~~ t. ~""'-- r,'1G ~- _ q:;z~ .~AU(j- . (OVER) e _ 2. / CLEARANCES COMMENTS: Q f ~ -d ~- p/l-4e I-- t<j'~ "-'"' ~ I'IOt ~ u); I \ k \~ t.c I' tit'''.; tJ-'.etC '-lC IJ~J ~ 11\ e If ~ f flit! rtf-e' f /s ,,~//( !/d~ 5tJ 1/-( ~ hIP Ii OC/l f;:,ad., ,f(tf-J bf Mi/tJltd Iii tle dlj'a5//!~...f 5. IMPACT OF NON-PASSAGE: Negotiations with the Association will have reached impasse and unresolved issues would be certified for binding arbitration by the state of Washington Public Employment Relations Commission. 6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EOUIPMENT OR OTHER RESOURCES: Transfer of funds from Salary Adjustment Reserve to the Police Department line item budgets as follows: 7. RESEARCH SOURCES: