Loading...
HomeMy WebLinkAboutPOLICE MANAGEMENT ASSOC., 1982 " ...0: ,j', e .' " , I ,/YJ )~,Jf' fl ~ r1 AGREEMENT BY AND BETWEEN CITY OF BREMERTON, WASHINGTON AND BREMERTON POLICE MANAGEMENT ASSOCIATION ,.' e e e 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: ------- ~ - 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. .' -1- e e 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. ~. -2- e e 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. ~. -3- e e 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. ~. -4- Article XIII. Section 1. Section 2. Article XIV. Section 1. e .e 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. "," (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. -5- '< e - 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 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 /~a?:el~ L~_/Tom 'Swa:nson, Comm; ss i oner of Public Works and Utilities ~~'. ~"-~ ~ N'-- Q-': C'~~ ,.> -6- : , i ! ." ... e e , , " ,'1 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. ~. ~ .: ., ,. e . Ii: 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. .-