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HomeMy WebLinkAbout09/15/2021 CITY COUNCIL AGENDA PACKET______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280 WEDNESDAY, SEPTEMBER 15, 2021 CITY COUNCIL Virtual/Live Stream MEETING AGENDA To help reduce the spread of COVID-19, the City Council is conducting a virtual meeting. The Chambers will be closed, and all Council Members and staff will be participating in the meeting remotely. The public is invited to view and/or participate in the Council Meeting through one of the following options: To stream online only (via BKAT Feed, with no interaction possible): https://bremerton.vod.castus.tv/vod/?live=ch1&nav=live Members of the public are invited to join the Zoom Meeting by clicking on the link below: https://us02web.zoom.us/j/83795789174?pwd=RFRqM1U0RDNYbWtlRjZPVjZ2N3hxQT09 Or One tap mobile: US: +12532158782,,83795789174#,,,,*408318# or +13462487799,,83795789174#,,,,*408318# Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 253 215 8782 or +1 346 248 7799 or +1 669 900 6833 or +1 312 626 6799 Webinar ID: 837 9578 9174 Passcode: 408318 Public questions or comments may be submitted ahead of time to City.Council@ci.bremerton.wa.us 1.CALL TO ORDER: 5:30 P.M. 2.MAYOR'S REPORT 3.PUBLIC RECOGNITION 4.CONSENT AGENDA A.Claims & Check Register B.Minutes of Meeting – September 1, 2021 C.Minutes of Study Session – September 8, 2021 D.Confirm Reappointment of Benjamin Burnette to the Parks and Recreation Commission E.Confirm Appointment of Andre Henderson to the Bremerton Housing Authority Board of Commissioners 5.GENERAL BUSINESS A.Confirm Appointment of Thomas Wolfe to Chief of Police 6.COUNCIL MEMBER REPORTS 7.ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: N/A Claims & Check Register COUNCIL MEETING Date: September 15, 2021 Department: Legal Services Presenter: Angela Hoover Phone: (360) 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1. Check Numbers 394910-395087 and Electronic Fund Transfers V33654-V33743 in the grand total amount of $3,759,170.08 2. Regular Payroll for pay period ending August 31, 2021 in the amount of $983,337.63 ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the consent agenda as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 4A AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Meeting – September 1, 2021 Study Session Date: N/A COUNCIL MEETING Date: September 15, 2021 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Meeting held on September 1, 2021 are attached. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ N/A STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the September 1, 2021 Meeting Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 4B 2 CITY COUNCIL VIRTUAL MEETING MINUTES Wednesday, September 1, 2021 A virtual meeting of the City Council of the City of Bremerton was called to order Wednesday, September 1, 2021, at 5:30 PM with Council President Kevin Gorman presiding. Council Members present were Mike Simpson, Michael Goodnow, Quinn Dennehy, Leslie Daugs, and Pat Sullivan. Council Member Eric Younger was absent. Also present were Assistant City Attorney Brett Jette; City Clerk Angela Hoover; Legislative Assistant Christine Grenier; and IT Manager Dave Sorensen. President Gorman announced that to help reduce the spread of COVID-19, and until the Norm Dicks Government Center is open to the public, the City Council is conducting a virtual meeting, which will remain in effect until further notice; and tonight’s agenda was amended to add Item 9A… MAYOR’S REPORT – Mayor Wheeler…  Wished everyone a Happy First Day of September and Opening Day of the School Year;  Provided an Update on the Kitsap Way Culvert Replacement to be completed by November 26;  Provided an Update on the Marina Square Project to be completed by the 3rd Quarter in 2022;  Shared that it is very exciting for kids to be back in school; and  Asked that drivers be extra cautious around crosswalks and bus stops. PUBLIC RECOGNITION Comments were provided by Ki’aha Long and Anna Mockler… CONSENT AGENDA 4A – Claims & Check Register: Check Numbers 394777 through 394909; and Electronic Fund Transfers V33603 through V33653 in the grand total amount of $1,993,053.57; Regular Payroll for pay period ending August 15, 2021 in the amount of $926,670.70; Regular Payroll for Payouts and Corrections for pay period ending August 15, 2021 in the amount of $9,570.24; and Retiree Payroll for pay period ending August 31, 2021 in the amount of $48,879.73 4B – Minutes of Meeting – August 18, 2021 4C – Minutes of Study Session – August 25, 2021 4D – Collective Bargaining Agreement with the Bremerton Police Officers’ Guild; and related Budget Adjustment 4E – Collective Bargaining Agreement with the Bremerton Police Management Association; and related Budget Adjustment 4F – Public Works Agreement with Petersen Brothers, Inc. for the Tracyton Beach Road Guardrail Project 4G – Ordinance No. 5428 repealing Chapter 6.20 of the Bremerton Municipal Code entitled “Carryout Bags” Questions or comments from the public were provided by Ki’aha Long, Anna Mockler, and Joseph Redal; with a response provided by Human Resources Manager Charlotte Nelson… 5:48 M/S/C/U (Daugs/Sullivan) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS 5A – CONSENT FOR EXTENSION OF PROVISIONAL APPOINTMENT OF THOMAS WOLFE AS CHIEF OF POLICE: Human Resources Manager Charlotte Nelson summarized that pursuant to BMC 2.05.020, no provisional appointment(s) to a non-civil service department director’s position shall extend beyond one hundred twenty (120) days from the date of original appointment without City Council Reg. Mtg. Minutes Wednesday, September 1, 2021 Page 2 of 4 the consent of the City Council. Mayor Wheeler is requesting consent of the City Council to extend the current Chief of Police provisional appointment until such time as City is able run an external recruitment and make a regular appointment. Comments from the public were provided by Joseph Redal, Darryl Riley, Lorai Giotti, Ki’aha Long, Melissa Watkinson, and Anna Mockler… 6:02 Main Motion was made by Sullivan and seconded by Simpson…Comments were provided by Simpson… 6:02 M/S (Sullivan/Simpson) Move to approve the extension of the provisional appointment of Chief of Police Thomas Wolfe until the City is able to run an external recruitment and make a regular appointment. 6:03 Substitute Motion was made by Daugs and seconded by Sullivan…Questions and comments were provided by Daugs, Sullivan, Dennehy, Simpson, Goodnow, and Gorman… 6:23 S-M/S/C (Daugs/Sullivan) Move to substitute for the pending motion to read: Move to approve the extension of the provisional appointment of Chief of Police Thomas Wolfe and request the Mayor to make the regular appointment of Thomas Wolfe as Chief of Police. Voted in favor of Motion: Dennehy, Goodnow, Sullivan, Daugs, Gorman Voted opposed to Motion: Simpson Motion carried: 5-Yes; 1-No 6:24 A-M/S/C/U (Sullivan/Simpson) Move to approve the extension of the provisional appointment of Chief of Police Thomas Wolfe and make a regular appointment; and request the Mayor to make the regular appointment of Thomas Wolfe as Chief of Police as amended. PUBLIC HEARINGS 6A – PUBLIC HEARING FOR 2022 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT APPLICATION: Captain Randy Plumb stated that the Bremerton Police Department is applying for the local solicitation of the Edward Byrne Memorial Justice Assistance Grant (JAG). Since 2010, funding has been used to help fund the salary for the position of the Community Resource Specialist. The grant will allow the City to continue the Community Resource Unit and its crime prevention function and programs. The grant is from the Department of Justice. No matching funds are required of the City. The total grant amount is $18,035.00. President Gorman explained the purpose of this Public Hearing is to accept public comment… Comments from the public were provided by Ki’aha Long… With no further questions or comments, President Gorman closed the hearing to the public, and opened discussion to the Council… 6:27 Motion was made by Daugs; and seconded by Simpson…Questions and comments were provided by Daugs, Simpson, Dennehy, Sullivan, and Gorman; with responses provided by Mr. Plumb; and Community Resource Specialist Joe Sexton… 6:37 M/S/C/U (Daugs/Simpson) Move to approve the Edward Byrne Memorial Justice Grant Application; and to authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. 6B – PUBLIC HEARING ON ORDINANCE NO. 5429 AMENDING SECTION 20.44.120 OF THE BREMERTON MUNICIPAL CODE ENTITLED “DRIVE-THROUGH FACILITIES”: Planning Manager Garrett Jackson explained through a Power Point Presentation that the action before City Council Reg. Mtg. Minutes Wednesday, September 1, 2021 Page 3 of 4 Council is to conduct a Public Hearing and adopt an Ordinance amending BMC Title 20.44.120 Drive-through Facilities. Planning Commissioner Jeff Coughlin also discussed suggested changes. President Gorman explained the purpose of this Public Hearing is to accept public comment… Comments from the public were provided by Ki’aha Long, Faye Flemister, Katie Swanson, Joseph Redal, Christopher Lux, and Anna Mockler… With no further questions or comments, President Gorman closed the hearing to the public, and opened discussion to the Council… 7:27 Main Motion was made by Sullivan; and seconded by Goodnow…Questions and comments were provided by Sullivan, Goodnow, Daugs, Dennehy, and Simpson; with responses provided by Mr. Jackson, Assistant City Attorney Brett Jette, and Mr. Coughlin… 7:42 Motion to postpone was made by Simpson… 7:47 WD-M/ (Simpson/) Move to postpone to the next City Council Meeting on September 15. Following the Withdrawn Motion, discussion by Council continued with questions and comments provided by Gorman, Sullivan; with responses provided by Mr. Jackson… 8:01 M/S/C/U (Sullivan/Goodnow) Move to pass Ordinance No. 5429 as recommended by the Planning Commission to amend Bremerton Municipal Code Section Title 20 related to Drive-through Facilities. COUNCIL MEMBER REPORTS Pat Sullivan announced the Monthly Lions Park Shoreline Weed Warriors Party on Saturday, September 11 from 10:00 AM to Noon, noting that disinfectants, beverages, and snacks will be provided to volunteers. Leslie Daugs welcomed local business owners to register for the virtual Kitsap Black, Indigenous, People of Color (BIPOC) Business Forum which will be held in place of the regular Race Equity Advisory Committee Meeting on Thursday, September 9 beginning at 6:00 PM; announced there will be a REAC Special Meeting on Thursday, September 23 beginning at 6:00 PM via Zoom; appreciated learning about the Police Department from Officers in the past 2 weeks; thanked Mark Biggs for the tour of the Kitsap Way Culvert Project; was excited to see school open again and encouraged safe driving; wished Council staff Lori Smith a very Happy 35th Wedding Anniversary; and asked that people continue to be safe to prevent the spread of COVID-19 and to check on your neighbors. Quinn Dennehy looked forward to hosting a “Meet Your Council Member” District 4 Meeting on Sunday, September 26 starting at Noon via Zoom; and echoed comments made by Council Member Daugs to reduce COVID-19. Mike Simpson thanked local veterans for their service in Afghanistan; thanked City staff for working on the nuisance property located at 1317 Lafayette; congratulated Chief Wolfe; and encouraged people to be safe and to use their personal discretion. President Gorman announced that Manette Fest will be on Sunday, September 12 from 10:00 AM to 4:00 PM; established that until further notice, Council meetings would continue to be held remotely, including the next Study Session on September 8 beginning at 5:00 PM; and that an Exempt Closed Session would be held immediately after adjournment, to discuss Labor Negotiations, as allowed under RCW 42.30.140 (4) (b) and no action is anticipated. City Council Reg. Mtg. Minutes Wednesday, September 1, 2021 Page 4 of 4 With no further business, President Gorman adjourned the Council Meeting at 8:10 PM. Prepared and Submitted by: ______________________________ CHRISTINE GRENIER Legislative Council Assistant APPROVED by the City Council on the 15th day of September, 2021. ________________________________________ KEVIN GORMAN, City Council President Attest: ________________________________________ ANGELA HOOVER, City Clerk KG:AH:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Study Session – September 8, 2021 Study Session Date: N/A COUNCIL MEETING Date: September 15, 2021 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Study Session held on September 8, 2021 are attached. ATTACHMENTS: Study Session Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ N/A STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the September 8, 2021 Study Session Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 4C 2 CITY COUNCIL STUDY SESSION MINUTES Wednesday, September 8, 2021 A virtual Study Session of the City Council of the City of Bremerton was called to order on Wednesday, September 8, 2021 at 5:00 PM, with Council Vice President Leslie Daugs presiding. Other Council Members present were Eric Younger, Mike Simpson, Michael Goodnow, and Pat Sullivan. Council President Kevin Gorman and Council Member Quinn Dennehy were absent. Also present were Legislative Office Manager Lori Smith and IT Systems Engineer Hans Nilsson. Vice President Daugs established that to help reduce the spread of COVID-19, and until the Norm Dicks Government Center is open to the public, the City Council is conducting the Study Session via Zoom, and all Council Members and staff will be participating remotely… She further established that the Study Session is open for 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 Virtual Meeting Agenda… A. BRIEFINGS on AGENDA BILL ITEMS 1. Confirm Reappointment of Benjamin Burnette to the Parks & Recreation Commission Consent Agenda 2. Confirm Appointment of Andre Henderson to the Bremerton Housing Authority Board of Commissioners Consent Agenda 3. Confirm Appointment of Thomas Wolfe to Chief of Police General Business B. GENERAL COUNCIL BUSINESS o Audit Committee Monthly Briefing – Chair Leslie Daugs o Other General Council Business was briefly discussed. Vice President Daugs reminded the public that all meetings will be held remotely until further notice, including the next Council Meeting on Wednesday, September 15, 2021 at 5:30 PM. With no further business, the Study Session was adjourned at 5:23 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager APPROVED by the City Council on the 15th day of September, 2021. ______________________________ KEVIN GORMAN, Council President ATTEST: ______________________________ ANGELA HOOVER, City Clerk KG:AH:ls:cg 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 4D 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 4E 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 Added: Citizen Letters and information related to previous presentations… 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 5A 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 Page 2 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. Page 3 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. Page 8 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 From: Jeff <zjeffz@gmail.com> Sent: Wednesday, September 8, 2021 5:12 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Police Chief Selection I am completely disgusted by the way the city council handled the selection of our Chief of Police. Backdoor, secretive selections like this are where the systemic racism comes from. What is wrong with you Leslie, you should know better. Just because you are the one in the backroom deals doesn't make it right now. I am so disappointed in you. Jeff Campbell From: To: Cc: Subject: Date: Leslie Daugs Jeff City Council Fwd: Response to Citizen Comment - Police Chief Selection (Jeff Campbell) Thursday, September 9, 2021 7:49:08 PM Mr. Campbell, There was NO back door dealing regarding the Police Department. And I have always been transparent with the work I do. I am highly offended by this comment. I have never worked in a manner that there is back door dealings. I listen to both sides before I make a decision. Everything I have done to this point has not been secretive nor done in hiding. I met at local coffee shops, out in the public and very open through out. Our job as council members is to make decisions for what’s best for the city. I make my decisions by hearing from the community, but hearing from the other side as well. I can not and will not make a vote that is one sided. So, how did we get hear. I knew this was coming back to the table for discussion. So, I did my homework. I chose to meet with the department. No other council members have chosen to listen to the department. I wanted to get both sides of the story and listen. One is not found guilty based on one side of the story. You have to listen to both sides to make the best decision moving forward. I have talked and heard from the community…and I needed to hear from the Bremerton Police Department. So, I scheduled various individual meetings with at least 12 police department officers, and had coffee with the Interim Police Chief. So I heard from all moving forward, here are the facts from the meetings with the Bremerton Police Department Officers - No one in the department wishes to apply for this position - There are new State Mandates regarding police departments, which is causing an low crew moral. A few officers have resigned and moved to other states to work. - Interim Chief Wolfe has hired attorney’s to train the department on these new state mandates. No other police dept., has done this as of yet. Which took affect on July 25, 2021. - Every officer I talked too, said they need consistency..someone that knows these new laws. - They also shared the last thing they want is a possible new hire from out of state who don’t know our state regulations, thus putting the department in jeopardy. - They believe in the hiring process, but felt at this time to not disrupt an already uneasy department - We the City did a hiring process for our current Fire Chief. We the city spent $35,000, of your tax dollars. 7 individual applied…ALL WHITE MALES, in the end we hired the recent Interim Fire Chief, who has been with the department as a long time employee, worked his way up. Applied for the position and is now the Fire Chief. - Members of the Race Equity Advisory Committee have shared their concerns. 5 of the committee members were in favor of this. A quote “We don’t want to hire someone to be the token POC”, “This would do a disservice to them as an individual and to the department.” - All officers agreed at this time, it would hurt the department to bring someone new in who doesn’t know the City, the department, the community. Chief Wolfe knows the key players in our community and has built a relationship with our community. So, Mr. Campbell, I always listen to both sides to make the best decisions for the city. I have pushed to make the city a Welcome City. From this we put a resolution in place. Thus looking at police policies within the city to not work directly with ICE. I have participated in ride alongs and police trainings. The trainings put a weapon in my hands, to make a split decision to shoot or not shoot. To make a decision to save my life, the other individuals within the training. I can proudly say I made the right decision that all individuals were not harm. But this gave me a picture of what our police do. I left those trainings, with my adrenaline on a high, a nervous wreck thinking I could of been shot. Yes, these were trainings, but it gave me a visual of what our Police do every day. I have come to appreciate our city and our Police Department, and glad to live in Bremerton where our department is making decisions every day to better our city. Are we perfect …? No, I don’t know anyone who is perfect. I have my flaws, and so does everyone else. Personnel issues may have evolved, but proper recourse has been done..and I believe that once recourse has been done, change has been made. I would love to have coffee with you and share more about my meetings with the department. But please know I am doing what’s best for the City, for the Citizens, for the department. I do my homework to put all pieces together. To hear both sides of the story. I am the first person to admit if I did wrong. But, I feel confident in my decision moving forward. The question I have for you…where were you when we the council was having this decision? Did you give public comment? I recall community members that were of color who spoke in favor of keeping and appointing Interim Chief Wolfe to Police Chief. I listen to all sides, I do have a problem when someone confronts me on my decision and a vote has been made after the fact. Not sharing their input until an item has moved forward. I don’t take my position lightly and nor do I do anything in an abusive way. I am transparent, I take no gifts or payment for anything ie: a bought lunch/meal, free tickets. I pay for my coffee and my share. I let folks know, I can not take anything from anyone. I have turned down someone who wished to pay for lunch. I also had a speeding ticket and told the officer ..please give me a ticket. I don’t want this to look like I get any special favors. So before you slander my name and reputation, do your homework and give me call to ask why? One can say they are disappointed in you, but before they do ..I would hope that before that is done, reach out to the person and ask them the hard questions. We can be reached via email, and phone messages. So, I may not change your feelings about me, and I did not get into being a City Councilwoman to be liked or admired nor put on a pedestal. I ran because this is my home, and at the time the council consisted of all white males, retired from PSNS. Which did not represent our city. I have made it my mission to recruit individuals to run, to talk to the community. Our current council, right now is..we all have day jobs, none of us is retired, and has been diverse. Take care and stay safe. Leslie Leslie Daugs, Vice-President Bremerton City Council District 2 Sent from my iPad Disclaimer: Public documents and records are available to the public as provided under the Washington State Public Records Act (RCW 42.56). This e-mail may be considered subject to the Public Records Act and may be disclosed to a third-party requestor. From: Randy Plumb <Randy.Plumb@ci.bremerton.wa.us> Sent: Monday, August 30, 2021 8:18 AM To: City Council <City.Council@ci.bremerton.wa.us> Cc: Mike Davis <Mike.Davis@ci.bremerton.wa.us>; Aaron Elton <Aaron.Elton@ci.bremerton.wa.us>; Kevin Crane <Kevin.Crane@ci.bremerton.wa.us>; Todd Byers <Todd.Byers@ci.bremerton.wa.us> Subject: The Bremerton Police Management Guild agrees with Mayor Wheeler and supports Interim Chief Wolfe as our permanent Chief of Police. Bremerton City Council, The Bremerton Police Management Guild agrees with Mayor Wheeler and supports Interim Chief Wolfe as our permanent Chief of Police. During a recent study session, you all discussed whether there were other individuals within the Bremerton Police Department, specifically "lieutenants and captains," who might be interested in this position. I spoke with members of our guild and confirmed there is nobody else interested in the position at this time. As you all know, the State of Washington has implemented massive police reform laws (more than any State in the Country). To say the least, this has caused officers in this State, including Bremerton, to carefully consider their careers and work extremely cautiously at their jobs. The new legislation has also forced several very high- functioning supervisors and officers from our department to leave this profession early or go to law enforcement agencies in other States. I believe the unintended consequences of the reform bills has caused very proactive and effective police officers to change the way they police. They do not want to become a "test case" for how easy it might be to be stripped of their peace officer certification, terminated from employment, or worst yet, arrested (as we recently saw in Tacoma, Wa). My point in the above paragraph is:  Now is not the time for a new police Chief outside our organization. o Our officers are under enormous stress that the pandemic and these reform bills have caused. o Adding a Chief from outside the organization, who might be unfamiliar with the reform bills, will cause additional and unnecessary stress on them. o We currently have trust in and a relationship with Interim Chief Wolfe. With an outside Chief, this can take a lot of time to establish. o Interim Chief Wolfe understands these new laws better than most and has been effectively leading us through one of the most challenging times in policing. During your meeting, most of you agreed that Interim Chief Wolfe is highly qualified to take on this position. He has support from this community and support from his staff. I'm afraid I must disagree that the best idea is for the City to conduct a nationwide search for a police Chief, when we have a qualified candidate in place right now. Frankly, that would be a waste of taxpayers' money (likely to the tune of 40-50 thousand dollars). At the last meeting, I heard Council Member, Leslie Daugs, say she was likely going to bring forward a motion for a vote to approve Mayor Wheeler’s selection of Tom Wolfe for the Chief of Police position. I encourage that to happen. Thank you for your time and consideration. Sincerely, Captain Randy Plumb Randy Plumb, Support Services Captain BREMERTON POLICE DEPARTMENT 360.473.5974 (Office) 360.340.0991 (Mobile) Website | Facebook | Twitter From: jane Rebelowski <janerebelowski@yahoo.com> Sent: Friday, August 13, 2021 11:46 AM To: mayor@ci.bremerton.wa.us; City Council <City.Council@ci.bremerton.wa.us> Subject: Not a proud day for the Bremerton PD.The Kitsap Sun broke news | Seattle Weekly https://www.seattleweekly.com/news/not-a-proud-day-for-the-bremerton-pd-the-kitsap-sun-broke- news/ Please conduct a complete search for a new Police Chief Jane Rebelowski 1445 17th St Bremerton 98337 Sent from my iPhone Not a proud day for the Bremerton PD. The Kitsap Sun broke news By Jonathan Kaminsky Monday, July 18, 2011 12:00am Not a proud day for the Bremerton PD. The Kitsap Sun broke news Saturday of a Bremerton PD scandal involving an 18-year-old female in the department’s “Police Explorer” youth program and several Bremerton police officers, including a captain. According to the Sun’s story (under the oddly muted headline “Investigation finds favoritism in Bremerton police youth program”), an internal Bremerton PD investigation found that the unnamed young woman:* was admitted to the department’s “Police Explorers” program in the fall of 2010, without participating in a required week-long “academy.”* became Facebook friends and frequently texted and spoke on the phone with several officers.* had sex with at least one officer.* slept in the same bed with a separate officer.* stayed for a time in the home of a third officer, whom she told she had cancer in an apparent lie.* was “paraded” around the office by Captain Tom Wolfe, who gave her a special clerical assignment inputting “use of force” information provided by officers into a database, and allowed her to take potentially sensitive documents home. * went on authorized and unauthorized ride-alongs with officers before returning to the station house and changing into her pajamas. Captain Wolfe was found to have sent and/or received 4,600 texts and used 2,600 night and weekend minutes in December and January on his department-issued phone. (He’s since agreed to repay $175 in excessive use charges.) Bremerton PD Police Chief Craig Rogers (second from right) with new officers in 2006. Compounding matters, Bremerton Police Chief Craig Rogers isn’t bowing to police union demands for a “true investigation” of Captain Wolfe’s relationship with the young woman. (Wolfe denies having any sexual contact with her.) Bremerton’s top cop told the Sun that discipline has been meted out internally, insisting of the saga, “It’s over and done with.” That is probably wishful thinking. After the police chief’s initial investigation, Bremerton Mayor Patty Lent, under pressure from the police union, commissioned an outside firm to conduct an inquiry. According to the Sun, that inquiry, carried out by Sound Employment Solutions, found Chief Rogers’ initial investigation to be “lackluster,” but didn’t recommend a follow-up investigation into Captain Wolfe, who received no formal reprimand for his role in the scandal. Information provided by the Bremerton PD to the Sun in response to a public-records request did not include the substance of any text messages, which the PD says were destroyed by Verizon, the department’s service provider. Seattle Weekly has requested all relevant documents from the Bremerton PD and will report on their contents once we get them. kitsapsun.com Captain Wolfe’s turn as a guest blogger for the Kitsap Sun. Wolfe, incidentally, wrote a guest blog post for the Sun last year in which the 23-year Bremerton PD veteran trumpeted the department’s gains in fighting crime since Chief Rogers took the helm in 2005. The Bremerton PD’s Explorers program has been around since the mid-1990s, allowing qualified Bremertonians aged 14 to 21 to learn about police work from the inside, ride along with on-duty police officers, and wear special-issue gray uniforms. The application for the Explorers program states that candidates should have decent grades in school, shouldn’t have criminal records, and “must be of good character and possess good moral habits.” Bremerton PD Bremerton PD Explorers, class of 2009. According to the Sun, on May 1 the Bremerton PD enacted a policy prohibiting its officers from having sex with its Explorers. Follow The Daily Weekly on Facebook and Twitter. From: jane Rebelowski <janerebelowski@yahoo.com> Sent: Friday, August 13, 2021 3:48 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Former Bremerton police officer sues department, says it failed to investigate Facebook threats https://www.kitsapsun.com/story/news/2019/11/12/former-bremerton-police-officer-sues- department-says-failed-investigate-facebook-threats/2523694001/ The City Atty, HR, and BPD decided the punishment was a private meeting with three pastors of color. We need new blood Sent from my iPhone From: jane Rebelowski <janerebelowski@yahoo.com> Sent: Friday, August 13, 2021 11:56 AM To: mayor@ci.bremerton.wa.us Cc: City Council <City.Council@ci.bremerton.wa.us> Subject: Former Bremerton police officer sues department, says it failed to investigate Facebook threats https://www.kitsapsun.com/story/news/2019/11/12/former-bremerton-police-officer-sues- department-says-failed-investigate-facebook-threats/2523694001/ Another example of why BPD needs new leadership. Jane Rebelowski 1445 17th Bremerton 98337 Sent from my iPhone Former Bremerton police officer sues city, says department failed to investigate Facebook threats ANDREW BINION | Kitsap After taking issue with a superior officer’s Facebook activity in 2017 — which included a post disparaging the Black Lives Matter movement — a former Bremerton police officer alleges that another supervisor posted an image of a cartoon rat with a knife in its back. “I took it as a threat,” said former Officer Frank Shaw, who resigned in May after 23 years with the department. Shaw reported the posts to a captain. Two memos detailing the allegations were sent to the department’s two chiefs during the period, former Chief Steve Strachan and now Chief Jim Burchett, and the city’s human resources manager. No official investigation was conducted and Shaw, who is suing his department in U.S. District Court with a possible trial date in 2021, was accused of being motivated by jealousy. Shaw said he didn’t necessarily think it was a threat of violence, though he considered it a possibility and didn’t rule it out. “If I thought it was a true, physical threat, I probably wouldn’t have gone back to work,” Shaw told the Kitsap Sun. “It’s more like, ‘We know who you are, we’ll get you.’” Lawsuit alleges hostile environment Shaw’s lawsuit alleges an increasingly hostile work environment, and retaliation, after he used city-approved leave to recover from illnesses and injuries and also to care for ailing family members. The claim of the alleged retaliation Shaw faced is included in the lawsuit and other documents Shaw filed with the city. The Kitsap Sun obtained the documents for this story from Shaw and the city through the state Public Records Act. If true, an alleged threat against a police officer from a fellow officer raises questions — especially when an officer is called a “rat.” A “rat,” like a “snitch,” is a pejorative typically used to shame and intimidate those who help law enforcement officers solve crimes. Shaw’s case is not the only time documents show an officer used that word with another officer. Earlier this year a sergeant — uninvolved in Shaw’s claim — was suspended for two days after calling another officer a profanity and saying, “Why did you rat me out … ?” The sergeant was upset that a union officer had relayed his complaints to ranking officers about staffing levels, according to documents requested by the Kitsap Sun. Shaw said Bremerton officers are often reluctant to let ranking officers know they are complaining, fearing retribution. “People complain but they don’t want to be known as the person complaining because they don’t want to cause problems with their job,” Shaw said, speaking generally about the culture of the department. The incidents alleged in Shaw's lawsuit came at a time when the department was reacting to anonymous complaints about the conduct of officers. The Kitsap Sun was aware of one of those complaints. In October 2017, the newspaper received an email about ranking officers’ social media activity perceived as demeaning toward Muslims and gays but did not run a story at that time. Through interviews and public records requests, the Kitsap Sun attempted to clarify Shaw’s claims and the context in which they were made. However, clarifying now what happened more than two years ago is hindered because of the fleeting nature of social media and the fact that Shaw’s claims were never officially investigated. After the Kitsap Sun contacted officers for comment, the city attorney’s office directed them to not discuss Shaw’s allegations with reporters — saying the claims involve pending litigation. Shaw told the Kitsap Sun the screenshots are accurate, if incomplete, glimpses at what happened. Assistant City Attorney Casey Pence suggested that the screenshots the city received in Shaw’s claim, which were then given to the Kitsap Sun in records requests, could have been “doctored.” “Because it’s a document doesn’t mean it’s an accurate record,” Pence said. Shaw’s claim, however, is a reminder that what happens on social media increasingly affects “real life” despite being open to interpretation and cases of mistaken identity. It also comes at a time when the off-duty social media activity of police officers across the country is undergoing increased scrutiny for offensive and inflammatory posts. Allegations not immediately reported The officer whose Facebook account is shown in documents as posting the dead rat image — Dahle “Duke” Roessel — and the officer who allegedly made the inflammatory posts that Shaw first took exception to — Jeff Schaefer — were later promoted from corporal to sergeant. Included in documents are screenshots Shaw said he took of “reactions” to the post with the dead rat — commonly known as “likes” — that indicate law enforcement officials from other agencies also saw the posts, including the Bremerton city prosecutor. Neither Schaefer nor Roessel responded to requests for comment. Shaw did not immediately report the posts, which were apparently made months before his Dec. 1, 2017, memo to Bremerton police Capt. Tom Wolfe. In the memo, Shaw wrote that the number of officers and officials who saw the posts added to his hesitancy to come forward with the allegations. “ … if other personnel aren’t willing to point out this then why should I be the one who is always being hung out on the limb,” Shaw wrote to Wolfe in the memo. Shaw’s lawsuit is the second active federal lawsuit from a former employee the department is facing. Elizabeth Lumsden, an evidence technician for the department for 11 years who had been diagnosed with Parkinson’s disease, in March filed a lawsuit against the department alleging discrimination. Lumsden’s lawsuit is scheduled for U.S. District Court in November 2020. An account of what happened Shaw said the complaints against Roessel and Schaefer did not initially arise with him, saying he remained a conduit for complaints and questions even after he left his position as a union leader in the department. He made the original report to Wolfe in a Nov. 2, 2017, meeting — Shaw was ordered to attend, according to emails provided by Shaw. He said he didn’t know the purpose of the meeting but it later appeared to him the intent was to determine if he was the source of the anonymous complaints the department had been receiving, which Shaw denied. During that meeting with Wolfe, and in a follow-up memo written by Shaw, Shaw reported both the Facebook activity of Schaefer he found objectionable and what he felt was Roessel’s threatening response to him. Schaefer — allegedly using the name “John R Freedom” — posted an image that said “F___ the Black Lives Matter Movement,” according to a screenshot taken by Shaw. Black Lives Matter is a civil rights movement that campaigns against racism. It is critical of police treatment of black people and has been accused of being anti-police. This post is described as “racially charged” in Shaw’s lawsuit. Shaw said it raised concerns about the credibility of the department, noting that on Schaefer’s account the image appeared next to a photo of Strachan. “It was obviously inappropriate,” Shaw wrote in his Dec. 1, 2017, memo to Wolfe. Shaw noted what he felt were other inflammatory posts on Schaefer’s account, including disparaging Colin Kaepernick — a former NFL quarterback who protested racism and police brutality by not standing for the national anthem — and another post where Schaefer allegedly questioned the use of Narcan to revive people overdosing on opioids. “Where is the consequence for poor decision-making if we’re going to enable this abhorrent behavior?” the post reads. Shaw provided a screenshot of this post to the Kitsap Sun. Police officers are increasingly carrying Narcan, a life-saving medication, and can administer it to people when they arrive at an overdose scene. Shaw did not immediately report these posts. However, he said he was again alerted to Schaefer’s activity from others who, because of the way Facebook works, saw an online argument Schaefer was having with a woman, “belittling” her in the comments section of a post on the Kitsap Sun Facebook page. Shaw said he did not know the woman. “I work as a police officer here on the streets,” Shaw wrote in his memo to Wolfe. “These comments and actions make my job harder and more dangerous. It is very easy for people to hide behind a made up name and start belittling and harassing someone.” Shaw said that when he was alerted about the argument Shaw copied images from Schaefer’s Facebook account. Shaw said he sent them to the woman to show her that arguing with Schaefer was futile. The Kitsap Sun contacted the woman, Nicole Ryan, who said she could recall the incident but had forgotten details. “I just happened to see something hateful and spoke out against it,” Ryan said in an interview over Facebook video chat. “Another person reached out to me and said he was not a good person and he does this all the time.” Shaw said that was the end of his involvement. According to Wolfe’s second memo, Schaefer said images from his Facebook account began showing up in the Kitsap Sun’s Facebook page, which caused him alarm. Schaefer may have suspected the person posting Schaefer’s images was actually Shaw using the pseudonym “Nicole Ryan,” according to Wolfe’s memo. Others participated in the post referring to a “rat.” Ryan told the Kitsap Sun she believed she was the person who posted the images from Schaefer’s account but said she couldn’t be sure because of the time that has passed. Shaw provided screenshots of the “likes” and other “reactions” to the rat post. Allegedly among them was an “angry face” from Bremerton City Prosecutor Gina Melton Buskirk’s account. Melton Buskirk declined to comment. It was in the comments of this post, among other mentions of a “rat,” that an account associated with Roessel — using the name “Dukearoo R Murica” — posted the image of a cartoon rat with a knife in its back. Shaw said he believed the image, and talk of a “rat,” was directed at him. “I quit,” Shaw wrote in his memo to Wolfe, though he would not officially resign until May 2019. “If the general atmosphere is that saying this behavior is wrong and calling the person out gets you called a rat and then a picture of a dead rat, it is not worth putting my safety and security on the line for.” Wolfe wrote in his memo that he questioned Roessel, and Roessel, “adamantly denied having anything to do with it.” Wolfe did not respond to an email seeking comment. Burchett did not respond to questions about concerns with officers’ use of Narcan or the use of “rat” by Bremerton officers. “Shaw was concerned to return to work as the two supervisors who posted racially charged comments and were involved in a threat of violence have now been promoted to the rank of sergeant,” Shaw’s attorney, Stephanie Henderson Stocker, wrote in the lawsuit. 'I am indeed a real person' In its response to the lawsuit, an attorney representing the department wrote that Roesell and Schaefer were neither counseled nor disciplined. “Defendant denies there is evidence in its possession for which they could be disciplined,” attorney Michael Bolasina wrote. Wolfe suggested in the second memo that Shaw was jealous of Schaefer — as Shaw had unsuccessfully applied for promotions, which is part of his lawsuit — and wrote that Shaw “probably” was the woman who had argued with Schaefer and posted images from Schaefer’s Facebook account. “I am indeed a real person,” Ryan told the Kitsap Sun. “In summary,” Wolfe wrote, ”it looks like Officer Shaw was jealous of Schaefer, took offense to him being promoted and to his political views and things he was posting in a semi-private online setting. Shaw took matters into his own hands and it backfired on him.” Shaw said this memo, sent to Burchett along with city of Bremerton Human Resources Manager Charlotte Nelson, was never shared with him. Shaw denied he was motivated by jealousy. “I’m not the girl,” Shaw added. Documents not brought forward Wolfe wrote in his first memo that the department was open to investigating but asked for more information from Shaw. Wolfe later wrote the deadline for Shaw to bring forward the alleged evidence came and went. “If you remain concerned about this, we are willing to follow up on it, but we need to see the documentation that gives rise to your concern,” Wolfe wrote. Bolasina, the department’s lawyer, wrote in court documents that Shaw promised to provide additional information then “refused to cooperate further.” As a computer hobbyist, Shaw said he has a massive number of files and didn’t want to put forth the effort to track down screenshots taken months before when he believed the department intended to bury his complaint anyway. “It sounds like I had a bad attitude, but I’m not going to keep running into the office, be the guy on the (union) board turning people in,” Shaw said. He added: “You reach that point of frustration. You think, ‘Is it worth me going so far in depth?’” Shaw later tracked down the screenshots in preparation for the lawsuit. No push to bring evidence forward Wolfe’s memos raise a question: If an officer claims to have evidence of a policy or law violation by a fellow officer, why was it made voluntary for him to bring forward the evidence? That is, why wasn’t Shaw ordered to bring forward the documentation he claimed to have? Wolfe’s memos were written at a time when the department was undergoing a change in chiefs. Strachan, former Mayor Patty Lent’s pick to lead the department, was cc’d on Wolfe’s first memo from Dec. 15, 2017, along with Human Resources Manager Nelson. Wolfe’s second memo, dated Jan. 2, 2018, was sent to Burchett, Mayor Greg Wheeler’s pick for chief. Wheeler declined to comment. Strachan wrote in an email to the Kitsap Sun that whether a chief could order an officer to turn over supposed evidence of policy or law violations by another officer “would generally depend on the policy adopted by that department.” Strachan left the department to become executive director of the Washington Association of Sheriffs and Police Chiefs. When asked if he could have ordered Shaw to produce the evidence he claimed to have, Strachan responded in a subsequent email: “This issue stems from a disgruntled employee civil lawsuit. I don’t comment on pending litigation.” Burchett, a former captain in the department, was starting the job when Wolfe wrote his second memo on Jan. 2, 2018. This memo was also sent to Nelson. Burchett told the Kitsap Sun he believed the department’s policies allow for a chief to order an officer to turn over purported evidence of misconduct. “Answering for myself, I would say yes, if somebody has evidence of misconduct I have a right to order them to bring that forward,” Burchett said. Burchett did not respond to further questions. Other complaints about social media conduct Shaw’s complaint came after the department was reacting to other complaints about officer conduct and during this time, in October 2017, the Kitsap Sun received a screenshot in an email complaining about the social media conduct of Roessel and Randy Plumb, who Burchett promoted to captain in 2018. In the screenshot, a “selfie,” Roessel is shown wearing a T-shirt with the words “derka derka derka” next to Arabic characters. “Derka derka derka” is a stereotype of how some may think Arabic speakers sound. Shown on the post sent to the newspaper is a comment from Randy Plumb’s account writing: “Aids, aids, aids, aids, aids, aids, aids, aids, aids, aids, aids.” Plumb declined to comment. “If you were Muslim, would you feel comfortable having these two supervisors respond to help you?” the anonymous person wrote in the Oct. 7, 2017, email to the newspaper. The post and comments from Roessel and Plumb were apparently referencing the movie “Team America: World Police,” made by the creators of the “South Park” television show. After receiving the image of Roessel, the Kitsap Sun approached Strachan about the image and Plumb’s “aids” comment. In response, Strachan wrote that the posts were not made in Plumb and Roessel’s capacity as law enforcement officers. He ruled that the post and comment contained “no anti-gay or anti- Muslim expression or sentiment,” and he vouched for Roessel and Plumb, writing that the two were “professional and unbiased” when on the job. However, Strachan cautioned officers in the Oct. 27, 2017, email to the “unintended consequences” of social media. “Please be mindful of the fact that your off duty public conduct, which includes posting on social media sites that can be viewed by others, can come back in a negative way,” Strachan wrote. Bremerton City Council stalls appointment of police chief, asks mayor to hold job search Bremerton City Council members concerned by Mayor Greg Wheeler’s track record of hiring city department heads internally stalled the appointment of Tom Wolfe as the next Bremerton police chief on Wednesday night, arguing that the mayor needs to open the position up for a nationwide search. Earlier this week Wheeler appointed Wolfe, a 33-year department veteran who has been serving as interim chief since June, to run the city’s police department. At a study session Wednesday night, the council elected to not move Wolfe’s appointment forward for a vote at next week’s meeting, with several council members citing the mayor’s tendency to hire from within. Since taking office three-and-a-half years ago, Wheeler has repeatedly filled top city positions via internal promotion without posting job vacancies or soliciting applications from outside candidates. The mayor has picked the leaders of the city’s public works, finance, police and fire departments from within the city’s own ranks and only conducted a job search for the finance director position. Wolfe would be the second police chief Wheeler has promoted internally during this tenure. Councilman Eric Younger, who has served on the council under four different mayors, called Wheeler’s process “abnormal.” “(Wolfe) is well qualified, I don’t believe the statement that he’s the best qualified because we haven’t considered anyone else,” Younger said. “I find that disappointing, especially with all the events of the last year and the call for more public process and community involvement.” Wheeler told the council during the study session that his decision to promote Wolfe was based on “several qualifications that could not be replicated,” including loyalty, institutional knowledge of the department, and Wolfe’s familiarity with the slate of new state police reform measures signed into law earlier this year. “The fact that we're heading into uncertain times I felt proven leadership and stability were the highest priority for maintaining the public's safety while at the same time honoring the intent of the new laws,” Wheeler said in an interview with the Kitsap Sun. Council members pushed back, pointing out that in the last year the city has created a diversity and inclusion committee and released a workforce diversity plan that promises to “(seek) diverse applicant pools for vacant positions.” “I have no doubt that (Wolfe) would have come to the top of the list and be considered in the top candidates, but I think making sure the system itself is equitable and at least equal opportunity to apply is important,” councilman Quinn Dennehy said. Council members repeatedly expressed that their issue was not with Wolfe as a candidate, but with Wheeler’s hiring philosophy. Council President Kevin Gorman said Wolfe has done an “excellent job” as interim chief and is an “outstanding candidate” but argued the city needs to have a competitive process for the position. “If you think someone is the most qualified and you think no one is going to be better, what’s the risk?” Gorman said. Younger and Gorman called for Wheeler to conduct a job search for the police chief position and include a panel of council members and community members in the decision. Wheeler agreed, saying he did not want the council to split a vote on the decision and he’s confident Wolfe would come out on top in a competitive job search. Wheeler said he was “extremely disappointed” by the council’s decision but will start the recruitment process for the position. The hiring process will include a panel of one or two council members, a community member, a city human resources representative and potentially an outside consulting firm. The mayor said he doesn’t know how long the hiring process will take. Wolfe will remain interim chief in the meantime. “We know what we have with Interim Chief Wolfe, we know what we had, I have no idea what's out there and we'll take as long as it takes to have somebody in there who can keep the public safe, maintain the trust and the professionalism of the department,” Wheeler said. Wolfe's history with BPD Wolfe has been involved in a series of internal incidents since he started with the Bremerton Police Department in 1988. Wolfe was promoted to captain in 2003. In 2011, a report commissioned by then-Mayor Patty Lent found that Wolfe allowed an 18-year-old Police Explorer to take sensitive “use of force” documents home from the department. The report — which was part of a broad investigation that detailed multiple instances of improper relationships between Bremerton police officers and the Explorer — also found that Wolfe had used his department-issued cell phone to send thousands of personal text messages and make personal phone calls to a woman in Richland. Wolfe was not disciplined at the time outside of being required to pay back the $175 cell phone bill. In one of several lawsuits filed by Bremerton police employees against the department in recent years, in 2017 Wolfe allegedly failed to investigate threats against former Officer Frank Shaw who had reported a supervisor, Sgt. Jeff Schaefer, for a Facebook post saying “F__ the Black Lives Matter Movement.” Shaw said the post reflected poorly on the department and could result in officers being accused of racism. Shaw alleged that following his report, another supervisor, Sgt. Duke Roessel, posted to a Facebook thread a cartoon of a dead rat with a knife in its back. The department did not formally investigate the alleged threat from Roessel. Wolfe produced two memos, one while Steve Strachan was chief and the other while Jim Burchett was chief — the events transpired during the transition between the two chiefs — where Wolfe suggested Shaw was jealous of Schaefer’s recent promotion. The city ultimately settled the suit by paying Shaw $100,000. Wheeler said he was “vaguely familiar there was an issue” with the Explorer report and Shaw’s lawsuit but said both matters were resolved by a “prior administration.” Wheeler took office on Jan. 1, 2018, and was included in Wolfe’s second memo on Jan. 2, 2018. “The prior administration dealt with that, it was under the prior administration’s watch and they were satisfied with the results of whatever investigation they did,” Wheeler said, regarding the Explorer report. Wheeler added that Wolfe’s actions during his administration “have been nothing but exemplary.” “He’s fulfilled every requirement I would look for in a chief,” Wheeler said. More recently, on Tuesday, the state Division II Court of Appeals OK’d a Public Records Act lawsuit filed by another former Bremerton officer involving Wolfe. In that suit, the officer alleges the city failed to produce text messages from Wolfe’s city-issued cell phone. Former Officer John Bogen said the city turned over none of Wolfe’s texts in response to his request, however, in response to other requests for cell records, it turned over texts from Wolfe found on the phones of other officers. The ruling reverses Kitsap County Superior Court Judge Sally Olsen, who had dismissed Bogen’s suit. "It is frustrating that I have to file suit in order to get the police department to maintain records they are required by law to maintain,” Bogen said in an email to the Kitsap Sun. “We look forward to the release of the records." From:Laurie Shaw To:City Council Subject:Appointment of Police Chief Date:Wednesday, August 11, 2021 9:57:47 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City Council members, I am writing in full support of confirmation of Tom Wolfe as the police chief for Bremerton. I have known Tom for more than 10 years. He served as a volunteer coach with me for 5 years, and in that capacity I have seen him deal with people from all walks of life, from all socioeconomic backgrounds, with care and compassion. He is a natural and charismatic leader and people are naturally drawn to him. His long tenure with the department is a testament to his commitment to the department and the city. I respectfully request that you confirm his appointment unanimously at tonight's council meeting. Laurel Shaw Cherry Ave 98310 Sent from my T-Mobile 5G Device From: To: Subject: Date: Faye Flemister City Council Letter of Support - Police Chief Monday, August 9, 2021 7:06 PM Hello Mayor Wheeler and City Council and staff. I am emailing this letter in support of Mayor Wheeler's proposed appointment of Thomas Wolfe to the position of Chief of Police. We are all going through very difficult times right now and in my opinion ,anything we can do to bring us all closer to some sense of normalcy is imperative to our continued success as a community. It is clear that Mr Wolfe is willing to remain employed in the police department and face all the many challenges and uncertain times as the police chief for the City of Bremerton. Mr Wolfe has served for years and has developed relationships and partnerships with our community and leadership within it. I ask that you approve Mr Wolfe's appointment to the position of Police Chief of Bremerton. Thank you for your consideration. Faye Flemister Owner/Unique Experience From:trent l. To:City Council Subject:Urging The City Council Members to Vote NO On Captain Wolfe Date:Tuesday, August 10, 2021 2:16:47 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. As a constituent of both Council members - District 3 council President Gorman District 6 councilman Mike Simpson I urge both specifically in the District of #3 Kevin Gorman, to Vote NO on the appointment of Interim Police Captain Wolfe. As he was appointed by the Mayor, Wheeler. The Mayor has shown he cannot be impartial, and he just Promotes from within. Regardless of issues in our community, to racial profiling and discrimination. Primarily, the case regarding Dr. Bolton and racial profiling cases and even those reports and criminal infraction reports handed by Police staff. Furthermore, the entire chain of command is far from diverse, as is the workforce of known 60 police Personnel. I demand that we allow more time for a more adequate choice or choices to be selected from than this appointment. Thank you Mr. Long Associate Ministers: Christian Education Vice Chair – Sis. Linda Yerger Outreach Ministry Chair – Sis. Sibylle Palmer Minister Jeffery Flood Deacon Board Chairman – Deacon Michael Gordon Sunday School Vice Supt. – Minister Jeffery Flood Minister Arneter Johnson Financial Secretary (Asst.) – Sis. Doris Zellers Treasurer – Sis. Barbara Wooten Minister David Stewart Laymen’s Ministry Chair (Interim) – Deacon David McClain Trustee Board Pres. (Interim) –Bro. Earl Willis Minister Kenneth Riley Minister of Music – Sis. Betty Randle Hayes Usher Board President – Bro. Eric McAllister Choir Pastor Emeritus Sam Rachal, Jr. Moderator – Deacon William Cox Women’s Ministry Pres. – Sis. Jessie Hornbeak Church Leadership: Mother’s Board President – Mother Joyce Flood Announcement Clerk – Sis. Sherry Willis Newsletter Editor – Sis. Linda Yerger Youth Ministry Chair / Jr. Church – Sis. Jacquie Curry Church Secretary – Sis. Tazsjah Green August 6, 2021 To: Our Honorable Mayor and Prestigious City Council Members As the organizer of Police and Community Together (PACT) that brings community members and law enforcement agents together, I am writing this letter in support of Tom Wolf. Tom Wolf has been a part of the social support for community policing for over 10 years. During that time, we have seen a proactive change in succession planning to build positive relationships with community and the Bremerton Police Department. Under the leadership of Chief Steve Strachan, I observed how Tom caught the vision and become involved with building effective relationships with youth and community members by learning names and showing up for community functions. When Jim Burchett became Chief and followed the example of his mentor WASPC Executive Director Steve there was a smooth transition that kept the commitment to community policing. Captain Tom Wolf’s leadership played a critical role in keeping community informed and connected as he supported the new Chief. It is with great enthusiasm I give Tom Wolf my fullest support to become the next Chief of the Bremerton Police Department. BPD has started a model in Kitsap County where police and community have a shared responsibility to keep the peace and Tom Wolf is committed to the process. Very Respectfully; Richmond Johnson, Pastor Partnering for Youth Achievement (PYA), Executive Director Mt. Zion Missionary Baptist Church Pastor Richmond A. Johnson 1906 13th Street - Bremerton, WA 98337 Phone: (360) 377-9169 / Fax: (360) 377-0260 E-mail: mtzionmbc@telebyte.com Website: http://mountzionbremerton.org “To Know Christ and To Make Him Known”