HomeMy WebLinkAboutPOLICE MANAGEMENT ASSOC., 1990-1991
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LABOR AGREEMENT BY AND BETWEEN
THE
CITY OF BREMERTON
and
BREMER TON POLICE MANAGEMENT ASSOCIATION
January 1 1990 through December 31 1991
TABLE OF CONTENTS
PROVISION PAGE NO.
PREAMBLE 1
ARTICLE 1. DISCRIMINATION ALLEGATIONS
ARTICLE 2. RECOGNITION
ARTICLE 3. ASSOCIATION ACCESS
ARTICLE 4. WAGES 2
4.1 Monthly Wage Rates
4.2 Temporary 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
3
ARTICLE 7. HOLIDAYS
7.1 Holidays Observed
7.2 Floating Holiday
7.3 Alternative days of Holiday Observation
7.4 Holiday Compensation
4
ARTICLE 8.
SICK
8.1
8.2
8.3
8.4
8.5
8.6
8.7
8.8
8.9
LEAVE AND INDUS.TRIAL DISABILITY
Sick Leave Accrual
Maximum Sick Leave Accrual
Sick Leave Incentive
Sick Leave Retirement or Death Payment
Sick Leave Use
Notification of Sick Leave Use
Sick Leave Documentation and Approval
Industrial Disability for LEOFF I Employees
Industrial Disability Leave for LEOFF II
Employees
Disability Leave Supplement for LEOFF II
Employees
Alternative work Assignments for Employees
on Industrial Disability
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6
8.10
8.11
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LABOR AGREEMENT BY AND BETWEEN
THE
CITY OF BREMERTON
and
BREMER TON POLICE MANAGEMENT ASSOCIATION
January 1 1990 through December 31 1991
TABLE OF CONTENTS
PROVISION
PAGE NO.
ARTICLE 9.
OTHER PAID LEAVE
9.1 Bereavement Leave
9.2 Jury Duty, Witness Leave
9.3 Military Leave
9.4 Emergency Leave
7
8
ARTICLE 10. RETIREMENT BENEFITS
ARTICLE 11. INSURANCE BENEFITS
11.1 Medical Insurance
11.2 Dental Insurance 9
11.3 Medical and Dental Insurance Premium Payments
1991
11.4 Disability Insurance
ARTICLE 12. CLOTHING AND UNIFORM CLEANING ALLOWANCE
12.1 Purchase of Uniforms
12.2 Uniform Cleaning Allowance
ARTICLE 13. PERSONNEL PRACTICES
13.1 Definitions
13.2 Promotions and Vacancies
13.3 Indemnification of Employees
10
ARTICLE 14. ACADEMIC INCENTIVE
ARTICLE 15. MANAGEMENT RIGHTS
11
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
12
ARTICLE 17. SEVERABILITY
13
ARTICLE 18. ENTIRE AGREEMENT
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LABOR AGREEMENT BY AND BETWEEN
THE
CITY OF BREMERTON
and
BREMERTON POLICE MANAGEMENT ASSOCIATION
January 1 1990 through December 31 1991
TABLE OF CONTENTS
PROVISION PAGE NO.
ARTICLE 19. CONFLICTING PROVISIONS
ARTICLE 20. TERM
13
SIGNATURE PAGE
14
APPENDIX A Wage Rates
APPENDIX B.
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LABOR
AGREEMENT BY AND BETWEEN
THE
CITY OF BREMERTON
and
POLICE MANAGEMENT ASSOCIATION
1990 through December 31, 1991
BREMER TON
January I,
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
Ci ty I 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.
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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.
Advancement from Step A to Step B will occur upon the posi ti ve
recommendation of the Police Chief and after completion of twenty-
four (24) 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.
ARTICLE 5 - 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.
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:
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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 taken in segments of
one-half hour or more. Vacation time must be fully accrued prior
to the time an employee takes any vacation time off.
6.3 Vacation Scheduling: Annual vacation leave shall be
authorized by the Police Chief or the Chief's designee. Personnel
shall schedule vacation leave by mutual agreement of the employee
and the Police Chief or the Chief's designee.
6.4 Maximum Vacation Accrual: The maximum number of vacation
accrual hours that any employee shall be allowed to carry forward
from one calendar year to the next is as follows:
Years of
Continuous Employment
o through Five (5) years
More than Five (5) years
Maximum Balance
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 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 I s accrued vacation hours
exceed the maximum carryover balance at the end of the calendar
year shall forfeit ~uch excess vacation hours.
6.5 Vacation Pay-Out: Upon the retirement or termination of an
employee who ha-s 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-
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ARTICLE 7 - HOLIDAYS
7.1 Holidays Observed: The following holidays shall be observed
by the City:
New Year's Day
Martin Luther King's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas
In addition, any other holiday legally proclaimed by the
Federal or State government, provided that the City takes official
action to have such holiday also observed by the City.
7.2 Floating Holiday: Each employee shall be allowed one
additional holiday to be observed by the employee on a day mutually
agreeable to the employee and the Police Chief.
7.3 Alternative days of Holiday Observation: If a holiday
observed by the City falls on a Saturday, the holiday will be
observed on the preceding Friday. If a holiday falls on a Sunday,
the holiday will be observed on the following Monday. If the day
a holiday is observed by the City falls on an employee's regularly
scheduled day off, the employee shall receive an alternate day as
a paid holiday.
7.4 Holiday Compensation: An employee shall receive eight (8)
hours of time off with pay for each holiday observed by the City
and for a floating holiday of each employee's choice.
ARTICLE 8 - SICK LEAVE AND INDUSTRIAL DISABILITY
8.1 Sick Leave Accrual: Employees shall accrue sick leave time
with pay at the rate of .046154 hours for all normal hours of work
including paid leave. 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.
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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.
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 injury.
B. Providing care for an employee's children under the age of
18 when they have a health condition that requires supervision or
treatment.
C. 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.
8.6 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 Appointments: An employee who schedules a routine
medical, dental or oculist appointment shall make every reasonable
effort to scheduLe such an appointment at a time which will cause
the least interference with the employee's work hours and duties.
The employee shall give prior notice of the date and time of the
appointment to his or her immediate supervisor. An employee's
immediate supervisor may request that the employee reschedule
routine appointments when, in the judgment of the supervisor, the
scheduled absence of the employee would unduly interfere with the
operations of the Department. An immediate supervisor shall not
unreasonably deny an employee sick leave with pay for routine
medical, dental or oculist appointments.
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.
C. 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.
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8.7 Sick Leave Documentation and Approval: An employee who has
been absent on sick leave shall, wi thin 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 I 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. .
8 .10 Disability Leave Supplement for LEOFF II Employees: A
disability leave supplement is the amount which, when added to the
amount payable under Worker's Compensation time-loss benefits will
result in an employee receiving the same pay he or she would have
received for full time active service, taking into account that
Workers' Compensation payments are not subject to federal or social
security taxes. The disability leave supplement shall begin on the
sixth day of absence from work caused by the injury or illness
which entitles the employee to Workers' Compensation benefits and
shall be paid as follows:
A. One-half of the amount of the supplement shall be charged
against the accrued sick leave of the employee up to the point
where 48 hours of sick leave remain. If an employee has no accrued
sick leave at the time of injury or illness which entitles him or
her to Workers' Compensation benefits, or if accrued sick leave is
exhausted to the point where only 48 hours remain during the period
of disability, the employee shall receive only that portion of
disability leave supplement prescribed by subsection (B) of this
section.
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B. One-half of the amount of the supplement shall be paid by
the City for a period not to exceed six (6) months from the date of
injury or illness up to the point where only 48 hours of the
employee's sick leave remains. In the event that only 48 hours of
the employee's sick leave remains at some point during the period
of disability, the City shall pay that amount of the supplement
which is required to make up the difference between the minimum
sick leave of 48 hours and the employee's full time active pay,
(taking into account that Workers' Compensation benefits are not
subject to federal or social security taxes) for a period not to
exceed six (6) months from the date of injury or illness.
C. In no event shall the combination of Worker's
Compensation, employee sick leave or City supplement compensation
exceed the amount of an employee's regular wage rate at any time
during the disability period.
D. If an employee's accrued sick leave is exhausted during
the period of disability, the employee may, for a period of two
months following return to active service, draw prospectively upon
sick leave the employee is expected to accumulate up to a maximum
of 24 hours. Any sick leave drawn prospectively shall be charged
against earned sick leave until such time as the employee has
accrued the amount needed to restore the amount used. In the event
an employee terminates active service without having restored the
sick leave drawn prospectively, the City shall deduct the actual
cost of any payments made under this subsection from compensation
payable to the employee or otherwise recover the payments.
8.11 Alternative work Assignments for Employees on Industrial
Disability: An employee may be assigned to perform alternative
work during the period he or she is unable to perform his or her
normal work duties due to a work-related illness or injury or may
be provided alternative employment in conformance with the
provisions of laws and regulations governing employees under LEOFF
II, and the Washington State Industrial Insurance Act and City
employment.
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
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. -7-
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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.
ARTICLE 11 - INSURANCE BENEFITS
11.1 Medical Insurance: The City shall make medical insurance
coverage available to employees and their dependents and provide
for payment of 1990 insurance premiums as follows:
Monthly Mo Premium Mo Premium Plan
Premium Amount Paid Amount Paid Co-Pays
Member Amount by City by Employee Paid By
Kitsap Physicians' Service - Plan A
LEOFF I
Employee 153.29 153.29 -0- City
LEOFF II
Employee 112.69 112.69 -0- City
Kitsap Physician's Service - Plan B
Spouse 109.64
1st Dependent 52.20
2nd+Dependent(s) 41.67
109.64
52.20
41.67
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-0-
-0-
Employee
Employee
Employee
GROUP HEALTH
LEOFF I
LEOFF IIEmplee
Spouse
1st Dependent
Ea Addt'l Dep
131.68
102.14
102.14
52.25
52.25
131.68
102.14
102.14
52.25
52.25
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Employee
Employee
Employee
Employee
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11.2 Dental Insurance: The City shall make the Washington Dental
Service Plan A dental insurance coverage available to employees and
their dependents and provide for payment of 1990 insurance premiums
as follows: The City shall pay $21.80 per month for employee only
dental insurance coverage; $45.25 per month for employee plus one
dependent dental insurance coverage; and $65.80 per month for
employee plus two or more dependents coverage.
11.3 Medical and Dental Insurance Premium Payments - 1991: The
City will pay the full cost of employee only premium payments for
Kitsap Physicians' Service Plan A or Group Health for the 1991
calendar year. The City will pay the full premium costs of
dependent coverage for Kitsap Physicians' Service Plan B or Group
Health for the 1991 calendar year. The City will provide for full
payment of Dental Insurance premiums for employees and their
dependents for 1991.
11.3 Disability Insurance: 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 of all such
insurance policies. 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.
ARTICLE 12 - CLOTHING AND UNIFORM CLEANING ALLOWANCE
12.1 Purchase of Uniforms: The City shall purchase new and
replacement uniforms required by Police Department regulations for
each employee. Employees shall abide by such rules and regulations
as are established by the Department in selecting and obtaining
their uniforms. All uniforms paid for by the Police Department
remain the property of the City.
12.2 Uniform Cleaning Allowance: Each employee required to wear
a ,uniform pursuant to Police Department regulations shall receive
a,uniform cleaning allowance of two hundred fifty ($250) dollars
per year for uniform maintenance. One-half ($125) of the allowance
shall be paid during the month of January and one-half ($125) shall
be paid during the month of July. In the event the City secures a
cleaning contract with an independent cleaning company, no uniform
cleaning allowance will be paid to employees.
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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. Tui tion 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.
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.
Co 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. -10-
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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 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.
ARTICLE 16 - GRIEVANCE PROCEDURE
16.1 Definitions:
A. Grievance: A grievance is an allegation of a violation of
the terms and conditions of th~s 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 Rules 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 I 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 ewployee at Step 1 of this
procedure, the employee shall reduce the grievance to writing and
shall state: the section (or sections) of this agreement which is
alleged to have been violated; an explanation of the grievance in
detail, including dates, actions and such other information
necessary to a full investigation of the facts and circumstances
giving rise to the grievance; and the remedy sought. The employee
shall have the right to be assisted by an authorized Association
representative in reducing his or her grievance to writing. The
employee shall present the written grievance to the Police Chief
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. -11-
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16.4 STEP 3: In the event that the Police Chief does not resolve
the grievance to thes.atisfaction of the employee at Step 2 of this
procedure, the. Association shall, on behalf of the employee,
transmit a copy of the original grievance along with a copy of the
Police Chief's written response to the Director of Personnel and
the Mayor wi thin fourteen (14) calendar days of receipt of the
Police Chief's 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 wi thin 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
~nd 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
Union and the City. All procedures contained herein shall be
complied with as expeditiously as practicable.
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ARTICLE 17 - SEVERABILITY
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
resul ts 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 of the City, the provision of this agreement shall prevail.
ARTICLE 20 - TERM
This agreement shall become effective January 1 1990 and shall
remain in effect through December 31 1991 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 changes to be
effective following the expiration of this Agreement with such
notice to be in writing to the other party.
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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 I~ day of ~ . 199~
CITY OF BREMERTON:
ATTEST:
~L~'. ~(JJ...~
Kathleen McCluskey, City Clerk
~ORM:
Ian R. Sieve:, City Attorney
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WAGE RATES
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POSITION BASE
EFFECTIVE JANUARY 1 1990
Police Lieutenant APPROX ANN
APPROX MO
ACTUAL BI-MO:
APPROX/HR
STEP A
39,718.80
3,309.90
1,654.95
19.10
EFFECTIVE JANUARY 1 1991
Police Lieutenant APPROX ANN
APPROX MO
ACTUAL BI-MO:
APPROX/HR
41,903.28
3,491.94
1,745.97
20.15
EFFECTIVE JANUARY 1 1990
POSITION BASE
Police Captain APPROX ANN
APPROX MO
ACTUAL BI-MO:
APPROX/HR
STEP A
43,698.00
3,641.50
1,820.75
21.01
EFFECTIVE JANUARY 1 1991
Police Captain
APPROX ANN
APPROX MO
ACTUAL BI-MO:
APPROX/HR
46,101. 36
3,841.78
1,920.89
22.16
APPENDIX A
STEP B
41,704.80
3,475.40
1,737.70
20.05
43,998.48
3,666.54
1,833.27
21.15
STEP B
45,882.96
3,823.58
1,911.79
22.06
48,406.56
4,033.88
2,016.94
23.27
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APPE:h"DIX ::,:8/17
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Appendixi~is attached for informational purposes only and is not
subject to Article XIII 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 P\1blic~ 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 conduci veto good, order and
dTscipline, the following guidelines are promulgated:
A.Internal Investigation. Defined. For' the purposes of this
Appendix; the. term II internal investigation" means an,
investigation,: by." or. ' under. theauthori,ty, of . the,Chief of
Police.' ofactivi t'ies" c'ircumstances. or . events; pertaining" to
the' conduct or acts of.aCity law: enforcement employee'. Such
investigation,; shalT 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
s~spected that such conduct cr acts may also or alterna~ive1y
be the basis for discharge, suspension or other discipline of
such employee.
B. ,'Emplovee Advised of Alleqed 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) Commi,tting 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
Po11ce D~partment. 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 bv. 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.
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, ,p.~ ':,Eli1pl'ovee to be Informed in' Wri tinq-Recorded Interviews. In
the, case of, any ,major investigation and before any interview
, ,commences, the employee to be interviewed shall be ,informed
" in ' w'r~ ting of the nature of the investigation including
intormation necessary to reasonably apprise' him/her of the
all~gations of any complaint and (s)he shall be afforded an
opport:unity and facilities to contact and consult privately
'wit~ ;ari attorney of his/her own choosing before being
interviewed.
Such employee may request that. the interview be recorded,
ei ther mechanically' or by a stenographer, and no questions
shall be asked "off the record". Upon request, the e,mployee
under investigation shall be provided an exact copy of any
written statement (s)he has signed and a verbatim transcript
of any interview of such employee.
E. Interviewinq Procedures. Interviews, shall be he'ld 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 Ci ty~
Interviewing shall.be completed within a reasonable time and
shall be", accomplished under, circumstances devoid of
intima.tionorcoercion. 'The employee being .lnterviewedshall
,be entitled" tO,such intermissions as, (s) he shall . request for
personal necessities , meals, telephone cal.ls, 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 Emplovee Prohibited. No employee under
investigation shall, as a guise for obtaining such employee's
'resignation, be falsely threatened wi th 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.
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AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT:
Labor Agreement by and between
The city of Bremerton and Police
Management Association
FOR AGENDA OF: June 20, 1990
ORIGINATING DEPT: Personnel
ORIGINATOR: Caroline Marshall~
DATE SUBMITTED: June 14, 1990
2.
necessary)
3. EXHIBITS:
, Ian
7~11>
Chief
Labor Agreement. .~.~
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APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
COUNCIL PRESIDENT c('~--...- ,J..:i:.~ .,
t/
Kathy
EN~OR~Eg.['1, 'N~~~f(-G~NN []
MAYOR I, ~ L '->q
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4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
This Agreement sets the wages, hours and other terms and conditions
of employment for the Police Management employees for the period '
January 1; 1990 through December 31, 1991. The Agreement has been
~ewritten to make it consistent with the structure of other city
labor agreements. A 5.5% salary increase effective January 1, 1990'
is provided and a 5.5% increase effective January 1, 1991. Health
and Dental Benefits consistent with City policy are included. No
other substantive changes were made.
8. RECOMMENDATION:
It is recommended that, the City Council approve the Agreement and
authorize Mayor Louis Nentor to execute the contract.
. "
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT, OFFICIAL:
EXPIRATION DATE:
REVIEW DATE: '
c. ffrtL~
C. Marshall~ '
" 12/31/91
09/16/91
PULLED [] TABLED []
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
'(1\ \~~ JUN- 2 t> 1990
APPROVl?D,~APPROVED [] AMENDED' [] DATE: 9'0 -/55
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2.~ CLEARANCES COMMENTS:
5. IMPACT OF NON-PASSAGE:
Non-passage would result in a bargaining impasse. RCW 41.56 Impasse
Resolution procedures would begin.
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6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
Budgeted.
7. RESEARCH SOURCES: