HomeMy WebLinkAbout09/08/2021 STUDY SESSION AGENDA PACKET
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CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280
WEDNESDAY, SEPTEMBER 8, 2021
CITY COUNCIL STUDY SESSION AGENDA
5:00 PM – Via Zoom Webinar
To help reduce the spread of COVID-19, the City Council is conducting a Study Session via Zoom Webinar.
The Study Session is open to the public to listen in, but there will be no opportunities for input; no action is
anticipated; and the content of these items is subject to change. If approved by the Council, these items
will be placed on the September 15, 2021 City Council Meeting Agenda…
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Public questions or comments may be submitted ahead of time to City.Council@ci.bremerton.wa.us
A. BRIEFINGS on AGENDA BILL ITEMS
1. Confirm Reappointment of Benjamin Burnette to the Parks & Recreation Commission
2. Confirm Appointment of Andre Henderson to the Bremerton Housing Authority Board of
Commissioners
3. Confirm Appointment of Thomas Wolfe to Chief of Police
B. GENERAL COUNCIL BUSINESS
o Audit Committee Monthly Briefing – Chair Leslie Daugs
o Other General Council Business
C. ADJOURNMENT OF STUDY SESSION
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Confirm Reappointment of
Benjamin Burnette to the Parks & Recreation
Commission
Study Session Date: September 8, 2021
COUNCIL MEETING Date: September 15, 2021
Department: Executive
Presenter: Mayor Wheeler
Phone: (360) 473-5266
SUMMARY: The Mayor is seeking confirmation for the reappointment of Benjamin Burnette to the
Parks and Recreation Commission. Mr. Burnette is currently serving as Chair of the Parks &
Recreation Commission in his first term which will expire on September 29, 2021. The new term
expires September 29, 2024.
ATTACHMENTS: Application to the committee is available in the Mayor’s Office.
FISCAL IMPACTS (Include Budgeted Amount): None.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Briefing/Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to confirm the reappointment of Benjamin Burnette to the Parks and Recreation Commission
for the term expiring September 29, 2024.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A1
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Confirm Appointment of Andre
Henderson to the Bremerton Housing
Authority Board of Commissioners
Study Session Date: September 8, 2021
COUNCIL MEETING Date: September 15, 2021
Department: Executive
Presenter: Mayor Wheeler
Phone: (360) 473-5266
SUMMARY: The Mayor is seeking confirmation for the appointment of Andre Henderson as a
Resident Board Commissioner to the Bremerton Housing Authority. The term begins October 1, 2021
and expires September 30, 2023.
ATTACHMENTS: Application available in the Mayor’s office.
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to confirm the appointment of Andre Henderson on the Bremerton Housing Authority Board of
Commissioners with a term expiring on September 30, 2023.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A2
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Confirm Appointment of
Thomas Wolfe to Chief of Police
Study Session Date: September 8, 2021
COUNCIL MEETING Date: September 15, 2021
Department: Executive
Presenter: Mayor Wheeler
Phone: (360) 473-5266
SUMMARY: Approval of the attached Employment Contract with Thomas Wolfe 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; and 2) Management, Professional, Confidential &
Fiduciary Salary Plan 2021
FISCAL IMPACTS (Include Budgeted Amount): There are sufficient funds in the 2021 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 Thomas Wolfe 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: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A3
Page 1
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 Thomas Wolfe (“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 10% increase in salary 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
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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 the day after it is approved by City Council 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.
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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 10% increase
in salary for Chief’s pay, with an annual rate of approximately One Hundred Seventy-Six
Thousand, Three Hundred Seventy-Two Dollars, and Six Cents ($176,372.06).
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 Insurance. 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 4
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. For Cause. 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 Employee. 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 5
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 6
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 ideas. 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 11. 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 term of this Contract differs from City Policies, the terms of this Contract shall take
precedence.
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 and 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 7
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: Employee:
City of Bremerton Thomas Wolfe
c/o Human Resources Use the address on file with
345 6th Street, Suite 100 City of Bremerton Office of Human
Bremerton, WA 98337 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.
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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
By___________________________ By___________________________
Greg Wheeler, Mayor Thomas Wolfe
Date: Date:
APPROVED AS TO FORM: ATTEST:
Kylie Finnell, City Attorney Angela Hoover, City Clerk