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HomeMy WebLinkAboutEMPLOYMENT CONTRACT 2018-2020AGENDA BILL CITY OF BREMERTON �� CITY COUNCIL SUBJECT: Confirm Appointment of James Study Session Date: July 11, 2018 Burchett to Police Chief COUNCIL MEETING Date: July 18, 2018 Department: Executive Presenter: Mayor Wheeler Phone: (360) 473-5266 SUMMARY: Approval of the attached Employment Contract with James Burchett confirms his appointment as Chief of Police. Pursuant to Section 21 of the City Charter and Section 2.19.020 of the Bremerton Municipal Code, the Chief of Police shall be appointed by the Mayor, subject to confirmation by the City Council. Employee is currently serving as Interim Chief of the Police Department and the Mayor desires to officially appoint him to the position of Chief of Police. BMC 2.50.034 authorizes adjustments to benefits established for professional and management employees pursuant to an employment contract approved by the City Council. ATTACHMENTS: 1) Employment Contract 2) Salary Comparison Worksheet FISCAL IMPACTS (Include Budgeted Amount): There are sufficient funds in the 2018 budget to cover the cost of this Contract. STUDY SESSION AGENDA: ❑ Limited Presentation ® Full Presentation STUDY SESSION ACTION: © Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to confirm the appointment of James Burchett to the position of Chief of Police; and authorize the Mayor to finalize and execute the Employment Contract with substantially the same terms and conditions as presented. COUNCIL ACTION: r,,Approve Form Updated 01/02/2018 ❑ Deny ❑ Table ❑ Continue ❑ No Action EMPLOYMENT CONTRACT CHIEF OF POLICE THIS EMPLOYMENT CONTRACT ("Contract") is made and entered into by and between the City of Bremerton, Washington, a chartered first class municipal corporation organized under the laws of the State of Washington ("City"), and James Burchett ("Employee"). RECITALS WHEREAS, Pursuant to Section 21 of the City Charter and Section 2.19.020 of the Bremerton Municipal Code ("BMC"), the Chief of Police shall be appointed by the Mayor, subject to confirmation by the City Council; and WHEREAS, Employee is currently serving as Interim Chief of the Police Department and the City desires to officially appoint Employee as Chief of Police of the Department consistent with the laws of the State of Washington and the ordinances and policies of the City; and WHEREAS, The City agrees to provide the same compensation and benefits that the Employee receives as a Captain plus a 5% increase in salary, which is what the Employee is currently receiving while holding the position of Interim Chief, in order to establish fair compensation .and benefits as well as internal equity in transferring from the position of Captain to Chief of Police; and WHEREAS, BMC 2.50.034 authorizes adjustments to benefits established for professional and management employees pursuant to an employment contract approved by the City Council; and WHEREAS, The City also desires to establish certain conditions of employment and set the general working conditions for Employee; and WHEREAS, Employee agrees to accept the position of Chief of Police of the Police Department for the City in accordance with the terms and conditions of this Contract, City ordinances, Police Department Standard Operating Procedures and the City Human Resources Policies, as the same may be amended from time to time ("Policies"), subject to the provisions of Section 11; NOW, THEREFORE, in consideration of the mutual covenants herein contained the parties agree as follows: SECTION 1. EMPLOYMENT AND DUTIES A. The City agrees to employ the services of Employee as Chief of Police of the City's Police Department ("Department"). The Employee agrees to furnish full time services as defined in the job description for Chief of Police, which is attached and hereby incorporated as a part of Page 1 this Contract, which may be amended by the City upon thirty (30) days' notice to the Employee. B. The parties understand and agree that the Employee will perform independent functions and responsibilities in the exercise of his field of work. C. Employee agrees to accept employment and act as Chief of Police for the City and to perform his duties to the best of his ability in accordance with the highest professional and ethical standards of the profession and shall comply with all general rules and regulations established by the State of Washington and the City. D. Employee shall not engage in any activity that is, or may become, a conflict of interest, as defined by Washington law, or would be incompatible with the position of Chief of Police, or enter into a prohibited contract, as defined by Washington law. SECTION 2. POSITION AND TERM A. This Contract shall be effective July 19, 2018 and shall remain in full force and effect until terminated as provided in Section 6 of this Contract. Employee is an "at -will" employee of the City and shall report to and serve at the pleasure of the Mayor. B. The Employee acknowledges, understands and agrees that the position he is accepting with the City is a management/professional position as defined under Chapter 2.50 BMC and is exempt from Union Membership. It is expressly understood by and between the parties that the position of Chief of Police is an exempt position pursuant to the Fair Labor Standards Act. Even though the position Employee is accepting with the City is a management/professional position, Employee will receive the compensation and benefits he received as Captain pursuant to the Bremerton Police Management Association collective bargaining agreement as set forth in Sections 3'and 4 below. C. The Employee further acknowledges, understands and agrees that the position he is accepting with the City is not included in the City's Civil Service system and that he will not be covered by the Civil Service system applicable to the Department under RCW 42.12 and BMC 2.19.020. employee shall not be entitled to any of the procedural or substantive protections afforded civil service employees, but the employment relationship between the City and Employee shall be at will and governed by the terms of this Contract. D. Nothing in this Contract shall prevent, limit or otherwise interfere with the City's right to terminate this Contract, with or without cause, at any time, subject only to the provisions set forth in Section 6 of this Contract, the laws of the State of Washington, City ordinances, and City Polices. E. Nothing in this Contract shall prevent, limit or otherwise interfere with the right of the Employee to resign and terminate this Contract at any time, subject only to the provisions set forth in Section 6 of this Contract. Page 2 F. So long as this Contract remains in effect, Employee agrees to remain in the exclusive employment of City and shall neither accept other employment nor become employed by any other City without the prior written approval of the Mayor. The term "employed" and derivations of that term as used in the preceding sentence shall include employment by another legal entity or self-employment, but shall not be construed to include occasional teaching, writing, consulting or military reserve service performed on Employee's own time, and with the advance approval of the Mayor. SECTION 3. COMPENSATION A. The Employee and City agree that compensation for services rendered under this contract shall begin at Step 5 of the Police Management pay schedule, plus 9% longevity and a 5% increase in salary for Chief's pay, with an annual rate of approximately One Hundred Fifty -Nine Thousand, Six Hundred Forty -Nine Dollars, and Thirty -One Cents ($159,649.31). B. The parties agree that Employee shall receive the same cost -of -living adjustment (if any) that applies to the Bremerton Police Management Association collective bargaining agreement. SECTION 4. BENEFITS A. Medical. Employee shall participate in the City's health benefit (medical, dental, vision, employee ,assistance) plans in accordance with the terms then applicable to other non - represented employees pursuant to BMC 2.50.070. B. Life Insurance. The City shall pay one hundred percent (100%) of the premium for term life insurance in the amount of Two Hundred Thousand Dollars ($200,000.00). The Employee shall name the beneficiary(ies) of said term life insurance. C. Disability Inst The City shall provide long-term disability insurance for Employee with terms equivalent to that which applies to Bremerton Police Management Association employees; D. City Vehicle. Employee shall have the use of a Police Department vehicle. In the event that Employee uses his own vehicle for City business-related trips, the City shall reimburse Employee for such use in accordance with the then -current IRS approved mileage rate. E. Additional Benefits. Employee shall receive certain benefits as provided pursuant to the Bremerton Police Management Association collective bargaining agreement, in lieu of similar benefits, if any, provided to Professional and Management employees, as follows: 1. Education pay; 2. 'Management Certification pay; 3. HRA/VEBA contribution; 4. Sick leave accrual, carry-over and cash out; and 5. Vacation accrual, carry-over and cash out. Page 3 F. Furlough Program. Notwithstanding the terms of this Contract that describes the Employee's salary, the Employee shall participate in any furlough program that applies, from time to time, to City non -represented employees. SECTION 5. RETIREMENT AND DEFERRED COMPENSATION PLANS A. Employee shall be enrolled in the Law Enforcement and Fire Fighters Plan of Washington ("LEOFF"). The City shall make all legally required City contributions for Employee's participation in said system, and Employee shall be responsible for paying all legally required employee contributions for Employee's participation in said retirement system. B. In addition to City's payment to LEOFF described above, City shall pay an amount equal to five and one-half (5.5%) percent of Captain's Step 5 annual base salary into an Internal Revenue Code Section 457 plan or similar deferred compensation program to be paid by the City in accordance with the City's normal payroll schedule. SECTION 6. (RESIGNATION, TERMINATION AND SEVERANCE PAY A. Employee's employment with the City may be terminated (separated from employment) as follows: 1. Without Cause. The Employee is an "at will" employee and the City may terminate his employment with the City without cause, at any time, with thirty (30) days' notice pursuant to BMC 2.50.090. If terminated without cause, Employee shall receive three (3) months' severance pay pursuant to BMC 2.50.090. 2. Forte. The Employee may be terminated from employment with the City for cause, without notice, and Employee understands, agrees and accepts that no severance pay shall be paid. 3. By Employ. In the event that the Employee shall terminate his employment with the City, he agrees that he shall provide the City not less than thirty (30) days' prior notice of the effective date of said termination in order to afford the City a reasonable opportunity to find a replacement. The parties further agree that in the event a replacement is found who is able to commence employment prior to the expiration of thirty (30) days' notice, that they may, in good faith, negotiate an earlier termination date. B. The following reasons shall constitute grounds to terminate this Contract with "Cause" and without payment of the severance provided in Subsection 6.A.2 above: 1. A material breach of this Contract or the repeated neglect by Employee to perform the duties Employee is required to perform under this Contract, either of which continues after written notice and a 30 -day cure period, or which occurs within one year following a prior written notice and cure opportunity under this Subsection 6.B.1; Page 4 2. Conviction of any criminal act relating to employment with the City or otherwise involving dishonesty, moral turpitude or physical violence; 3. Conduct, relating to City employment, which, while not criminal in nature, violates the City Policies or other reasonable standards of professional and personal conduct in some substantial manner injurious to the business or reputation of the City; 4. Conviction of any felony offense; 5. Mental or physical unfitness that prevents the Employee from carrying out the essential functions and/or duties of the position of Chief of Police; and 6. Loss of law enforcement commission. C. As a condition to eligibility to receive any severance benefits under this Section 6, the Employee shall sign, as of the date immediately following his separation and in a form provided by the City, a legal release of any and all claims of any kind against the City (except for earned and unpaid wages and benefits as of the termination date, and except for severance benefits hereunder and COBRA benefits), and agreeing neither to bring any litigation nor to make any written or oral communications that are harmful to the reputation of the City or any elected or unelected official or employee of the City. D. It is understood that after notice of termination or resignation in any form, Employee and the City will cooperate to provide for an orderly transition. Specific responsibilities during such transition will be specified in a written separation agreement. If Employee is involuntarily terminated by City for reasons that have the potential to adversely impact Employee's professional reputation if made public, Employee may request, and if requested, Employee shall be given an opportunity for a name clearing hearing with the Mayor. E. This Contract shall be terminated upon the death or permanent disability of the Employee, which for the purposes of this Contract shall mean that Employee is incapacitated and unable to perform his essential duties, with or without reasonable accommodation, for at least the period of time prescribed by the terms of the Long -Term Disability benefit plan that then covers him. SECTION 7. FLEXIBLE HOURS OF WORK It is recognized that Employee must devote a great deal of time outside the normal office hours on business for City, and to that end Employee shall be allowed to establish an appropriate work schedule that allows time away from the office during normal office hours. It is expected that Employee will work at least forty (40) hours per week. The parties recognize that Employee will be exempt from the provisions relating to overtime payment and compensatory time under the Fair Labor Standards Act. Page 5 SECTION 8. PERFORMANCE EVALUATION The City shall review and evaluate the performance of Employee on an annual basis. Performance evaluations shall be conducted by the Mayor. Employee shall be provided with a written copy of the evaluation. SECTION 9. PROFESSIONAL DEVELOPMENT The City shall budget and pay for the professional dues and subscriptions of Employee and associated costs (including travel, lodging and meal expenses) reasonably necessary for his continuation and full participation in regional, state and local associations and organizations that are necessary and desirable for his continued professional participation, growth and advancement to better serve the interests of the City. SECTION 10.. CIVIC INVOLVEMENT City recognizes the desirability of representation in and before local and regional civil and other organizations,and Employee is authorized to become a member of such civic clubs or organizations he deems necessary or desirable in order to maintain awareness of community attitudes and i eas. City shall pay all expenses for membership and participation in up to three such Bremerton organizations. Employee shall report to City on each membership that he has taken out at City's expense. SECTION 111 OTHER TERMS AND CONDITIONS OF EMPLOYMENT A. All provisions of City ordinances, regulations, rules and City Policies as they now exist or hereafter may be amended, shall also apply to Employee as they would to other employees of the City, except as may be specifically agreed upon herein. B. If any ter of this Contract differs from City Policies, the terms of this Contract shall take precedent . SECTION 12. MISCELLANEOUS PROVISIONS A. Paragraph Headings. The headings in this Contract are inserted for convenience and identification only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this Contract or any of the provisions of the Contract. B. Provisions Severable. Every provision of this Contract is intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Contract. C. Rights an4 Remedies. The rights and remedies provided in this Contract are cumulative, and the use of any one right or remedy by any party shall not preclude nor waive its rights to use any or all other remedies. Any rights provided to the parties under this Contract are given in addition to any other rights the parties may have by law, statute, ordinance or otherwise. Page 6 D. Entire Agreement. This Contract constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Contract. E. Governing Law and Dispute Resolution. This Contract shall be construed in accordance with the laws of the State of Washington. Venue for any dispute arising hereunder shall be in Kitsap County Superior Court. However, before any lawsuit may be filed by either party, the Employee and City must agree to engage in non-binding mediation, in which the expense of the mediator will be paid by the City. Other than the cost of the mediator, each party shall bear its own expenses and attorney fees in any dispute, including mediation or litigation. F. Preparation of Contract. No presumption shall exist in favor of or against any party to this Contract as a result of the drafting and preparation of this document. G. No Waiver. No waiver of any breach by either party of the terms of this Contract shall be deemed a waiver of any subsequent breach of the Contract. H. Counterparts. This Contract may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. I. Amendment. No amendment of this Contract shall be effective unless the amendment is in writing, signed by each of the parties. J. Notices. All notices and demands of any kind which either party hereby may be required or desires to serve upon the other party under the terms of this Contract shall be in writing and shall be served upon such other party by personal service, or by leaving a copy of such notice or demand at the address hereinafter set forth, whereupon service shall be deemed complete, or by mailing a copy thereof by certified or regular mail, airmail if the address is outside the state in which the same is mailed, postage prepaid, with return receipt requested, addressed as follows: City: City of Bremerton c/o Hunan Resources 345 6th Street, Suite 100 Bremerton, WA 98337 Employee: James Burchett Use the address on file with City of Bremerton Office of Human Resources In case of service by mail, it shall be deemed complete on the day of actual delivery as shown on the addressee's registry of certification receipt or at the expiration of the third day after the date of mailing, whichever first occurs. The addresses to which notices and demands shall be delivered or sent may be changed from time to time by notice served as hereinabove provided by either party upon the other party. Page 7 K. Appropriations. No commitment of public funds will be made prior to the approval of this Contract. The terms of this Contract are contingent upon sufficient appropriations being made by the City Council for the performance of this Contract. If sufficient appropriations are not made, this Contract shall terminate subject to the conditions subsequent concerning notice and severance payment being given by the City to Employee as provided in Section 6 of this Contract. Termination pursuant to the terms of this Contract shall not result in any claim for payment or damages by Employee or the City. The City's decision as to whether sufficient appropriations are available shall be accepted by Employee and shall be final. IN WITNESS WHEREOF, this agreement is entered into on the dated fully executed below. CITY OF BREMERTON EMPLOYEE Greg W e er, Mayor Date: Tu �'V► 475, 2,O1 g APPROVEDLAS TO FORM: Roger A. Lubovich, City A B J at7W 6.Z�� Ja es Burchett Date: JL,,/Y ATTEST:a. f n l/�-� City C14k R:\Legal\Legal\Contracts\HR\Police Chief Employment Contract - Final.docx Page 8