HomeMy WebLinkAboutPOLICE MANAGEMENT ASSOC., 1982
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AGREEMENT
BY AND BETWEEN
CITY OF BREMERTON, WASHINGTON
AND
BREMERTON POLICE MANAGEMENT
ASSOCIATION
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Article I. PREAMBLE:
This Agreement is between the City of Bremerton, Washington
(hereinafter referred to as the IIEmployer") and the Bremerton
Police Management Association, (hereinafter referred to as the
IIAssociationll) for the purpose of setting forth the mutual
understanding of the parties as to wages, hours, 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:
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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 Commi ss'j on shall conti nue to have primary authority over the
subjects within the scope of its jurisdiction and authority.
Article IV. CLOTHING AND UNIFORM CLEANING ALLOWANCE:
Section 1. 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 remain the property of
the Employer.
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
Section 2.
Section 3.
Section 4.
Section 5.
Effective January 1, 1982 the monthly base salary rate for
employees covered by this Agreement will be $2506.18.
In recognition of a base salary disparity between employees
covered by this Agreement and the average prevailing base
salary wHhin the industry, for comparable employers and
positions with similar responsibility factors, the Employer
agrees that effective July 1, 1982, employees will be paid
an additional fifty dollars ($50.00) per month for the
sole purpose of reducing this salary dispar'ity during the
term of this Agreement.
Standby Compensation
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.
Longevity 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:
,
~~~ of Continuous Service
0-5 years
6-10 years
11- 1 5 years
16-20 years
21 years and over
Rate. per Month
00/
10
1%
2%
3%
4%
Sick Leave
Employees covered by this Agreement shall receive sick
leave benefits pursuant to established City 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 1813, as amended, annual vacations
with pay shall be earned by eligible employees.
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Article V. (continued)
Section 6. 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 1813, as amended.
Section 7. Medical and Dental Benefits
The Employer agrees to continue to provide existing
medical and dental benefits during the term of this
Agreement.
Section 8. 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 with the terms and conditions 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 thi s Agreement.
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Article X. PERFORMANCE OF DUTY/NO STRIKE:
Section 1. 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.
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
with City operations at any of the foregoing or similar
activities shall be subject to immediate discharge.
Article XI. MANAGEMENT RIGHTS:
Section 1.
Section 2.
Art i c 1 e X I 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, 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 with the manacement
and operation of the Department.
The Association recognizes and expressly agrees that
City of Bremerton Police Department policies, procedures,
and practices shall continue unless changed or cancelled
by the Chief of Police or his designee.
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 XIII.
Section 1.
Section 2.
Article XIV.
Section 1.
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ENTIRE AGREEMENT:
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 prtivisions.
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. Therecore,
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. thi s Agreement the term gl~i evance 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 occurance. Every effort will be made to
reach a resolution of the grievance at this stage.
Hm'lever, if no satisfactory resolution is reached
the following will apply.
(b) The employee win reduce to written form his grievance
stating the specific section or provision of the
Agreement alleged to be violated and exp.'ain 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.
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(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 decision to a determination of the facts and an inter-
pretation and application of this agreement.
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Article XV. SPECIAL ASSIGNMENTS:
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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
classificat"ion 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. TERM OF AGREEMENT:
The terms of this Agreement shall be in effect January 1, 1982
and shall remain in effect up to an including December 31, 1982.
Dated and signed this Il~ay of 'tJ;y , 1982.
FOR THE CITY OF BREMERTON:
By
Gene Ie l' on, Nayar nd
Commissioner of Public
Health and Safety
By
Robet~t B. Stewart, Commissioner
of Finance and Accounting
By
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L~_/Tom 'Swa:nson, Comm; ss i oner
of Public Works and Utilities
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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 off-
icers 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 investigation defined. For the purposes of this
chapter, the term "internal investigation" means an investi-
gation 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 officer. Such investiga-
tion 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 officer,
and shall be deemed a "major investigation'l where it is
suspected that such conduct or acts may also or aternatively
be the basis for discharge, suspension or other discipline
of such offi cer. '
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 there-
with that, as the caseTIay 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 employement 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.
Representa ti on by counseL Any offi cer 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
authority for any participation by counsel in the investigation.
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D. Officer to be informed in writing-Recorded interviews. In the
case of any major investigation and before any interview
commences, the officer to be interviewed shall be informed
in writing of the nature of the investigation including in-
formation necessary to reasonably apprise him of the alle-
gations of any complaint and he shall be afforded an opport-
unity 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 inter-
viewed 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. Inter-
viewing shall be completed within a reasonable time and shall
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, cir-
cumstances or events which pertain to the conduct or acts
of the officer under investigation which form or may form
the basis for disciplinary action, termination of employement
or the filing of a criminal charge.
F. Intimidation of officer prohibited. No officer under investi-
gation shall, as a guise for obtaining such officer's resig-
nation, be falsely threatened with dismissal or other discipli-
nary 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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