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HomeMy WebLinkAbout07/27/05 AGENDA FILE CITY COUNCIL 345 6th Street, Suite 603, Bremerton, WA 98337-1873 03 (360) 473-5280 * * AMENDED * * JULY 27,2005 CITY COUNCIL MEETING AGENDA 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in MEETING CHAMBERS LOCATED ON FIRST FLOOR A. Pledge of Allegiance B. Invocation 3. PUBLIC SERVICE ANNOUNCEMENTS 4. CONSENT AGENDA A. Claims & Check Register (#AB05-165) B. Collective Bargaining between the City of Bremerton and Bremerton Police Management Association (#AB05-166) 5. GENERAL BUSINESS A. Resolution No. 2972 Regarding the Proposed Charter Amendment to Reduce Number of Council Members and Corresponding Districts from 9 to 7; and Submitting a ballot measure to the Voters for the General "Election to be held on November 8,2005 (#AB05-167) 6. EXECUTIVE SESSION A. An Executive Session was held during the Pre-Council session to discuss "POTENTIAL LITIGATION" per R.C.W. 42.30.110(1 )(i) (#AB05-168) 7. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING CITY COUNCIL STUDY SESSION Immediately following the City Council Meeting, the Council Members will reconvene in COUNCIL CONFERENCE ROOM 603 to hear presentations on the following items. Please note that no action will be taken, and the content of these items is subject to change... 1. Air Rights Easement between the City of Bremerton and Kitsap County Consolidated Housing Authority (KCCHA) - Roger Lubovich, City Attorney 2. Contract Amendment to Extend the BKA T Service Agreement with Kitsap County - Laura Lyon, Financial Services Director CONTINUED ON BACK... III Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the Council meeting. ( i 3. Banking Services Contract Extension with BANK OF AMERICA - Cathy Johnson, Financial Services 4. Professional Services Agreement with REINO ENFORCEMENT TECHNOLOGY for Computer Programming and Support for Parking Ticket Administration - Paula Johnston, Financial Services 5. Public Hearing and Resolution reaffirming and ratifying Resolution No. 2971 approving boundary line adjustment; and authorizing Quit Claim Deeds to property owners adjacent to City Property (Capital Hill Fire Station and Forest Ridge Park) - Ken Mickelsen, Parks & Recreation Director 6. Resolution adopting the 2005 - 2011 Six-Year Transportation Improvement Plan (TIP) - Michael Mecham, City Engineer 7. Ordinance to amend Title 21.02 of the Bremerton Municipal Code relating to allowance of attached, zero-lot-line, single unit dwellings within the MR Zone - Chris Hugo, Community Development Director 8. Ordinance to amend Title 21.02.670(c) of the Bremerton Municipal Code to add a parking exemption within Neighborhood Business (NB) Zones in designated Centers - Chris Hugo, Community Development Director 9. Trial Court Improvement Account (Information Only) - Jonna Koehn, Municipal Court 10. Report of Findings from Court Relocation Committee (Information Only) - Mike Shepherd (Chair); Cecil McConnell; Will Maupin; and Brad Gehring AGENDA BILL CITY OF BREMERTON CITY CaUl.JClL BILL *' () )-!~ C- L' ; DATE SUBh1TTTED: BB~D~mEmID~E~~~~D~~Elli~E~~E~~~m~mIDE~E~~~~~~G~~~G&eBE~~~~~~fi~~EID&~IDB~~~EEffi~~gE~~E~~~IDnB~~~t SUnJECT~ Approval of Claims and Cheeks Register C:ommittee l'v1eeting Date: COUNCIl.. MEETU,JG Date: Department: Presenter: Phone: 7-27-OS Financial Services Cathy Johnson 473-5296 SUMMARY: Consent agenda itenL Approval of payroll, checks and electronic fund transfers. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount):. c APPROVALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCALIBUDGET: OPERATIONS: COUNCIL PRESIDENT: CONSENT AGENDA rgj RECOMMENDED MOTION: Move to Approve: 1) Check#'s3cJlf~t; '?Y7?'.FJ .?1t7~---~~ J tllIough4-'?OJft,f? and EFT's W~ ? tru:ough N7? in the amount of $ I .570 9' ~cX>.;( . ~ in the amount of $ 2) Regular Payroll for the pay period ending 3) Retiree Payroll for the pay period ending in the amount of $ COUNCIL ACTION: ~pprove D Deny 0 Table o Continue D No Action AGENDA BILL CITY OF BREMERTON CITY COUNCIL BILL # J2B(,fo DATE SUBMITTED: 7-21-05 LlB ........................................................................................ SUBJECT: Collective Bargaining Agreement between the City and Bremerton Police Management Association Committee Meeting Date: 7/20/05 COUNCIL MEETING Date: 7/27/05 Department: Human Resources Presenter: Carol Conley, HR Director Phone: 473-5347 SUMMARY: Pursuant to RCW 41.56, negotiations have concluded between representatives of the City and the Bremerton Police Management Association (BPMA) resulting in the attached Collective Bargaining Agreement (CBA). These negotiations have been discussed with Council in Executive Session. This CBA replaces the current one that expired on December 31, 2004. The new CBA is for a one (1) year term, beginning January 1,2005 through December 31, 2005. It was ratified by the BPMA membership on July 15,2005. Council approval is required to implement this agreement. ATTACHMENTS: Proposed Collective Bargaining Agreement between the City and Bremerton Police Management Association FISCAL IMP ACTS (Include Budgeted Amount): Fiscal impact of implementing this contact is estimated as follows: 2005 = $17,500. There is sufficient money in the 2005 budget to cover the cost of the proposed contract. APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: 7!J-q/O 5 FISCAL/BUDGET: \..\~ 0..1- ~)(eclA.-\ille Se.s Siol'\ . 7/)..8/ () 5. CONSENT AGENDA ~ OPERATIONS. H~~ {Lf ex'ec<.A.llVl' ~Sjc>Y'\ COUNCIL PRESIDENT: y~_ r~- RECOMMENDED MOTION: Motion to approve the Collective Bargaining Agreement by and between the City and Bremerton Police Management Association, January 1, 2005 through December 31, 2005, and make the necessary amendments to the budget. COUNCIL ACTION: D Approve D Deny 0 Table o Continue 0 No Action Collective Bargaining Agreement City of Bremerton and Bremerton Police Management Association January 1,2005 through December 31, 2005 LABOR AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON AND BREMERTON POLICE MANAGEMENT ASSOCIATION JANUARY 1,2002..4 THROUGH DECEMBER 31, 2005 4 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 Management Association hereinafter known as the "Association" for the purpose of setting forth the wages, hours and other terms and conditions of employment 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 or activity protected by RCW 41.56 shall seek relief through the City's Equal Employment Opportunity Complaint Procedure or the appropriate state or federal agency charged with investigating such matters and shall not process such complaints through the Grievance Procedure of this Agreement. ARTICLE 2 ............. RECOGNITION 2.1 The City recognizes the Association as the sole and exclusive bargaining representative for the purpose of negotiations concerning wages, hours and conditions of employment for all employees in classifications set forth in Appendix A and such classifications as may be added to the bargaining unit during the term of this Agreement. ARTICLE 3 ............. ASSOCIATION ACCESS 3.1 Association 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. ARTICLE 4 ............ SALARIES 4.1 MONTHLY SALARY RATES -- Monthly salary rates shall be paid as set forth in Appendix A which is attached hereto and made a part hereof. Appendix A will be changed as necessary to reflect the following: -Collective Bargaining Agreement - Bremerton Police Mmagement Association January 1,2005 through December 31, 2005 Page 1 of 17 4.1.1 The salary rates for Police Lieutenant and Police Captain will be set so as to maintain the following differentials: 4.1.1.1 The Police Lieutenant top base salary step will be not less than 15% above the top step Police Sergeant base pay rate. 4.1.1.2 The Police Captain top base salary step will be not less than 13% above the top step Police Lieutenant base pay rate. 4.1.2 Effective January 1, 20024, employees will receive a three point zero three one percent (3.031 %) t\VO percent (2% across-the-board cost of living adjustment (COLA). 4.1.3 CA6/ 4.2 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 base salary rate and shall be paid as follows: Length of Continuous Service Rate Per Hour o 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% 2% 3% 7.75% 9.00% 4.2.1 Effective January 1,2004 for LEOFF I employees only: Commencing 21 through 25 years continuous employment Commencing 26 years and over continuous employment 13.5% 14.75% 4.3 PAY RATE WHEN PROMOTED TO A HIGHER CLASSIFICATION -- An employee promoted to a higher classification will receive at least the entry step of the new pay band or a step at least five percent (5%) higher, whichever is greater. However, no employee may be advanced beyond the final step of the new pay band. 4.3.1 The employee's advancement to the next step of the new pay band will be based on the effective date of their promotion to the higher classification. 4.4 STEP ADVANCEMENT -- Advancement from Step to Step will occur upon the positive recommendation of the Police Chief and after completion of twelve (12) continuous months of service in each step, based upon satisfactory attainment of established performance standards, and overall satisfactory performance. Step increases may be withheld for a -Collective Bargaining Agreement - Bremerton PoJjce MlIlagement Association January J, 2005 through December 31, 2005 Page 2 of17 maximum of six (6) months. 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. The denial of a step increase is subject to the grievance procedure. 4.5 TEMPORARYIPROVISIONAL ASSIGNMENT TO HIGHER LEVEL POSITION -- The Police Chief or, in the absence of the Chief, the Mayor may provide a written directive to an employee to perform all or a part of the duties and accept all or a part of the responsibilities of a higher level classification, The employee so directed shall have his/her pay rate adjusted for the duration of the assignment as if he/she had been promoted to the higher classification provided, however, that such adjustment shall be not less than 5%. Other benefits provided such an employee through the provisions of this agreement shall not be affected, and no benefits of the higher level classification shall apply to the employee during the assignment. This provision shall not apply in situations when the Police Chief designates an employee to serve in an "Acting" capacity less than 30 work days during the absence of the Police Chief or a Captain (Division Commander) due to vacations, while attending conferences, and other such usual and customary absences 4.6 DEFERRED COMPENSA TION -The City will match the payroll deduction of any written request by an employee with less than twenty-one years service with the City in an amount not to exceed four-percent (4%) of the employee's base monthly salary. This section does not apply to employees with 21 or more years with the City. 4.7 CONVERSION TO LONGEVITY: Employees who have completed fifteen (15) or more years with the City may elect. by notifying the City in writing on an annual basis. that they wish to convert all or a portion of their defened compensation to longevity. Such conversion shall only be permitted in one-half percent (1/2%) increments. Once an employee has elected to make the conversion from deferred compensation to longevity, they will not be permitted to make any changes whatsoever to the percentage converted. for a full 12 month period. ARTICLE 5 ............. HOURS OF WORK 5.1 Employees shall work such hours as are assigned by the Police Chief which shall be at least forty (40) hours per week, including paid holiday, vacation and sick leave time. In addition, employees shall serve on emergency standby status during such periods as are assigned by the Police Chief and are subject to emergency callback at any time. Employees covered by this agreement are salaried and exempt from the overtime provisions of the Fair Labor Standards Act. ARTICLE 6 ............. VACATION LEAVE 6.1 V ACA TION ACCRUAL -- Employees shall accrue vacation time with pay for all regularly scheduled work time including paid leave time pursuant to the following schedule: -Collective Bargailing Agreement - Bremerton Police MlI1agement Association January 1,2005 through December 31,2005 Page 3 of 17 PERIOD OF CONTINUOUS FULL TIME EMPLOYMENT Date of Hire through 5 years 6th year 7th year 8th year 9th year 10th year 11 th year 12th year 13th year 14th year 15th year 16th year 17th year and thereafter Hours Accrued/Year 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 6.2 V ACA TION ELIGIBILITY -- An employee becomes eligible to take accrued vacation time upon completion of six (6) months of continuous employment. Vacation time must be fully accrued prior to the time an employee takes any vacation time off. 6.3 VACATION SCHEDULING -- Annual vacation leave shall be authorized by the Police Chief or the Chief s designee. Personnel shall schedule vacation leave by mutual agreement of the employee and the Police Chief or the Chiefs designee. 6.4 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 Employment Maximum Balance o through Five (5) years More than Five (5) years 160 hours 300 hours Vacation leave may be accumulated up to a maximum of three hundred (300) hours as of November 15th, of any calendar year. Employees with more than three hundred (300) hours accrued as of November 15th will be paid for any accrual over three hundred (300) hours, up to a maximum of 80 hours. Payment shall be made the 1 st pay day in. December. Any accrual in excess of the 80 hours maximum payout shall be forfeited, and the vacation leave balance shall be reduced to 300 hours. 6.5 V ACA TION PAY-OUT -- Upon the retirement or termination of an employee who has served six (6) continuous full months of employment or more, 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. ~Collective Bargaining Agreement - Bremerton Police Mmagement Association January 1,2005 through December 31, 2005 Page 4 of 17 ARTICLE 7 ............. HOLIDAYS 7.1 HOLIDAYS OBSERVED -- The following holidays shall be observed by the City: New Year's Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas 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. 7.2 FLOATING HOLIDAY- Each employee shall be allowed one additional holiday to be observed by the employee on a day mutually agreeable to the employee and the Police Chief. 7.3 ALTERNATIVE DAYS OF HOLIDAY OBSERVATION -- If a holiday observed by the City falls on a Saturday, the holiday will be observed on the preceding Friday. If a holiday falls on a Sunday, the holiday will be observed on the following Monday. If the day a holiday is observed by the City falls on an employee's regularly scheduled day off, the employee shall receive an alternate day as a paid holiday. 7.4 HOLIDAY COMPENSATION -- An employee shall receive eight (8) hours of time off with pay for each holiday observed by the City and for a floating holiday of each employee's choice. ARTICLE 8 ............. SICK LEAVE AND INDUSTRIAL DISABILITY 8.1 SICK LEAVE ACCRUAL -- Employees shall accrue sick leave time with pay at the rate of .046154 hours for all normal hours of work including paid leave. 8.2 MAXIMUM SICK LEAVE ACCRUAL -- Employees shall be able to accrue sick leave to a maximum of one thousand (1000) hours. 8.3 SICK LEAVE INCENTIVE -- An employee who has more than five (5) years of continuous full time paid employment with the City and who takes thirty-two (32) hours or less of sick leave in the calendar year following the fifth year of employment and any subsequent calendar year, shall have eight (8) hours added to his or her vacation leave balance at the beginning of the following calendar year. 8.4 SICK LEAVE RETIREMENT OR DEATH PAYMENT -- An employee who retires from City service on a service retirement shall be provided a Sick Leave Retirement Payment of thirty-five percent (35%) of the employee's accrued and unused sick leave hours to a maximum of 35% of 960 hours (a maximum total of 336 hours). The payment will be -Collective Bargaining Agreement - Bremerton Police MlIlagement Association January 1,2005 through December 31, 2005 Page 5 of 17 made to the employee at the employee's regular hourly wage rate in effect at the time of retirement or in the event of death, to their designated beneficiary. 8.5 SICK LEAVE USE -- Sick leave must be accrued prior to use by an employee. Sick leave shall be made available to each employee up to the amount of each employee's accrued sick leave balance hours due to: 8.5.1 The temporary disability of an employee resulting from his or her personal illness or InJury. 8.5.2 Providing care for: a) a child of the employee under the age of 18 when they have a health condition that requires supervision or treatment; or b) a spouse, parent, parent- in-law or grandparent of the employee who has a serious health condition or an emergency condition. 8.5.3 Attending medical, dental and/or oculist appointments as needed for preventive or rehabilitative health care of the employee or the employee's children when such care requires parental presence to supervise or authorize treatment. 8.5.4 Upon the birth or adoption of a child, a father may use up to three (3) days of accrued sick leave or claim FMLA leave pursuant to Federal Law as may be amended from time to time. 8.5.5 Providing care for an employee's immediate family member as provided for in Section 8.5.2 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. 8.6 NOTIFICATION OF SICK LEAVE USE -An employee who is absent or expects to be absent from work due to causes specified in 8.5 above, shall provide notification as follows: 8.6.1 ROUTINE APPOINTMENTS -- An employee who schedules a routine medical, dental or oculist appointment shall make every reasonable effort to schedule such an appointment at a time which will cause the least interference with the employee's work hours and duties. 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, in the judgment of the supervisor, 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. 8.6.2 UNANTICIPATED ABSENCE -- An employee who is absent from work or will be unable to report to work as scheduled due to personal illness or injury, or for other causes specified in Section 8.5 above, shall promptly notify the department by telephone or otherwise by 0800 of the day of his or her scheduled work day. -Collective Bargaining Agreement - Bremerton Police Mmagement Association January 1,2005 through December 31. 2005 Page 6 of 17 8.6.3 SICK LEAVE DURING AUTHORIZED P AID LEAVE -An employee who becomes ill or is injured during the employee's paid vacation may request the conversion of such paid leave to sick leave with pay by promptly notifying the department of the illness or injury and providing such information as is required by the department to verify the appropriateness of such a conversion. 8.7 SICK LEAVE DOCUMENTATION AND APPROVAL -- An employee who has been absent on sick leave shall, within thirty-six hours after returning to work, submit such forms and provide such information as are required by the Department to approve the use of sick leave with pay for the absence. The Department may require an employee to demonstrate that he or she has sought treatment, taken appropriate precautions or otherwise effected measures to correct the condition causing the employee's absence. Such demonstrations may take the form of personal statements of the employee, medical examinations or certifications of appropriate professionals, or other methods appropriate to the circumstances. The Department may require an employee to provide certification by a professional physician that the employee is sufficiently recovered as to be able to return to work without posing a health hazard to himself or herself or to other members of the workforce. Sick leave must be approved by the Department prior to payment. The Department shall not unreasonably withhold approval of sick leave with pay from employees. 8.8 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. 8.9 INDUSTRIAL DISABILITY LEAVE FOR LEOFF 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 9 ............. OTHER P AID LEAVE 9.1 BEREAVEMENT LEAVE - An employee will be granted five (5) days of bereavement leave for attending funerals in the State of Washington and seven (7) days for out of state funerals of members of the employee's immediate family. Immediate family shall be defined as spouse, child, stepchild, mother, father, mother/father in-law, brother, sister, bother/sister in-law, grandparents and grandchildren of both the employee and the employee's spouse. 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 of the employee. 9.2 JURY DUTY, WITNESS LEAVE - An employee shall be granted leave of absence with pay for the purpose of reporting to Jury Duty or if subpoenaed as a witness. Any juror or -Collective Bargaining Agreement - Bremerton Police Ml11agement Association January 1,2005 through December 31,2005 Page 7 of 17 witness fees received by the employee for the performance of such duties shall be assigned to the City. 9.3 MILITARY LEAVE - An employee who presents official orders reqUIrmg hislher 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 fifteen (15) 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 fifteen (15) 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). ARTICLE 10............ RETIREMENT BENEFITS 10.1 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 picked up by the City. ARTICLE 11............ INSURANCE BENEFITS 11.1 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 Plan "A" for Dependents. . Group Health Cooperative for Employees and Dependents or another plan of equivalent coverage approved by the Insurance Benefit Committee. 11.2 INSURANCE PREMIUM PAYMENTS -- Payment of insurance premiums shall be made as follows: 11.2.1 Emplo yee premiums will be paid in full by the City for those employees enrolled with KPS. 11.2.2 Effective December 1, 2004, employee contributions toward dependent coverage shall be seven dollars ($7) per month per dependent up to a maximum of twenty- one dollars ($21) per month for full family coverage for enrollees in the Kitsap Physician's Plan. 11.2.3 Employees will be required to pay the following contributions towards the montWy premiums for medical coverage with Group Health: -Collective Bargaining Agreement - Bremerton Police Mmagement Association January 1,2005 through December 31, 2005 Page 8 of 17 GHC - Employee only coverage - Employee pays 100% of the difference between the City's contribution to KPS Plan B Employee only coverage and the cost of GHC Employee only coverage. GHC - Dependent coverage- Employee pays 100% of the difference between the City's contribution to KPS Plan B dependents coverage and the cost ofGHC dependents coverage. 11.3 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. Any other plan must be approved by the Insurance Benefit Committee. 11.4 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 through the provisions of policies held by the City with Standard Insurance Company. The City shall pay a maximum of $17.50 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 Standard Insurance Company through payroll deductions authorized by each enrolled employee. 11.5 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 Association 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 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. 11.6 INSURANCE COMMITTEE -- The Insurance Benefits Committee shall be comprised off 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. NOTE: Due to continuing significant premium increases for Health Insurance coverage, the City will be working with the Group Insurance Selection Committee to address cost containment measures for coverages and employee contributions. 11.7 KPS COST CONTAINMENT MEASURES: The following cost containment measures under KPS sfl.alt-_bec~eme effective January 1,2002: -Collective Bargaining Agreement - Bremerton Police MlI1agement Association January 1,2005 through December 31, 2005 Page 9 of 17 11.7.1 $10 OFFICE VISIT CO-PAYMENT - Employees and dependents enrolled under KPS will pay a $10 co-payment per office visit. Co-payments shall not apply towards satisfaction of the calendar year deductible. 11.7.2 $50 ANNUAL PHARMACY CO-PAYMENT - Employees and dependents enrolled under KPS will pay an additional annual co-pay of $50.00 for covered prescriptions. 11.7.3 An y required co-payments shall be the sole responsibility of the employee. ARTICLE 12............ CLOTHING AND UNIFORM CLEANING ALLOWANCE 12.1 PURCHASE OF UNIFORMS -- The employer shall establish a Clothing Allowance Fund for the Bremerton Police Department. Each police officer shall be furnished uniforms as designated by the Chief of Police. Such uniforms shall be replaced on an as needed basis from the Clothing Allowance Fund, as determined by the Police Department Administration Office. All uniforms purchased by the Employer are to be and remain the property of the Employer. 12.2 CLOTHING ALLOWANCE -An annual allowance of five hundred dollars ($500.00) will be provided to non-uniformed, sworn personnel with less than twenty-one (21) years service with the City. Such allowance shall be paid during the month of January. The employer shall withhold the necessary federal income tax from the cleaning allowance as required by the Federal tax code as now written or hereinafter amended. This section does not apply to employees with 21 or more years with the City. 12.3 UNIFORM CLEANING ALLOWANCE -- There shall be an annual uniform cleaning allowance of three hundred twenty-five dollars ($325.00) per year for employees with less than twenty-one years service with the City. This applies to all personnel covered by this agreement. Such allowance shall be payable in January. An employee will not be required to pay back to the Employer funds received for the purpose of clothing or cleaning allowance after the employee has received such payment. The employer shall withhold the necessary federal income tax from the cleaning allowance as required by the Federal tax code as now written or hereinafter amended.. This section does not apply to employees with 21 or more years with the City. 12.4 CLEANING CONTRACT -- In the event the Employer secures a cleaning contract with an independent cleaning company during the term of this Agreement, 12.3 will become null and void. 12.5 ALTERNATE CLOTHING AND UNIFORM CLEANING ALLOWANCE REIMBURSEMENT METHOD -- At the employee's option, in lieu of the provisions of Section 12.2 and 12.3, he/she may submit appropriate receipts for reimbursement of either or both of these allowances up to the maximum as specified in 12.2 and 12.3 above.. An -Collective Bargai1ing Agreement- Bremerton Police MlI1agement Association January 1,2005 through December 31,2005 Page 10of17 employee must inform the Treasurer's Office no later than January 1 of each year that he/she wishes to utilize this alternative. ARTICLE 13 ............ PERSONNEL PRACTICES 13.1 DEFINITIONS - For the purpose of interpreting the provisions of this agreement, the following definitions shall apply: 13.1.1 13.1.2 13.1.3 13.1.4 Probationary Employee: An employee serving a twelve-month period commencing upon the initial date of hire as a permanent employee during which the employee may be discharged at the sole discretion of the City, consistent with applicable Civil Service Rules and Regulations and without recourse to the grievance procedure. Promotional Probation: A twelve-month period commencmg upon the initial date of a permanent 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 Chief of Police consistent with applicable Civil Service Rules and Regulations, and without recourse to the grievance procedure. LEOFF I Employee: An employee who qualifies for and is a member of the Washington State Retirement System commonly known as "LEOFF I". LEOFF II Employee: An employee who qualifies for and is a member of the Washington State Retirement System commonly known as "LEOFF II ". 13.2 PROMOTIONS AND V ACANCIES- All personnel reductions, filling of vacancies and promotions shall be handled in accord with existing Civil Service Rules and Regulations and shall not be subject to the grievance procedure. 13.3 INDEMNIFICATION OF EMPLOYEES -- The City shall provide legal defense and will pay all legitimate claims, settlements, judgements, 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. ARTICLE 14 ............ TUITION REIMBURSEMENT PROGRAM 14.1 An employee engaged in the pursuit of either undergraduate or graduate degrees related to the Law Enforcement profession shall receive limited tuition reimbursement if he or she meets the following guidelines: . 14.1.1 Tuition reimbursement shall be limited only to those courses related to Law Enforcement subjects and with matriculation at an accredited college or university. -Collective Bargaining Agreement - Bremerton Police MlIlagement Association January 1,2005 through December 31,2005 Page I I of 17 14.1.2 14.1.3 14.1.4 14.1.5 14.1.6 The City will reimburse the employee up to a maximum of $75 per quarter credit hour or up to a maximum of $110 per semester credit hour up to a maximum of 12 credit hours for course registration fees only. Only full time bargaining unit employees in good standing in the Bremerton Police Department are eligible for tuition reimbursement. Tuition reimbursement shall be made if a grade of "C" or better is attained. Employee will be required to furnish proof of payment and an official grade report at the time reimbursement is requested. The Police Chief shall have the authority to grant tuition reimbursement pursuant to the above provisions, and shall have the authority to disapprove tuition reimbursement if cause is shown. It shall be understood that training and or study time will be undertaken during off-duty time. ARTICLE 15 ............ MANAGEMENT RIGHTS 15.1 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 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. ARTICLE 16 ............ GRIEVANCE PROCEDURE 16.1 DEFINITIONS 16.1.1 GRIEV AN CE -- 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. 16.1.2 CIVIL SERVICE APPEAL -- An appeal is an allegation of a violation of the Civil Service Rules which is to be resolved through the Civil Service Appeals procedure and is not resolvable through this Grievance Procedure. 16.1.3 UN FAIR LABOR PRACTICE -An Unfair Labor Practice charge is an allegation of a violation of the Washington State statutes governing public employment labor -Collective Bargailing Agreement - Bremerton Police MlIlagement Association January 1,2005 through December 31,2005 Page 12 of17 relations which is to be resolved through the Public Employment Relations Commission's rules and regulations and is not resolvable through this Grievance Procedure. 16.2 STEP 1 -- An employee who believes\ that the terms and conditions of this agreement have been violated shall first discuss the action giving rise to the belief with the Police Chief within fourteen (14) ~alendar days of the date the action took place or within fourteen (14) days of the date upon which the employee could reasonably have been expected to know of such action. The employee shall have the right to be assisted by an authorized Association representative during this discussion. 16.3 STEP 2 -- In the event that the Police Chief does not resolve the grievance to the satisfaction of the employee at Step 1 of this procedure, the employee shall reduce the grievance to writing and shall state: the section (or sections) of this agreement which is 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 Association representative in reducing his or her grievance to writing. The employee shall present the written grievance to the Police Chief within fourteen (14) calendar days of the date the employee met with the Police Chief. The Police Chief will reduce his or her decision on the grievance to writing and shall transmit the decision to the employee with a copy to the Association representative within fourteen (14) calendar days of receiving the written grievance. 16..4 STEP 3 -- In the event that the Police Chief does not resolve the grievance to the satisfaction of the employee at Step 2 of this procedure, the Association shall, on behalf of the employee, transmit a copy of the original grievance along with a copy of the Police Chief s written response to the Director of Human Resources and the Mayor within fourteen (14) calendar days of receipt of the Police Chiefs written response. The Director of Human Resources and the Mayor shall consider the grievance and may convene a meeting with the Association representative in an attempt to resolve the grievance. The Director of Human Resources shall reduce his or her decision to writing within fourteen (14) calendar days of receipt of the grievance and transmit the decision to the Association. 16.5 STEP 4 -- In the event that the Director of Human Resources and the Mayor do not resolve the grievance at Step 3 of this procedure, the Association may request. arbitration of the issue by written notification to the Director of Human Resources. The Director of Human Resources and the Association shall meet within fourteen (14) calendar days of the date upon which the Director of Human Resources rendered his or her written decision on the grievance and shall select a neutral arbitrator by mutual agreement or through a mutually agreeable process. 16.6 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 -Collective Bargaining Agreement - Bremerton Police MlIlagement Association January 1.2005 through December 31, 2005 Page 13 of 17 to, subtract from nor in any way otherwise alter nor recommend the alteration of the terms and conditions of the agreement in deciding the matter. As soon as is practicable after conducting the hearing, the arbitrator shall render a written decision which shall be binding upon the parties. 16.7 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. 16.8 TIME LIMITS -- Time limits established in this procedure shall be strictly adhered to but may be waived by mutual agreement of the Association and the City. All procedures contained herein shall be complied with as expeditiously as practicable. ARTICLE 17 ............ SEVERABILITY 17.1 In the event that any provision of this Agreement is held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article should be restrained by such tribunal pending a final determination as to its validity, the remaining provisions of this Agreement shall not be held invalid and shall remain in full force and effect. The Association and the City shall immediately meet and attempt to renegotiate any provision found invalid. ARTICLE 18 ............ ENTIRE AGREEMENT 18.1 The Association 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 Association 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. ARTICLE 19............ CONFLICTING PROVISIONS 19.1 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 20 ............ TERM This Agreement shall become effective January 1, 200544 contingent upon ratification by both parties, shall remain in effect through December 31, 200~4, and may be extended thereafter by mutual agreement. The City or the Association may request reopening of this Agreement any time within six (6) months prior to the expiration date for the purpose of negotiating changes to be effective upon ratification ofthe agreement by both the City and the Association. -Collective Bargaining Agreement - Bremerton Police MlI1agement Association January 1.2005 through December 31, 2005 Pagel4ofl7 ARTICLE 21.......... SMOKING POLICY 21.1 The provisions of Human Resources Policy 3-50-05, Smoking Policy, will apply to employees represented by Bremerton Police Management Association, with the following exceptions: 21.1.1. Employees may smoke in a City vehicle when they are not transporting any other person(s). 21.1.2 Employees may smoke outside the entrance to the Westside Patrol Office. Article 22.......... POLICE OFFICERS' BILL OF RIGHTS The wide ranging powers and duties given to the Police Department and its members involve them in all manner of contacts and relationships with the public. Of these contacts come many questions concerning the actions of members of the force. These questions often require immediate investigation by superior officers designated by the Chief of the Bremerton Police Department. In an effort to insure that these investigations are conducted in a manner which is conducive to good order and discipline, the following guidelines are promulgated: 22.1 Internal Investigation Defined - For the purposes of this Appendix, the term "internal investigation" means an investigation by or under the authority of the Chief of Police of activities, circumstances or events pertaining to the conduct or acts of a City law enforcement employee. Such investigation shall be deemed a "criminal investigation" where it is suspected that such conduct or acts are or may be the basis for filing a criminal charge against such employee, and shall be deemed a "major investigation" where it is suspected that such conduct or acts may also or alternatively be the basis for discharge, suspension or other discipline of such employee. 22.2 Employee Advised of Alleged Misconduct - Every employee who becomes the subject of an internal investigation shall be advised at the time of any interview in connection therewith that, as the case may be, (s)he is suspected of: 22.2.1 Committing a criminal offense. 22.2.2 Misconduct which would be grounds for termination, suspension, or other disciplinary action; or that (s)he may be qualified for continued employment with the Police Department. At the time of the interview such employee shall also be informed of the name of the officer in charge of the investigation and the name of the officer who will be conducting the interview. 22.3 Representation by Counsel - Any employee who becomes the subject of a criminal investigation may have legal counsel present during all interviews of such employee. Such representation by counsel shall be confined to counseling and shall not be authority for any participation by counsel in the investigation. -Collective Bargaining Agreement- Bremerton Police MlIlagement Association January 1,2005 through December 31,2005 Page 15 of 17 22.4 Employee to be Informed in Writing-Recorded Interviews - In the case of any major investigation and before any interview commences, the employee to be interviewed shall be informed in writing of the nature of the investigation including information necessary to reasonably appraise him/her of the allegations of any complaint and (s)he shall be afforded an opportunity and facilities to contact and consult privately with an attorney of his/her own choosing before being interviewed. Such employee may request that the interview be recorded, either mechanically or by a stenographer, and no questions shall be asked "off the record". Upon request, the employee under investigation shall be provided an exact copy of any written statement (s)he has signed and a verbatim transcript of any interview of such employee. 22.5 Interviewing Procedures - Interviews shall be held at a reasonable hour and preferably when the employee to be interviewed is on duty unless the exigencies of the interview indicate otherwise. Whenever possible, interviews shall be scheduled during the normal work day of the City. Interviewing shall be completed within a reasonable time and shall be accomplished under circumstances devoid of intimation or coercion. The employee being interviewed shall be entitled to such intermissions as (s)he shall request for personal necessities, meals, telephone calls, and rest periods. All interviewing shall be limited to the conduct or acts of the employee under investigation which form or may form the basis for disciplinary action, termination of employment or the filing of a criminal charge. 22.6 Intimidation of Employee Prohibited - No employee under investigation shall, as a guise for obtaining such employee's resignation, be falsely threatened with dismissal or other disciplinary action should (s)he refuse to resign, nor shall (s)he be subjected to abusive language or in any other manner intimated or offered promises or reward as an inducement to answer questions. ARTICLE 23.......... MANAGEMENT CERTIFICATIONS 23.1 Effective January 1, 200~, An -an-employee who currently holds or obtains management certifications through the Washington State Criminal Justice Training Commission will receive additional compensation for each certification as listed below: Middle Management Certification One point seven-five percent (1.75%) Executive Certification Two and one/halfpercent (2.5%) Maximum additional compensation is capped at 4.25% 23.2 Section 23.1, does not apply to LEOFF I employees with 21 or more years with the City. -Collective Bargaining Agreement - Bremerton Police Mmagement Association January 1,2005 through December 31, 2005 Page 16 of 17 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 Association and all of the employees in the bargaining unit covered by this agreement. APPROVED by the Bremerton City Council on the 27th +001. day of July November 20024. Signed this day of JulyNovember 20024:-. CITY OF BREMERTON: BREMERTON POLICE MANAGEMENT ASSOCIATION: Carol S. Conley, Human Resources Director Captain Craig Rogers, President Robert Forbes, Police Chief Captain Thomas Wolfe, Vice-President Honorable Cary Bozeman, Mayor ATTEST: Paula Johnston, City Clerk APPROVED AS TO FORM: Roger A. Lubovich, City Attorney -Collective Bargaining Agreement - Bremerton Police MlI1agement Association January 1,2005 through December 31, 2005 Page 17 of17 DATE SlJBMITTED: 6-23-05 BILL # oS -It.n, 7 5A f\wluJ e{ 9~~GMW~mgma9m~g~SmgmMa~~~a~m~~@~m~~mgB3SGm~ammmemsamtiam~665B6~5~.6g.meBeMmR&mg6W85omBm.am~~1 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ;>, SUBJECT: Resolution No. .;} 1~7' regarding Proposed Charter Am.endment, Reducing, from Nine (9) to Seven (7), the Number of Council Members and Corresponding Districts and Submitting Ballot Measure to Voters on Nov 8, 2005 General Election Committee Meeting Date: ~-;w..9S- 7-{ '"3""0'::' COUNCIL MEETING Date:+-6-0S- 7-:1.C1""ifJ~ Department: City Council Presenter: 'Will Maupin it m,ki(e Short Phone: 473-5280 SUMMARY: It is being proposed that the City Council submit to the voters, 011 the November 8, 2005 General Election, the question whether or not the membership of the City Council and the respective council districts should be reduced from nine to seven. , Re.3t;J",+,."un 4 I ;;;<. '77;<' ATTACHMENTS: Proposed 8rdtl.1aFIe€ NO, ~ FISCAL IMPACTS (Include Budgeted Amount): Election Funding Included in FY 2005 Budget APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: RECOMMENDED MOTION: Move to form a Citizens Commission to study the City Charter including the issue of the size of the City Council and report back to the City Council with recommendations by December 1, 2005. /t, ) i { i I I i FISCALIBUDGET: OPERATIONS: COUNCIL PRESIDENT: CONSENT AGENDA D /(':;~4_.!-&Zt(~,~\..., -?- J~ 7--0 COUNCIL ACTION: rn'~~prove o Deny o Table D Continue o No Action DATE SUBMITTED: 6-23-05 BILL # oS" -1(.7 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SA ............................................................................................ ;l. d' SUBJECT: Resolution No. ~ f7# regar mg Proposed Charter Amendment, Reducing, from Nine (9) to Seven (7), the Number of Council Members and Corresponding Districts and Submitting Ballot Measure to Voters on Nov 8, 2005 General Election SUMMARY: It is being proposed that the City Council submit to the voters, on the November 8, 2005 General Election, the question whether or not the membership of the City Council and the respective council districts should be reduced from nine to seven. Committee Meeting Date: -€}~9 05- 7--( 3-05-' COUNCIL MEETING Date: 7~6 05 i-:ll1-tJS' Department: City Council Presenter: Will Maupin ~ l'r'\kt::'e ShorT Phone: 473-5280 ATTACHMENTS: Propo~ed ~ia~t,7 tJ{}. ~i];~ FISCAL IMPACTS (Include Budgeted Amount): Election Funding Included in FY 2005 Budget APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCALIBUDGET: OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: :2. Move to pass Resolution No. 297rsetting forth the proposed amendment to the City Charter, for submission to the qualified voters ofthe City ofBremerton for approval or rejection at the general election to be held on November 8,2005, reducing, from nine to seven, the number of City of Bremerton council members and corresponding districts. CONSENT AGENDA D 1'" COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue D No Action RESOLUTION NO. 2972 A RESOLUTION of the City Council of the City of Bremerton, Washington, submitting to the qualified voters of the City of Bremerton for approval or rejection at the general election to be held on November 8, 2005, a proposed amendment to the City Charter amending Sections 6 and 7 by 1) reducing from nine to seven the number of city council members and the number of city council districts 2) providing for a redistricting of council districts and 3) providing for elections for all council districts as redistricted to be held in the November 2007 general election and further removing Section 43 of the City Charter relating to the effective date of the previous charter amendment. WHEREAS, the City Charter provides for nine part-time council members who shall be elected by majority vote from each of their respective districts; and WHEREAS, the City Council desires to submit to the voters the question whether or not the membership of the City Council and the city council districts should be reduced from nine to seven; and WHEREAS, pursuant to RCW 35.22.130 and RCW 35.22.280(37), the City Council may propose amendments to the City Charter, and WHEREAS, amendments to the City Charter must be submitted to the qualified electors of the City of Bremerton for approval or rejection; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Proposed Charter Amendment. The proposed Charter Amendment would amend Sections 6 and 7 of the City Charter by 1) reducing from nine to seven the number of city council members and the number of city council districts 2) providing for a redistricting of council districts and 3) providing for elections for all council districts as redistricted to be held in the November 2007 general election and further would remove Section 43 of the City Charter relating to the effective date of the previous charter amendment. The proposed Charter Amendment reads as follows: Section 6 - Officers - Election - Term - Qualifications: The elective officers of this City shall be cleven nine in number: The Mayor and Municipal Judge, who shall be elected by majority vote from the City at large, and 1 2005 Charter Amendment 1- Hffie--seven part-time members of Council, who shall be elected by majority vote from each of their respective districts. No person shall be eligible for election to any City office, unless he or she is a citizen of the United States and has resided in Bremerton for at least one year preceding election, except the Municipal Judge, who need only be a citizen and reside in Kitsap County and licensed to practice law in the State of Washington. No person shall be eligible for the position of Ceouncil member while holding any other elective public office or otherwise employed by the Ceity. Candidates for Council must also be residents of their respective districts at the time of filing. The Mayor shall continuously reside within the City and Council members shall reside continuously within their district during their elective terms, except as provided in Section 7 ofthis Charter. The terms of all elective officers shall commence on the first day in January following their election and shall be for a period of four years until their successors are elected and have qualified. In the 1997 election positions 1,3, 5, 7 and 9 shall stand for election, and remaining positions will stand f-or election in -l-999-: Pursuant to the 2005 Charter amendment. elections for all council districts as redistricted shall be held in the November 2007 general election. Council members elected in 2007 to represent districts 2, 4 and 6 each shall serve an initial term of two years. Council members elected in 2007 to represent districts 1. 3, 5 and 7 each shall serve four year terms. Thereafter municipal elections shall be held biennially and the requisite Council members those elective officers with expiring terms shall be elected for four year terms. Section 7 - Change in Districts: Council may change the boundaries of existing districts by ordinance to make each as equal in population as practicable, so long as redistricting is approved forty-five days before the fourth Monday in July. Except for the change in boundaries, reduction of districts and the corresponding election pursuant to the 2005 Charter amendment, Ne--no change in the boundaries of districts shall affect the terms of any Ceouncil members; they shall serve out their terms representing the district for which they were elected even though such change of district boundaries may result in more than one Ceouncil member residing in the same district. SeetioB 43 Charter .A...meBded Effeetive Date: ~\mended by a vote of the people during the general election held Noyember 2,2004 '.vith an effective date of Fcbruary 1,2005. . SECTION 2. The proposed amendment to the City Charter shall be submitted to the qualified electors of the City, for approval or rejection, at the general election to be held November 8, 2005 in accordance with RCW 35.22.160. SECTION 3. The Kitsap County Auditor, as ex officio supervisor of Elections, is hereby requested to submit the proposition to the electors of the City of Bremerton of whether or not the proposed amendment to the City Charter shall be adopted. 2 2005 Charter Amendment SECTION 4. In accordance with RCW 35.22.170, the proposed amendment to the City Charter shall be published in the Kitsap Sun at least once each week for four weeks next preceding the day of submitting the same to the electors for their approval or rejection. SECTION 5. Ifthe proposed Charter Amendment is approved by the electors at the general election to be held November 8, 2005, following the effective date ofthe Charter Amendment, the City shall proceed with redistricting of districts pursuant to the City Charter which redistricting shall conform to the Charter Amendment and be completed and in effect for elections for all council districts as redistricted to be held in the November 2007 general election. SECTION 6. Severability.. If anyone or more sections, subsections, or sentences ofthis Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity ofthe remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 7. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. day of PASSED by the City Council of the City of Bremerton, Washington this _ ,2005. DAREN NYGREN, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney PAULA JOHNSTON, City Clerk R:\LEGAL\Resolutions\City Council\2005 Charter Amendment!.doc 3 2005 Charter Amendment From: To: Date: Subject: City Council Council Members Mon, Ju118, 2005 2:26 PM Fwd: City Council Size -- 7 or 9 -------------- Forwarded Message: -------------- From: "Diana Purdy" <dianaourdv(Q)wavecable.com> To: <m .short(Q)comcast.net> Cc: "Sandy Best-Linden" <bestlinden(Q)telebvte.com>, "Ken Linden" <klinden(Q)telebvte.com>, "Shain Hamilton" <shain hamilton(Q)msn,com>, "Doug Wakefield" <ds.wakefield(Q)comcast.net>, "Terry Ryon" <tdrvon(Q)wavecable.com>, "Mark Kuhlman" <mark.team4(Q)earthlink.net>, "Cathy Hall" <catherine.hall(Q)chuQach-ak.com>, "Shaun Hall" <shaun(Q)ahearn-electric,com>, "Wayne Sargent" <saroentwavne(Q)donobi .net> Subject: Re: City Council Size - 7 or 9 Date: Sat, 16 Jul 2005 02:28:48 +0000 Mike, The subject of reducing the number of council members from t:line to seven was presented to the KLNA audience last night. A vote was not taken, but several folks thought the reduction was proposed to save money or ease operations; others stated that money saved by eliminating two positions isn't that significant, and that council members may not be as effective with larger districts to represent. Diana Purdy Secretary/Treasurer Kitsap Lake Neighborhood Association Council Meeting 7/27/05 Item 6A #AB05-168 Move by resol~e Cit.y-ef-Bremerton continue to suppeR community. Move to encourage and authorize the Mayor and City Attorney to continue our support of our traditional medical community, and specifically to intervene and address issues of concern in the pending court proceedings relating to the transfer of KPS to Group Health.