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HomeMy WebLinkAboutPOLICE MANAGEMENT ASSOC., 1990-1991 .,~ e e r <:~~ /' 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 i 5 6 8.10 8.11 7 e e 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 ii e e 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. iii - e 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. -1- 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. 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: -2- - e "- 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- e e 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. -4- - e 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. -5- '- e 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. -6- ,e - 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- e e 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 -0- -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 -8- -0- -0- -0- -0- -0- Employee Employee Employee Employee Employee e ,e 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. -9- e e 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- e e. 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- e - 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. -12- e - 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. -13- e 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 I~ day of ~ . 199~ CITY OF BREMERTON: ATTEST: ~L~'. ~(JJ...~ Kathleen McCluskey, City Clerk ~ORM: Ian R. Sieve:, City Attorney -14- e WAGE RATES e 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 . ' e -~ " ..... ., <I ,. :::f' e e e ~. "~ APPE:h"DIX ::,:8/17 -~ 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. ,.- .' e e e . . , . . . . , ,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. ,r e -,} .' J' 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. .~.~ ~ , , )5) " --" , - - 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 . - 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 ~b~, ~"'-- S\~:---,:;:-_ ~~"'- ') <-'- p,,,,::> ~"'->...""'\, ,~, I '" _ _ '__~_~j ,", ~c.. ~~ " " ". <:c:... r ~ (\0."..~ A~C;6 c-: ~ e e 2.~ CLEARANCES COMMENTS: 5. IMPACT OF NON-PASSAGE: Non-passage would result in a bargaining impasse. RCW 41.56 Impasse Resolution procedures would begin. - 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Budgeted. 7. RESEARCH SOURCES: