HomeMy WebLinkAboutPOLICE MANAGEMENT ASSOC., 1989
e
,-
e
AGREEMENT
BY AND BETWEEN
CITY OF BREMERTON, WASHINGTON
AND
BREMERTON POLICE MANAGEMENT
ASSOCIATION
January 1, 1989 through December 31, 1989
, ,1'
.,
Article
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
Appendix A
e
e
TABLE OF CONTENTS
Page
PREAMBLE
RECOGNITION
APPLICATION OF CIVIL SERVICE RULES
CLOTHING AND UNIFORM ALLOWANCE
ECONOMIC PROVISIONS
HOURS OF WORK
PENSIONS
FALSE ARREST INSURANCE
PERFORMANCE OF DUTY/NO STRIKE
MANAGEMENT RIGHTS
SAVINGS CLAUSE
ENTIRE AGREEMENT
GRIEVANCE PROCEDURE
SPECIAL ASSIGNMENT
ACADEMIC INCENTIVE
TERM OF AGREEMENT
1
1
1
1
2
3
4
4
4
4
5
5
5
6
6
7
e
e
ARTICLE 1. PREAMBLE
This Agreement is between the City of Bremerton, Washington,
(hereinafter referred to as the "Employer") and the Bremerton
Police Management Association, (hereinafter referred to as the
"Association") for the purpose of setting forth the mutual
understanding of the parties as to salary and other conditions of
employment of those employees for whom the Employer has
recognized the Association as the exclusive bargaining
representative.
ARTICLE 2. RECOGNITION
The Employer recognizes the Association as the exclusive
representative for all full-time and regular part-time police
off icers above the rank of sergeant, excluding the Chief of
Police, Assistant Chief of Police, Deputy Chiefs of Police and
all other employees.
ARTICLE 3. APPLICATION OF CIVIL SERVICE RULES AND REGULATIONS
It is expressly understood and agreed that nothing contained in
this Agreement is intended to supersede any matter delegated to
the Bremerton Civil Service Commission by state law or by
ordinance, resolution or laws of or pertaining to the City of
Bremerton and such Commission shall continue to have primary
authority over the subjects within the scope of its jurisdiction
and authority.
ARTICLE 4. CLOTHING AND UNIFORM ALLOWANCE
Section 1. Each employee covered by this Agreement shall be
furnished uniforms as designated by the Employer. Uniforms shall
be replaced on an as-needed basis as determined by the Police
Department. All uniforms purchased by the Employer are to be and
remain the property of the Employer.
Section 2. Each employee covered by this Agreement shall receive
an annual uniform cleaning allowance of two-hundred and fifty
dollars ($250.00) per year. Such allowance shall be payable in
the amount of one-hundred and twenty-five dollars ($125.00)
during the month of January and one-hundred and twenty-five
dollars ($125.00) during the month of July.
Section 3.
event the
independent
become null
It is further agreed between the
Employer secures a cleaning
cleaning company, Section 2 of
and void.
parties that in the
contract with an
this Article will
e
e
ARTICLE 5 - ECONOMIC PROVISIONS
Section 1. Salaries: Salaries shall be paid as follows:
A STEP
B STEP
Lieutenant
Approx. Annual
Approx. Month
Bi-Monthly
$38,375.76
3,197.98
1,598.99
$40,294.54
3,357.88
1,678.94
Captain
Approx. Annual
Approx. Month
Bi-Monthly
41,419.92
3,451.66
1,725.83
43,490.88
3,624.24
1,812.12
Advancement from Step A to Step B shall occur upon the positive
recommendation of the Police Chief and after completion of 24
months of continuance service at Step A. In the event an
employee at Step A is on leave of absence wi thout pay, the
employee's advancement to Step B will be extended by the actual
number of days the employee was absent on such leave.
Section 2. Sick Leave:
receive sick leave
policies.
Employees covered by this Agreement shall
benefits pursuant to established City
Section 3. Vacations:
a. Vacation leave shall be scheduled by the Chief of Police
or his designee, at such time as will least interfere
with the functions and operations of the Department.
b. As provided by Ordinance No. 1813, as amended, annual
vacations with pay shall be earned by eligible employees.
Section 4. Terminal Leave: The Employer agrees to continue to
pay terminal leave pursuant to established policy during the term
of this Agreement, as provided in Ordinance No. 1813, as amended.
Section 5. Medical Insurance: The City shall make medical
insurance coverage available to employees and their dependents
and provide for payment of insurance premiums as follows:
-
e
Washington Physician's Service - Plan B
REGULAR & LEOFF II
Employee 89.99 89.99 -0- Employee
Spouse 100.50 100.50 -0- Employee
1st Dependent 47.67 47.67 -0- Employee
Ea Addt'l Dep 37.88 ea 37.88 ea -0- Employee
Section 5.1 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
insurance premiums as follows: The Ci ty shall pay $20.50 per
month for employee only dental insurance coverage; $38.79 per
month for employee plus one dependent dental insurance ~overage;
and $61.40 per month for employee plus two or more dependents
coverage.
Section 5.2 Alteration of Insurance Benefits: The City intends
to evaluate alternative insurance benefi t policies during the
term of this Agreement. The City will continue to pay the full
premiums for employees and their dependents of exisfing health
and dental insurance polices provided through the Association of
Washington Ci ties Employee Benef i t Trust for as long as the
existing plans are in effect. New, replacement and/or
continuance of current insurance benefits and policies and the
City's premium contributions for employees and their dependents
will be renegotiated with the Association as soon as appropriate
information resulting from the City I S evaluation of insurance
benefits is available.
Section 6. Holidays: Paid holidays shall be earned and
administered as provided in Ci ty Ordinance. The following are
the recognized holidays and these days shall be granted as paid
holidays to employees under this Agreement:
New Years' Day
Martin Luther King's Birthday
Presidents' Day
Memorial Day
Independence Day
One (1) Floating Holiday
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas
The Chief of Police or his designee will have sole
discretion in administering this provision.
ARTICLE 6 - HOURS OF. WORK
Employees covered by this Agreement shall work such
required by the Employer and shall be subject to
emergency purposes at any time.
times as
call for
e
e
ARTICLE 7 - PENSIONS
Employee and Employer contributions to pension funds will be made
by the Employer to the applicable pension fund in accordance with
Washington State statutes.
ARTICLE 8 - FALSE ARREST INSURANCE
During the term of this Agreement, the Employer will maintain a
false arrest insurance policy in effect with coverage thereunder
in accordance with the terms and conditions of such policy.
ARTICLE 9 - PERFORMANCE OF DUTY/NO STRIKE
Section 1. The Association recognizes that the public interest
requires the efficient and uninterrupted performance of all City
services and pledges its best efforts in avoiding or eliminating
any conduct contrary to this objective. Nothing in this
Agreement shall be construed to grant an employee the right to
strike or refuse to perform his/her required duties to the best
of his/her abilities.
Section 2. During the term of this Agreement, the Association
and those employees covered by this Agreement, shall not cause,
engage in or sanction any work stoppage, strike, walkout, sit-
down, stay-in, slow-down, sick-in, curtailment of work, or any
picketing, patrolling, demonstration or any other form of similar
individual or group activi ty or interference wi th City
operations. Any of the foregoing or similar activities shall be
subject to immediate discharge.
ARTICLE 10 - MANAGEMENT RIGHTS
Section 1. Any and all rights concerned with the management and
operation of the Police Department are exclusively that of the
Employer. The Employer has the right, among other actions, to
adopt rules for the operation of the Department and conduct of
the employees, to discipline, to layoff or discharge employees,
to assign work and determine duties of employees, to schedule
hours of work, to determine number of personnel . to be assigned
duty at any time, to determine and introduce new work methods or
facili ties to increase productivi ty, to contract for goods and
services for operation of the Department and to perform all of
the functions concerned with the management and operation of the
Department.
Section 2. The Association recognizes and expressly agrees that
the City of Bremerton Police Department policies, procedures, and
practices shall continue unless changed or canceled by the Chief
of Police or his/her designee.
.-
e
e
ARTICLE 11 - SAVINGS CLAUSE
Should any provisions of this Agreement be found to be in
violation of any federal or state law, City of Bremerton Charter,
ordinance, regulation or resolution or declared invalid by a
court action, all other provisions of this Agreement shall remain
in full force and effect for the duration of this Agreement.
ARTICLE 12 - ENTIRE AGREEMENT
Section 1. The Agreement expressed herein in writing constitutes
the entire Agreement between the Employer and the Association and
no oral agreement, understanding or statement shall add to or
supersede any of its provisions.
Section 2. The parties to this Agreement acknowledge that each
has had the unlimited right and opportuni ty 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 Employer 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 during the term of this Agreement.
ARTICLE 13 - GRIEVANCE PROCEDURE
Section 1. For the purpose of this Agreement, the term
"grievance" is def ined as I an alleged violation in the
interpretation or application of the specific provisions of this
Agreement I .
Sec.tion 2.
a. Any alleged grievance shall be taken up first with the
Chief of Police or his/her designee wi thin five (5)
working days of the occurrence. Every effort will be
made to reach a resolution of the grievance at this
stage. However, if no satisfactory resolution is
reached the following will apply.
b. The employee will reduce to written form his/her
grievance stating the specific section or provision of
the Agreement alleged to be violated and explain the
grievance in detail. The employee shall present the
wri tten grievance to the Chief of Police or his/her
designee within five (5) working days of the occurrence.
The Chief will review the matter and take whatever step
(s)he deems necessary to resolve the matter. The Chief
will provide a written response within five (5) days of
receipt of the written grievance.
e
e
c. In the event the matter is not satisfactorily resolved,
the employee may file a written statement to the Public
Employment Relations Commission requesting that an
arbitrator be assigned to hear the matter. The decision
of the arbitrator shall be final and binding.
d. Any costs associated with the arbitration hearing will
be borne by the party incurring them.
e. The arbitrator shall have no authority to alter in any
way the terms and conditions of this Agreement, and
shall confine his/her decision to a determination of the
facts and an interpretation and application of this
Agreement.
ARTICLE 14 - SPECIAL ASSIGNMENTS
Section 1. Whenever an employee covered by this Agreement is
assigned for a period of sixty (60) days or more by the Employer
via written directive to perform all or a part of the duties and
accept all or a part of the responsibilities of a higher position
classification, (s)he will be paid a salary adjustment
commensurate wi th the additional duties/responsibili ties for as
long as said duties/responsibilities are actually performed.
Section 2. There shall be established a Police Management
Academic Committee composed of the following:
a.
Two (2) representatives designated by the
Chief of Police.
Bremerton
b. Two (2) representatives designated
Bremerton Police Management Association.
by
the
The Police Management Academic Committee shall meet as
required to decide issues raised by the membership.
ARTICLE 15 - ACADEMIC INCENTIVE
Section 1. It is agreed to recognize the job related value of
academic achievement efforts when employees are pursuing college
degrees.
Employees covered by this Agreement engaged in the pursuit of
ei ther undergraduate or graduate d~grees related to the Law
Enforcement profession shall receive limited tuition assistance
if they meet the following guidelines:
a. Tuition assistance is limited only to those courses
related to Law Enforcement subjects and matriculation is
in a state college or university in the State of
Washington (i.e., Washington University, Central
Washington University, Olympic College, etc.).
e
-
b. The City will pay $60.00 per quarter unit or $90.00 per
semester unit to a maximum of 10 units for course
registration fees only.
c.
Only full-time
Bremerton Police
assistance.
employees in good standing
Department are eligible for
in the
tuition
d. Tuition Assistance shall continue as long as a grade of
C or better is maintained.
e. The Police Management Academic Committee shall have the
authori ty to terminate tuition assistance if cause is
shown.
ARTICLE 16 - TERM OF AGREEMENT
The terms of this Agreement shall be in effect January 1, 1989
and shall remain in effect up to and including December 31, 1989.
Approved and ratified this
\
day of ",^-o..."..,,~
, 1989.
CITY OF BREMERTON
.BY V~ ~
~e Lobe, Mayor
d
ATTEST:
~~~
~c~
Kathleen L. McCluskey
'City Clerk
~lJ1~
Caroline Marshall
Director of Personnel
e
e
APPENDIX A
Appendix A is attached for informational purposes only and is not
subject to Article XIII of the Agreement.
POLICE OFFICERS I 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 Bremertbn 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 II 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 IIcriminal 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 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
D. Emplovee to be Informed in Writinq-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 apprise 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,
ei ther mechanically or by a stenographer, and no questions
shall be asked "off the record". Upon request, the employee
under investigation shall be provided an exact copy of any
written statement (s)he has signed and a verbatim transcript
of any interview of such employee.
E. Interviewing 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 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.
SUBJECT:
BREMERTON CITY COUNCIL
. ~ .
BREMERTON POLICE MANAGEMENT
ASSOCIATION AGREEMENT
FO.GENDA OF:
ORIGINATING DEPT:
ORIGINATOR:
DATE SUBMITTED:
3-1-77
g.~
Personnel
C. M~
2-16-89
=
=~.........._..........~..............._.....................................................a=
. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS:
City
Agreement
City Treasurer
ENDORSEMENT /-JI INFORMATION L::7
MAYOR
APPROVED BY COUNCIL B
COUNCIL PRESIDENT
s
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 through December 31, 1989. This
Agreement replaces existing Agreement between the City and Bremerton Police Management
Association and provides for a 3.5% salary increase effective January 1, 1989. Changes
in Agreement consistofelimin~tion of longevity payment replaced with a 2-Step Plan~
RECOMMENDATION:
It is recommended that the City Council approve the Agreement and authorize Mayor Gene
Lobe to execute the contract.
9. RESPONSIBLE OFFICIAL:~'G.. Marshall
ENFORCEMENT OFFICIAL: C. Marshall
EXPIRATION DATE: 12-31-89
REVIEW DATE: I-U~-~~
_==aaa~aaa~..s_.a.&.a~.aaa_..~~.a.s~a.am===~a.a~.:a==ama~.a..._..a....~..._._a~~~zaa..~&Q=_a~~.
PULLED
(,OUNOl 10. NOTICE OF ACTION
L::7 TAIlL~f~hOVED ~APPROVED DAMENDED 0 DATE:
MAR 1
1989
COUNCIL DIRECTIVE:
~-\.~ ~
~~
C-~ \(~
\'~~
c... L ~ ~ ~~ ~\e..
AGENDA PREPARATION & USE INSTRUCTIONS
~~fer to Policy & Procedure Manual
. G~neral Administration U2-4
11. AGENDA BILL No.:
~8~q~035
(OVER)
[~