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HomeMy WebLinkAboutPOLICE MANAGEMENT ASSOC., 1983 ( " ' e ~~[ . ~'." AGREEMENT BY AND BETWEEN CITY OF BREMERTON, WASH INGTON AND BREMERTON POLICE MANAGEMENT ASSOCLL\TION e . ~' Janua ry I, 1983 through December 31, 1983 " I, . '., --r.riP 1~'~ , e : .e TABLE OF CONTENTS -,......----.....,----.....---.....---- Article P 'lg~ I PREAMBLE 1 II RECOGN IT ION . 1 III APPLICATIONS OF CIVIL SERVICE RuLES 1 IV CLOTHING & UNIFORt1 ,f1.LLOWANCE 1 V ECONOMIC PROVISIONS 1 VI I-lOURS OF WORK 3 VII PENS IONS 3 VIII FALSE ARREST INSURANCE 3 IX PERSONNEL FILES 3 X PERFORMANCE OF DUTY/NO STRIKE 3 XI MANAGEMENT RIGHTS 3 XII SAVINGS CLAUSE 4 XI II ENTIRE AGREEMENT 4 XIV GRIEVANCE PROCEDURE 4 XV SPECIAL ASSIGNMENTS 5 XVI WORKING COMMITTEE 5 XVII TERM OF AGREEMENT 5 e e:. \1.... .. :J,' *'.; . Article I. PREAMBLE: This Agreement is between the City of Bremerton, Washington (hereinafter referred to as the IlEmployerll) and the Bremerton Police Management Association, (hereinafter referred to as the IlAssociationll) for the purpose of sett"ingfdrth the mutual understanding of the parties as to wages, hourss 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 Po;lice, 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 Brernerton 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. Artie-Ie IV. Sect-ion 1. Section 2. Section 3. Article V. Sect -j on 1.. CLOTHING AND UNIFORM CLEANING ALLOWANCE: Each Captain 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 rerna"in the plnoperty of the Employer. Each Captain shall receive an annual uniform cleaning allowrince 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) dur-ing the month of January and one-hundred and twenty five doll ars ($125.00) during the month of July. It is further agreed between the parties that in the event the Employer secures a cleaning contract with an independent c"leaning company, Section 2 of this Article will become null and void. ECONOMIC PROVISIONS: --..,- Salaries Effective July I, 1983 Captain's salaries shall be increased to $2791. 00 per month. Lieutenant's sa 1 ari es sha 11 be increased to $2623.50 per month effective October 1, 1983. -1- e .e Section 2. Standby ~~~ensation Whenever a Captain 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. Lo~evity Payment Longevity 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 Continuo~2__Service 0-5 yearS 6-10 years 11-15 years 16-20 years 21 years and over Ra~er Month 0% U 2% 3% 4% Section 4. Sick Leave ---.--- Employees covered by this Agreement shall receive sick leave benefits pursuant to established City policies. Section 5. Vacations (a.) Vacation leave shan 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 py'ovided by Ordinance No, 1813, as amended, annual vacat'ions with pay shall be earned by eligible employees. Section 6. Terminal Leave The Employer agrees to continue to pay terminal leave pursuant to estab 1 i shed po'J icy duri ng the term of thi 5 Agreement, as provided in Ordinance 1813, as amended. Section 7. Medical and Dental Benefits The Employer agrees to continue to provide existing medical.- and dental benefits dtiring the term of this Agreement. Section 8. Ho 1 i ~ays Emp 1 oyees covered by thi s Agreement wi 11 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 desginee will have sole discretion in administering this provision. -2.- e -e 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 ca 11 in any emergency whil e off duty. It is further agreed tha t overtime will be adm"inistered pursuant to the provisions of Ordi nance No. 3667 or as hereinafter amended by the Employer. Article VII. PENSIONS: Pensions for employees and EmployeT contributions to pension funds wi 11 be made by ~the Emp 1 oyer in accordance wi th t~as hi ngton Sta te statutes. Article VIII.. FALSE ARREST INSURANCE: Ouri ng the term of thi s Agreement the Employer will mai nta i n a false arrest insurance policy in effect with coverage thereunder in accordance with the terms and conditions of such policy. Article IX. PERSONNEL FILES: The Employer agrees to make a reasonable effort in developing a City-\vide po'licy regarding employee personnel files during the term of th-j s Agreement. ,1\rti cle X. Section 1. Section 2. PERFORt1ANCE .91..Jll!TY /~~_ STR I K~: 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 eliminatinq any conduct contrary to th-is 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 thi s ll,greement 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 p-icketing, patrolling, demonstration or any other form of similar individual or group activity or interference w"ith 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 ri ghts concerned v-lith the management and operati on 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, 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 oroductivity, to contract for goods -3- e 'e 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 cancelled by the Chief of Police or his designee. Article XII. SAVINGS CLAUSE: Should any provisions of this Agreement be found to be in violation of any federal or state 1 aw, City of Bremerton Chartey', ordi nance, 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 XIII. ENTIRE AGREEMENT: Section 1. Section 2. Article XIV. Section 1. Section 2. 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. The parties to this Agreemerit 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. GRIEVANCE PROCEDURE: 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. (a.) Any alleged grievance shall be taken up f'irst with the Chief of Police or his designee within five (5) working days of the occurance. 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 prov'ision 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 designee within five (5) working days of the occurance. 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. -4- l' e e (c.) In the event the matter is the employee may file a written Employment Relations Commission be assigned to hear the matter. shall be final and binding. (d.) Any costs associated with the arbitration hearing will be borne by the party incurring them.. not satisfactorily resolved statement to the Public requesting that an arbitrator The decision of the arbitrator (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 Agreemerit 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 the responsibilities of a higher position classification he/she will be paid a salary adjustment commensurate with the additional duties/ responsibilities for as long as said duties/responsibilities are actually performed. 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 Lieutenants and Captains covered by this Agreement. The Committe should be composed of equal representation and develop a mutually acceptable compromise that addresses this issue. Article XVII. TERM OF AGREEMENT: The terms of thi s Agreement shall be in effect Januaryq, 1983 and shall remain in effect up to and including December 311 1983. CITY OF BREMERTON <---/~)'i // l,4~..._,,\~.J/,-/ , 1984. BRE1'IER]O: iL:C E _ MAN~GSr~SSOC I~;l1! //"':::;;:,X 5&.;J~' j-,i, ~ JI,N>(~\ ,0 I ~/( /j,/r,f'~. --i,'rJ, 8(-____/ -1J.,.l-?. >I v ;- I. \~ ,:;;t::)/ 11 1,./ 'taptaJl W i son, ,k- :~~~~-)~~ ! '-[~,0 / 13 / I " :{ , \ I ". , . t( IiJ/'-~--- .. ~fr(~T~~Ptaitn "JG.Jeth : ~-ff~ ltd / A d d t. f 0 d . h OJ () /-1 ' d o-f pprave an ra 1 1e t 15 !~:~~ ay By /"/3//,,,'-~7:'. 1-:1(/~~~(,;~;;;'e.'~,' Morrfe' G. Dawk i ns;- Mayor--~ Attest: --~~~ Q~~-- Kathleen L. McCluskey -. ,. --~Jr Ci ty C1 erk -5- e e APPENDIX I Appendix I is attached for informational purposes only and is not subject to Article XIV of the Agreement. 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.. Inter!1~LiYlYJ2,?JiMjj9l!..-define9_. For the purposes of this chapter, term "internal investigation" means an investigation by or under the lal1thority of the Chief of Police of activHies, circumstances or events pertaining to the conduct or acts of a City law enforcement officer. Such investigation shall be deemed a "criminal investigation" where it is suspected that s~ch conduct or acts are or may be the basis for filing a criminal charge against such office~, 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. Q!fj_~_~I:39yi_seQ-2.L_~lJs~5L~_SL!Di sconst~,g~1-. Every offi cer 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, he is suspected of: (1.) Committing a criminal offense: (2.) Misconduct which would be grounds for termination, suspension, Oln 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 by counsel. Any officer who becomes the subject of a c-rTinfnaTInVesffga-tlc)n my-have legal counsel presentduring all interviews of such officer. 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. Pf(i cer to _2~iD}onned ir wr.it i.l'lli::Becorded i ntervi ews. In the case of any major investigation and before any intervlew commences, the officer to be interviewed shall be informed in writing of the nature of the investigationinc-Iuding 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 cory of any written statement he has signed and a verbatim transcript of any interview of such officer. E. J._nter:.~j_ev0.,!J,9.J2!o..f.~d~J>_. Intervie\'ls shall be he-lid at a reasonable hOUl' and preferably when the officer to be interviewed is on duty unless the ixigencies of the interview indicate otherwise. Whenever possible interviews shall be scht~duled during the normal work day of the City. Interviewing shall be completed within a reasonable time and shan be accomplished under circumstances devoid of intimidation or coercion. The officer being interviewed shall be entitled to such intermissions as he shall request for personal necessities, meals, telephone calls, and rest periods. All interviewing shall be limited in scope to activities, circumstances or events which pertain to the conduct or acts of the officer under investigation which form or may form the basis foY' disciplinary action, tey'mination of employment or the filing of criminal charge. F. Intimidation of officer prohibited. No officer under investigation shaTT;-as-a-guTse----ror--05tainlng---"such officer1s resignation, be falsely threatened with dismissal or other disciplinary act-ion should he refuse to resign, nor shall he be subjected to abusive language or ln any other manner intimidated or offered promises or reward as an inducement to answer questions. , ~' .. ,. I e POLICE MANAGEMENT BARGAINING UNIT - 1983 RATES Effective 7-1.-83 Captains Effective 10-1-83 Lieutenants Base Waige $2791. 00/16.10 $2623.50/15.14 1% 16.26 15.29 e 2% 16.42 15.44 3% 16.58 15.59 4% ' 16.75 15.74