HomeMy WebLinkAboutPOLICE MANAGEMENT ASSOC., 1986-1988
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AGREEMENT
BY AND BETWEEN
CITY OF BREMERTON. WASHINGTON
AND
.r,,-BREMERTON POLICE MANAGEMENT)
"'----.---__._".________"." _._.__ _ ..h" .
ASSOCIATION
(
January 1. 1986 through June 30. 1988
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Article
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
XIII
XIV
XV
XVI
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TABLE OF CONTENTS
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
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ARTICLE I -PREAMBLE
This Agreement is between the Ci ty 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 II - RECOGNITION
The Employer recognizes the Association as the exclusive
representative for all full-time and regular part-time police
officers above the rank of sergeant, excluding the Chief of
Police, Assistant Chief of Police, Deputy Chiefs of Police and
all other employees.
ARTICLE'III - 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 t6
the Bremerton Civil Service Commission by state law or by
ordinance, resolution or laws of or pertaining to the Ci ty of
Bremerton and such Commission shall continue to have primary
authority over the subjects within the scope of its jurisdiction
and authority.
ARTICLE IV - 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. It is further agreed between the parties that in the
event the Employer secures a cleaning contract with
an independent cleaning company, Section 2 of this
Article will become null and void.
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ARTICLE V - ECONOMIC PROVISIONS
Section 1. Salaries
Employees covered by this Agreement shall be
considered "Exempt" Administrative employees as
def ined in the Fair Labor Standards Act (29. C. F. R. )
SEC 541.201 and therefore paid a monthly salary vice
hourly pay. The provisions of FLSA shall apply as it
relates to salary. Salary rates are set forth in
Appendix B.
Section 2. Longevity Payment
Longevity pay, which is a rate of pay based on length
of continuous service wi th the Employer, shall be
calculated on the employee's monthly base salary rate
and shall be paid monthly in addition to base pay as
shown below. Rates are set forth in Appendix C.
Length of Continuous Service
Rate per Month
0%
1%
2%
3% , \
4%
o 5 years
6 - 10 years
11 - 15 years
16 20 years
21 years and over
Section 3. 'Sick Leave
Employees covered by
sick leave benefits
policies.
this Agreement shall receive
pursuant to established City
Section 4. 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 wi th pay shall be earned by
eligible employees.
Section 5. 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.
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Section 6. Medical and Dental Benefits
The Employer agrees to continue to provide existing
medical and dental benefits to employees during the
term of this Agreement. Dependent premiums will be
paid and all dependents will be converted to the AWC
Medical Trust B Plan effective January 1, 1987.
Section 7. Holidays
Paid holidays shall be earned and administered as
provided in City 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 Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
The Day after Thanksgiving
Christmas
One (1) Floating Holiday
The Chief of Police or his designee will have sole
discretion in administering this provision.
ARTICLE VI - 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
ARTICLE VII - 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 VIII - 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.
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ARTICLE IX - PERFORMANCE OF DUTY/NO STRIKE
Section 1..:.. The Association r.ecognizes 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 activity or interference
wit~ City operations. Any of the foregoing or
similar activities shall be subject to immediate
discharge.
ARTICLE X - MANAGEMENT RIGHTS
Section 1. Any and all rights concerned with the management and
operation of the Police Department are exclusively
that of the Employe~. 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
facilities to increase productivity, 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.
ARTICLE XI - 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.
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ARTICLE XII - 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 opportunity to make
proposals with respect to any matter deemed a proper
subject for collective bargaining. The results of
the exercise of that right are set forth in this
Agreement. Therefore, the 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 XIII - GRIEVANCE PROCEDURE
SECTION 1. For the purpose of this Agreement, the term
"grievance" is def ined as 'an alleged violation in
the interpretation or application of the specific
provisions of this Agreement'.
Section 2. a. Any alleged grievance shall be taken up first
with the Chief of Police or his/her designee
within 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 written grievance to
the Chief of Police or his/her designee wi thin
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.
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.
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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/he.r decision to
a determination of the facts and an
interpretation and application of this Agreement.
ARTICLE XIV - 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:
Section 1.
a. Two (2) representatives designated by the
Bremerton Chief of Police.
b. Two ( 2) representatives designated by the
Bremerton Police Management Association.
The Police Management Academic Committee shall meet
as required to decide issues raised by the
membership.
ARTICLE XV - ACADEMIC INCENTIVE
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It is agreed to recognize the
academic achievement efforts
pursuing college degrees.
job related value of
when employees are
Employees covered by this Agreement engaged in the
pursui t' of either undergraduate or graduate degrees
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.)
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b. Employer I s responsibility is li.mi ted to course
registration fee only.
c. Only full-time employees in good standing in the
Bremerton Police Department are eligible for
tuition assistance.
d. Tui tion Assistance shall continue as long as a
grade of C or better is maintained.
e. The Police Management Academic Commi ttee shall
have the authority to terminate tuition
assistance if cause is shown.
ARTICLE XVI - TERM OF AGREEMENT
The terms of this Agreement shall be in effect January 1, 1986
and shall remain in effect up to and including June 30, 1988.
Approved and ratified this
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,. 1986.
CITY OF BREMERTON
B~~
GE LOBE, Mayor
ATTEST:
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Kathleen L. McCluskey
City Clerk
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APPENDIX A
Appendix A ~s 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 public. Of these contacts come many
questions concerning the actions of members of the force. These
questions often require immediate investigation by superior
officers designated by the Chief of the Bremerton Police
Department. In an effort to insure that these investigations are
conducted in a manner which is conducive to good order and
discipline, the following guidelines are promulgated:
A. Internal Investiqation Defined. For the purposes of this
Appendix, the term "internal investigation" means an
investigation by or under the authority of the Chief of
Police of activities, circumstances or events pertaining to
the conduct or acts of a City law enforcement employee. Such
investigation shall be deemed a "criminal investigation"
where it is suspected that such conduct or acts are or may be
the basis for filing a criminal charge against such employee,
and shall be deemed a "major investigation" where . it is
suspected that such conduct or acts may also or alternatively
be the basis for discharge, suspension or other discipline of
such employee.
B. Employee Advised of 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) Committing a criminal offense;
(2) Misconduct which would be grounds for termination,
suspension, or other disciplinary action; or that (s)he
may be qualified for continued employment with the
Police Department. At the time of the interview such
employee shall also be informed of the name of the
officer in charge of the investigation and the name of
the officer who will be conducting the interview.
C.' Representation by Counsel. Any employee who becomes the
subject of a criminal investigation may have legal counsel
present during all interviews of such employee. Such
representation by counsel shall be confined to counseling and
shall not be authority for any participation by counsel in
the investigation.
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D. Employee 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,
either' mechanically or by a stenographer, and no questions
shall be asked "off the record". Upon request, the employee
under investigation shall be provided an exact copy of any
written statement (s)he has signed and a verbatim transcript
of any interview of such employee.
E. Interviewinq Procedures. Interviews shall be held at a
reasonable hour and preferably when the employee to be
interviewed is on duty unless the exigencies of the interview
indicate otherwise. Whenever possible, interviews .shall be
scheduled during the normal work day of the City.
Interviewing shall be completed within a reasonable time and
shall be accomplished under circumstances devoid \ of
intimation or coercion. The employee being interviewed shall
be entitled to such intermissions as (s)he shall request for
personal necessities, meals, telephone calls, and rest
periods. All ~nterviewing 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.
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APPENDIX B
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POLICE MANAGEMENT BARGAINING UNIT 1986-88 SALARY RATES
Effective January 1, 1986
Captains
Lieutenants
$2989.16/mo.
2809.77/mo.
Effective January 1, 1987
Captains
Lieutenants
$3108.72/mo.
2880.25/mo.
Effective July 1, 1987
COLA Adjust
Seattle CPI (W) (6 month average)
Effective January 1, 1988
Captains
Lieutenants
$3233.04/mo.
2952.26/mo.
COLA Adjust
Seattle CPI (W) (6 month average) .
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1988 RATES
POSITION ~ SALARY
Lieutenants 0 2952.26
1 2981.78
2 3011. 30
3\ 3040.82
4 3070.35
Captains 0 3233.04
1 3265.32
2 3247.70
3 3330.31
4 3362.36
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APPENDIX C
POLICE MANAGEMENT ASSOCIATION
LONGEVITY TABLES
1986 RATES
POSITION ! SALARY
Lieutenant 0 $2809.77
1 2837.87
2 2865.97
3 2894.06
4 2922.16
Captain 0 2989.16
1 3019.05
2 3048.94
3 3078.83
4 3108.73
1987 --RATES
POSITION ! SALARY
Lieutenant 0 2880.25
1 2909.05
2 2937.85
3 2966.65
4 2995.46
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Captain 0 3108.72
1 3139.80
2 3170.89
3 3201.98
4 3233.06
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Ci (y'" oj BrClllcrtol1.
239 FOURTH STREET
-BREMERTON, WASHINGTON 98310
(206) 478 - 5252
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MA YOR GENE LOBE
December 3, 1986
TO:
Rich Hanna/City Treasurer ~
Dave Hiestand/Director of personnel~
FROM:
SUBJ:
Bremerton Police Management Association
1987 Salary Increases
The attached listing of salary changes effecting Police Captains
and Lieutenants is a result of City Council acceptance of their
contract on December 3, 1986.
Please insure that pay increases occur on January 1, 1987
according to the pay tables and adjust for longevi ty of each
particular officer. The mid-year CPI adjustment will be computed
in July (previous six month Seattle CPI (w) average) and will be
~ddressed in the August, 1987 paychecks.
If you have questions with regard to this matter, please contact
this office.
DEH/lj
Gateway to the OIYII/pies and Home of the Puget Sound Naval Shipyard
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APPENDIX 8
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POLICE MANAGEMENT BARGAINING UNIT 1986-88 SALARY RATES
Effective January 1, 1986
Captains
Lieutenants
$2989.16/mo.
2809.77/mo.
Effective January 1, 1987
lJ;"Capt.1ns';:,'.::$3108 /12/mo.:
~~Iaeut'enan:ts', " '<~;2880 ~25/mo~;
Effective July 1, 1987
COLA Adjust
Seattle CPI (W) (6 month average)
Effective January 1, 1988
Captains
Lieutenants
$3233.04/mo.
2952.26/mo.
COLA Adjust
Seattle CPI (W) (6 month average)
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APPENDIX C
POLICE MANAGEMENT ASSOCIATION
LONGEVITY TABLES
1986 RATES
POSITION ! SALARY
Lieutenant 0 $2809.77
1 2837.87
2 2865.97
3 2894.06
4 2922.16
Captain 0 2989.16
1 3019.05
2 3048.94
3 3078.83
4 3108.73
1987 RATES
POSITION
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1
2
a
"
SALARY
Lieutenant
~~:8'~O'. ~2.5_ .,
tz;"29'09.06
~k2~9~1 ..85
;!966~: 5
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ti995,,'.6
Captain
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2
3
.
,,;r08:~:12
~3139 . '80
tjj3110 .89
\i!~2Pl..98
":.3233.:06. ".
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1988 RATES
POSITION ~ SALARY
Lieutenants 0 2952.26
1 2981.78
2 3011.30
3 3040.82
4 3070.35
Captains 0 3233.04
1 3265.32
2 3247.70
3 3330.31
4 3362.36