HomeMy WebLinkAboutPOLICE OFFICERS GUILD, 2009-2011 Bremerton Police Department
PATROL SCHEDULE and STRUCTURE CHANGE
MEMORANDUM of UNDERSTANDING
Definitions
1. "Team"Three Sergeants, and the Officers and MPO's reporting to those three Sergeants.
2. "Squad"One Sergeant, the Officers and MPO(s) reporting to that Sergeant.
3. "Shift"One work period (1St Watch- Day, 2nd Watch - Swing, or 3`d Watch -Graveyard)
comprised of 10 hours and 40 minutes.
4. "Long Term"Any time frame more than 30 consecutive days.
5. "BPOG" Bremerton Police Officers Guild.
6. "7/28 days"trade days; 1:1 day for day ratio within each 28 day pay period.
The Patrol Schedule
1. Patrol Officers, MPO/OIC and patrol Sergeants will work 5 days on duty, 4 days off duty,
5 days on duty, 4 days off duty, 5 days on duty, 5 days off duty.
2. 10 hour 40 minute shifts.
3. Overlap days will occur on Fridays.
Shift Start and Ending Times
1. The following hours apply to patrol Officers, MPO/OIC and Patrol Sergeants:
1St Watch 0620-1700 hours
2nd Watch 1600-0240 hours
3`d Watch 2000-0640 hours
Overlapping Fridays
1. Squads on overlapping Fridays may attend training, conduct proactive patrols, respond to
calls for service, or complete other duties as assigned.
2. Squads will usually work their normal shifts (1St, 2"d, and Yd watches) on overlapping
Fridays. However, sergeants, MPO's and officers may be asked to flex their hours by
mutual agreement for special activities or training. The Department will provide fourteen
(14)days' notice for activities requiring a squad to flex their hours.
Patrol Shift Bidding
1. Shift bids will occur twice each calendar year.
2. Shifts are bid in 6 calendar month blocks (January-June, July-December).
3. Employees must stay on the same Team(Blue or Gold) for the entire calendar year.
4. If an employee switches Teams when bidding the next calendar year, it may cause some
officers to work more than five consecutive days. The parties agree that these additional
days will be made as 7/28 days (trade days at a 1:1, day for day ratio must be taken
within the current 28 day cycle)by mutual agreement. The City of Bremerton will not
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pay overtime or grant compensatory time due to persons rotating from their initially
selected Team unless required by FLSA guidelines.
5. Sergeants bid first by seniority.
6. There must be at least one MPO per squad and no more than two MPO's per squad unless
the number of MPO's assigned to patrol exceeds 12. MPO's bid for MPO positions by
department seniority. According to department seniority each MPO will be offered the
allotted MPO positions until the one per squad requirement is met. If there is not an
MPO on each squad by the end of the MPO shift bid, the lowest seniority MPO(s)will be
ordered to fill the remaining MPO position(s).
7. All other officers will bid next.
8. Should a squad lose an MPO position due to retirement, reassignment or other reasons,
and there is not another MPO on that squad, MPO's may be asked, by seniority, to move
to a squad on the same team so that each squad has an MPO. If no MPO volunteers to
switch squads the lowest seniority Patrol MPO will be ordered to that squad without
additional compensation.
Patrol Vacation Bidding
1. Sergeants bid first by seniority(date of promotion).
2. All other officers will bid next by seniority
3. For each squad, both the Sergeant and the MPO"should not be scheduled off for the same
vacation days.
Covering Long Term Patrol Officer Shortages
1. Volunteer(s) will be sought to change squads within the Team to fill-in where needed if
this does not create another shortage.
2. If no officer volunteers on the same Team, volunteer(s) will be sought from the other
Team if this does not create another shortage.
3. If no officer still volunteers,then officers may be ordered to move to another
shift/squad/team by reverse seniority as long as this does not create another shortage and
complies with section 6.2 of the current BPOG contract.
4. If no officer can be moved without creating another shortage, specialty positions may be
asked to voluntarily move to the affected squad for the duration of the shortage. A
specialty officer filling a patrol position will maintain their specialty pay and other
benefits of their current assignment.
5. If no specialty position officer/detective volunteers to fill the position, specialty
officers/detectives may be ordered to move to the affected squad(s) in the following
order: The Chief of Police has the sole discretion in assigning these positions when
filling long term vacancies following the guidelines set forth in sections 6.2.3 and 6.2.4 of
the BPOG contract.
A. Traffic Officers
B. Detectives
Patrol Training Days
1. The standard 10 hour 40 minute shift will be utilized to cover travel time and training
time. Any training day up to 10 hours and 40 minutes but not less than 8 hours will be
counted as an entire work day.
2. A training day that is less than 8 hours, including travel time, but excluding meal breaks
greater than 30 minutes, requires the employee to work the remainder of their 10 hours
2
and 40 minute shift. Employees may also take the time off utilizing accrued leave with
supervisor approval.
3. Training that exceeds the employee's scheduled shift will be handled in accordance with
the BPOG collective bargaining agreement.
5. Voluntary training days on scheduled days off will be taken as 7/28 days as staffing
levels allow. The date(s)the 7/28 days are taken will be mutually agreed to by the City
and the Employee.. The 7/28 day(s)will be selected and approved prior to the employee
attending the training.
6. Mandatory training on scheduled days off may be taken as 7/28 days as staffing levels
allow by mutual agreement, or as overtime or comp time per the collective bargaining
agreement..
7. Mandatory training days on scheduled work days (other than on overlapping Fridays)
may require an employee to flex their hours to attend. This flexing of shift hours for
mandatory training on scheduled work days will occur without additional compensation
with 14 days' notice, unless by mutual agreement.
In-Service Training
1. Work shifts may be changed by the employer to accommodate structured in-service
training as follows:
a. At least fourteen(14)calendar days advance notice is provided to the employee.
b. The shift change will be for a full training day.
c. The parties further agree that the foregoing may be changed by mutual agreement,
on a case-by-case basis.
Miscellaneous Provisions
1. The maximum shift allowed for Officers to work will normally be 16 consecutive hours
in a 24 hour period. This also applies to any off-duty employment. Exceptions may be
made due to exigent or emergency situations. The shift supervisor responsible for the
overtime period shall be responsible for approving such exceptions. Examples of exigent
situations where employees may be required to work more than 16 hours in a 24 hour
.period include, but are not limited to: necessary report completion,major investigations
such as those involving BARRK Felonies, and court appearances.
2. FLSA work period is 7K/28 days - 171 hours.
3. Overtime for the purposes of this agreement is any time worked outside a normally
scheduled shift.
4. When a transfer occurs any time after the January shift bid the department will calculate
the hours already worked and the hours scheduled to be worked for the remainder of the
year. Should the combined hours exceed 2088 hours,the City will work with the
employee to schedule the time off over the remaining pay periods in the year. The
employee may take the time off in five (5) minute increments, with the minimum leave
request being twenty(20)minutes,unless the time owed is less than twenty (20)minutes.
Should the calculated hours equal less than 2088 hours,the employee will be required to
work the number of hours required to equal 2088 hours. The employee may"payback:"
the time in twenty(20) minute increments at the beginning or ending of their normally
3
scheduled shift, or on their days off, provided that the dates and times are mutually
agreed to by the employee and the City. When an employee is working and extended
shift, or on their day off in"pay-back"mode there will be no overtime compensation for
that time.5. Vacation and sick leave accrual remain the same. 10 hours and 40 minutes
is needed to take a full day off under this schedule.
6. Premium Holiday compensation will be paid per article 9.4 of the BPOG contract.
7. Holiday accrual in lieu of holidays off will remain at 88 hours of accrued vacation time
(11 holidays at 8 hours per holiday—Article 9.3).
8. Requests for vacation, compensatory time and sick leave will be taken in five(5)minute
increments,with the minimum request of twenty (20) minutes.
9. Overtime requests will be made in five (5)minute increments (2 minutes or less round
down, 3 minutes and above rounded up).
Terms of the Agreement
1. The 10 hour 40 minute (5 on,4 off; 5 on, 4 off; 5 on, 5 off)pilot program has been
extended until the BPOG contract is ratified with the intent of the schedule becoming the
permanent schedule for the Bremerton Police Department Patrol division.
2. Any change to this schedule/agreement is by mutual agreement by BPOG and the City of
Bremerton.
3. This agreement supersedes all previous related MOD's and BPOG contract provisions to
the extent they conflict with any of these provisions. In the event the parties revert from the trial
schedule,those terms are restored.
4. Either party reserves the right to revert back to the prior schedule. Should either party
desire to revert back to the prior schedule,they must provide thirty(30) calendar days'
notice of its intent to do so (This clause expires 12/31/14 or once the BPOG contract is
atified hichever occurs later).
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BPOG President Date
Chi of Police Date
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Mayor? t Date
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MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF BREMERTON
and
THE BREMERTON POLICE OFFICER'S GUILD
General Investigations Unit and Special Operations Group 10 Hour Shift
1. This Memorandum of Understanding is agreed to pursuant to Article 23, Section
23.2 of the Collective Bargaining Agreement between the City of Bremerton (the
City) and the Bremerton Police Officer's Guild (BPOG).
2. Officers and sergeants assigned to the General Investigations Unit and the
Special Operations Unit shall generally work four (4) consecutive days followed
by three (3) consecutive days off. Employees may split their work week, on a
temporary basis, by mutual agreement as long as the change occurs within the
FSLA workweek and does not incur overtime. (i.e. work Monday, Tuesday,
Thursday, Friday)
3. Days off will normally be Saturday and Sunday consecutively with either a Friday
or Monday.
4. Members assigned to the General Investigations Unit will normally work from
0700 to 1700 hours.
5. The General Investigations Unit supervisor will normally work from 0600 to 1600
hours.
6. Members assigned to the Special Operations Group will normally work from 0900
to 1900 hours.
7. Employees will be compensated at the overtime rate for hours worked in excess
of a 10-hour workday in accordance with the provisions of the collective
bargaining agreement.
8. Requests for vacation, compensatory time and sick leave will be taken in five (5)
minute increments. Overtime requests will be made in five (5) minute increments.
9. Members assigned to the General Investigations Unit and the Special Operations
Group agree, as a condition of assignment, to adjust work hours for operational
needs as outlined in the assignment announcement. The City shall provide at
least 72 hours advance notice of the need to adjust schedules. The City shall
work on resolutions with the employee when a change in the work schedule
creates personal issues.
10.Any temporary change to an employee's work schedule is by mutual agreement
between the employee and the City.
11.The additional holiday accrual for President's Day, Martin Luther King's Birthday,
Veteran's Day and the day after Thanksgiving as set forth in Article 9.4 of the
collective bargaining agreement, will remain at 8.0 hours per holiday.
12.When a holiday falls on an employee's regularly scheduled work day and the
employee takes it off, the employee shall be required to use either vacation or
compensatory time to cover the entire 10 hour shift.
13.The standard 10 hour shift will be utilized to cover travel time and training time.
Any training day up to 10 hours but not less than 8 hours that takes place at a
location outside the City limits will be counted as an entire work day. An off-site
training day (including travel time) that consists of less than 8 hours requires the
employee to work the remaining hours of the full 10 hour shift or take the time off
utilizing accrued leave.
14.Mandatory training days on scheduled work days (other than on overlapping
Fridays) may require the Sergeant, or detective to flex their hours to attend. This
flexing of shift hours for mandatory training on scheduled work days will occur
without additional compensation with 14 days' notice, unless by mutual
agreement.
15.Any change to this agreement is by mutual agreement between the BPOG and
the City of Bremerton.
16.This agreement supersedes all previous related MOU's and BPOG contract
171 provisions.
BPOG resident fan Mayor i4
C ief f Police
MEM ORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF BREMERTON AND THE BRE ERTON POLICE
OFFICER'S GUILD (BPOG)
Civil Service Rule 23 — Performance Evaluation Reports
This Memorandum of Understanding is agreed to pursuant to Article 23, Section
23.2 of the Collective Bargaining Agreement between the City of Bremerton and
the Bremerton Police Officer's Guild.
The City and the BPOG mutually agree to begin utilizing the attached changes to
Civil Service Rule 23, prior to the changes being approved by the Civil Service
Commission. The changes will be taken to the Civil Service Commission for
approval as soon as possible.
Dated this �i day of May, 2014.
BPOG President Date
0 - SO - 71
Chief of Police Date
Mayor Pa ent Date
Charlotte Belmore, HR Manager Date
23. PERFORMANCE EVALUATION REPORTS
23.01 PERFORMANCE EVALUATION RECORDS
A. Performance evaluation record of non - probationary employees:
Performance evaluations of all employees in the classified Civil
Service shall be kept in the Human Resources Department.
1. Fire Department and Non - Uniformed Police Forma,
Department Employees: Each supervisor shall Fettle Numb
conduct an evaluation annually for all Fire Department and 2 �mE
non - uniformed employees in the classified Civil Service
The date for the evaluation is established by the date the
employee initially began employment with the City or date
of promotion. The supervisor should set a specific time to
discuss the evaluation with the employee.
2. Uniformed Police Department Employees: For
uniformed Police Department employees after completion
of the probationary period each supervisor shall conduct an
evaluation at the completion of each shift bid.
B. Evaluation during initial probation_
1. Fire Department and non - uniformed Police Department E F n Employees Each supervisor shall �- conduct an evaluation for every newly hired employee at the end of the
first three (3) months employment and again at the end of
the first five (5) months of employment.
2. For uniformed Police Department employees: After each -:,_ ra;
employee completes the Academy their supervisor shall conduct a probationary evaluation at the end of three (3) months, six (6) months and twelve (12).
C. Inspection of ratings: The evaluation records shall be open for review
by the employee, his or her immediate supervisor, the supervisor's
superior (evaluation reviewer), the employee's Department Head and
any Department Head who is considering a transfer of said employee
to his/her department, or, whenever required by the Public Disclosure
Act. (RCW 42.56).
D. Review of the evaluation: The completed evaluation form must be
given to the evaluator's immediate supervisor for review. In the event
65
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF BREMERTON
AND
THE BREMERTON POLICE OFFICER'S GUILD
General Investigations Unit and Special Operations Group 10 hour shift
This Memorandum of Understanding is agreed to pursuant to Article 23, Section
23 2 of the Collective Bargaining Agreement between the City of Bremerton (the
City) and the Bremerton Police Officer's Guild (BPOG)
The City and the BPOG mutually agree to a trial period of 10 -hour work day
shifts
Officers and sergeants assigned to the General Investigations Unit shall work
four (4) consecutive days followed by three (3) consecutive days off
Days off shall be Saturday and Sunday consecutively with either a Friday or
Monday
Members assigned to the General Investigations Unit will normally work from
0700 to 1700 hours
Members assigned to the Special Operations Group will normally work from 0900
to 1900 hrs
Members assigned to the Special Operations Group agree up front when
selected for the assignment to mutually agree to adjust hours as outlined in the
assignment announcement The City shall provide at least 72 hours advance
notice of the need to adjust schedules The City shall work on resolutions with
the employee when a change in the work week creates personal issues
Any change to this schedule /agreement is by mutual agreement between BPOG
and the City
This agreement supersedes any BPOG Collective Bargaining Agreement
provisions which conflict with the provisions of this agreement In the event the
parties revert from the trial schedule, those terms are restored
oto /y
The agreement is for a six (6) month trial period starting on January 1, 2,9<
The additional holiday accrual for President's Day, Martin Luther King's Birthday,
Veteran's Day and the day after Thanksgiving as set forth in Article 9 4 of the
collective bargaining agreement, will remain at 8 hours per holiday
When a holiday falls on an employee's regularly scheduled work day and the
employee takes it off the employee shall be required to use either vacation or
compensatory time to cover the entire 10 hour shift
Either party reserves the right to revert back to the prior schedule of five
consecutive eight -hour work days with Saturday and Sunday off
Should adjustments be necessary, or conflicts arise from this MOU, the BPOG
and the City agree to discuss resolutions
In the event a resolution cannot be reached, and either party desire to revert
back to the prior schedule, they must provide thirty (30) calendar days' notice of
its intent to do so
�� AS
BPOG President Date
1.1313
Chief of Police Date
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF BREMERTON AND BREMERTON POLICE OFFICERS GUILD
WHEREAS the Guild has requested that the Public Employment Relations Commission
(PERC) mediate issues related to the Master Patrol Officer (MPO) Program between the City and
the Guild,
WHEREAS the City does not agree that mediation is necessary or appropriate, and
WHEREAS the parties, in order to resolve the issue, have agreed to meet with a PERC
mediator, NOW THEREFORE,
THE PARTIES HEREBY AGREE AS FOLLOWS
That the City by its participation in mediation with PERC does not waive any
legal rights or claims available in its defense of any further action by the Guild related to the
MPO issue
That this Agreement is non - precedent - setting due to the unique nature of the
circumstances surrounding the mediation, and shall not be deemed to bind any party to take
similar action in any subsequent matter, whether or not involving the MPO program
CITY OF BREMERTON BREMERTON POLICE OFFICERS
GUIL
( :s �Z / By Patt nt By
Its Mayor Its resident
APPROVED AS TO FORM APPROVED AS TO FO
0
Roger ubovich 1
City Attorney
R \Legal \Legal \Contracts \Police \Memorandum of Understanding -BPOG doc
MEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF BREMERTON AND THE BREMERTON POLICE OFFICERS
GUILD
This Memorandum of Understanding is agreed to pursuant to Article 23, Section 23.2 of the
Collective Bargaining Agreement between the City of Bremerton and the Bremerton Police
Officers' Guild.
Purpose: The purpose of this agreement is to set forth the parties' understandings regarding
actions each will take to address budget constraints and reductions facing the City for the
remainder of 2010.
Length and Termination: It is the parties intent for this agreement to remain enforceable
through December 31, 2010 unless otherwise stated in this agreement. The terms and conditions
of the current Collective Bargaining Agreement (CBA) will be immediately reinstated on January
1, 2011 as though no hiatus had occurred.
Enforceability: This agreement shall be enforceable through the grievance procedure as outlined
in Article 19 of the current CBA.
This agreement will not be used by either party to establish CBA history or past practice between
the parties. In entering this agreement the Guild is acting to address the financial concerns raised
by the City.
The Guild and City agree to the following:
• The City will reduce or reallocate funding and expenditures. The Guild agrees to
concessions in 2010 only in order to eliminate any police department personnel layoffs
through calendar year 2011.
• The City will not reduce the staffmg level below 60 commissioned officers through the
end of calendar year 2011.
• The City will reduce expenditures from its 2010 and 2011 police budget as outlined in
Attachment A.
• The Guild agrees to reduce overtime costs by reducing overtime measures that include
not backfilling comp time or vacation and sick leave time with staffing at an overtime
rate when resources allow other resolutions. Sergeants will work in patrol areas when the
need arises to staff a shift when two Sergeants are working a shift. Comp time requests
already approved as of the date of this agreement will not be affected.
• The Guild agrees that the City will not compensate new MPO appointees the additional
five percent (5 %) for MPO status through December 31, 2010.
• The Guild agrees that General Investigations Detectives will adjust their working hours
whenever possible and approved by the Division Commander to work patrol shifts in
order to prevent an overtime situation.
MOU — BPOG Concessions
Page 1 of 2
'i
• The Guild agrees to suspend comp time year end payouts (Article 7.3 of CBA) for year
ending 2010.
• The City agrees to make changes to the deferred comp provisions in Article 25.1 & 25.2
of the CBA as follows:
25.1 DEFERRED COMPENSATION: The City shall match the payroll deduction of any
written request by an employee covered by this Agreement, in an amount not to exceed
four percent (4.0 %) of the employees base monthly pay rate. This shall not apply to
LEOFF I and LEOFF II employees who have completed 15 or more years with the City.
25.2 LEOFF I AND LEOFF H EMPLOYEES WHO HAVE COMPLETED FIFTEEN
(15) OR MORE YEARS WITH THE CITY — LEOFF I and LEOFF II employees shall
be required to contribute two percent (2 %) into Deferred Compensation. This does not
preclude an employee from deferring more than the required contribution.
• The Guild agrees to dismiss the Unfair Labor Practice (ULP) case pending before the
Washington Public Employment Relations Commission, Case No. 22754 -U -09- 05818.
The Guild also agrees to dismiss the grievance currently pending concerning the layoff of
Guild members in 2009. Said dismissals will be without prejudice to whatever arguments
or legal positions the Guild or the City may have had with respect to whether the City's
conduct, as alleged by the Guild in the ULP or in the grievance regarding Article 17,
Section 17.2, was an ULP or a violation of the CBA between the City and the Guild.
• The Guild agrees to individual employee concessions in the amount of not less than two
percent (2 %) as selected on their concession form.
All other provisions of the Collective Bargaining Agreement apply in all respects. Dated this
28' day of June 2010.
FOR THE CITY FOR THE BREMERTON POLICE
OFFICERS' GUILD:
PATTY LOYD MAY
Mayor President
CRAIG ROG S v 4SPENCRkE TSEN
Chief of Police Vice President
MOU — BPOG Concessions
Page 2 of 2
ATTACHMENT A
2010 2011
Mayor's Target 337,000 435,000
* Identified Department Cuts:
Reduction in Jail Cost/Contract 30,000 30,000
Reduce Supplies & Services 29,000 45,000
Additional Reductions in ERBR Maintenance for Police Efficiencies 75,000 unknown
Transfer Additional $100,000 from 110 Fund 0 100,000
Reduction in Overtime /Personnel Costs 29,500 15,000
Reduce IT Costs 15,000 70,000
RIF Court Security Home Detention Specialist 7 -15 -10 17,400 40,400
Reduce Community Relations Officer to .60 FTE Effective 8 -1 -10 11,900 28,500
New J -Grant Revenue for Community Relations Officer Effective 9 -1 -10 17,000 51,000
224,800 379,900
BPOG - 2% pay reduction for six months 47,000
BPOG Voluntary medical premium reduction 11,600
BPMA - Pay Reduction for six months 6,200
Teamsters - 3 employees with voluntary furloughs 3,800
Chief - labor concession 4,600
73,200 0
* Total Budget Savings 298,000 379,900
Unfunded year -end comp time payout savings (24, 000)
Difference from Target 15,000 55,100
* Total savings and identified cuts may vary as the department and city continue to identify
areas of financial savings.
BPOG Bargaining Unit
SELECTION OF CONCESSION OPTION
Effective July 1, 2010 through December 31, 2010
understand that I am being given a choice of options
NAME OF EMPLOYEE (PRINT)
as listed below to select as a concession to the City in order to reduce the budgetary problems caused by
current economic conditions. I further understand that should I fail to return this selection form to Human
Resources by 5:00 pm Wednesday, July 7, 2010 the automatic default concession shall be the three (3)
unpaid furlough days (option #I)
PLEASE SELECT ONE (1) OF THE BELOW OPTIONS:
1. ❑ (Default Option) three (3) unpaid Furlough days (24 hours). Furlough days (hours)
taken by an employee will be deducted from the pay period in which they were taken. Furloughs
may be taken in one hour increments.
2. ❑ Three (3) unpaid Furlough days (24 hours) with the employee's hourly rate to be
reduced by approximately two percent (2 %) through December 31, 2010. This enables an employee
to take furlough days and have the cost spread across 12 pay periods. Furloughs may be taken in
one hour increments.
3. ❑ Waiver of City's required 2% contribution to deferred compensation.
4. ❑ Donate the amount equivalent to a two percent (2 %) pay reduction through payroll
deduction each pay period beginning July 1, 2010 through December 31, 2010.
EMPLOYEE SIGNATURE DATE
Floyd May, BPOG President DATE
COLLECTIVE BARGAINING AGREEMENT
By and Between
THE CITY OF BREMER TON
and
BREMER TON POLICE OFFICERS' GUILD
(BPOG)
CITY OF
BREMERTON
January 1,2009 through December 31, 2011
TABLE OF CONTENTS
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN
THE CITY OF BREMERTON
AND
BREMERTON POLICE OFFICERS GUILD
January 1, 2009 through December 31, 2011
ARTICLE
TITLE
PAGE
Preamble
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15
Article 16
Article 17
Article 18
Article 19
Article 20
Article 21
Article 22
Article 23
Article 24
Article 25
Article 26
Article 27
Appendix B
Appendix A
.............................................................................................................................................. .1
Discrimination Allegations................................................................................................... 1
Recognition.......................................................................................................................... .1
Guild Dues............................................................................................................................ 1
Guild Activity.......................................................................................................................2
Wages......................................................................................................................... ...........3
Hours Of Work......................................................................................................................4
Overtime................................................................................................................................ 6
Vacation Leave..................................................................................................................... 7
Holidays................................................................................................................................ 9
Sick Leave...........................................................................................................................l 0
Industrial Disability............................................................................................................ .12
Other Paid Leave................................................................................................................ .12
Retirement Benefits............................................................................................................ .13
Insurance Benefits.............................................................................................................. 13
Clothing And Uniform Cleaning Allowance ......................................................................15
Personnel Practices............................................................................................................ .16
Management Rights............................................................................................................ .18
Performance Of Duty/No Strike............................................................... ................. ..... .....18
Grievance Procedure........................................................................................................... 18
Severability........................................................................................................................ .20
Entire Agreement............................................................................................................... .20
Conflicting Provisions........................................................................................................ .21
Labor Management Committee.......................................................................................... .21
Premium Pay...................................................................................................................... .21
Retirement Benefits/Deferred Compensation.................................................................... .21
Educational Incentive......................................................................................................... .22
Term. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................................................................................. ..22
Master Police Officer Program ..................................................................................... 24-26
2009 Pay Rates........................................................................................................................
Ratified contract 4-15-09
LABOR AGREEMENT BY AND BETWEEN
THE
CITY Of BREMER TON
AND
BREMERTON POLICE OFFICERS GUILD
JANUARY 1,2009 THROUGH DECEMBER 31,2011
PREAMBLE
This Agreement is made and entered into pursuant to the provisions of RCW Chapter 41.56 by and between the City of
Bremerton, a municipal corporation of the State of Washington, hereinafter known as the "City", and the Bremerton
Police Officers Guild hereinafter known as the "Guild" for the purpose of setting forth the wages, hours and working
conditions which shall be in effect during the term of this Agreement for employees included in the bargaining unit
described in Article 2 below.
ARTICLE 1
DISCRIMINATION ALLEGATIONS
1.1
An employee who believes that he or she has been the subject of unlawful discrimination on the basis of
political affiliation, age, sex, marital status, race, creed, color, religion, national origin, sexual orientation,
or activity protected by RCW 41.56 shall seek relief through the appropriate local, state or federal agency
charged with investigating such matters.
ARTICLE 2
RECOGNITION
2.1
The City recognizes the Guild as the sole and exclusive bargaining representative for the purpose of
negotiations concerning wages, hours and working conditions for the bargaining unit described in the
State of Washington Public Relations Commission Decision No. 2371-PECB dated the 10th day of
January, 1986 as: "All full-time and regular part-time uniformed employees holding the rank of sergeant
or below in the Bremerton Police Department; excluding all confidential or supervisory and other
employees of the employer."
ARTICLE 3
GUILD DUES
3.1
DUES DEDUCTIONS: The City will deduct monthly Guild dues and initiation fees uniformly required
of membership from the pay of those employees who provide written authorization to the City to make
such deductions. The City will transmit the total amount of deductions to the Treasurer of the Guild.
3.2
MAINTENANCE OF MEMBERSHIP: An employee who is a member of the Guild upon the date of
the signing of this Agreement and an employee who joins the Guild subsequent to the date of the signing
of this Agreement shall maintain membership in good standing with the Guild through the payment of
periodic dues assessed by the Guild during the term of this Agreement. An employee who was not a
member ofthe Guild prior to September 3, 1986 shall not be subject to this Article.
3.3
SERVICE FEE OPTION: New employees within thirty (30) calendar days of hire and all other
employees shall elect whether that employee wishes to (1) join the Guild and pay Guild dues and fees or
(2) decline to join the Guild and pay a service fee equivalent to regular Guild initiation fees and dues to
the extent permitted by law.
Collective Bargaining Agreement
City of Bremerton and the BPOG
1/1/2009 - 12/31/2011
Page 1 of 26
Ratified contract 4-15-09
3.4
EQUIVALENT DUES PAYMENT: In accordance with RCW 41.56.122, objections to joining the
Guild which are based on bona fide religious tenets or teachings of a church or religious body as may be
determined by the Public Employment Relations Commission will be observed. Any such employee shall
pay an amount of money equivalent to regular Guild dues to a nonreligious charity mutually agreed upon
by the employee affected and the Guild.
3.5
FAILURE TO COMPLY: An employee who fails to comply with this Article shall be terminated upon
notice of such fact in writing from the Guild to the City. Termination of such an employee sha:llbecome
effective within thirty (30) calendar days from the date the City received the notice, unless the employee
has remedied the delinquency within said thirty (30) calendar day period provided that the regular failure
to timely pay dues, service fees or charitable contributions shall, upon the request of the Guild, result in
the discharge of the offending employee.
3.6
HOLD HARMLESS: The Guild shall indemnify, defend and hold the City harmless from any and all
liability to third parties resulting from the administration of the provisions of this Article.
ARTICLE 4
GUILD ACTIVITY
4.1
CONDUCT OF GUILD BUSINESS: Guild business, such as handling grievances and other legitimate
routine matters, may be conducted on Police Department premises provided that such business does not
interfere with Police Department operations and is authorized by the Police Chief or designee. Scheduled
Guild meetings may be held in Police Department facilities provided that such meetings do not interfere
with Police Department operations and are approved in advance by the Police Chief or designee.
4.2
GUILD REPRESENTATIVES: The Guild shall provide written notice to the Manager of Human
Resources and the Police Chief of the names of the officials authorized to represent the Guild
immediately upon their election or appointment. The City will provide reasonable access to City premises
to such authorized representatives for the purpose of handling grievances and other legitimate Guild
business provided that such access does not interfere with the work and duties of Guild employee
representatives or of other on-duty employees. The Police Chief or designee shall grant an employee who
is also an Guild Representative reasonable release time while on duty for the purpose of handling
grievances and other legitimate Guild business, provided that such release time does not unreasonably
interfere with the work and duties ofthe employees or of other on-duty employees.
4.3
USE OF CITY PROPERTY: Use of City property is authorized as provided below.
4.3.1 USE OF EQUIPMENT: The following Police Department equipment is authorized for use by
authorized Guild representatives for Guild business:
4.3.1.1
WORD PROCESSING EQUIPMENT,
TYPEWRITERS: when needed for short work.
COMPUTERS
AND
4.3.1.2
COpy MACHINES: up to five (5) copies of documents for members of the
Guild's board. If more are needed, the Guild shall reimburse the Police
Department for costs subsequent to receipt of an itemized billing.
4.3.1.3
TELEPHONE: Local calls are approved. Costs of long distance calls and FAX
use shall be reimbursed by the Guild to the Police Department subsequent to
receipt of an itemized billing.
Collective Bargaining Agreement
City of Bremerton and the BPOG
1/1/2009 - 12/31/2011
Page 2 of 26
Ratified contract 4-15-09
4.3.2 BULLETIN BOARDS: The Police Department shall permit the reasonable and lawful use. of
bulletin boards by the Guild for the posting of notices relating to official Guild business.
ARTICLE 5
WAGES
5 .1 HOURLY WAGE RATES: Hourly wage rates shall be paid as set forth in Appendix A which IS
attached hereto and made a part hereof which reflects the following:
. Effective January 1,2009, Appendix "A" reflects a five percent (5%) increase.
. Effective January 1, 2010, the wage increase shall be based upon 100% of the CPI- W for
Seattle/TacomalBremerton as of June 30, 2009 with a minimum increase of 2% and a maximum
increase of 5%. .
. Effective January 1, 2011, the wage increase shall be based upon 100% of the CPI-W for
Seattle/Tacoma/Bremerton as of June 30, 2010 with a minimum increase of 2% and a maximum
increase of 5%.
. Step percentages are calculated after the annual CPI- W is applied. CPI- W will be calculated out
to three (3) decimal places. Longevity pay rates are calculated from the base rate at 100%.
Published hourly wages are estimates and actuals may vary (due to penny rounding) and will be
calculated by the City payroll software system.
5.1.1 Advancement through the hourly wage rates from the first step through the final step will occur
upon completion of the prescribed number of full year(s) of continuous employment since the employee's
initial hire date, or in the case of Sergeant's, the date of promotion. In the event an employee is on
approved leave of absence without pay, the employee's next wage rate advancement date will be extended
by the actual number of days the employee was absent on such leave. No such step increase shall be
denied employees who have met acceptable performance standards. Step increases may be withheld for a
maximum of six (6) months. The denial of a step increase is subject to the grievance procedure.
5.1.2 A new employee's wage rate shall be set at the first step of the pay scale; however, a new
employee who has prior paid work experience as a full time Patrol Officer in a police service
which orerates a full time service using paid employees, may be hired up to and including the
fifth (5t) step based upon qualifications and relevant years and type of prior experience.
Placement at higher than the first step shall be at the discretion of the Chief with the approval of
the Human Resources Manager and Financial Services.
5.2
LONGEVITY PAY; Longevity pay, which is a rate of pay based on the length of completed continuous
service with the City, shall be calculated on the individual employee's hourly wage rate and shall be paid
as follows:
LEOFF I:
Lemrth of Continuous Service
Rate Per Hour
o through 5 years continuous employment
0%
Collective Bargaining Agreement
City of Bremerton and the BPOG
1/1/2009 - 12/31/2011
Page 3 of 26
Ratified contract 4-15-09
Commencing 6 through 10 years continuous employment
Commencing 11 through 15 years continuous employment
Commencing 16 through 20 years continuous employment
Commencing 21 through 25 years continuous employment
Commencing 26 years and over continuous employment
1.25%
2.5%
3.75%
5%
6.5%
LEOFF II:
Lenlrth of Continuous Service
Rate Per Hour
o through 5 years continuous employment
Commencing 6 through 10 years continuous employment
Commencing 11 through 15 years continuous employment
Commencing 16 through 20 years continuous employment
Commencing 21 through 25 years continuous employment
Commencing 26 years and over continuous employment
0%
1.25%
2.5%
7.75%
9%
10.5%
5.3
ON CALL PAY: When the Employer places an employee on "on-call status," the employee shall be
compensated at a rate of one-third (1/3) the regular hourly rate of pay for time spent on call. The following
time spent on call is compensable: When an employee is required to remain at any particular place during
the on-call time, and the employee must be prepared to respond. This provision shall not apply to
employees who normally carry cell phones or other electronic communication devices, and such
employees' time off shall not be restricted.
5.4
OFFICER IN CHARGE: When a patrol officer is assigned substantially the full duties of Sergeant, the
officer will be paid at a rate as if promoted to Sergeant for the duration of the assignment. This shall not
apply to Master Police Officer's (MPOs).
ARTICLE 6
HOURS OF WORK
6.1
NORMAL HOURS OF WORK: The normal hours of work shall be forty (40) hours per week.
6.2
SHIFTS:
6.2.1 Patrol shifts for the Operations Division are as follows:
Day
Swing
Graveyard
6 a.m. - 2 p.m.
2 p.m. - 10 p.m.
10 p.m. - 6 a.m.
Days off will be assigned by supervisors as currently practiced. Other shifts may be worked, provided
they do not exceed forty (40) hours per week and are mutually agreed to by the Employer and employee.
Individuals that apply for other Operational units of work such as Bike Patrol, Boat Patrol, Traffic Unit,
K-9 Unit, School Resource, special grant assignments, agree up front when selected for the assignment to
mutually agree to adjust hours as outlined in the assignment announcement. The Department shall
provide at least 72 hours advance notice of the need to adjust schedules for these special units. The
Department shall work on resolutions with the employee when a change in the work week creates
personal issues and shall seek volunteers from within that work unit first before requiring such officers to
change their schedule.
6.2.2 Shift assignments within the Patrol and Traffic Unit shall be bid by seniority at least twice
annually, on March 151 and September 1 S\ provided that no more than thirty-three percent (33%)
Collective Bargaining Agreement
City of Bremerton and the BPaG
1/1/2009 - 12/31/2011
Page 4 of 26
Ratified contract 4-15-09
of the positions within the Patrol and Traffic Unit shall be exempt from the bidding process and
assigned as is provided below. For the purposes of this section, seniority shall be defined as all
paid regular time worked as a commissioned officer with the City of Bremerton Police
Department. Special events and emphasis patrol for the Traffic Unit shall be excluded from
Article 6.
6.2.3 Exempt positions may be assigned at the sole discretion of the Chief of Police, provided that no
officer past his or her one-year probationary period may be reassigned to another shift more often
than once every six months.
6.2.4 Notwithstanding 6.2.2 and 6.2.3, the Chief of Police may reassign any non-probationary
employee for just cause twice each year and probationary employees may be reassigned to shifts
at the discretion ofthe Chief of Police.
6.2.5 Sergeants shall be allowed to bid for shifts on the basis of time since promotion to Sergeant,
provided Section 6.2.2 and 6.2.3 above shall not apply to Sergeants, and provided further, the
Chief of Police may assign a Sergeant to a particular shift without regard to seniority when such
assignment is reasonably necessary to the efficient provision of police services.
6.2.6 The Support Services Division is comprised of the Special Operation Group, General
Investigations, Community Resource Unit and other specialty non-patrol units of work.
Employees ofthis Division are scheduled to work eight (8) daily hours or as mutually agreed.
6.3
SHIFT EXCHANGES: Employees may exchange full or partial shifts when the change does not
interfere with the duties and responsibilities of the employees in their positions and provided that the
immediate supervisors of such employees find that no interference will occur as the result of a mutually
agreeable shift exchange. The Police Chief or the Chiefs designee may overrule such a finding by the
immediate supervisor in the event that the Department's service or training needs require specific
employees to be on duty during their assigned shifts.
6.4
SHIFT CHANGEOVER COORDINATION: An employee who has been transferred from one shift to
another shall normally be scheduled to begin the newly assigned shift upon a day or at a time which
results in the employee receiving at least eight (8) hours of rest between work shifts. In the event that the
transfer from one shift to another results in an employee receiving less than eight (8) hours of rest
between work shifts, the employee shall be paid overtime for time worked during the eight (8) hour
period between work shifts. An employee who receives a minimum of eight (8) hours of off-duty time
between work shifts shall not be eligible for overtime compensation for shift changeover coordination
time.
6.5
ASSIGNMENT TRANSFER REVIEW REQUEST: Assignment transfers (those not covered by
Section 6.2 and subsections) will be made at the discretion of the Police Chief or designee. Except in
emergencies, at the employee's request, the Police Chief will provide his/her reason for the assignment
transfer prior to the transfer. The employee may submit information as to why the assignment transfer
should not take place. The Police Chief will review the information and inform the employee of his/her
decision. Transfers resulting from operational or performance related issues are not subject to the
grievance procedure. Transfers resulting from misconduct or disciplinary issues are subject to the
grievance procedures. It shall be understood that these specialty non-patrol assignments are temporary in
nature and there is no guarantee as to the amount of time an employee will serve in that assignment.
Collective Bargaining Agreement
City of Bremerton and the BPOG
1/1/2009 - 12/31/2011
Page 5 of 26
Ratified contract 4-15-09
6.6
7.1
7.2
7.3
7.4
7.5
TRAINING: Work shifts may be changed by the employer to accommodate structured training ,as
follows:
a) At least seven (7) calendar days advance notice is provided to the employee.
b) The shift change will be for full day training schools/sessions.
c) If training is scheduled during a normal day off, the employee will keep his/her normal work
schedule and be paid overtime. .
d) The parties further agree that the foregoing may be changed by mutual agreement, on a case-by-
case basis.
e) An unpaid lunch break during which the employee is not considered on duty or subject to
responding to calls shall be granted for a full 8 hour training day when the training occurs off site
and is not city-sponsored.
ARTICLE 7
OVERTIME
OVERTIME DEFINED: Overtime IS all required and authorized work performed In excess of an
employee's normal work schedule.
OVERTIME COMPENSATION: Overtime work shall be compensated at the rate of one-and-one-half
(1 'is) times an employee's hourly rate in cash or in one-and-one-half (1 Y2) times the overtime hours
worked in compensatory time. Overtime compensation in compensatory time may be granted upon the
request of the employee and with the approval ofthe Police Chief or designee.
LIMITATION ON COMPENSATORY TIME: The maximum allowed accrual of compensatory time
is sixty (60) hours and all time accrued in excess of that maximum shall be paid at the applicable rate,
provided that time earned may be cashed out upon the employee's request as provided below. A request
for compensatory time can be denied if it "unduly disrupts" the operation of the Department. Undue
disruption is more than inconvenience to the Department. This will be determined on a case-by-case
basis. For requests to use one day of compensatory time one-day notice is required. For request to use
more than one (1) day of compensatory time, five (5) days notice is required.
Employees who wish to cash out accumulated compensatory time will have the option of receiving this
pay at the end of November of each year. Employees who exercise this option shall submit their request
in writing to the Chief no later than November' 1st each year. It shall be the sole responsibility of the
employee to request cash out of accumulated compensatory time in a timely manner, therefore, any such
requests received after the November 1 st deadline will be disapproved and sent back to the employee.
CALLBACK OVERTIME: An employee who has left the workplace and who is called back to duty
with less than twenty-four (24) hour notice for a period of time which is less than three (3) hours, shall
receive a minimum ofthree (3) hours of overtime compensation.
COURT AND/OR SUBPOENAED APPEARANCES: An employee who appears in Court arising out
of his/her employment with the City or who responds to a subpoena on behalf of the City on off-duty time
shall receive a minimum ofthree (3) hours of overtime compensation for such appearance.
7.5.1 An employee who has been subpoenaed to appear in Court. shall call the Court on the morning of
the date of the scheduled appearance to confirm that the subpoena is still active. If the subpoena
remains active after the telephone call, the employee shall then qualify to receive a minimum of
three (3) hours of overtime compensation for responding to the subpoena. If the subpoena is no
longer active after the employee calls in, no compensation shall be due the employee.
Collective Bargaining Agreement
City of Bremerton and the BPOG
1/1/2009 - 12131/2011
Page 6 of 26
Ratified contract 4-15-09
7.6
For civil subpoenas, payment for off-duty subpoena appearance is based on matters resulting from the
employee performing police duties for the City. Off-duty officers will be compensated for total time in
Court at the overtime rate of payor a minimum of three (3) hours whichever is greater. Witness fees
received by the officer from the plaintiff or defendant shall be assigned to the City. This Agreement does
not include other subpoenaed appearances, such as Civil Service or arbitration subpoena, or compensation
for telephone calls. The employee shall furnish a copy to his/her immediate supervisor as soon as possible
after the subpoena is served.
7.7
When the City is the employer, all such overtime police work will be first offered to BPOG Police
Officers, subject to the Bremerton Police Management Association (BPMA) bargaining unit Letter of
Understanding date April 1, 2002. For each such police overtime project, BPD management will
reasonably provide information regarding the scope of the project, manpower needs, anticipated duration,
and work-related expectations associated with the project. In the event that BPPG Police Officer
bargaining unit employees are unable to provide all police overtime service needs, or manpower shortages
are observed or anticipated, BPD Management will advise and consult with BPOG to identify needs and
staffing alternatives. Other agency commissioned law enforcement staffing should be utilized only after
reasonable and practicable efforts have been made to fill manpower needs by BPOG Police Officers.
ARTICLE 8
V ACA TION LEA VE
8.1
VACATION ACCRUAL: Employees shall accrue vacation time with pay for all regularly scheduled
work time including paid holiday, sick leave, vacation and other paid leave time and excluding time for
which workers' compensation time loss benefits are paid pursuant to the following schedule:
Period of Continuous Full Time Emolovment
Annual Accrual
Date of Hire through 5 years
6th year
17th year
8th year
9th
year
loth year
11 th year
1 th year
13th year
14th year
15th year
16th year
17th year and thereafter
104 hours
120 hours
128 hours
136 hours
144 hours
152 hours
160 hours
168 hours
176 hours
184 hours
192 hours
200 hours
208 hours
8.2
VACATION ELIGIBILITY: An employee becomes eligible to take accrued vacation time upon
completion of six (6) full months of employment; provided, however, the Chief of Police may grant an
exception to the six-month rule due to mitigating circumstances. Vacation time must be taken in segments
of one-half (Yz) hour or more. Vacation time must be fully accrued prior to the time an employee takes
any vacation time off.
8.3
VACATION SCHEDULING: Annual vacation leave shall be authorized by the Police Chief or
designee. Employees shall be allowed to bid for vacations based upon seniority following the shift
Collective Bargaining Agreement
City of Bremerton and the BPOG
1/1/2009 - 12/31/2011
Page 7 of 26
Ratified contract 4-15-09
8.4
8.5
8.6
bidding process; provided that vacation requests for time not scheduled throughout the bidding process
shall be scheduled by mutual agreement. Patrol employees who have been approved vacation leave shall
give no less than twenty-four (24) hours notice if they decide not to take the leave as approved and
instead report for work.
MAXIMUM VACATION ACCRUAL: The maximum number of vacation accrual hours that any
employee shall be allowed to carry forward from one calendar year to the next is as follows:
Years of
Continuous Emolovment
Maximum Balance
0-2 years
2-5 years
5-10 years
1 0-1 5 years
15-20 years
20+ years
160 hours
200 hours
240 hours
280 hours
320 hours
360 hours
8.4.1 In the event an employee has been prohibited from taking sufficient vacation time to reduce his or
her vacation balance to the maximum allowable carryover at the end of a calendar year, the
excess hours shall be paid out in cash at the employee's straight time hourly rate unless the Chief
approves an extension of the time period beyond the end of the calendar year during which the
employee must take all vacation hours which exceed the maximum allowable carryover. An
employee who fails to request scheduled vacation time during the year and whose accrued
vacation hours exceed the maximum carryover balance at the end of the calendar year shall forfeit
such excess vacation hours.
V ACA TION PAY-OUT: Upon the retirement, resignation, or termination of an employee or upon the
date of an employee's disability retirement, the accrued vacation hours of such an employee will be paid
to the employee in a cash lump sum payment.
DONATIONS OF VACATION LEAVE: Donations of Vacation leave permit employees to aid a
fellow employee (or their immediate families) who is suffering from an extraordinary or severe illness,
injury, impairment, physical or mental condition which has caused or is likely to cause the employee to
take leave without payor to terminate his or her employment prior to a determination that the affected
employee is not expected to recover to an extent that will enable the employee to resume his or her
normal duties or the duties of another position with the City or another employer.
8.6.1 ELIGIBILITY: An employee or employee's immediate family member (as defined in the
FMLA) who (l) is suffering from an illness or injury causing his or her extended absence from
work, and (2) who has depleted or will shortly deplete his or her total available accrued vacation,
sick and floating holiday leave, may request donations of vacation leave.
8.6.2 CRITERIA FOR APPROVAL: A request for donations of vacation leave shall be submitted to
the Chief of Police accompanied by medical documentation verifying the medical condition
requiring the rieed for leave, and the time period during which the employee can reasonably be
expected to be absent from work due to the condition. Upon verifying that the requesting
employee meets all of the eligibility requirements above and upon determining that the medical
documentation received provides appropriate verification of the medical condition and time
Collective Bargaining Agreement
City of Bremerton and the BPaG
1/1/2009 - 12/31/2011
Page 8 of 26
Ratified contract 4-15-09
period involved, the Department Head will recommend the employee's request for donations of
vacation leave be approved by the Mayor. The Mayor will review the request to assure that all of
the requirements set forth in this subsection have been met and, if so, shall approve the
employee's request for donations of vacation leave.
8.6.3 CONDITIONS OF DONATION: An employee who has been employed for at least six (6)
months who desires to donate accrued vacation leave to a requesting employee will do so as a
free and voluntary act and no duress or coercion shall be placed upon an employee to make such
donation of his/her accrued vacation leave. Employees who are utilizing donated leave to cover
their own absences may not donate leave to another employee until such time as they have
returned to their normal schedule, and any excess donations made to them have been returned
pursuant to 8.6.5 below. An employee who desires to donate vacation leave shall complete a
Donation of Vacation Leave Form and submit it to his/her Department Head. The donated
vacation leave will be transferred to the requesting employee's sick leave balance with the next
payroll report. Forms will be date stamped and all time donated shall be in full hour increments
and shall be credited to the employee on an hour-for-hour basis. A monthly update of the
condition of the employee by the attending primary medical doctor shall be required and
furnished to the Department Director.
8.6.4 USE OF DONATED LEAVE: An employee who has received donated vacation leave will be
able to use the leave in the same manner as if he or she had personally accrued the leave,
provided that the use of the leave is in conformance with the provisions ofthis Article.
8;,~:.5~',:',LEA VE ACCRUED FROM DONATED LEAVE: While using donated leave, any leave
accrued will be used first each pay period before the balance is deducted from the donated leave.
8.6.6 UNUSED DONATIONS: In the event of excess donations received but not used due to early
recovery, resignation, retirement or death, all donations received but not utilized shall be returned
to the donating employee(s) based on the proportion of hours that employee donated in relation to
the total hours donated by all employees (e.g. an employee who donates 50 hours of 450 hours
total donated shall be credited with 50/450ths of the hours not utilized). Such returned leave shall
be reflected in the appropriate leave balance as soon as possible. Time donated for this purpose
will not be considered as time used during the donor's performance rating period and does not
count as sick leave used for Sick Leave incentive purposes.
ARTICLE 9
HOLIDAYS
9.1
HOLIDAYS OBSERVED: The following holidays shall be observed by the City:
New Years Day
Martin Luther King's Birthday
President's Day Memorial Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas
9.1.1 In addition, any other holiday legally proclaimed by the Federal or State government, provided
that the City takes official action to have such holiday also observed by the City.
Collective Bargaining Agreement
City of Bremerton and the BPOG
1/1/2009 - 12/31/2011
Page 9 of 26
Ratified contract 4-15-09
9.2
FLOATING HOLIDAY: Each employee shall be allowed one (1) additional holiday to be observed by
the employee on a day mutually agreeable to the employee and the Police Chief or designee.
9.3
HOLIDAY COMPENSATION: Employees shall receive an additional eleven (11) days vacation leave
per year in lieu of holidays, except as enumerated in the premium holiday compensation section. The
accrual and payment of such additional compensation shall be in accordance with the Employer's
established practice in this regard.
9A
PREMIUM HOLIDAY COMPENSATION: An employee who works during the term of this
Agreement on a holiday shall be compensated at the rate of one-and-one-half (11;2) times the employee's
hourly rate of pay. It is recognized that non-uniformed officers are not scheduled to work on the holidays
enumerated in this section but that such employees may work such holidays at their regular rate of pay
shall accrue an additional day to their vacation bank for each of the following holidays: President's Day,
Martin Luther King's Birthday, Veteran's Day and the Day after Thanksgiving. The days shall be
allocated to the vacation bank as each of these holidays arise to those officers in a non-uniformed
assignment.
ARTICLE 10
SICK LEA VE
10.1
SICK LEAVE ACCRUAL: Employees shall accrue sick leave time with pay at the rate of .046154
hours for all normal hours of work including holiday, sick leave, vacation and other paid leave time
excluding time for which workers' compensation time loss benefits are paid. The maximum annual
accrual is ninety-six (96) hours.
10.2
MAXIMUM SICK LEAVE ACCRUAL: Employees shall be able to accrue sick leave to a maximum of
twelve hundred (1,200) hours as of November 1 sl of each year.
10.3
SICK LEAVE WORK PERFORMANCE BONUS - Effective January 1, 2010 employees who accrue
over the 1200 hour maximum may cash out 50% of the hours over the 1200 hours and receive this bonus
on the November 22nd pay day, and their sick leave balance will be reduced to 1200 hours.
lOA
SICK LEAVE INCENTIVE: An employee who takes thirty-two (32) hours or less of sick leave in any
full calendar year shall have eight (8) hours added to his or her vacation leave balance at the beginning of
the following calendar year.
10.5
SICK LEAVE RETIREMENT OR DEATH PAYMENT:
10.5.1 LEOFF I employees who retire from City service on a service retirement shall be provided a Sick
Leave Retirement Payment at thirty-five percent (35%) ofthe employee's accrued and unused sick leave
hours to a maximum of 35% of 1200 hours (a maximum total of 420 hours).
10.5.2 LEOFF II employees who retire from City service on a service retirement shall be provided a
Sick Leave Retirement Payment at thirty-five percent (35%) of the employee's accrued and unused sick
leave hours to a maximum of35% of 1200 hours (a maximum total of 420 hours), and such payment shall
be made to a HRA VEBA program.
10.5.3 In the event an employee dies before reaching retirement, the payment will be made to the
employee's estate at the employee's regular base hourly rate in effect at the time of retirement or death.
Collective Bargaining Agreement
City of Bremerton and the BPOG
1/1/2009 - 12/31/20 II
Page 10 of26
Ratified contract 4-15-09
10.6
SICK LEAVE USE: Sick leave must be accrued in the pay period prior to use by an employee. Accrual
is not credited to an employee's leave balance until after payroll is posted. Anticipated sick leave must be
approved by the Police Chief or designee prior to using it. The Police Chief or designee shall not
unreasonably withhold approval of sick leave with pay from employees. Sick leave shall be made
available to each employee up to the amount of each employee's accrued sick leave balance and shall be
used in increments of no less than one-quarter (Y4) hour to cover an employee's absence from his or her
regularly scheduled work hours due to:
10.6.1 The temporary disability of an employee resulting from his or her personal illness or injury.
10.6.2 Providing care for an employee's child or children under the age of 18 when they have a health
condition that requires supervision or treatment, as currently defined by the Washington State
industrial welfare law, RCW 49.12.270 and as may be amended by the Washington State
Legislature.
10.6.3 Attending medical, dental and/or oculist appointments as needed for preventive or rehabilitative
health care of the employee or the employee's child or children when such care requires parental
presence to supervise or authorize treatment.
10.6.4 Upon the birth or adoption of a child, a parent may use up to three (3) days of accrued sick leave.
10.6.5 Providing for an employee's immediate family member when the family member has a health
condition that requires the assistance of an adult caretaker until such time as other care can be
arranged.
10.7
NOTIFICATION OF SICK LEAVE USE: An employee who is absent or expects to be absent from
work due to causes specified in Sick Leave Use above, shall provide notification as follows:
10.7.1 ROUTINE APPOINTMENTS: The employee shall give prior notice of the date and time of the
appointment to his or her immediate supervisor. An employee's immediate supervisor may
request that the employee reschedule routine appointments when the scheduled absence of the
employee would unduly interfere with the operations of the Department. An immediate
supervisor shall not unreasonably deny an employee sick leave with pay for routine medical,
dental or oculist appointments.
10.7.2 UNANTICIPATED ABSENCE: An employee who is absent from work or who will be unable
to report to work as scheduled due to personal illness or injury, or for other causes specified in
Sick Leave Use above, shall promptly notify the Department by telephone ot otherwise as soon as
practicable and will make every effort to notify the Department within the first one-half (12) hour
preceding each work day of absence. In the event of a prolonged illness or injury, the Department
may exempt an employee from the requirement to daily report absences and may establish an
alternative reporting arrangement appropriate to the circumstances.
10.7.3 SICK LEAVE DURING AUTHORIZED PAID LEAVE: An employee who becomes ill or is
injured during the employee's paid vacation or compensatory time off may request the conversion
of such paid leave to sick leave with pay by promptly notifying the department at the time of
occurrence or as soon thereafter as reasonably feasible of the illness, injury, or incapacity and
such conversion shall be granted, providing such information as is required by the Department to
verify the appropriateness if such a conversion is granted..
Collective Bargaining Agreement
City of Bremerton and the BPOG
1/ 1/2009 - 12/31/2011
Page 11 of26
Ratified contract 4-15-09
10.8
SICK LEAVE DOCUMENTATION AND APPROVAL: An employee who has been absent on sick
leave shall, on the day he/she returns to work, submit such forms and provide such information as are
required by the Police Chief or designee to approve the use of sick leave with pay for the absence. The
Police Chief or designee may require an employee to provide a professional physician's verification
within 36 hours after reporting to work, of an employee's, child's or family member's illness or injury as a
condition of approving sick leave with pay, if the Police Chief or designee has a reasonable basis to
suspect sick leave is not being used in conformance with this Article. In the event the Police Chief or
designee intends to require such verification, the employee will be notified of the requirement prior to
returning to work. The Chief of Police or designee may require an employee to provide a Fitness for Duty
certification by a professional physician that the employee is sufficiently recovered as to be able to return
to work and assume his or her normal duties or light duty prior to the employee returning to work; or, in
the event the employee has appeared at work, prior to resuming work. If the Department does not allow
the employee to return to work due to a need for certification, the employee will be allowed to continue
the use of sick leave for the period required to obtain required certification. Sick leave must be approved
by the Police Chief or designee prior to allowance. The Police Chief or designee shall not unreasonably
withhold approval of sick leave with pay from employees.
ARTICLE 11
INDUSTRIAL DISABILITY
11.1
INDUSTRIAL DISABILITY FOR LEOFF I EMPLOYEES: An employee who qualifies for and is
included in the Washington State Retirement System commonly referred to as "LEOFF I", who becomes
disabled, and whose disability extends beyond a period of six (6) full months, shall apply for disability
retirement benefits provided through LEOFF I.
11.2
INDUSTRIAL DISABILITY LEAVE FOR LEQFF II EMPLOYEES: An employee who qualifies
for and is included in the Washington State Retirement System commonly referred to as "LEOFF II", and
who incurs a work-related illness or injury shall be provided with such compensation as is made available
through Workers' Compensation time-loss benefits as provided by Washington State law.
ARTICLE 12
OTHER P AID LEAVE
12.1
BEREAVEMENT LEAVE: An employee will be granted three (3) days of bereavement leave for
attending funerals in the State of Washington and five (5) days of bereavement leave for out of state
funerals of members of the employee's immediate family.
12.1.1 Immediate family under this Article shall be defined as spouse, child, stepchild, mother, father,
mother/father in-law, brother, sister, bother/sister in-law, grandchildren and grandparents of both
the employee and the employee's spouse.
12.1.2 All time off for bereavement leave shall be charged against an employee's vacation/holiday, sick
leave or compensatory time leave balance at the option ofthe employee.
12.2
JURY DUTY: An employee shall be granted leave of absence with pay for the purpose of reporting to or
serving jury duty. Any juror fees received by the employee for the performance of such duties shall be
assigned to the City. Employees normally assigned to swing or graveyard shifts shall be placed on the
day shift on days that court appearance is required. If more than 2.5 hours of the day shift remains at the
time ofrelease from jury duty, the employee shall report for duty.
Collective Bargaining Agreement
City of Bremerton and the BPOG
1/1/2009 - 12/31/2011
Page 12 of26
Ratified contract 4-15-09
12.3
MILITARY LEAVE: An employee who presents official orders requiring his/her attendance for a period
of training or other active duty as a member of the United States Armed Forces or the State National
Guard shall be entitled to military leave with no loss of pay for a period not to exceed twenty-one (21)
work days annually. Authorized leave of absence for additional or longer periods of time for assignment
to duty functions shall be without pay and shall be granted by the City. An employee receiving up to
twenty-one 21) work days of training or serving on active duty shall receive their regular pay and the
amount received from the Federal or State government. (Pursuant to RCW 38.40.060 as may be amended from
time to time). Employees recalled to active duty shall be allowed to utilize accrued vacation leave or
compensatory time to supplement military pay, Employees do not accrue any paid vacation, sick leave or
other paid leave benefits while on active duty. During periods of military conflict, employees are entitled
up to fifteen (15) days of unpaid leave before their spouse is deployed or while their spouse is on leave
from deployment.
12.4
EMERGENCY LEAVE: In the event of an unforeseen emergency which requires the absence of an
employee such as the illness, injury or death of a member of an employee's immediate family, the
employee shall notify his or her immediate supervisor as soon as possible of the required absence. Such
emergency leave shall be charged to an employee's unused vacation/holiday or compensatory time leave
balance.
12.5
ADMINISTRATIVE LEAVE: Any bargaining unit employee may be placed on Administrative Leave
(leave with pay) for reasons in the best interest of the City and/or employee (e.g. to conduct an
investigation, to diffuse a work-related or personal problem that has the potential for escalation if left
unchecked, and/or has a negative effect on department/division operations, and no other solution is
available). Administrative Leave is not intended to be used in lieu of discipline. The City may place
certain reasonable restrictions on an employee on Administrative Leave and require him/her to be
available during his/her normal work schedule to respond by telephone within two (2) hours. Employees
may be provided a pager, if needed. Employees may be placed on a different schedule to be determined
by the Chief when they are placed on Administrative Leave. If an employee is or will be unavailable
during the scheduled time frame, then a vacation leave request, or in the case of illness or injury, a sick
leave request must be turned in to cover the amount of time the employee is or will be unavailable.
12.6
DOMESTIC VIOLENCE LEA VE - Pursuant to State Law, Domestic Violence Leave provides
additional leave rights to employees who are victims of domestic violence, sexual assault, or stalking, or
who are family members of victims. It entitles employees to take leave to receive medical treatment,
attend legal proceedings, or address safety concerns arising out of domestic violence, sexual assault, or
stalking as outlined in City Human Resources Policy 3-20-19.
ARTICLE 13
RETIREMENT BENEFITS
13.1
Each employee shall be enrolled in the Washington State Retirement system for which he or she qualifies.
Only for the purposes of federal income taxation, the gross income of each employee shall be reduced by
the amount of employee contributions to the respective retirement system, which is paid by the City.
ARTICLE 14
INSURANCE BENEFITS
14.1
MEDICAL INSURANCE: The City shall make medical insurance coverage available to employees and
their dependents as follows:
. Kitsap Physician's Service Plan A for Employees and Dependents
. Group Health Cooperative for Employees and Dependents; (Option 1)
Collective Bargaining Agreement
City of Bremerton and the BPaG
1/1/2009 - 12/31/2011
Page 13 of 26
Ratifi ed contract 4-15 -09
. Another plan of substantially similar or better coverage
14.2
INSURANCE PREMIUM PAYMENTS: Payment of insurance premiums shall be made as follows:
. Employee premium paid in full by the City.
. Employees shall pay ten percent (10%) of the dependent premium for either of
the two plans.
. Effective upon ratification, the City will offer medical coverage to dependents of
employees in Domestic partnerships that have filed their status with the State as
required by law and have met the minimum affidavit requirements.
14.3
WELLNESS PROGRAM: Employees and their dependents enrolled in the KPS Healthplan have Well
Care included in their Healthplan. Well Care covers well baby care and child and adult well care up to a
maximum of $200 per Calendar year for each employee and dependent. Well Care benefits are not subject
to the Deductible or co-pay. Specific details on the program are included in the Employees' Benefit
Booklet for Plan A distributed by KPS.
14.4
STIPEND IN LIEU OF MEDICAL COVERAGE - An employee who waives the right to obtain medical
insurance coverage through the City and who provides proof of credible coverage through hislher spouse or
other source shall be entitled to receive a stipend of one hundred fifty dollars ($150.00) per month, payable in
the amount of seventy-five dollars ($75.00) per pay. Employees shall be required to notify Human
Resources, in writing, during open enrollment, of their desire to waive medical coverage, or at anytime during
the year if a qualifying event occurs which would change their status (e.g. marriage, divorce, spouse loss of
job or medical coverage). For initial implementation of this benefit for those who elect to waive coverage,
the payment of the stipend will not be retroactive to January 1, 2009, but will become effective the first pay
period of the next month following ratification of the agreement. Since both KPS and Group Health
underwriting requirements require a 75% participation rate, in the event that there is less than a 75%
participation rate due to employees waiving medical coverage, the City may cease offering the stipend due to
the adverse impact upon those insured.
14.5
DENTAL INSURANCE: The City shall provide the same benefit levels as are contained in the
Washington Dental Service Plan F dental insurance coverage for employees and their dependents and
provide for full payment of insurance premiums.
14.6
DISABILITY: Employees, who are covered by the Washington State Retirement System commonly
known as LEOFF II, shall enroll to receive Long Term Disability Insurance coverage. The City shall pay
a maximum of $20 per month per eligible and enrolled employee toward premium costs. The remainder
of all premium costs shall be borne by the enrolled employee and shall be paid to the insurance company
through payroll deductions authorized by each enrolled employee. The Guild shall select the L TD plan
under which they will be enrolled.
14.7
INSURANCE RESERVES, REBATES AND SURPLUSES: The City shall require the KPS medical
plan provider to provide a structured accounting to the City at least annually. Such accounting shall
include plan utilizations, all reserve accounts maintained for the plan, interest earned on reserves,
administration costs and coinsurance (pooling) costs. This accounting shall be made available to the Guild
upon request. The City agrees that premium rebates, reserve account rebates or any other monetary
returns to the employer from the insurance providers together with subsequent interest earnings thereon
Collective Bargaining Agreement
City of Bremerton and the BPaG
1/1/2009 - 12/31/2011
Page 14 of26
Ratified contract 4-15-09
shall be used exclusively to defray the costs of premium increases in the plan, and increase benefit levels,
or other health related purposes determined appropriate by the Insurance Benefits Committee. Premium
increases shall be any increase over the 1994 levels.
14.8
INSURANCE COMMITTEE: The Insurance Benefits Committee shall be comprised of the following
members: Mayor or designee, Human Resources Manager, or designee, Administrative Services Director
or designee, one employee selected by the non-represented management and professional employees, and
one individual selected by each of the recognized unions. The Committee shall elect a chair and any other
officers it deems appropriate.
14.9 The Guild agrees to participate in a joint study of medical insurance.
ARTICLE 15 CLOTHING AND UNIFORM CLEANING ALLOWANCE
15.1
PURCHASE OF UNIFORMS: The City shall establish a Clothing Allowance Fund for the Bremerton
Police Department. Each employee shall be furnished uniforms as designated by the Chief of Police or
designee. Such uniforms shall be replaced on an as-needed basis from the Clothing Allowance Fund, as
determined by the Police Chief or designee. All uniforms purchased by the City remain the property of
the City
15.2
CLOTHING ALLOWANCE: An annual clothing allowance equal to four hundred and seventy-five
dollars ($475) per year will be provided to non-uniformed, sworn personnel. Such allowance shall be paid
one-half during the months of January and July. In the event an employee is transferred to the Detective
Division and is assigned as a Detective, he/she will receive a pro-rata clothing allowance payment. If an
employee in this unit separates from employment, a pro-rata amount will be deducted from his final
paycheck. The City shall withhold the necessary federal income tax from the clothing allowance as
required by the Federal Tax Code as now written or hereafter amended.
15.3
DRY CLEANING FOR UNIFORMED MEMBERS (OPERATIONS DIVISION): The City will
provide dry-cleaning for two (2) uniforms per week for uniformed guild members and have the patrol
jacket laundered no more often than once per month in the event that a member's jacket becomes
excessively soiled.
15.4
NON-UNIFORMED MEMBERS (SUPPORT SERVICES DIVISION) CLEANING
ALLOWANCE: Effective July 1,2009 the City will provide non-uniformed members an annual cleaning
allowance of five-hundred fifty dollars ($550.00) payable in the amount of two hundred and seventy-five
dollars ($275.00) during January and July. Should an employee transfer out of Support Services into
Operations, they will be eligible for dry cleaning services provided by the City beginning when the next
date for payment of cleaning allowance would be due them. The City shall withhold the necessary federal
income tax from the cleaning allowance as required by the Federal Tax Code as now written or hereafter
amended
15.5
MOTORCYCLE BOOTS: The City shall provide the sum of two hundred fifty dollars ($250.00) to
Motorcycle Officers for the purchase of motorcycle boots. After initial issue, replacement moneys will be
approved only after the Police Chief or designee authorizes such replacement based on wear/tear of
motorcycle boots.
Collective Bargaining Agreement
City of Bremerton and the BPaG
1/1/2009 - 12/31/2011
Page 15 of26
Ratified contract 4-15-09
ARTICLE 16
PERSONNEL PRACTICES
16.1
DEFINITIONS: For the purpose of interpreting the provisions of this Agreement, the following
definitions shall apply:
16.1.1 PROBATIONARY EMPLOYEE: All employees serve a twelve (12) month probationary
period commencing upon the initial date of hire for certified officers, and in the case of non-
certified personnel, twelve (12) months from the date of graduation from the Police academy.
During this time the employee may be discharged at the sole discretion of the City, consistent
with applicable Civil Service Rules and Regulations (Section 12-PROBA nON) and without
recourse to the grievance procedure.
16.1.2 PROMOTIONAL PROBATION; A twelve (12) month period commencing upon the initial
date of a regular promotional appointment during which a promoted employee who is unable to
perform the duties of the higher level position shall be returned to his or her previous
classification at the time of appointment at the sole discretion of the City, consistent with
applicable Civil Service Rules and Regulations (Section 12 - PROBA nON) and without
recourse to the grievance procedure. .
16.1.3 LEOFF I EMPLOYEE: An employee who qualifies for and is a member of the Washington
State Retirement System commonly known as "LEOFF I".
16.1.4 LEOFF II EMPLOYEE: An employee who qualifies for and is a member of the Washington
State Retirement System commonly known as "LEOFF II".
16.1.5 BASE RATE OF PAY: The base pay rate for an employee as listed in Appendix "A" excluding
longevity and any other premium pay.
16.2
INDEMNIFICATION OF EMPLOYEES: The City shall provide legal defense and will pay all
legitimate claims, settlements, judgments, and associated costs for employees and their marital
communities named as parties or defendants in claims or lawsuits as a result of acts or omissions made in
the good faith performance of the City's business.
16.3
PROVISIONAL APPOINTMENT: Any employee who is appointed to a position classification by the
Chief of Police on a provisional basis shall be paid the established compensation for such position
classification.
16.4
DEPARTMENT POLICY MANUAL AND POLICY CHANGES: The Police Department Policy
Manual will be distributed to all bargaining unit employees. The employee will acknowledge receipt of
and will become knowledgeable of the Manual's or Policy's contents. All revisions to the Manual or
Policy that apply to members of the bargaining unit will be provided to employees for inclusion in the
Manual. Further, the Department will inform the Guild of policy revisions prior to enactment.
16.5
POLICE OFFICERS INTERVIEW GUIDELINES: The Safety of our community and its citizens,
plus the integrity and reputation of the Police Department depends to a great extent on the manner in
which the members of the department perform their varied and difficult duties. To ensure that internal
investigations are conducted in a manner conducive to good order and discipline, and also observe and
protect the individual rights of each member of the Department, the following rules are hereby
established:
Collective Bargaining Agreement
City of Bremerton and the BPOG
1/1/2009 ~ 12/31/2011
Page 16 of26
Ratified contract 4-15-09
16.5.1
16.5.2
16.5.3
16.5.4
16.5.5
16.5.6
16.5.7
16.5.8
16.5.9
The interview of any Department member shall be conducted at a reasonable hour,
preferably when the member is on duty and/or during daylight hours, unless the urgency
. of the investigation dictates otherwise. If such interview occurs during off-duty time of
the member being interviewed, the member shall be compensated for his or her off-duty
time in accordance with the overtime provisions of this Agreement.
The interview shall take place at a location designated by the investigation officer,
preferably at the Police Department.
Before any questioning commences, a member of the Police Department shall be advised
in writing in the event that person becomes a suspect in an administrative investigation.
The member being interviewed shall be informed of the nature of the investigation, and
name(s) of all complaining parties before the interview commences.
The member being interviewed shall be informed of his or her right to and be afforded an
opportunity and the necessary facilities to contact a Guild representative prior to
commencement of the interview. The member's representative may be present during the
interview. Nothing herein shall in any way restrict the rights of the representative with
the employee during the process ofthe interview.
The interview shall be conducted in the most expedient manner consistent with the scope
and gravity of the subject matter of the interview. The member shall be permitted
reasonable periods to attend to personal necessities.
The member shall not be subjected to offensive language or intimidation during the
process of the interview. No promises or rewards shall be made to the employee as an
inducement to answering questions. When the member is being interviewed in a non-
criminal matter for violation of departmental rules, regulations or orders, that member
shall answer truthfully all questions concerning the investigation posed to him or her by
the interviewing officer. When the member refuses to answer such questions, he or she
will be informed that his or her refusal to answer may become the subject for disciplinary
action.
A member shall not be required to take a truth verification test as part of the interview
process.
Nothing contained in any of the above guidelines shall restrict and/or Jlmit the authority
of the Chief of Police or designee in the performance of his or her duties and
responsibilities as the Chief Administrator of the Bremerton Police Department.
No tape recording will be made of the interview without prior advisement. There will be
no off-the-record questions during a recorded interview, unless the parties mutually
agree. If the Department tape records the interview, a taped copy of the complete
interview of the employee, noting all recess periods, may be furnished, at the cost of the
tape, upon request of the employee. If the interviewed employee is subsequently
disciplined and any part of any recording is transcribed by the employer, the employee
shall be given a complimentary copy thereof. The Guild may be allowed to tape record
the interview.
Collective Bargaining Agreement
City of Bremerton and the BPOG
1/ 1/2009 - 12/31/2011
Page 17 of26
Ratified contract 4-15-09
16.5.10
When the member being interviewed is in custody, or is likely to be placed in custody as
a result of the interview, that person shall be informed of his or her Constitutional Rights
prior to commencement of the interview. The member may request a postponement of the
initial interview to contact an attorney. The interview may not be postponed more than
twenty-four (24) hours with allowances being made for weekends and holidays.
16.5.11
Use of Deadly Force: When an employee uses deadly force pursuant to RCW
9A.16.010 (2) , the employee shall not be required to make a written statement for
twenty-four (24) hours after the incident., The officer may be required to verbally report a
brief summary of the facts of the incident to include information for securing evidence,
identifYing witnesses, apprehending suspects, securing search warrants (clarification
only~, or any other exigent circumstances. The affected employee may waive the twenty-
four (24) hour requirement.
ARTICLE 17
MANAGEMENT RIGHTS
17.1 Any and all rights concerned with the management and operation of the Police Department are exclusively that of
the City unless otherwise provided by the terms of this Agreement. The City has the right, among other actions, to
adopt rules for the operation of the Department and conduct of the employees, to discipline, suspend or discharge
employees for just cause, to assign work and determine duties of employees, to determine number of personnel to
be assigned duty at any time, to determine and introduce new work methods or facilities to increase productivity
for operation of the Department and to perform all of the functions not otherwise expressly limited by this
Agreement; provided, nothing herein shall be construed as a waiver of collective bargaining rights conferred on
the parties by RCW 41.56.
17.2 The Chief of Police may change Crime Scenes/Evidence Technician and/or Community Resource Officer to
civilian positions, provided that the same number of sworn police officer positions are maintained in the
Department.
ARTICLE 18
PERFORMANCE OF DUTY/NO STRIKE
18.1 The City and the Guild recognize that the public interest requires the efficient and uninterrupted performance of
all City services and pledge their best efforts to avoid or eliminate 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
duties to the best of his or her abilities. During the term of this Agreement, the Guild and/or membership shall not
cause, engage in or sanction any work stoppage, strike, walkout, sit-down, stray-in, slowdown, sick-in,
curtailment of work, or interference with City operations at any location whatsoever; provided, that nothing herein
shall be interpreted as to prohibit lawful information picketing. Employees who engage in any of the foregoing or
similar activities shall be subject to immediate disciplinary action up to and including discharge. The City shall
not institute any lockout of employees during the term of this Agreement.
ARTICLE 19
GRIEVANCE PROCEDURE
19.1. DEFINITIONS:
19.1.1
GRIEVANCE: A grievance is an allegation of a violation of the terms and conditions of this
Agreement which is to be resolved through this Grievance Procedure.
Collective Bargaining Agreement
City of Bremerton and the BPOG
1/1/2009 - 12/31/2011
Page 18 of26
Ratified contract 4-15-09
19.1.2
19.1.3
CIVIL SERVICE APPEAL (Section 5-APPEALS): An appeal is an allegation of a violation of
the Civil Service Rules that is to be resolved through the Civil Service Appeals procedure and is
not resolvable through this Grievance Procedure.
UNFAIR LABOR PRACTICE: An Unfair Labor Practice charge is an allegation of a violation
of the Washington State statutes governing public employment labor relations which is to be
resolved through the Public Employment Relations Commission's rules and regulations and is not
resolvable through this Grievance Procedure.
19.2 STEP 1: An employee who believes that the terms and conditions of this Agreement have been violated shall first
discuss the matter with the person who took the action giving rise to the belief with his or her immediate
supervisor within fourteen (14) calendar days of the date the action took place or within fourteen (14) days of the
date upon which the employee, by due diligence, could reasonably have been expected to know of such action.
The person who took the action shall provide the employee with a written response within fourteen (14) calendar
days of the date upon which the grievance was discussed with the employee.
19.3 STEP 2: In the event that the person who took the action does not resolve the issue to the satisfaction of the
employee at Step 1 of this procedure, the employee shall reduce the matter to writing and shall:
19.3.1
19.3.2
19.3.3
19.3.4
State whether the employee is selecting a Civil Service Appeal or the Grievance Procedure herein
as the dispute resolution method to be used to resolve the issue.
In the event the employee selects the Civil Service Appeal method, the employee shall comply
with the Civil Service Rules in processing the matter.
In the event the employee selects the Grievance Procedure method, the employee shall reduce the
matter to a written grievance and shall state: the section (or sections) of this Agreement which
is/are alleged to have been violated; an explanation of the grievance in detail, including dates,
actions and such other information necessary to a full investigation of the facts and circumstances
giving rise to the grievance; and the remedy sought.
The employee shall have the right to be assisted by an authorized Guild representative in reducing
his or her grievance to writing. The employee shall present the written grievance to the immediate
superior of the person who responded to Step 1 above within fourteen (14) calendar days of the
date the employee received a written response at Step 1 of this procedure. In the event the Police
Chief responded at Step 1 above, the employee shall proceed to Step 4 of this Grievance
Procedure. The immediate superior may meet with the employee and the employee's Guild
Representative within fourteen (14) calendar days after receipt of the written grievance for the
purpose of considering the matter. The immediate superior shall reduce his or her decision to
writing and shall transmit the decision to the employee with a copy to the Guild representative
within fourteen (14) calendar days of receiving the written grievance or of meeting with the
employee and the Guild Representative.
19.4 STEP 3: In the event that the immediate superior does not resolve the grievance to the satisfaction of the
employee at Step 2 of this procedure, the employee shall transmit a copy of the original grievance along with a
copy of the written response received at Step 2 to the Police Chief within fourteen (14) calendar days of receipt of
the immediate superior's written response. The Police Chief may convene a meeting with the Guild representative
in an attempt to resolve the grievance. The Police Chief shall reduce his or her decision to writing within fourteen
Collective Bargaining Agreement
City of Bremerton and the BPOG
1/1/2009 - 12/31/2011
Page 19 of26
Ratified contract 4-15-09
(14) calendar days of the Chief s personal receipt of the grievance or, if a meeting was held, within fourteen (14)
calendar days after meeting with the Guild Representative and transmit the decision to the Guild.
19.5 STEP 4: In the event that the Police Chief does not resolve the grievance at Step 3 of this procedure, the Guild
may request arbitration of the issue by written notification to the Human Resources Manager within thirty (30)
calendar days of receipt of the Police Chiefs decision. In the event the Guild does not request arbitration of the
issue within the thirty (30) calendar day period, the grievance shall be deemed withdrawn. Prior to the selection of
an arbitrator and submission of the grievance for hearing by said arbitrator, the Human Resources Manager shall
informally review the grievance and determine whether said grievance may be adjusted to the satisfaction of the
employee. The Human Resources Manager shall have fourteen (14) calendar days in which to review and seek
adjustment of the grievance.
19.6 SELECTION OF ARBITRATOR: A neutral arbitrator shall be selected by mutual agreement or through a
mutually agreeable process. In the event the parties cannot agree, either party may petition the Public
Employment Relations Commission for a panel of arbitrators.
19.7 POWERS AND DUTIES OF THE ARBITRATOR: It shall be the duty of the arbitrator to conduct a hearing
on the issue or issues submitted by the parties for decision. The hearing shall be kept informal and private. The
arbitrator shall interpret the provisions of this Agreement as they apply to the issue or issues submitted for
decision and shall not add to, subtract from, nor in any way otherwise alter or recommend the alteration of the
terms and conditions of the Agreement in deciding the matter. Within thirty (30) days of the close of the hearing
or submission of briefs, whichever occurs later, the arbitrator shall render a written decision, which shall be
binding upon the parties. The arbitrator shall conduct the arbitration hearing in conformance with the Voluntary
Rules for Labor Arbitration of the American Arbitration Guild.
19.8 COSTS OF ARBITRATION: The expenses of the neutral arbitrator shall be borne equally by the parties. Each
party shall singly bear all costs related to preparing and presenting its own case before the arbitrator, including
costs of witnesses. The party desiring a record of the proceedings shall bear the cost of obtaining such record.
19.9 TIME LIMITS: Time limits established in this procedure shall be strictly adhered to but may be waived by
mutual agreement of the Guild and the City. All procedures contained herein shall be complied with as
expeditiously as practicable.
ARTICLE 20
SEVERABILITY
20.1 In the event that any provision of this Agreement is held invalid by any tribunal of competent jurisdiction, the
remaining provisions of this Agreement shall not be held invalid and shall remain in full force and effect. The
Guild and the City shall immediately meet and attempt to renegotiate any provision found invalid.
ARTICLE 21
ENTIRE AGREEMENT
21.1 The Guild and the City 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 City and the Guild each voluntarily and unqualifiedly agree to
waive the right to oblige the other party to bargain with respect to any subject or matter not specifically covered
by the Articles of this Agreement during the term of this Agreement, except as mutually agreed upon. The
Employer shall not unilaterally change any mandatory subject of bargaining without providing the union with
prior notice and the opportunity to bargain.
Collective Bargaining Agreement
City of Bremerton and the BPOG
111 /2009 - 12/3112011
Page 20 of 26
Ratified contract 4-15-09
ARTICLE 22
CONFLICTING PROVISIONS
22.1 In the event that any provision of this Agreement is found to be in conflict with any other Resolution, Ordinance,
Policy, Regulation or Rule of the City, the provision of this Agreement shall prevail.
ARTICLE 23
LABOR MANAGEMENT COMMITTEE
23.1 LABOR MANAGEMENT: The Employer and the Guild agree that a need exists for closer cooperation between
labor and management. To accomplish this objective, the Employer and the Guild agree that no more than four (4)
duly authorized representatives of the Guild shall function as one-half (12) of a Labor-Management Committee,
the other half being no more than four (4) certain representatives of the Employer named for that purpose. The
committee shall meet as needed for the purpose of discussing and facilitating the resolution of all problems, which
may arise between the parties. The meeting shall be audio recorded and the City shall provide a draft of the
minutes of the meeting to the Guild's committee within (2) two weeks of the meeting. The committee shall be
chaired by a member elected by the committee.
23.2 Should the Guild and Employer mutually agree to change, add, or delete any provision of this Agreement,
policies, rules or other matters, such change shall be set forth in writing
ARTICLE 24
PREMIUM PAY
24.1 MASTER PATROL OFFICER: Effective upon assignment, any employee who meets the requirements for the
Master Patrol Officer (MPO) program shall receive a premium of five (5%) of their base monthly rate of pay for
all hours worked as an MPO.
24.2 K-9 STIPEND: Effective upon assignment, a K-9 Officer shall receive as compensation for the care and
maintenance of his/her dog and equipment, a K-9 stipend of three (3) hours per week at 48% of a Step 5
Police Officer overtime rate.
24.3 FIELD TRAINING OFFICER PREMIUM. Field Training Officers shall receive a premium equal to
three percent (3%) of their base monthly rate of pay when performing the duties for an entire shift. This
premium may not be pyramided for those officers receiving the MPO premium.
ARTICLE 25
RETIREMENT BENEFITS/DEFERRED
COMPENSATION
25.1 DEFERRED COMPENSATION: The City shall match the payroll deduction of any written request by an
employee covered by this Agreement, in an amount not to exceed four percent (4.0%) of the employees base
monthly pay rate. This shall not apply to LEOFF II employees who have completed 15 or more years with the
City.
25.2 LEOFF II EMPLOYEES WHO HAVE COMPLETED FIFTEEN (15) OR MORE YEARS WITH THE
CITY - LEOFF II employees shall be required to contribute four per cent (4%) into Deferred Compensation. This
does not preclude a LEOFF II employee from deferring more than the required contribution.
25.3 LIFE INSURANCE: The City shall provide life insurance coverage in an amount equal to fifty thousand
($50,000) with a mutually agreed upon carrier.
25.4 RETIREMENT MEDICAL SAVINGS ACCOUNTS: The City shall contribute thirty dollars ($30.00) per
month on behalf of each employee to a Health Reimbursement Arrangement (HRA) through Voluntary Employee
Benefits Association (VEBA) trust.
Collective Bargaining Agreement
City of Bremerton and the BPOG
1/1/2009 - 12/31/2011
Page 21 of26
Ratified contract 4-15-09
ARTICLE 26
EDUCATIONAL INCENTIVE
26.1 Employees shall be eligible to receive Educational Incentive pay according to the following:
Associate's degree or equivalent (90 quarter or 60 semester hours)
Bachelor's Degree
Two percent (2%)
Four percent (4%)
26.2 Degrees and credit hours earned shall be documented through official transcripts from accredited colleges or
universities. It shall be understood that for the 90 quarter or 60 semester hours to be accepted, they must be
courses required in the pursuit of an Associates or Bachelors degree from an accredited college or university.
26.3 Educational Incentive pay shall not be cumulative and it shall be the responsibility of the employee requesting
educational incentive pay to provide the City with certified transcripts of his/her hours earned. and/or degree(s)
awarded. Educational Incentive shall be paid to the employee beginning the next pay period following receipt of
the documentation, and shall not be retroactive.
26.4 Officers on probationary status shall not be eligible for educational incentive pay.
ARTICLE 27
TERM
27.1 This Agreement shall become effective January 1, 2009 and shall remain in effect through December 31, 2011,
and may be extended thereafter by mutual agreement. It is further agreed that the City or the Guild may request
reopening of this Agreement any time within six (6) months of the expiration for the purpose of negotiating
changes to be effective following the expiration of this Agreement with such notice to be in writing to the other
party .
This Agreement is hereby submitted to the Bremerton City Council for approval. Upon the approval of the Council, this
Agreement shall become binding upon the City, the Guild and all of the employees in the bargaining unit covered by this
Agreement.
DATED THIS_DAY OF April, 2009.
Collective Bargaining Agreement
City of Bremerton and the BPaG
111/2009 - 12/31/2011
Page 22 of 26
Ratified contract 4-15-09
CITY OF BREMERTON:
Carol S. Conley, Human Resources Manage
ATTEST:
wi}
APPROVED AS TO FORM:
Roger Lubovich, City Attorney
~ERTON POLICE OFFICERS GUILD:
~-- ~
Roy Alloway, President
~ LfC;-t{ 1), tW~
;11c1M-,)e1z.- 6f!- ~
Collective Bargaining Agreement
City of Bremerton and the BPOG
1/1/2009 - 12/31/2011
Page 23 of26
Ratified contract 4-15-09
APPENDIX B
TO THE AGREEMENT BY AND BETWEEN
THE
CITY OF BREMERTON
AND
BREMERTON POLICE OFFICERS GUILD
JANUARY 1,2009 THROUGH DECEMBER 31,2011
THIS APPENDIX is supplemental to that Agreement by and between the CITY OF BREMERTON, WASHINGTON
("Employer") and the BREMERTON POLICE OFFICERS GUILD, ("Guild"). .
Master Police Officer:
The Master Police Officer (MPO) program is viewed as an enhanced ~areer development opportunity for the sworn
employees of the Bremerton Police Department. The purpose of an MPO program is to allow qualified non-ranking
officers with special technical and administrative skill to be elevated to a new level,
Qualifications:
A.
An employee has served as a top step police officer for three (3) consecutive years.
B.
Employee has completed, in the course of their employment as a law enforcement officer, 400 hours of
law enforcement specialty training that does not include the training hours of basic academy; basic
equivalency academy; repeated training classes: or refresher training of BAC or first aid.
C.
Employee has served at least 12 months on each patrol shift after completing initial probation~ It shall be
understood that employees may not "double or tripe stack" their time.
Example: An officer who has been concurrently assigned to K-9 and the graveyard shift for 3 years may not count 3 years
of graveyard and 3 years ofK-9; however, the employee may divide the 3 years as desired such as 1 year of graveyard and
2 years ofK-9.
D.
Employee has served satisfactorily in a secondary assignment(s) for the Bremerton Police Department for
a minimum of 18 months. Secondary assignments are assignments above and beyond duties normally
assigned to patrol officers serving in patrol unit. These assignments are detective units, crime scenes,
Community Resource Officers, Traffic, K-9, School Resource Officers and West Park Officer. Additional
secondary assignments as they may be developed can be added to this list.
E.
Employee maintains acceptable work performance standards and has not had a sustained Internal Affairs
investigation one year prior to MPO acceptance. The selection panel may consider other types of minor
complaints on a case-case basis.
Collective Bargaining Agreement
City of Bremerton and the BPOG
1/1/2009 - 12/31/2011
Page 24 of 26
Ratified contract 4-15-09
F. MPO's will be assigned as OIC and FTO as needed. Employee will only handle the sergeant's duties when
he/she has been assigned as OIC or during limited exceptional circumstances. An employee will not be
assigned as OlC while acting in an FTO capacity except during limited exceptional circumstances.
G. MPOs shall not be eligible to receive OlC pay and their 5% MPO premium pay.
H. The Chief of Police will appoint MPO's in the same order in which they are ranked by the panel.
Maintaining MPO Status:
To maintain MPO status an employee must:
A.
Be assigned to the Uniformed Division upon appointment to MPO status for not less than .18 months. If
the employee is vacating a non-uniformed position, the employee shall be assigned to the Uniformed
Division within a reasonable time period, which allows the Department to assign and train a replacement.
B.
Maintain satisfactory work performance.
C.
Not have sustained any major policy rule violations, committed insubordination or be subject to continued
citizen complaints.
D.
Show a commitment to continuance of law enforcement training while serving as an MPO.
If an employee fails to maintain these conditions, he/she will be removed from MPO status by the Chief of Police after
review by the selection panel, and must wait eight months before reapplying. An employee shall not be removed from
MPO status due to a new assignment in non-uniformed position.
MPO Cap:
The number of MPO's shall not exceed (14) fourteen.
Selection Panel:
A.
The original selection panel will consist of two management personnel and two members of the Board of
Representatives of the Guild who do not qualify for selection. Future selection panels will consist of three
MPO's and two management personnel.
B.
Selection panel will meet as needed to review and select applicants for Master Police Officer appointment
and will use the following criteria:
1. Candidates will be listed by seniority, and then given points as follows:
# 1 candidate - 14 point
#2 candidate - 12 points
#3 candidate - 10 points
#4 candidate - 8 points
#5 candidate - 6 points
#6 candidate - 4 points
#7 candidate - 2 points
Collective Bargaining Agreement
City of Bremerton and the BPOG
1/1/2009 - 12/31/2011
Page 25 of 26
Ratified contract 4-15-09
2. Candidates will be listed by number of Training Hours and given points as follows:
# 1 candidate - 7 points
#2 candidate - 6 points
#3 candidate - 5 points
#4 candidate - 4 points
#5 candidate - 3 points
#6 candidate - 2 points
#7 candidate - 1 points
(F or purposes of this selection process, an Associates Degree in a Police related field will count for 100 hours, and a
Bachelors Degree in a Police related field will count for 200 hours.)
3. Candidates will receive one additional point for each additional special assignment of 18 months
or longer up to a maximum of three points. Should two or more candidates have equal standing, their
points will be added and then divided by two (example: top two candidates have the same seniority so
each gets 13 points). Should there be a tie after the points have been totaled, the selection panel will be
required to resolve it and provide a single list to the Chief.
C.
MPO assignment openings will be announced pursuant to Chapter 12 of the Department ManuaL by
posting the information throughout the Department.
D.
Candidates will apply for MPO positions by submitting a letter and written summary of years of service,
training and education, special assignments and letters of recommendation.
E.
The Chief of Police will request the panel convene to review a specific MPO's status.
F.
Decisions by the selection panel regarding selection or removal from the MPO program are not subject to
the grievance procedure.
Collective Bargaining Agreement
City of Bremerton and the BPOG
1/1/2009 - 12/3 1/2011
Page 26 of 26
APPENDIX A
TO THE AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON AND THE BREMERTON POLICE OFFICERS GUILD
January 1,2009 through December 31, 2009
Effective January 1, 2009, the base rates of pay for employees shall be as follows:
BPOG Pay Plan as of 1-1-2009 with 5.00% CPI Adjustment
Annual salary based on 2088 hours per Year.
SteD 1 SteD 2 SteD 3 SteD 4 SteD 5 Master PO MPO Diff
Police Officer Annual 58,818.96 61,011.36 63,851.04 66,690.72 72,474.48 76,107.60
Monthly 4,901.58 5,084.28 5,320.92 5,557.56 6,039.54 6,342.30
Semi-Monthly 2,450.79 2,542.14 2,660.46 2,778.78 3,019.77 3,171.15
Hourly 28.17 29.22 30.58 31.94 34.71 36.45 1.74
+Longevity Base +1.25% 28.52 29.59 30.96 32.34 35.14 36.91 1.77
Base +2.50% 28.87 29.95 31.34 32.74 35.58 37.36 1.78
Base +7.75% 30.35 31.48 32.95 34.42 37.40 39.27 1.87
Base +9.00% 30.71 31.85 33.33 34.81 37.83 39.73 1.90
Base +10.5% 31.13 32.29 33.79 35.29 38.35 40.28 1.93
Deferred Compo 4% 98.03 101.69 106.42 111.15 120.79
SteD 1 SteD 2 SteD 3 SteD 4 SteD 5
(OIC) -
Sergeant Annual 78,467.04 80,200.08 81,870.48 83,624.40 85,336.56
Monthly 6,538.92 6,683.34 6,822.54 6,968.70 7,111.38
Semi-Monthly 3,269.46 3,341.67 3,411.27 3,484.35 3,555.69
Hourly 37.58 38.41 39.21 40.05 40.87
+Longevity Base +1.25% 38.05 38.89 39.70 40.55 41.38
Base +2.50% 38.52 39.37 40.19 41.05 41.89
Base +7.75% 40.49 41.39 42.25 43.15 44.04
Base +9.00% 40.96 41.87 42.74 43.65 44.55
Base +10.5% 41.53 42.44 43.33 44.26 45.16
Deferred Compo 4% 130.78 133.67 136.45 139.37 142.23
SERGEANT CLASSIFICATION - Any employee who is promoted to the classification of Sergeant shall be placed at Step 30fthe
Sergeant classification, provided, however, an employee hired as a Sergeant through a lateral transfer, having not served as a police
officer with the City of Bremerton, may be placed into Step 1 of the Sergeant classification.