HomeMy WebLinkAboutPOLICE MANAGEMENT ASSOC., 1984-1985
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AGREEMENT
BY AND BETWEEN
CITY OF BREMERTON, WASHINGTON
AND
BREMERTON POLICE MANAGEMENT
ASSOCIATION
January 1, 1984 through December 31, 1985
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Article
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
XIII
XIV
XV
XVI
XVII
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TABLE OF CONTENTS
. PREAMBLE
RECOGNITION
APPLICATIONS OF CIVIL SERVICE RULES
CLOTHING & UNIFORM ALLOWANCE
ECONOMIC PROVISIONS
HOURS OF WORK
PENSIONS
FALSE ARREST INSURANCE
PERSONNEL FILES
PERFORMANCE OF DUTY/NO STRIKE
MANAGEMENT RIGHTS
SAVINGS CLAUSE
ENTIRE AGREEMENT
GRIEVANCE PROCEDURE
SPECIAL ASSIGNMENTS
WORKING COMMITTEE
TERM OF AGREEMENT
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Article I. 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 wages, hours,
and other condi tions 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
repre~entative 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 to the BremertonCivil Service Commission by state
law or by ordinance, resolution or laws of or pertaining
to the Ci ty of Bremerton an,d such Commission shall continue
to have primary authority over the subjects within the scope
of its jurisdiction and authority.
Article IV. CLOTHING AND UNIFORM CLEANING ALLOWANCE:
Lieutenant
Section 1. Each Captain/~hall be furnished uniforms as designated
by the Employer. Uniforms shall be replaced on
an as-needed basis as determined by the Police
Department. All uni forms purchased by the Employer
are to be and remain the property of the Employer.
Lieutenant
Section 2. Each Captain~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
Salaries to be paid by the Employer to employees
in the bargaining unit during the period of this
Agreement are set forth in Appendix A of this agree-
ment.
Section 2. Standby Compensation
Lieutenant
Whenever a Captain/I\ is required by the Employer to
.be on-call during off-duty hours, said employee
will receive eight (8) hours of, compensatory leave
for every seven (7) days of standby duty.
Section 3. Longevity Payment
Section 4.
Section 5.
Section 6.
Longevi ty pay, which is a rate of pay based on the
length of continuous service with the Employer,
shall be calculated on the employee's monthly base
salary rate and shall be paid monthly in addition
to base pay as follows:
Length of Continuous Service
Rate per Month
o - 5 years
6 - 10 years
11 - 15 years
16 - 20 years
21 years and over
Sick Leave
0%"
1%
2%
3%
4%
covered by
benefits
this Agreement shall receive
pursuant to established City
Employees
sick leave
policies.
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.
Terminal Leave
The Employer agrees to continue to
leave pursuant to established policy
term of this Agreement, as provided
1813, as amended.
pay terminal
during the
in Ordinance
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Section 7.
Section 8.
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Medical and Dental Benefits
The Employer agrees to continue to provide existing
medical and dental benefi ts during the term of this
Agreement.
Holidays
Employees covered by this Agreement will be allowed
eleven (11) holidays off per year, or if necessary,
eleven (11) days off in lieu of regularly scheduled
holidays. 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 shifts
as may be assigned from time to time by the Employer and
shall be subject to call in any emergency while off duty.
It is further agreed that overtime will be administered
pursuant to the provisions of Ordinance No. 3667, or as
hereinafter amended by the Employer.
Article VII. PENSIONS:
Pensions for employees and Employer contributions to pension
funds will be made by the Employer 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 wi th the terms and cond i tions of
such policy.
Article IX. PERSONNEL FILES:
The Employer agrees to make a reasonable effort in developing
a City-wide policy regarding employee personnel files during
the term of this Agreement. .
Article X. PERFORMANCE OF DUTY/NO STRIKE:
Section 1.
Section 2.
The Union recognizes that the public interest requires
the efficient and uninterrupted performance of
all City services and pledge their 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 to refuse to perform his or her required duties
to the best of his or her abilities.
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,
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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 with
City operations at any of the foregoing or similar
activities shall be subject to immediate discharge.
Article XI. 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 rul~s for the operation
of th~ Department and conduct of the employees,
to discipline, temporarily 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 wi th
the management and oepration 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 cancelled by the Chief of Police or his
designee.
Article XII. SAVINGS CLAUSE:
Should any provisions of this Agreement be found
violation of any federal or state law, City of
Charter, ordinance, regulation or resolution' or
invalid by a court action, all other provisions
Agreement shall remain in full force and effect
duration of this Agreement.
Article XIII. ENTIRE AGREEMENT:
to be in
Bremerton
declared
of this
for the
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 unl imi ted 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.
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Article XIV. GRIEVANCE PROCEDURE:
Section 1. For the purpose of this Agreement, the term
"grievance" is defined 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 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
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 designee within five (5) working
days of the. occurrence. The Chief will review
the matter and take whatever steps 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
resol ved, the employee may fi Ie a wri tten
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 decision to
a determination of the facts and an interpretation
and application of this Agreement.
Article XV. SPECIAL ASSIGNMENTS:
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 he/she will be paid a salary
adjustment commensurate with the additional
dutie~/responsibilities for as long as said
duties/responsibilities are actually performed.
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Article XVI. WORKING COMMITTEE:
The Employer and the Association agree to establish a working
committee to study the concept of a college incentive program
for LieutenanLs and CaptainS covered by this Agreement.
The Committee should be composed of equal representation
and develop a mutually acceptable compromise that addresses
this issue.
Article XVII. TERM OF AGREEMENT:
The terms of this Agreement shall be in effect January 1,
1984 and shall remain in effect up to and including December
31, 1985.
Approved and ratified this
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, 198#. s'
CITY OF BREMERTON
A,it ()~
By ;/)1. i\4rb' ~-..
Morrie G. Dawkins
MAYOR
Attest:
~~Q ~c~
Kathleen L. McCluskey
City Clerk
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APPENDIX I
Appendix I is attached for informational purposes only and is not subject to
Article XIV 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 defined. For the purposes of this
c apter, t e term interna investigation" means an
investigation by or under the authority of the Chief of Police
of activities, curcumstances or events pertaining to the
conduct or acts of a City law enforcement officer. Such
investigation shall be deemed a "criminal iilves'tigation"
where it is suspected that such conduct or acts are or may
be the basis for filing a criminal charge against such officer,
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 officer.
B. Officer advised of alleged misconduct. Every officer who
becomes the subject of an internal investigation shall be
advised at the time of any interview in connection therewi th
that, as the case may be, he is suspected of:
(1) Committing a criminal offense;
(2) Misconduct which would be grounds for termination,
suspension, or other disciplinary action; or that he
may be qualified for continued employment with the police
department. At the time of the interview such officer
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 b~ counsel. Any officer who becomes the subject
of a criminal Investigation may have legal counsel present
during all interviews of such officer. Such representation
by counsel shall be confined to counseling and shall not
be authori ty for any participation by counsel in the
investigation.
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D. Officer to be informed in writin -Recorded interviews. In
t e case 0 any major investigation an e ore any interview
commences, the officer to be interviewed shall be informed
in writing of the nature of the investigation including
information necessary to reasonably apprise him of the
allegations of any complaint and he shall be afforded an
opportunity and facilities to contact and consult privately
with an attorney of his own choosing before being interviewed.
Such officer 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 officer
under investigation shall be provided an exact copy of any
written statement he has signed and a verbatim transcript
of any interview of such officer.
E. Interviewing procedures. Interviews shall be held at a
reasonable hour and preferably when the officer 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
intimidation or coerCIon. The officer being interviewed
shall be enti tIed to such intermissions as he shall request
for personal necessities, meals, telephone calls, 'and rest
periods. All interviewing shall be limited to the conduct
or acts of the officer under investigation which form or
may form the basis for disciplinary action, termination of
employment or the filing of criminal charge.
F. Intimidation of officer prohibited. No officer under
investigation shall, as a guise for obtaining such officer's
resignation, be falsely threatened with dismissal or other
disciplinary action should he refuse to resign, nor shall
he be subjected to abusive language or in any other manner
intimidated or offered promises or reward as an inducement
to answer questions.
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APPENDIX A
POLICE MANAGEMENT BARGAINING UNIT - 1984 RATES
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Effective 1-1-84
Captains
Lieutenants
Effective 1-1-85
Captains
Lieutenants
Base Wage
2846.82
2675.97
2989.16
2809.77
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POLICE MANAGEMENT BARGAINING UNIT - 1984 RATES
Position
%
Hourly
Bi -Weekly
Monthly
Lieutenant 0 15.44 1235.06 2675.97
1 15.59 1247.41 2702.73
2 15.75 1259.77 2729.49
3 15.90 1272 .12 2756.25
4 16.06 1284.47 2783~01
Captain 0 16.42 1313.92 2846.82
1 16.59 1327.06 2875.29
2 16.75 1340. 20 2903.76
3 16.92 1353.33 2932.22
4 17.08 1366.47 2960.69
POLICE MANAGEMENT BARGAINING UNIT - 1985 RATES
Position
%
Hourly
Bi-Weekly
Monthly
Lieutenant 0 16.21 1296.82 2809.77
1 16.37 1309.79 2837.87
2 16.53 1322.76 2865.97
3 16.70 1335.72 2894.06
4 16.86 1348.69 2922.16
Captain 0 17.25 1379.61 2989. 16
1 17.42 1393.41 3019.05
2 17.59 1407.20 3048.94
3 17.76 1421. 00 3078.83
4 17.93 1434.80 3108.73
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L4l(/t'lt~; (Jt:t(.(~i't;n~lJ ./tta;'1~''i,
December 21, 1984
Mr. Dave Hiestand
Personnel Director
239 4th Street
Bremerton, WA 98310
Dear Mr. Hiestand;
On behalf of the Bremerton Police Management Association,
this letter will serve to inform you of our acceptance
of the City's proposal set forth in the Agreement enclosed
herein.
We do require the Bill of Rights to remain in said Agree-
ment. As you previously stated, if it was shown to
exist in other management contracts, you would have
no objection to including it in our contract.
'" / r
~er~~aPl '1
~Y"BUd" MAV , Jr.
Acting Assistant Ch ef
WCM; tlb
enclosure
An Equal E mpioyrnent Opportunity - Affinnative Action Employer
City of Bremerton Police Department, 239 4th St., Bremerton, Washington 98310 - (206) 478 - 5222