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HomeMy WebLinkAbout2236 +--------------------------------------------------------------------------+ 9=Vendor Name . .Subj ect . 'Departmen t -.Status Code BREMERTON POLICE MANAGEMENT ASSOCIATION COLLECTIVE BARGAINING AGREEMENT HUMAN RESOURCES EMP =F =F =F =F =F =F =F =F .1. =FEnter =FPress =F Search Criteria, Press Esc Key to Transmit Del Key to Terminate Delete Mode CHANGE Contract Transactions Contract Number 2236 ;= =F =F .1. Insurance Type Amount Amount Begin Date End Date Review Date 01/01/1986 12/31/2004 9= 02/15/2005 =F =F =F =F $0.00 ~ =F =F =F y =F +--------------------------------------------------------------------------+ Insurance Total Insurance Review Date Comments PERMANENT RECORD - FILE CLASSIFICATION CHANGED PER 14-2 UNION AGREEMENTS (V) p/O +--------------------------------------------------------------------------+ '~nter Search Criteria, Press Esc Key to Transmit __ "Press Del Key to Terminate Delete Mode CH~NGE Contract Number Contract Transactions 'r' + + +vendor Name +Subject +Department ,I'Status Code 2236 BREMERTON POLICE MANAGEMENT ASSOCIATION COLLECTIVE BARG~INING AGREEMENT HUMAN RESOURCES EMP =1: Insurance Type Amount Amount Begin Date End Date Review Date 'r' 01/01/1986 + 12/31/2004 +" 06/01/2005 t Insurance Total Insurance Review Date $0.00 of Comments + + +--------------------------------------------------------------------------+ Collective Bargaining Agreement City of Bremerton and Bremerton Police Management Association January 1, 2004 through December 31, 2004 TABLE OF CONTENTS TO THE LABOR AGREEMENT BY AND BETWEEN CITY OF BREMERTON AND BREMERTON POLICE MANAGEMENT ASSOCIATION JANUARY 1, 2004 - DECEMBER 31, 2004 ARTICLE TITLE PAGE PREAMBLE ............................................................................................................................................... 1 ARTICLE 1 DISCRIMINATION ALLEGATIONS ............................................................... l ARTICLE 2 RECOGNITION .................................................................................................. 1 ARTICLE 3 ASSOCIATION ACCESS .................................................................................. 1 ARTICLE 4 SALARIES .......................................................................................................... 1 ARTICLE 5 HOURS OF WORK ............................................................................................ 3 ARTICLE 6 VACATION LEAVE .......................................................................................... 3 ARTICLE 7 HOLIDAYS ........................................................................................................ 4 ARTICLE 8 SICK LEAVE AND INDUSTRIAL DISABILITY ............................................ 5 ARTICLE 9 OTHER PAID LEAVE ....................................................................................... 7 ARTICLE 10 RETIREMENT BENEFITS ................................................................................ 8 ARTICLE ! ! INSURANCE BENEFITS .................................................................................. 8 ARTICLE 12 CLOTHING AND UNIFORM CLEANING ALLOWANCE ............................ 10 ARTICLE 13 PERSONNEL PRACTICES ............................................................................... 10 ARTICLE 14 TUITION REIMBURSEMENT PROGRAM ..................................................... 11 ARTICLE 15 MANAGEMENT RIGHTS ................................................................................. 12 ARTICLE 16 GRIEVANCE PROCEDURE ............................................................................. 12 ARTICLE 17 SEVERABILITY ................................................................................................ 14 ARTICLE 18 ENTIRE AGREEMENT ..................................................................................... 14 ARTICLE 19 CONFLICTING PRO¥1SIONS .......................................................................... 14 ARTICLE 20 TERM .................................................................................................................. 14 ARTICLE 21 SMOKING POLICY ........................................................................................... 14 ARTICLE 22 POLICE OFFICERS' BILL OF RIGHTS .......................................................... 15 ARTICLE 23 MANAGEMENT CERTIFICATIONS ............................................................... 16 APPENDIX A ............................................................................................................................................ 18 LABOR AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON AND BREMERTON POLICE MANAGEMENT ASSOCIATION JANUARY 1, 2004 THROUGH DECEMBER 31, 2004 PREAMBLE This Agreement is made and entered into pursuant to the provisions of RCW Chapter 41.56 by and between the City of Bremerton, a municipal corporation of the State of Washington, hereinafter known as the "City", and the Bremerton Police Management Association hereinafter known as the "Association" for the purpose of setting forth the wages, hours and other terms and conditions of employment which shall be in effect during the term of this agreement for employees included in the bargaining unit described in Article 2 below. ARTICLE 1 ............. DISCRIMINATION ALLEGATIONS 1. t An employee who believes that he or she has been the subject of unlawful discrimination on the basis of political affiliation, age, sex, marital status, race, creed, color, religion, national origin or activity protected by RCW 41.56 shall seek relief through the City's Equal Employment Opportunity Complaint Procedure or the appropriate state or federal agency charged with investigating such matters and shall not process such complaints through the Grievance Procedure of this Agreement. ARTICLE 2 ............. RECOGNITION 2.1 The City recognizes the Association as the sole and exclusive bargaining representative for the purpose of negotiations concerning wages, hours and conditions of employment for all employees in classifications set forth in Appendix A and such classifications as may be added to the bargaining unit during the term of this Agreement. ARTICLE 3 .............ASSOCIATION ACCESS 3.1 Association business such as handling grievances and other legitimate routine matters may be conducted on Police Department premises provided that such business does not interfere with Police Department operations and is authorized by the Police Chief. ARTICLE 4 ............ SALARIES 4.1 MONTHLY SALARY RATES -- Monthly salary rates shall be paid as set forth in Appendix A which is attached hereto and made a part hereof. Appendix A will be changed as necessary to reflect the following: Collective Bargahing Agreement- Bremerton Police Management Association January 1, 2004 through December 31, 2004 Page 1 of 17 4.1.1 The salary rates for Police Lieutenant and Police Captain will be set so as to maintain the following differentials: 4.1.1.1 The Police Lieutenant top base salary step will be not less than 15% above the top step Police Sergeant base pay rate. 4.1.1.2 The Police Captain top base salary step will be not less than 13% above the top step Police Lieutenant base pay rate. 4.1.2 Effective January 1, 2004, employees will receive a two percent (2% across-the- board cost of living adjustment (COLA). 4.1.3 Effective July 1, 2004 employees will receive a one-half percent (.5%) across-the board COLA. 4.2 LONGEVITY PAY: Longevity pay, which is a rate of pay based on the length of completed continuous service with the City, shall be calculated on the individual employee's base salary rate and shall be paid as follows: Length of Continuous Service Rate Per Hour 0 through 10 years continuous employment 0% Commencing 11 through 15 years continuous employment 2% Commencing 16 through 20 years continuous employment 3% Commencing 21 through 25 years continuous employment 7.75% Commencing 26 years and over continuous employment 9.00% 4.2.1 Effective January 1, 2004 for LEOFF I employees only: Commencing 21 through 25 years continuous employment 13.5% Commencing 26 years and over continuous employment 14.75% 4.3 PAY RATE WHEN PROMOTED TO A ItlGItER CLASSIFICATION -- An employee promoted to a higher classification will receive at least the entry step of the new pay band or a step at least five percent (5%) higher, whichever is greater. However, no employee may be advanced beyond the final step of the new pay band. 4.3.1 The employee's advancement to the next step of the new pay band will be based on the effective date of their promotion to the higher classification. 4.4 STEP ADVANCEMENT -- Advancement from Step to Step will occur upon the positive recommendation of the Police Chief and after completion of twelve (12) continuous months of service in each step, based upon satisfactory attainment of established performance standards, and overall satisfactory performance. Step increases may be withheld for a maximum of six (6) months. In the event an employee is on approved leave of absence without pay, the employee's next wage rate advancement date will be extended by the actual ~Collective Bargaifing Agreement Bremerton Police Maaagement Association Ja~uary 1, 2004 through December 31, 2004 Page 2 of 17 number of days the employee was absent on such leave. The denial of a step increase is subject to the grievance procedure. 4.5 TEMPORARY/PROVISIONAL ASSIGNMENT TO HIGHER LEVEL POSITION -- The Police Chief or, in the absence of the Chief, the Mayor may provide a written directive to an employee to perform all or a part of the duties and accept all or a part of the responsibilities of a higher level classification, The employee so directed shall have his/her pay rate adjusted for the duration of the assignment as if he/she had been promoted to the higher classification provided, however, that such adjustment shall be not less than 5%. Other benefits provided such an employee through the provisions of this agreement shall not be affected, and no benefits of the higher level classification shall apply to the employee during the assignment. This provision shall not apply in situations when the Police Chief designates an employee to serve in an "Acting" capacity less than 30 work days during the absence of the Police Chief or a Captain (Division Commander) due to vacations, while attending conferences, and other such usual and customary absences. 4.6 DEFERRED COMPENSATION -The City will match the payroll deduction of any written request by an employee with less than twenty-one years service with the City in an mount not to exceed four-percent (4%) of the employee's base monthly salary. This section does not apply to employees with 21 or more years with the City. ARTICLE 5 ............. HOURS OF WORK 5.1 Employees shall work such hours as are assigned by the Police Chief which shall be at least forty (40) hours per week, including paid holiday, vacation and sick leave time. In addition, employees shall serve on emergency standby status during such periods as are assigned by the Police Chief and are subject to emergency callback at any time. Employees covered by this agreement are salaried and exempt from the overtime provisions of the Fair Labor Standards Act. ARTICLE 6 ............. VACATION LEAVE 6.1 VACATION ACCRUAL -- Employees shall accrue vacation time with pay for all regularly scheduled work time including paid leave time pursuant to the following schedule: PERIOD OF CONTINUOUS FULL TIME EMPLOYMENT Date of Hire through Hours Accrued/Year 5 years 104 Hours 6th year 120 Hours 7th year 128 Hours 8th year 136 Hours 9th year 144 Hours 10th year 152 Hours 1 lth year 160 Hours 12th year 168 Hours 42ollective Bargaining Agreement- Bremerton Police Mmagement Association January 1, 2004 through December 31, 2004 Page 3 of 17 13th year 176 Hours 14th year 184 Hours 15th year 192 Hours 16th year 200 Hours 17th year and thereafter 208 Hours 6.2 VACATION ELIGIBILITY -- An employee becomes eligible to take accrued vacation time upon completion of six (6) months of continuous employment. Vacation time must be fully accrued prior to the time an employee takes any vacation time off. 6.3 VACATION SCHEDULING -- Annual vacation leave shall be authorized by the Police Chief or the Chief's designee. Personnel shall schedule vacation leave by mutual agreement of the employee and the Police Chief or the Chief's designee. 6.4 MAXIMUM VACATION ACCRUAL -- The maximum number of vacation accrual hours that any employee shall be allowed to carry forward from one calendar year to the next is as follows: Years of Continuous Employment Maximum Balance 0 through Five (5) years 160 hours More than Five (5) years 300 hours Vacation leave may be accumulated up to a maximum of three hundred (300) hours as of November 15th, of any calendar year. Employees with more than three hundred (300) hours accrued as of November 15th will be paid for any accrual over three hundred (300) hours, up to a maximum of 80 hours. Payment shall be made the lst pay day in December. Any accrual in excess of the 80 hours maximum payout shall be forfeited, and the vacation leave balance shall be reduced to 300 hours. 6.5 VACATION PAY-OUT -- Upon the retirement or termination of an employee who has served six (6) continuous full months of employment or more, or upon the date of an employee's disability retirement, the accrued vacation hours of such an employee will be paid to the employee in a cash lump sum payment. ARTICLE 7 ............. HOLIDAYS 7.1 HOLIDAYS OBSERVED -- The following holidays shall be observed by the City: New Year's Day Labor Day Martin Luther King's Birthday Veteran's Day President's Day Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas 42ollective Bargahing Agreement - Bremerton Police Maaagement Association January 1, 2004 through December 31, 2004 Page 4 of 17 In addition, any other holiday legally proclaimed by the Federal or State government, provided that the City takes official action to have such holiday also observed by the City. 7.2 FLOATING HOLIDAY- Each employee shall be allowed one additional holiday to be observed by the employee on a day mutually agreeable to the employee and the Police Chief. 7.3 ALTERNATIVE DAYS OF HOLIDAY OBSERVATION -- If a holiday observed by the City falls on a Saturday, the holiday will be observed on the preceding Friday. If a holiday falls on a Sunday, the holiday will be observed on the following Monday. If the day a holiday is observed by the City falls on an employee's regularly scheduled day off, the employee shall receive an alternate day as a paid holiday. 7.4 HOLIDAY COMPENSATION -- An employee shall receive eight (8) hours of time off with pay for each holiday observed by the City and for a floating holiday of each employee's choice. ARTICLE 8 ............. SICK LEAVE AND INDUSTRIAL DISABILITY 8.1 SICK LEAVE ACCRUAL -- Employees shall accrue sick leave time with pay at the rate of.046154 hours for all normal hours of work including paid leave. 8.2 MAXIMUM SICK LEAVE ACCRUAL -- Employees shall be able to accrue sick leave to a maximum of one thousand (t 000) hours. 8.3 SICK LEAVE INCENTIVE -- An employee who has more than five (5) years of continuous full time paid employment with the City and who takes thirty-two (32) hours or less of sick leave in the calendar year following the fifth year of employment and any subsequent calendar year, shall have eight (8) hours added to his or her vacation leave balance at the beginning of the following calendar year. 8.4 SICK LEAVE RETIREMENT OR DEATH PAYMENT -- An employee who retires from City service on a service retirement shall be provided a Sick Leave Retirement Payment of thirty-five percent (35%) of the employee's accrued and unused sick leave hours to a maximum of 35% of 960 hours (a maximum total of 336 hours). The payment will be made to the employee at the employee's regular hourly wage rate in effect at the time of retirement or in the event of death, to their designated beneficiary. 8.5 SICK LEAVE USE -- Sick leave must be accrued prior to use by an employee. Sick leave shall be made available to each employee up to the amount of each employee's accrued sick leave balance hours due to: 8.5.1 The temporary disability of an employee resulting from his or her personal illness or injury. Collective Bargaining Agreement- Bremerton Police Mmagement Association January 1, 2004 through December 31, 2004 Page 5 of 17 8.5.2 Providing care for: a) a child of the employee under the age of 18 when they have a health condition that requires supervision or treatment; or b) a spouse, parent, parent- in-law or grandparent of the employee who has a serious health condition or aaa emergency condition. 8.5.3 Attending medical, dental and/or oculist appointments as needed for preventive or rehabilitative health care of the employee or the employee's children when such care requires parental presence to supervise or authorize treatment. 8.5.4 Upon the birth or adoption of a child, a father may use up to three (3) days of accrued sick leave or claim FMLA leave pursuant to Federal Law as may be amended from time to time. 8.5.5 Providing care for an employee's immediate family member as provided for in Section 8.5.2 when the family member has a health condition that requires the assistance of an adult caretaker until such time as other care can be arranged. 8.6 NOTIFICATION OF SICK LEAVE USE -An employee who is absent or expects to be absent from work due to causes specified in 8.5 above, shall provide notification as follows: 8.6.1 ROUTINE APPOINTMENTS -- An employee who schedules a routine medical, dental or oculist appointment shall make every reasonable effort to schedule such an appointment at a time which will cause the least interference with the employee's work hours and duties. The employee shall give prior notice of the date and time of the appointment to his or her immediate supervisor. An employee's immediate supervisor may request that the employee reschedule routine appointments when, in the judgment of the supervisor, the scheduled absence of the employee would unduly interfere with the operations of the Department. An immediate supervisor shall not unreasonably deny an employee sick leave with pay for routine medical, dental or oculist appointments. 8.6.2 UNANTICIPATED ABSENCE -- An employee who is absent from work or will be unable to report to work as scheduled due to personal illness or injury, or for other causes specified in Section 8.5 above, shall promptly notify the department by telephone or otherwise by 0800 of the day of his or her scheduled work day. 8.6.3 SICK LEAVE DURING AUTHORIZED PAID LEAVE -An employee who becomes ill or is injured during the employee's paid vacation may request the conversion of such paid leave to sick leave with pay by promptly notifying the department of the illness or injury and providing such information as is required by the department to verify the appropriateness of such a conversion. 8.7 SICK LEAVE DOCUMENTATION AND APPROVAL -- An employee who has been absent on sick leave shall, within thirty-six hours after returning to work, submit such forms and provide such information as are required by the Department to approve the use of sick leave with pay for the absence. The Department may require an employee to demonstrate -Collective Bargaining Agreement- Bremerton Police Management Association January l, 2004 through December 31, 2004 Page 6 of 17 that he or she has sought treatment, taken appropriate precautions or otherwise effected measures to correct the condition causing the employee's absence. Such demonstrations may take the form of personal statements of the employee, medical examinations or certifications of appropriate professionals, or other methods appropriate to the circumstances. The Department may require an employee to provide certification by a professional physician that the employee is sufficiently recovered as to be able to return to work without posing a health hazard to himself or herself or to other members of the workforce. Sick leave must be approved by the Department prior to payment. The Department shall not unreasonably withhold approval of sick leave with pay from employees. 8.8 INDUSTRIAL DISABILITY FOR LEOFF I EMPLOYEES -- An employee who qualifies for and is included in the Washington State Retirement System commonly referred to as "LEOFF I", who becomes disabled, and whose disability extends beyond a period of six (6) full months, shall apply for disability retirement benefits provided through LEOFF I. 8.9 INDUSTRIAL DISABILITY LEAVE FOR LEOFF II EMPLOYEES --An employee who qualifies for and is included in the Washington State Retirement System commonly referred to as "LEOFF II", and who incurs a work-related illness or injury shall be provided with such compensation as is made available through Workers' Compensation time-loss benefits as provided by Washington State Law. ARTICLE 9 ............. OTHER PAID LEAVE 9.1 BEREAVEMENT LEAVE - An employee will be granted five (5) days of bereavement leave for attending funerals in the State of Washington and seven (7) days for out of state funerals of members of the employee's immediate family. Immediate family shall be defined as spouse, child, stepchild, mother, father, mother/father in-law, brother, sister, bother/sister in-law, grandparents and grandchildren of both the employee and the employee's spouse. All time off for bereavement leave shall be charged against an employee's vacation/holiday, sick leave or compensatory time leave balance at the option of the employee. 9.2 JURY DUTY, WITNESS LEAVE - An employee shall be granted leave of absence with pay for the purpose of reporting to Jury Duty or if subpoenaed as a witness. Any juror or witness fees received by the employee for the performance of such duties shall be assigned to the City. 9.3 MILITARY LEAVE - An employee who presents official orders requiring his/her attendance for a period of training or other active duty as a member of the United States Armed Forces or the State National Guard shall be entitled to military leave with no loss of pay for a period not to exceed fifteen (15) work days annually. Authorized leave of absence for additional or longer periods of time for assignment to duty functions shall be without pay and shall be granted by the City. An employee receiving up to fifteen (15) work days of training or serving on active duty shall receive their regular pay and the amount received Collective Bargaining Agreement- Bremerton Police Management Association January 1,2004 through December 31, 2004 Page 7 of 17 from the Federal or State government. ( Pursuant to RCW 38.40.060 as may be amended from time to time). ARTICLE 10 ............ RETIREMENT BENEFITS 10.1 Each employee shall be enrolled in the Washington State Retirement system for which he or she qualifies. Only for the purposes of federal income taxation, the gross income of each employee shall be reduced by the amount of employee contributions to the respective retirement system, which is picked up by the City. ARTICLE 11 ............ INSURANCE BENEFITS 11.1 MEDICAL INSURANCE -- The City shall make medical insurance coverage available to employees and their dependents as follows: · Kitsap Physician's Service Plan A for Employees and Plan "A" for Dependents. · Group Health Cooperative for Employees and Dependents or another plan of equivalent coverage approved by the Insurance Benefit Committee. 11.2 INSURANCE PREMIUM PAYMENTS -- Payment of insurance premiums shall be made as follows: 11.2.1 Employee premiums will be paid in full by the City for those employees enrolled with KPS. 11.2.2 Effective December 1, 2004, employee contributions toward dependent coverage shall be seven dollars ($7) per month per dependent up to a maximum of twenty- one dollars ($21) per month for full family coverage _for enrollees in the Kitsap Physician's Plan. 11.2.3 Employees will be required to pay the following contributions towards the monthly premiums for medical coverage with Group Health: GItC - Employee only coverage - Employee pays 100% of the difference between the City's contribution to KPS Plan B Employee only coverage and the cost of GHC Employee only coverage. GHC - Dependent coverage- Employee pays 100% of the difference between the City's contribution to KPS Plan B dependents coverage and the cost of GHC dependents coverage. 11.3 DENTAL INSURANCE -- The City shall provide the same benefit levels as are contained in the Washington Dental Service Plan F dental insurance coverage for employees and their dependents and provide for full payment of insurance premiums. Any other plan must be approved by the Insurance Benefit Committee. ~Collective Bargahing Agreement- Bremerton Police Management Association January 1, 2004 through December 31, 2004 Page 8 of 17 11.4 DISABILITY -- Employees who are covered by the Washington State Retirement System commonly known as LEOFF II, shall enroll to receive Long Term Disability Insurance coverage through the provisions of policies held by the City with Standard Insurance Company. The City shall pay a maximum of $17.50 per month per eligible and enrolled employee toward premium costs. The remainder of all premium costs shall be borne by the enrolled employee and shall be paid to Standard Insurance Company through payroll deductions authorized by each enrolled employee. 11.5 INSURANCE RESERVES, REBATES AND SURPLUSES -- The City shall require the KPS medical plan provider to provide a structured accounting to the City at least annually. Such accounting shall include plan utilizations, all reserve accounts maintained for the plan, interest earned on reserves, administration costs and coinsurance (pooling) costs. This accounting shall be made available to the Association upon request. The City agrees that premium rebates, reserve account rebates or any other monetary returns to the employer from the insurance providers together with subsequent interest earnings thereon shall be used exclusively to defray the costs of premium increases in the plan, and increase benefit levels, or other health related purposes determined appropriate by the Insurance Benefits Committee. Premium increases shall be any increase over the 1994 levels. 11.6 INSURANCE COMMITTEE -- The Insurance Benefits Committee shall be comprised off the following members: Mayor or designee, Human Resources Manager or designee, Administrative Services Director or designee, one employee selected by the non- represented management and professional employees, and one individual selected by each of the recognized unions. The committee shall elect a chair and any other officers it deems appropriate. NOTE: Due to continuing significant premium increases for Health Insurance coverage, the City will be working with the Group Insurance Selection Committee to address cost containment measures for coverages and employee contributions. 11.7 KPS COST CONTAINMENT MEASURES: The following cost containment measures under KPS shall become effective January 1, 2002: 11.7.1 $10 OFFICE VISIT CO-PAYMENT - Employees and dependents enrolled under KPS will pay a $10 co-payment per office visit. Co-payments shall not apply towards satisfaction of the calendar year deductible. 11.7.2 $50 ANNUAL PHARMACY CO-PAYMENT - Employees and dependents enrolled under KPS will pay an additional annual co-pay of $50.00 for covered prescriptions. 11.7.3 An y required co-payments shall be the sole responsibility of the employee. Collective Bargahing Agreement- Bremerton Police Mmagement Association January 1, 2004 through December 31, 2004 Page9 of 17 ARTICLE 12 ............ CLOTHING AND UNIFORM CLEANING ALLOWANCE 12.1 PURCHASE OF UNIFORMS -- The employer shall establish a Clothing Allowance Fund for the Bremerton Police Department. Each police officer shall be furnished uniforms as designated by the Chief of Police. Such uniforms shall be replaced on an as needed basis from the Clothing Allowance Fund, as determined by the Police Department Administration Office. All uniforms purchased by the Employer are to be and remain the property of the Employer. 12.2 CLOTHING ALLOWANCE -An annual allowance of five hundred dollars ($500.00) will be provided to non-uniformed, sworn personnel with less than twenty-one (21) years service with the City. Such allowance shall be paid during the month of January. The employer shall withhold the necessary federal income tax from the cleaning allowance as required by the Federal tax code as now written or hereinafter amended. This section does not apply to employees with 21 or more years with the City. 12.3 UNIFORM CLEANING ALLOWANCE -- There shall be an annual uniform cleaning allowance of three hundred twenty-five dollars ($325.00) per year for employees with less than twenty-one years service with the City. This applies to all personnel covered by this agreement. Such allowance shall be payable in January. An employee will not be required to pay back to the Employer funds received for the purpose of clothing or cleaning allowance after the employee has received such payment. The employer shall withhold the necessary federal income tax from the cleaning allowance as required by the Federal tax code as now written or hereinafter amended.. This section does not apply to employees with 21 or more years with the City. 12.4 CLEANING CONTRACT -- In the event the Employer secures a cleaning contract with an independent cleaning company during the term of this Agreement, 12.3 will become null and void. 12.5 ALTERNATE CLOTHING AND UNIFORM CLEANING ALLOWANCE REIMBURSEMENT METHOD -- At the employee's option, in lieu of the provisions of Section 12.2 and 12.3, he/she may submit appropriate receipts for reimbursement of either or both of these allowances up to the maximum as specified in 12.2 and 12.3 above.. An employee must inform the Treasurer's Office no later than January 1 of each year that he/she wishes to utilize this alternative. ARTICLE 13 ............ PERSONNEL PRACTICES 13.1 DEFINITIONS - For the purpose of interpreting the provisions of this agreement, the following definitions shall apply: 13.1.1 Probationary Employee: An employee serving a twelve-month period commencing upon the initial date of hire as a permanent employee during which the employee may be discharged at the sole discretion of the City, -Collective Bargahing Agreement- Bremerton Police Mmagement Association January 1, 2004 through December 31,2004 Page 10 of 17 consistent with applicable Civil Service Rules and Regulations and without recourse to the grievance procedure. 13.1.2 Promotional Probation: A twelve-month period commencing upon the initial date of a permanent promotional appointment during which a promoted employee who is unable to perform the duties of the higher level position shall be returned to his or her previous classification at the time of appointment at the sole discretion of the Chief of Police consistent with applicable Civil Service Rules and Regulations, and without recourse to the grievance procedure. 13.1.3 LEOFF I Employee: An employee who qualifies for and is a member of the Washington State Retirement System commonly known as "LEOFF I". 13.1.4 LEOFF II Employee: An employee who qualifies for and is a member of the Washington State Retirement System conunonly known as "LEOFF I 1 ". 13.2 PROMOTIONS AND VACANCIES- All personnel reductions, filling of vacancies and promotions shall be handled in accord with existing Civil Service Rules and Regulations and shall not be subject to the grievance procedure. 13.3 INDEMNIFICATION OF EMPLOYEES -- The City shall provide legal defense and will pay all legitimate claims, settlements, judgements, and associated costs for employees and their marital communities named as parties or defendants in claims or lawsuits as a result of acts or omissions made in the good faith performance of the City's business. ARTICLE 14 ............ TUITION REIMBURSEMENT PROGRAM 14.1 An employee engaged in the pursuit of either undergraduate or graduate degrees related to the Law Enforcement profession shall receive limited tuition reimbursement if he or she meets the following guidelines: 14.1.1 Tuition reimbursement shall be limited only to those courses related to Law Enforcement subjects and with matriculation at an accredited college or university. 14.1.2 The City will reimburse the employee up to a maximum of $75 per quarter credit hour or up to a maximum of $110 per semester credit hour up to a maximum of 12 credit hours for course registration fees only. 14.1.3 Only full time bargaining unit employees in good standing in the Bremerton Police Department are eligible for tuition reimbursement. 14.1.4 Tuition reimbursement shall be made if a grade of "C" or better is attained. Employee will be required to furnish proof of payment and an official grade report at the time reimbursement is requested. -Collective Bargahing Agreement Bremerton Police Management Association January 1, 2004 through December 31, 2004 Page 11 of 17 14.1.5 The Police Chief shall have the authority to grant tuition reimbursement pursuant to the above provisions, and shall have the authority to disapprove tuition reimbursement if cause is shown. 14.1.6 It shall be understood that training and or study time will be undertaken during off-duty time. ARTICLE 15 ............ MANAGEMENT RIGHTS 15.1 Any and all rights concerned with the management and operation of the Police Department are exclusively that of the City unless otherwise provided by the terms of this Agreement. The City has the right, among other actions, to adopt rules' for the operation of the Department and conduct of the employees, to discipline, suspend or discharge employees for cause, to assign work and determine duties of employees, to determine number of personnel to be assigned duty at any time, to determine and introduce new work methods or facilities to increase productivity for operation of the Department and to perform all of the functions not otherwise expressly limited by this Agreement. Provided, nothing herein shall be construed as a waiver of collective bargaining rights conferred on the parties by RCW 41.56. ARTICLE 16 ............ GRIEVANCE PROCEDURE 16.1 DEFINITIONS 16.1.1 GRIEVANCE-- A grievance is an allegation of a violation of the terms and conditions of this agreement which is to be resolved through this Grievance Procedure. 16.1.2 CIVIL SERVICE APPEAL -- An appeal is an allegation of a violation of the Civil Service Rules which is to be resolved through the Civil Service Appeals procedure and is not resolvable through this Grievance Procedure. 16.1.3 UN FAIR LABOR PRACTICE -An Unfair Labor Practice charge is an allegation of a violation of the Washington State statutes governing public employment labor relations which is to be resolved through the Public Employment Relations Commission's rules and regulations and is not resolvable through this Grievance Procedure. 16.2 STEP 1 -- An employee who believes that the terms and conditions of this agreement have been violated shall first discuss the action giving rise to the belief with the Police Chief within fourteen (14) calendar days of the date the action took place or within fourteen (14) days of the date upon which the employee could reasonably have been expected to know of such action. The employee shall have the right to be assisted by an authorized Association representative during this discussion. ~Collective Bargaifing Agreement- Bremerton Police Management Association January 1, 2004 through December 31, 2004 Page 12 of 17 16.3 STEP 2 -- In the event that the Police Chief does not resolve the grievance to the satisfaction of the employee at Step 1 of this procedure, the employee shall reduce the grievance to writing and shall state: the section (or sections) of this agreement which is alleged to have been violated; an explanation of the grievance in detail, including dates, actions and such other information necessary to a full investigation of the facts and circumstances giving rise to the grievance; and the remedy sought. The employee shall have the right to be assisted by an authorized Association representative in reducing his or her grievance to writing. The employee shall present the written grievance to the Police Chief within fourteen (14) calendar days of the date the employee met with the Police Chief. The Police Chief will reduce his or her decision on the grievance to writing and shall transmit the decision to the employee with a copy to the Association representative within fourteen (14) calendar days of receiving the written grievance. 16.4 STEP 3 -- In the event that the Police Chief does not resolve the grievance to the satisfaction of the employee at Step 2 of this procedure, the Association shall, on behalf of the employee, transmit a copy of the original grievance along with a copy of the Police Chief's written response to the Director of Human Resources and the Mayor within fourteen (14) calendar days of receipt of the Police Chief's written response. The Director of Human Resources and the Mayor shall consider the grievance and may convene a meeting with the Association representative in an attempt to resolve the grievance. The Director of Human Resources shall reduce his or her decision to writing within fourteen (14) calendar days of receipt of the grievance and transmit the decision to the Association. 16.5 STEP 4 -- In the event that the Director of Human Resources and the Mayor do not resolve the grievance at Step 3 of this procedure, the Association may request arbitration of the issue by written notification to the Director of Human Resoumes. The Director of Human Resources and the Association shall meet within fourteen (14) calendar days of the date upon which the Director of Human Resources rendered his or her written decision on the grievance and shall select a neutral arbitrator by mutual agreement or through a mutually agreeable process. 16.6 POWERS AND DUTIES OF THE ARBITRATOR -- It shall be the duty of the arbitrator to conduct a hearing on the issue or issues submitted by the parties for decision. The hearing shall be kept informal and private. The arbitrator shall interpret the provisions of this agreement as they apply to the issue or issues submitted for decision and shall not add to, subtract from nor in any way otherwise alter nor recommend the alteration of the terms and conditions of the agreement in deciding the matter. As soon as is practicable after conducting the hearing, the arbitrator shall render a written decision which shall be binding upon the parties. 16.7 COSTS OF ARBITRATION -- The expenses of the neutral arbitrator shall be borne equally by the parties. Each party shall singly bear all costs related to preparing and presenting its own case before the arbitrator, including costs of witnesses. The party desiring a record of the proceedings shall bear the cost of obtaining such record. Collective Bargaifing Agreement - Bremerton Police Maaagement Association January 1, 2004 through December 31, 2004 Page 13 of 17 16.8 TIME LIMITS -- Time limits established in this procedure shall be strictly adhered to but may be waived by mutual agreement of the Association and the City. All procedures contained herein shall be complied with as expeditiously as practicable. ARTICLE 17 ............ SEVERABILITY 17.1 In the event that any provision of this Agreement is held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article should be restrained by such tribunal pending a final determination as to its validity, the remaining provisions of this Agreement shall not be held invalid and shall remain in full force and effect. The Association and the City shall immediately meet and attempt to renegotiate any provision found invalid. ARTICLE 18 ............ ENTIRE AGREEMENT 18.1 The Association and the City acknowledge that each has had the unlimited right and opportunity to make proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this Agreement. Therefore, the City and the Association each voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain with respect to any subject or matter not specifically covered by the Articles of this Agreement during the term of this Agreement, except as mutually agreed upon. ARTICLE 19 ............ CONFLICTING PROVISIONS 19.1 In the event that any provision of this Agreement is found to be in conflict with any other Resolution, Ordinance, Policy, Regulation or Rule of the City, the provision of this agreement shall prevail. ARTICLE 20 ............ TERM This Agreement shall become effective January 1, 2004 contingent upon ratification by both parties, shall remain in effect through December 31, 2004, and may be extended thereafter by mutual agreement. The City or the Association may request reopening of this Agreement any time within six (6) months prior to the expiration date for the purpose of negotiating changes to be effective upon ratification of the agreement by both the City and the Association. ARTICLE 21 .......... SMOKING POLICY 21.1 The provisions of Human Resources Policy 3-50-05, Smoking Policy, will apply to employees represented by Bremerton Police Management Association, with the following exceptions: 21.1.1. Employees may smoke in a City vehicle when they are not transporting any other person(s). Collective Bargaifing Agreement- Bremerton Police Mmagement Association January 1, 2004 through December 31, 2004 Page 14 of 17 21.1.2 Employees may smoke outside the entrance to the Westside Patrol Office. Article 22 .......... POLICE OFFICERS' BILL OF RIGHTS The wide ranging powers and duties given to the Police Department and its members involve them in all manner of contacts and relationships with the public. Of these contacts come many questions concerning the actions of members of the force. These questions often require immediate investigation by superior officers designated by the Chief of the Bremerton Police Department. In an effort to insure that these investigations are conducted in a manner which is conducive to good order and discipline, the following guidelines are promulgated: 22.1 Internal Investigation Defined - For the purposes of this Appendix, the term "internal investigation" means an investigation by or under the authority of the Chief of Police of activities, circumstances or events pertaining to the conduct or acts of a City law enfomement employee. Such investigation shall be deemed a "criminal investigation" where it is suspected that such conduct or acts are or may be the basis for filing a criminal charge against such employee, and shall be deemed a "major investigation" where it is suspected that such conduct or acts may also or alternatively be the basis for discharge, suspension or other discipline of such employee. 22.2 Employee Advised of Alleged Misconduct - Every employee who becomes the subject of an internal investigation shall be advised at the time of any interview in connection therewith that, as the case may be, (s)he is suspected of: 22.2.1 Committing a criminal offense. 22.2.2 Misconduct which would be grounds for termination, suspension, or other disciplinary action; or that (s)he may be qualified for continued employment with the Police Department. At the time of the interview such employee shall also be informed of the name of the officer in charge of the investigation and the name of the officer who will be conducting the interview. 22.3 Representation by Counsel - Any employee who becomes the subject of a criminal investigation may have legal counsel present during all interviews of such employee. Such representation by counsel shall be confined to counseling and shall not be authority for any participation by counsel in the investigation. 22.4 Employee to be Informed in Writing-Recorded Interviews - In the case of any major investigation and before any interview commences, the employee to be interviewed shall be informed in writing of the nature of the investigation including information necessary to reasonably appraise him/her of the allegations of any complaint and (s)he shall be afforded an opportunity and facilities to contact and consult privately with an attorney of his/her own choosing before being interviewed. Such employee may request that the interview be recorded, either mechanically or by a stenographer, and no questions shall be asked "off the record". Upon request, Collective Bargahing Agreement- Bremerton Police Mmagemeflt Association January 1, 2004 through December 31, 2004 Page 15 of 17 the employee under investigation shall be provided an exact copy of any written statement (s)he has signed and a verbatim transcript of any interview of such employee. 22.5 Interviewing Procedures - Interviews shall be held at a reasonable hour and preferably when the employee to be interviewed is on duty unless the exigencies of the interview indicate otherwise. Whenever possible, interviews shall be scheduled during the normal work day of the City. Interviewing shall be completed within a reasonable time and shall be accomplished under circumstances devoid of intimation or coercion. The employee being interviewed shall be entitled to such intermissions as (s)he shall request for personal necessities, meals, telephone calls, and rest periods. All interviewing shall be limited to the conduct or acts of the employee under investigation which form or may form the basis for disciplinary action, termination of employment or the filing of a criminal charge. 22.6 Intimidation of Employee Prohibited - No employee under investigation shall, as a guise for obtaining such employee's resignation, be falsely threatened with dismissal or other disciplinary action should (s)he refuse to resign, nor shall (s)he be subjected to abusive language or in any other manner intimated or offered promises or reward as an inducement to answer questions. ARTICLE 23 .......... MANAGEMENT CERTIFICATIONS 23.1 Effective January 1, 2004, an employee who currently holds or obtains management certifications through the Washington State Criminal Justice Training Commission will receive additional compensation for each certification as listed below: Middle Management Certification One point seven-five percent (1.75%) Executive Certification Two and one/half percent (2.5%) Maximum additional compensation is capped at 4.25% 23.2 Section 23.1, does not apply to LEOFF I employees with 21 or more years with the City. This Agreement is hereby submitted to the Bremerton City Council for approval. Upon the approval of the Council, this agreement shall become binding upon the City, the Association and all of the employees in the bargaining unit covered by this agreement. APPROVED by the Bremerton City Council on thel0th day of November 2004. Signed this [ day of t~o¥~1~ 2004.. CITY OF BREMERTON: BREMERTON POJ~ICE MANAG~qMENT ASSOCIATION: / / Carol S. ConleyTHuman Resource~/irector Captain Craig Rogers, Presid0fi'i Collective Bargahing Agreement- Bremerton Police Maaagement Association January 1, 2004 through December 31, 2004 Page 16of17 ~" Captaifl Thc(nas Wolfe, Vice-President Ro~e~_~Forbes, Police C~n~.~ Honorable Cafy Bozeman, Mayor ~'h~la~Johrls~ ~'~37/2Jerk APPROVED AS TO FORM: 42ollective Bargaining Agreement- Bremerton Police Management Association January 1, 2004 through December 31, 2004 Page 17 of 17 +Browse: Next Previous First Last Update Delete Restart X - Exit + +Retrieve the Next record + +Found: 2 Record(s) MAINTAIN Contract Transactions + + Contract Number 2236 + + + +Vendor Name BREMERTON POLICE MANAGEMENT ASSOCIATION + +Subject COLLECTIVE BARGAINING AGREEMENT + +Department R/3MAN RESOURCES + +Status Code EMP + + Amount + + Begin Date 01/01/1986 + + Insurance End Date 12/31/2003 + + Type Amount Review Date 07/01/2003 + + + + + + + + Insurance Total $0.00 + + Insurance Review Date + + + + Comment s + + + + + COLLECTIVE BARGAINING AGREEMENT Between CITY OF BREMERTON and BREMERTON POLICE MANAGEMENT ASSOCIATION OF January 1, 2002 - December 31, 2003 TABLE OF CONTENTS TO THE LABOR AGREEMENT BY AND BETWEEN CITY OF BREMERTON AND BREMERTON POLICE MANAGEMENT ASSOCIATION JANUARY 1, 2002 - DECEMBER 31, 2003 ARTICLE TITI ,F, PAGE PREAMBLE ........................................................................................................................................ ARTICLE I DISCRIMINATION ALLEGATIONS ............................................................ 1 ARTICLE 2 RECOGNITION ............................................................................................. 1 ARTICLE 3 ASSOCIATION ACCESS .............................................................................. 1 ARTICLE 4 SALARIES ..................................................................................................... l ARTICLE 5 HOURS OF WORK ........................................................................................ 4 ARTICLE 6 VACATION LEAVE ...................................................................................... 4 ARTICLE 7 HOLIDAYS .................................................................................................... 5 ARTICLE g SICK LEAVE AND INDUSTRIAL DISABILITY .......................................... 6 ARTICLE 9 OTHER PAID LEAVE ................................................................................... 8 ARTICLE 10 RETIREMENT BENEFITS ............................................................................ 8 ARTICLE 11 INSURANCE BENEFITS ............................................................................... 8 ARTICLE 12 CLOTHING AND UNIFORM CLEANING ALLOWANCE .......................... 10 ARTICLE 13 PERSONNEL PRACTICES ............................................................................ 11 ARTICLE 14 TUITION REIMBURSEMENT PROGRAM .................................................. 11 ARTICLE 15 MANAGEMENT RIGHTS ............................................................................. 12 ARTICLE 16 GRIEVANCE PROCEDURE .......................................................................... 12 ARTICLE 17 SEVERABILITY ............................................................................................ 14 ARTICLE 18 ENTIRE AGREEMENT ................................................................................. 14 ARTICLE 19 CONFLICTING PROVISIONS ...................................................................... 14 ARTICLE 20 TERM ............................................................................................................. 15 ARTICLE 21 SMOKING POLICY ....................................................................................... 15 ARTICLE 22 POLICE OFFICERS' BILL OF RIGHTS (Formerly Appendix "B") ............... 15 ARTICLE 23 MANAGEMENT CERTIFICATIONS (New Article) ...................................... 16 APPENDIX A ...................................................................................................................................... 19 LABOR AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON AND BREMERTON POLICE MANAGEMENT ASSOCIATION JANUARY 1, 2002 THROUGH DECEMBER 31, 2003 PREAMBLE This Agreement is made and entered into pursuant to the provisions of RCW Chapter 41.56 by and between the City of Bremerton, a municipal corporation of the State of Washington, hereinafter known as the "City", and the Bremerton Police Management Association hereinafter known as the "Association" for the purpose of setting forth the wages, hours and other terms and conditions of employment which shall be in effect during the term of this agreement for employees included in the bargaining unit described in Article 2 below. ARTICLE 1 ............. DISCRIMINATION ALLEGATIONS 1.1 An employee who believes that he or she has been the subject of unlawful discrimination on the basis of political affiliation, age, sex, marital status, race, creed, color, religion, national origin or activity protected by RCW 41.56 shall seek relief through the City's Equal Employment Opportunity Complaint Procedure or the appropriate state or federal agency charged with investigating such matters and shall not process such complaints through the Grievance Procedure of this Agreement. ARTICLE 2 ............. RECOGNITION 2.1 The City recognizes the Association as the sole and exclusive bargaining representative for the purpose of negotiations concerning wages, hours and conditions of employment for all employees in classifications set forth in Appendix A and such classifications as may be added to the bargaining unit during the term of this Agreement. ARTICLE 3 .............ASSOCIATION ACCESS 3.1 Association business such as handling grievances and other legitimate routine matters may be conducted on Police Department premises provided that such business does not interfere with Police Department operations and is authorized by the Police Chief. ARTICLE 4 ............ SALARIES 4.1 MONTI-ILY SALARY RATES -- Monthly salary rates shall be paid as set forth in Appendix A which is attached hereto and made a part hereof. Appendix A will be changed as necessary to reflect the following: Collective Bargaining Agreement- Bremerton Police Management Association 1 January 1, 2002 through December 31, 2003 4.1.1 The salary rates for Police Lieutenant and Police Captain will be set so as to maintain the following differentials: 4.1.1.1 The Police Lieutenant top base salary step will be not less than 15% above the top step Police Sergeant base wage rate. 4.1.1.2 The Police Captain top base salary step will be not less than 13% above the top step Police Lieutenant base salary rate. 4.1.1.3 Should Section 4.1.1.1 which is relative to the "Me to" ULP filed by the BPOG, be determined by PERC to be illegal, the City and the PMA agree to reopen this section for the purpose of creating new contract language to eliminate the connection to the Police Sergeants' top step rate of pay. 4.1.2 Effective January 1, 2002, employees will receive a three and one-half percent (3.5%) across-the-board cost of living adjustment (COLA). 4.1.3 Effective January 1, 2003, employees will receive a three and one-half percent (3.5%) across-the board COLA. 4.2 LONGEVITY PAY: Longevity pay, which is a rate of pay based on the length of completed continuous service with the City, shall be calculated on the individual employee's base salary rate and shall be paid as follows: Effective January 1, 2001: Length of Continuous Service Rate Per Hour 0 through 10 years continuous employment 0% Commencing 11 through 15 years continuous employment 2% Commencing 16 through 20 years continuous employment 3% Commencing 21 through 25 years continuous employmemt 7.75% Commencing 26 years and over continuous employment 9.00% NOTE: The below rates for LEOFF I employees are incorrect, please refer to the attached MOU which lists the corrected rates and reason for the error. 4.2.1 Effective January 1, 2002 for LEOFF I employees only: Commencing 21 through 25 years continuous employment 8.25 % Commencing 26 years and over continuous employment 9.50 % 4.2.2 Effective July 1, 2002 for LEOFF I employees only: Commencing 21 through 25 years continuous employment 8.75 Commencing 26 years and over continuous employment 10 % Collective Bargaining Agreement Bremerton Police Management Association 2 January I, 2002 through D~cember 31, 2003 4.2.3 Effective January 1, 2003 for LEOFF I employees only: Commencing 21 through 25 years continuous employment 9.75% Commencing 26 years and over continuous employment 11% 4.2.4 Effective July 1, 2003 for LEOFF I employees only: Commencing 21 through 25 years continuous employment 10.25 % Commencing 26 years and over continuous employment 11.5 % 4.3 PAY RATE WHEN PROMOTED TO A HIGHER CLASSIFICATION -- An employee promoted to a higher classification will receive at least the entry step of the new pay band or a step at least five percent (5%) higher, whichever is greater. However, no employee may be advanced beyond the final step of the new pay band. 4.3.1 The employee's advancement to the next step of the new pay band will be based on the effective date of their promotion to the higher classification. 4.4 STEP ADVANCEMENT -- Advancement from Step to Step will occur upon the positive recommendation of the Police Chief and after completion of twelve (I 2) continuous months of service in each step, based upon satisfactory attainment of established performance standards, and overall satisfactory performance. Step increases may be withheld for a maximum of six (6) months. In the event an employee is on approved leave of absence without pay, the employee's next wage rate advancement date will be extended by the actual number of days the employee was absent on such leave. The denial of a step increase is subject to the grievance procedure. 4.5 TEMPORARY/PROVISIONAL ASSIGNMENT TO HIGHER LEVEL POSITION -- The Police Chief or, in the absence of the Chief, the Mayor may provide a written directive to an employee to perform all or a part of the duties and accept all or a part of the responsibilities of a higher level classification, The employee so directed shall have his/her pay rate adjusted for the duration of the assignment as if he/she had been promoted to the higher classification provided, however, that such adjustment shall be not less than 5%. Other benefits provided such an employee through the provisions of this agreement shall not be affected, and no benefits of the higher level classification shall apply to the employee during the assignment. This provision shall not apply in situations when the Police Chief designates an employee to serve in an "Acting" capacity less than 30 work days during the absence of the Police Chief or a Captain (Division Commander) due to vacations, while attending conferences, and other such usual and customary absences 4.6 DEFERRED COMPENSATION - Effective January 1, 2002, the City will match the payroll deduction of any written request by an employee with less than twenty-one years service with the City in an amount not to exceed three-pement (3%) of the employee's base monthly salary rate. Effective January 1, 2003, the City's match will be in an amount not to exceed four-percent (4%) of the employee's base monthly salary. This section does not apply to employees with 21 or more years with the City. Collective Bargaining Agreement Bremerton Police Management Associalion 3 January 1,2002 through December 31, 2003 ARTICLE 5 ............. HOURS OF WORK 5.1 Employees shall work such hours as are assigned by the Police Chief which shall be at least forty (40) hours per week, including paid holiday, vacation and sick leave time. In addition, employees shall serve on emergency standby status during such periods as are assigned by the Police Chief and are subject to emergency callback at any time. Employees covered by this agreement are salaried and exempt from the overtime provisions of the Fair Labor Standards Act. ARTICLE 6 ............. VACATION LEAVE 6.1 VACATION ACCRUAL -- Employees shall accrue vacation time with pay for all regularly scheduled work time including paid leave time pursuant to the following schedule: PERIOD OF CONTINUOUS FULL TIME EMPLOYMENT Date of Hire through Hours Accrued/Year 5 years 104 Hours 6th year 120 Hours 7th year 128 Hours 8th year 136 Hours 9th year 144 Hours 10th year 152 Hours 1 lth year 160 Hours 12th year 168 Hours 13th year 176 Hours 14th year 184 Hours 15th year 192 Hours 16th year 200 Hours 17th year and thereafter 208 Hours 6.2 VACATION ELIGIBILITY -- An employee becomes eligible to take accrued vacation time upon completion of six (6) months of continuous employment. Vacation time must be fully accrued prior to the time an employee takes any vacation time off. 6.3 VACATION SCHEDULING -- Annual vacation leave shall be authorized by the Police Chief or the Chief's designee. Personnel shall schedule vacation leave by mutual agreement of the employee and the Police Chief or the Chief's designee. 6.4 MAXIMUM VACATION ACCRUAL -- The maximum number of vacation accrual hours that any employee shall be allowed to carry forward from one calendar year to the next is as follows: Collective Bargaining Agreement- Bremerton Police Management Association 4 January 1,2002 through December 31, 2003 Years of Continuous Employment Maximum Balance 0 through Five (5) years 160 hours More than Five (5) years 300 hours Vacation leave may be accumulated up to a maximum of three hundred (300) hours as of November 15th, of any calendar year. Employees with more than three hundred (300) hours accrued as of November 15th will be paid for any accrual over three hundred (300) hours, up to a maximum of 80 hours. Payment shall be made the 1st pay period in December. Any accrual in excess of the 80 hours maximum payout shall be forfeited, and the vacation leave balance shall be reduced to 300 hours. 6.5 VACATION PAY-OUT -- Upon the retirement or termination of an employee who has served six (6) continuous full months of employment or more, or upon the date of an employee's disability retirement, the accrued vacation hours of such an employee will be paid to the employee in a cash lump sum payment. ARTICLE 7 ............. HOLIDAYS 7.1 HOLIDAYS OBSERVED -- The following holidays shall be observed by the City: New Year's Day Labor Day Martin Luther King's Birthday Veteran's Day President's Day Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas In addition, any other holiday legally proclaimed by the Federal or State government, provided that the City takes official action to have such holiday also observed by the City. 7.2 FLOATING HOLIDAY- Each employee shall be allowed one additional holiday to be observed by the employee on a day mutually agreeable to the employee and the Police Chief. 7.3 ALTERNATIVE DAYS OF HOLIDAY OBSERVATION -- If a holiday observed by the City falls on a Saturday, the holiday will be observed on the preceding Friday. If a holiday falls on a Sunday, the holiday will be observed on the following Monday. If the day a holiday is observed by the City falls on an employee's regularly scheduled day off, the employee shall receive an alternate day as a paid holiday. 7.4 HOLIDAY COMPENSATION -- An employee shall receive eight (8) hours of time off with pay for each holiday observed by the City and for a floating holiday of each employee's choice. Collective Bargaining Agreement- Bremerton Police Management Association 5 January 1, 2002 through December 31, 2003 ARTICLE 8 ............. SICK LEAVE AND INDUSTRIAL DISABILITY 8.1 SICK LEAVE ACCRUAL -- Employees shall accrue sick leave time with pay at the rate of.046154 hours for all normal hours of work including paid leave. 8.2 MAXIMUM SICK LEAVE ACCRUAL -- Employees shall be able to accrue sick leave to a maximum of one thousand (1000) hours. 8.3 SICK LEAVE INCENTIVE -- An employee who has more than five (5) years of continuous full time paid employment with the City and who takes thirty-two (32) hours or less of sick leave in the calendar year following the fifth year of employment and any subsequent calendar year, shall have eight (8) hours added to his or her vacation leave balance at the beginning of the following calendar year. 8.4 SICK LEAVE RETIREMENT OR DEATH PAYMENT -- An employee who retires from City service on a service retirement shall be provided a Sick Leave Retirement Payment of thirty-five percent (35%) of the employee's accrued and unused sick leave hours to a maximum of 35% of 960 hours (a maximum total of 336 hours). The payment will be made to the employee at the employee's regular hourly wage rate in effect at the time of retirement or in the event of death, to their designated beneficiary. 8.5 SICK LEAVE USE -- Sick leave must be accrued prior to use by an employee. Sick leave shall be made available to each employee up to the amount of each employee's accrued sick leave balance hours due to: 8.5.1 The temporary disability of an employee resulting from his or her personal illness or injury. 8.5.2 Providing care for an employee's children under the age of 18 when they have a health condition that requires supervision or treatment. 8.5.3 Attending medical, dental and/or oculist appointments as needed for preventive or rehabilitative health care of the employee or the employee's children when such care requires parental presence to supervise or authorize treatment. 8.5.4 Upon the birth or adoption of a child, a father may use up to three (3) days of accrued sick leave or claim FMLA leave pursuant to Federal Law as may be amended from time to time. 8.5.5 Providing for an employee's immediate family member when the family member has a health condition that requires the assistance of an adult caretaker until such time as other care can be arranged. No more than five (5) days of sick leave can be used for this purpose per calendar year, unless as otherwise provided in this section or unless it qualifies for and is taken as FMLA leave. Collective Bargaining Agreement- Bremerton Police Management Association 6 January 1, 2002 through December 31, 2003 8.6 NOTIFICATION OF SICK LEAVE USE -An employee who is absent or expects to be absent from work due to causes specified in 8.5 above, shall provide notification as follows: 8.6.1 ROUTINE APPOINTMENTS -- An employee who schedules a routine medical, dental or oculist appointment shall make every reasonable effort to schedule such an appointment at a time which will cause the least interference with the employee's work hours and duties. The employee shall give prior notice of the date and time of the appointment to his or her immediate supervisor. An employee's immediate supervisor may request that the employee reschedule routine appointments when, in the judgment of the supervisor, the scheduled absence of the employee would unduly interfere with the operations of the Department. An immediate supervisor shall not unreasonably deny an employee sick leave with pay for routine medical, dental or oculist appointments. 8.6.2 UNANTICIPATED ABSENCE -- An employee who is absent from work or will be unable to report to work as scheduled due to personal illness or injury, or for other causes specified in Section 8.5 above, shall promptly notify the department by telephone or otherwise by 0800 of the day of his or her scheduled work day. 8.6.3 SICK LEAVE DURING AUTHORIZED PAID LEAVE -An employee who becomes ill or is injured during the employee's paid vacation may request the conversion of such paid leave to sick leave with pay by promptly notifying the department of the illness or injury and providing such information as is required by the department to verify the appropriateness of such a conversion. 8.7 SICK LEAVE DOCUMENTATION AND APPROVAL -- An employee who has been absent on sick leave shall, within thirty-six hours after returning to work, submit such forms and provide such information as are required by the Department to approve the use of sick leave with pay for the absence. The Department may require an employee to demonstrate that he or she has sought treatment, taken appropriate precautions or otherwise effected measures to correct the condition causing the employee's absence. Such demonstrations may take the form of personal statements of the employee, medical examinations or certifications of appropriate professionals, or other methods appropriate to the circumstances. The Department may require an employee to provide certification by a professional physician that the employee is sufficiently recovered as to be able to return to work without posing a health hazard to himself or herself or to other members of the workforce. Sick leave must be approved by the Department prior to payment. The Department shall not unreasonably withhold approval of sick leave with pay from employees. 8.8 INDUSTRIAL DISABILITY FOR LEOFF I EMPLOYEES -- An employee who qualifies for and is included in the Washington State Retirement System commonly referred to as "LEOFF I", who becomes disabled, and whose disability extends beyond a period of six (6) full months, shall apply for disability retirement benefits provided through LEOFF I. Collective Bargaining Agreement- Bremerton Police Management Association 7 January 1, 2002 through D~ember 31,2003 8.9 INDUSTRIAL DISABILITY LEAVE FOR LEOFF II EMPLOYEES --An employee who qualifies for and is included in the Washington State Retirement System commonly referred to as "LEOFF II", and who incurs a work-related illness or injury shall be provided with such compensation as is made available through Workers' Compensation time-loss benefits as provided by Washington State Law. ARTICLE 9 ............. OTHER PAID LEAVE 9.1 BEREAVEMENT LEAVE - An employee will be granted five (5) days of bereavement leave for attending funerals in the State of Washington and seven (7) days for out of state fimerals of members of the employee's immediate family. Immediate family shall be defined as spouse, child, stepchild, mother, father, mother/father in-law, brother, sister, bother/sister in-law, grandparents and grandchildren of both the employee and the employee's spouse. All time off for bereavement leave shall be charged against an employee's vacation/holiday, sick leave or compensatory time leave balance at the option of the employee. 9.2 JURY DUTY, WITNESS LEAVE - An employee shall be granted leave of absence with pay for the purpose of reporting to Jury Duty or if subpoenaed as a witness. Any juror or witness fees received by the employee for the performance of such duties shall be assigned to the City. 9.3 MILITARY LEAVE - An employee who presents official orders requiring his/her attendance for a period of training or other active duty as a member of the United States Armed Forces or the State National Guard shall be entitled to military leave with no loss of pay for a period not to exceed fifteen (15) work days annually. Authorized leave of absence for additional or longer periods of time for assignment to duty functions shall be without pay and shall be granted by the City. An employee receiving up to fifteen (15) work days of training or serving on active duty shall receive their regular pay and the amount received from the Federal or State government. (Pursuant to RCW 38.40.060 as may be amended from time to time). ARTICLE 10 ............ RETIREMENT BENEFITS 10.1 Each employee shall be enrolled in the Washington State Retirement system for which he or she qualifies. Only for the purposes of federal income taxation, the gross income of each employee shall be reduced by the amount of employee contributions to the respective retirement system, which is picked up by the City. ARTICLE 11 ............ INSURANCE BENEFITS 11.1 MEDICAL INSURANCE -- The City shall make medical insurance coverage available to employees and their dependents as follows: ,, Kitsap Physician's Service Plan A for Employees and Plan "A" for Dependents. Collective Bargaining Agreement- Brcmerton Police Management Association 8 January 1,2002 through December 31, 2003 · Group Health Cooperative for Employees and Dependents or another plan of equivalent coverage approved by the Insurance Benefit Committee. 11.2 INSURANCE PREMIUM PAYMENTS -- Payment of insurance premiums shall be made as follows: 11.2.1 Employee and dependent premiums will be paid in full by the City for those employees enrolled with KPS. 11.2.2 Employees with coverage through GHC who enroll their dependents, will be required to pay ten dollars ($10) per month per dependent to a maximum of thirty dollars ($30) per month for full family coverage. 11.3 DENTAL INSURANCE -- The City shall provide the same benefit levels as are contained in the Washington Dental Service Plan F dental insurance coverage for employees and their dependents and provide for full payment of insurance premiums. Any other plan must be approved by the Insurance Benefit Committee. 11.4 DISABILITY -- Employees who are covered by the Washington State Retirement System commonly known as LEOFF II, shall enroll to receive Long Term Disability Insurance coverage through the provisions of policies held by the City with Standard Insurance Company. The City shall pay a maximum of $12.50 per month per eligible and enrolled employee toward premium costs. The remainder of all premium costs shall be borne by the enrolled employee and shall be paid to Standard Insurance Company through payroll deductions authorized by each enrolled employee. 11.5 INSURANCE RESERVES, REBATES AND SURPLUSES -- The City shall require the KPS medical plan provider to provide a structured accounting to the City at least annually. Such accounting shall include plan utilizations, all reserve accounts maintained for the plan, interest earned on reserves, administration costs and coinsurance (pooling) costs. This accounting shall be made available to the Association upon request. The City agrees that premium rebates, reserve account rebates or any other monetary returns to the employer from the insurance providers together with subsequent interest earnings thereon shall be used exclusively to defray the costs of premium increases in the plan, and increase benefit levels, or other health related purposes determined appropriate by the Insurance Benefits Committee. Premium increases shall be any increase over the 1994 levels. 11.6 INSURANCE COMMITTEE -- The Insurance Benefits Committee shall be comprised off the following members: Mayor or designee, Human Resources Manager or designee, Administrative Services Director or designee, one employee selected by the non- represented management and professional employees, and one individual selected by each of the recognized unions. The committee shall elect a chair and any other officers it deems appropriate. Collective Bargaining Agreement Bremerton Police Management Association - : 9 January 1,2002 through December 31, 2003 11.7 KPS COST CONTAINMENT MEASURES: The following cost containment measures under KPS shall become effective January 1, 2002: 11.7.1 $10 OFFICE VISIT CO-PAYMENT - Effective January 1, 2002, employees and dependents enrolled under KPS will pay a $10 co-payment per office visit. Co-payments shall not apply towards satisfaction of the calendar year deductible. 11.7.2 $50 ANNUAL PHARMACY CO-PAYMENT - Effective January 1, 2002, employees and dependents enrolled under KPS will pay an additional annual co-pay of $50.00 for covered prescriptions. 11.7.3 Any required co-payments shall be the sole responsibility of the employee. ARTICLE 12 ............ CLOTHING AND UNIFORM CLEANING ALLOWANCE 12.1 PURCHASE OF UNIFORMS -- The employer shall establish a Clothing Allowance Fund for thc Bremerton Police Department. Each police officer shall be furnished uniforms as designated by the Chief of Police. Such uniforms shall be replaced on an as needed basis fi.om the Clothing Allowance Fund, as determined by the Police Department Administration Office. All uniforms purchased by the Employer are to be and remain the property of the Employer. 12.2 CLOTHING ALLOWANCE -An annual allowance of five hundred dollars ($500.00) will be provided to non-aniformed, sworn personnel with less than twenty-one (21) years service with the City. Such allowance shall be paid during the month of January. The employer shall withhold the necessary federal income tax from the cleaning allowance as required by the Federal tax code as now written or hereinafter amended. This section does not apply to employees with 21 or more years with the City. 12.3 UNIFORM CLEANING ALLOWANCE -- There shall be an annual uniform cleaning allowance of three hundred twenty-five dollars ($325.00) per year for employees with less than twenty-one years service with the City. This applies to all personnel covered by this agreement. Such allowance shall be payable in January. An employee will not be required to pay back to the Employer funds received for the purpose of clothing or cleaning allowance after the employee has received such payment. The employer shall withhold the necessary federal income tax from the cleaning allowance as required by the Federal tax code as now written or hereinafter amended.. This section does not apply to employees with 21 or more years with the City. 12.4 CLEANING CONTRACT -- In the event the Employer secures a cleaning contract with an independent cleaning company during the term of this Agremnent, 12.3 will become null and void. Collective Bargaining Agreement- Brerner~n Police Management Association 1 0 January 1, 2002 through December 31, 2003 12.5 ALTERNATE CLOTHING AND UNIFORM CLEANING ALLOWANCE REIMBURSEMENT METHOD -- At the employee's option, in lieu of the provisions of Section 12.2 and 12.3, he/she may submit appropriate receipts for reimbursement of either or both of these allowances up to the maximum as specified in 12.2 and 12.3 above.. An employee must inform the Treasurer's Office no later than January 1 of each year that he/she wishes to utilize this alternative. ARTICLE 13 ............ PERSONNEL PRACTICES 13.1 DEFINITIONS - For the purpose of interpreting the provisions of this agreement, the following definitions shall apply: 13.1.1 Probationary Employee: An employee serving a twelve-month period commencing upon the initial date of hire as a permanent employee during which the employee may be discharged at the sole discretion of the City, consistent with applicable Civil Service Rules and Regulations and without recourse to the grievance procedure. 13.1.2 Promotional Probation: A twelve-month period commencing upon the initial date of a permanent promotional appointment during which a promoted employee who is unable to perform the duties of the higher level position shall be returned to his or her previous classification at the time of appointment at thc sole discretion of the Chief of Police consistent with applicable Civil Service Rules and Regulations, and without recourse to the grievance procedure. 13.1.3 LEOFF I Employee: An employee who qualifies for and is a member of the Washington State Retirement System commonly known as "LEOFF I". 13.1.4 LEOFF II Employee: An employee who qualifies for and is a member of the Washington State Retirement System commonly known as "LEOFF Il". 13.2 PROMOTIONS AND VACANCIES- All personnel reductions, filling of vacancies and promotions shall be handled in accord with existing Civil Service Rules and Regulations and shall not be subject to the grievance procedure. 13.3 INDEMNIFICATION OF EMPLOYEES -- The City shall provide legal defense and will pay all legitimate claims, settlements, judgements, and associated costs for employees and their marital communities named as parties or defendants in claims or lawsuits as a result of acts or omissions made in the good faith performance of the City's business. ARTICLE 14 ............ TUITION REIMBURSEMENT PROGRAM 14.1 An employee engaged in the pursuit of either undergraduate or graduate degrees related to the Law Enforcement profession shall receive limited tuition reimbursement if he or she meets the following guidelines: Collective Bargaining Agreement- Bremer~n Police Management Association 1 1 January l, 2002 through Decernbec 3 l, 2003 14.1.1 Tuition reimbursement shall be limited only to those courses related to Law Enfomement subjects and with matriculation at an accredited college or university. 14.1.2 The City will reimburse the employee up to a maximum of $75 per quarter credit hour or up to a maximum of $110 per semester credit hour up to a maximum of 12 credit hours for course registration fees only. 14.1.3 Only full time bargaining unit employees in good standing in the Bremerton Police Department are eligible for tuition reimbursement. 14.1.4 Tuition reimbursement shall be made if a grade of "C" or better is attained. Employee will be required to furnish proof of payment and an official grade report at the time reimbursement is requested. 14.1.5 The Police Chief shall have the authority to grant tuition reimbursement pursuant to the above provisions, and shall have the authority to disapprove tuition reimbursement if cause is shown. 14.1.6 It shall be understood that training and or study time will be undertaken during off-duty time. ARTICLE 15 ............ MANAGEMENT RIGHTS 15.1 Any and all rights concerned with the management and operation of the Police Department are exclusively that of the City unless otherwise provided by the terms of this Agreement. The City has the right, among other actions, to adopt rules' for the operation of the Department and conduct of the employees, to discipline, suspend or discharge employees for cause, to assign work and determine duties of employees, to determine number of personnel to be assigned duty at any time, to determine and introduce new work methods or facilities to increase productivity for operation of the Department and to perform all of the functions not otherwise expressly limited by this Agreement. Provided, nothing herein shall be construed as a waiver of collective bargaining rights conferred on the parties by RCW 41.56. ARTICLE 16 ............ GRIEVANCE PROCEDURE 16.1 DEFINITIONS 16.1.1 GRIEVANCE -- A grievance is an allegation of a violation of the terms and conditions of this agreement which is to be resolved through this Grievance Procedure. Collective Bargaining Agreement - Bremerton Police Management Association 12 January 1,2002 through December 31, 2003 16.1.2 CIVIL SERVICE APPEAL -- An appeal is an allegation of a violation of the Civil Service Rules which is to be resolved through the Civil Service Appeals procedure and is not resolvable through this Grievance Procedure. 16.1.3 UNFAIR LABOR PRACTICE -An Unfair Labor Practice charge is an allegation of a violation of the Washington State statutes governing public employment labor relations which is to be resolved through the Public Employment Relations Commission's rules and regulations and is not resolvable through this Grievance Procedure. 16.2 STEP 1 -- An employee who believes that the terms and conditions of this agreement have been violated shall first discuss the action giving rise to the belief with the Police Chief within fourteen (14) calendar days of the date the action took place or within fourteen (14) days of the date upon which the employee could reasonably have been expected to know of such action. The employee shall have the right to be assisted by an authorized Association representative during this discussion. 16.3 STEP 2 -- In the event that the Police Chief does not resolve the grievance to the satisfaction of the employee at Step 1 of this procedure, the employee shall reduce the grievance to writing and shall state: the section (or sections) of this agreement which is alleged to have been violated; an explanation of the grievance in detail, including dates, actions and such other information necessary to a full investigation of the facts and circumstances giving rise to the grievance; and the remedy sought. The employee shall have the right to be assisted by an authorized Association representative in reducing his or her grievance to writing. The employee shall present the written grievance to the Police Chief within fourteen (14) calendar days of the date the employee met with the Police Chief. The Police Chief will reduce his or her decision on the grievance to writing and shall transmit the decision to the employee with a copy to the Association representative within fourteen (14) calendar days of receiving the written grievance. 16.4 STEP 3 -~ In the event that the Police Chief does not resolve the grievance to the satisfaction of the employee at Step 2 of this procedure, the Association shall, on behalf of the employee, transmit a copy of the original grievance along with a copy of the Police Chief's written response to the Director of Personnel and the Mayor within fourteen (14) calendar days of receipt of the Police Chief's written response. The Human Resources Manager and the Mayor shall consider the grievance and may convene a meeting with the Association representative in an attempt to resolve the grievance. The Human Resources Manager shall reduce his or her decision to writing within fourteen (14) calendar days of receipt of the grievance and transmit the decision to the Association. 16.5 STEP 4 -- In the event that the Human Resources Manager and the Mayor do not resolve the grievance at Step 3 of this procedure, the Association may request arbitration of the issue by written notification to the Human Resources Manager. The Human Resources Manager and the Association shall meet within fourteen (14) calendar days of the date upon which the Human Resources Manager rendered his or her written decision on the grievance Collective Bargaining Agreement - Bremerton Police Management Association 1 3 January 1,2002 through December 31, 2003 and shall select a neutral arbitrator by mutual agreement or through a mutually agreeable process. 16.6 POWERS AND DUTIES OF THE ARBITRATOR -- It shall be the duty of the arbitrator to conduct a hearing on the issue or issues submitted by the parties for decision. The hearing shall be kept informal and private. The arbitrator shall interpret the provisions of this agreement as they apply to the issue or issues submitted for decision and shall not add to, subtract from nor in any way otherwise alter nor recommend the alteration of the terms and conditions of the agreement in deciding the matter. As soon as is practicable after conducting the hearing, the arbitrator shall render a written decision which shall be binding upon the parties. 16.7 COSTS OF ARBITRATION -- The expenses of the neutral arbitrator shall be borne equally by the parties. Each party shall singly bear all costs related to preparing and presenting its own case before the arbitrator, including costs of witnesses. The party desiring a record of the proceedings shall bear the cost of obtaining such record. 16.8 TIME LIMITS -- Time limits established in this procedure shall be strictly adhered to but may be waived by mutual agreement of the Association and the City. All procedures contained herein shall be complied with as expeditiously as practicable. ARTICLE 17 ............ SEVERABILITY 17.1 In the event that any provision of this Agreement is held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enfomement of any Article should be restrained by such tribunal pending a final determination as to its validity, the remaining provisions of this Agreement shall not be held invalid and shall remain in full fome and effect. The Association and the City shall immediately meet and attempt to renegotiate any provision found invalid. ARTICLE 18 ............ ENTIRE AGREEMENT 18.1 The Association and the City acknowledge that each has had the unlimited right and oppommity to make proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exemise of that right are set forth in this Agreement. Therefore, the City and the Association each voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain with respect to any subject or matter not specifically covered by the Articles of this Agreement during the term of this Agreement, except as mutually agreed upon. ARTICLE 19 ............ CONFLICTING PROVISIONS 19.1 In the event that any provision of this Agreement is found to be in conflict with any other Resolution, Ordinance, Policy, Regulation or Rule of the City, the provision of this agreement shall prevail. Collective Bargaining Agreement - Bremerton Police Management Associal~on ----- 1 4 January I, 2002 through December 31, 2003 ARTICLE 20 ............ TERM This Agreement shall become effective January 1, 2002 contingent upon ratification by both parties and shall remain in effect through December 31, 2003 and may be extended thereafter by mutual agreement. The City or the Association may request reopening of this Agreement any time within six (6) months prior to of the expiration date for the purpose of negotiating changes to be effective upon ratification of the agreement by both the City and the Association. ARTICLE 21 .......... SMOKING POLICY 21.1 The provisions of Human Resources Policy 3-50-05, Smoking Policy, will apply to employees represented by Bremerton Police Management Association, with the following exceptions: 21.1.1. Employees may smoke in a City vehicle when they are not transporting any other person(s). 21.1.2 Employees may smoke outside the entrance to the Westside Patrol Office. Article 22 .......... POLICE OFFICERS' BILL OF RIGHTS The wide ranging powers and duties given to the Police Department and its members involve them in all manner of contacts and relationships with the public. Of these contacts come many questions concerning the actions of members of the force. These questions often require immediate investigation by superior officers designated by the Chief of the Bremerton Police Department. In an effort to insure that these investigations are conducted in a manner which is conducive to good order and discipline, the following guidelines are promulgated: 22.1 Internal Investigation Defined - For the purposes of this Appendix, the term "internal investigation" means an investigation by or under the authority of the Chief of Police of activities, circumstances or events pertaining to the conduct or acts of a City law enforcement employee. Such investigation shall be deemed a "criminal investigation" where it is suspected that such conduct or acts are or may be the basis for filing a criminal charge against such employee, and shall be deemed a "major investigation" where it is suspected that such conduct or acts may also or alternatively be the basis for discharge, suspension or other discipline of such employee. 22.2 Employee Advised of Alleged Misconduct - Every employee who becomes the subject of an intemai investigation shall be advised at the time of any interview in connection therewith that, as the case may be, (s)he is suspected of: 22.2.1 Committing a criminal offense. 22.2.2 Misconduct which would be grounds for termination, suspension, or other disciplinary action; or that (s)he may be qualified for continued employment with the Police Department. At the time of the interview such employee shall Collective Bargaining Agreement - Bremerton Police Management Association 15 January 1,2002 through Dec, ember 31, 2003 also be informed of the name of the officer in charge of the investigation and the name of the officer who will be conducting the interview. 22.3 Representation by Counsel - Any employee who becomes the subject of a criminal investigation may have legal counsel present during all interviews of such employee. Such representation by counsel shall be confined to counseling and shall not be authority for any participation by counsel in the investigation. 22.4 Employee to be Informed in Writing-Recorded Interviews - In the case of any major investigation and before any interview commences, the employee to be interviewed shall be informed in writing of the nature of the investigation including information necessary to reasonably appraise him/her of the allegations of any complaint and (s)he shall be afforded an opportunity and facilities to contact and consult privately with an attorney of his/her own choosing before being interviewed. Such employee may request that the interview be recorded, either mechanically or by a stenographer, and no questions shall be asked "off the record". Upon request, the employee under investigation shall be provided an exact copy of any written statement (s)he has signed and a verbatim transcript of any interview of such employee. 22.5 Interviewing Procedures - Interviews shall be held at a reasonable hour and preferably when the employee to be interviewed is on duty unless the exigencies of the interview indicate otherwise. Whenever possible, interviews shall be scheduled during the normal work day of the City. Interviewing shall be completed within a reasonable time and shall be accomplished under circumstances devoid of intimation or coercion. The employee being interviewed shall be entitled to such intermissions as (s)he shall request for personal necessities, meals, telephone calls, and rest periods. All interviewing shall be limited to the conduct or acts of the employee under investigation which form or may form the basis for disciplinary action, termination of employment or the filing of a criminal charge. 22.6 Intimidation of Employee Prohibited - No employee under investigation shall, as a guise for obtaining such employee's resignation, be falsely threatened with dismissal or other disciplinary action should (s)he refuse to resign, nor shall (s)he be subjected to abusive language or in any other manner intimated or offered promises or reward as an inducement to answer questions. ARTICLE 23 .......... MANAGEMENT CERTIFICATIONS Employees who currently hold or who obtain management certifications through the Washington State Criminal Justice Training Commission will receive additional compensation for each certification as listed below: Middle Management Certification One Percent (1%) Executive Certification One Percent (1%) Collective Bargaining Ag~ement Bremerton Police Management Association 16 January 1,2002 through December 31, 2003 (Maximum additional compensation is capped at two percent (2%) 23.2 Effective July 1, 2002, employees who currently hold or who obtain management certifications through the Washington State Criminal Justice Training Commission will receive additional compensation for each certification as listed below: Middle Management Certification One Percent (1%) Executive Certification One and one-half Percent (1.5 %) (Maximum additional compensation is capped at two percent (2.5 %) 23.3 Effective July 1, 2003, employees who currently hold or who obtain management certifications through the Washington State Criminal Justice Training Commission will receive additional compensation for each certification as listed below: Middle Management Certification One Percent (1%) Executive Certification Two Percent (2 %) (Maximum additional compensation is capped at three percent (3 %) 23.4 Sections 23.1, 23.2 and 23.3 do not apply to LEOFF I employees with 21 or more years with the City. This agreement is hereby submitted to the Bremerton City Council for approval. Upon the approval of the Council, this agreement shall become binding upon the City, the Association and all of the employees in the bargaining unit covered by this agreement. APPROVED by the Bremerton City Council on the 26th day of December, 2001. Signed this ~ day of~ CITY OF BREMERTON: BREMERTON/~LICE M..~AGEMENT ASSOCIAT : Car~_Q.o. nley, Human Resources/D~rector Ca_p_t~n ~raig,~o~e~, l~resident R '°~q/l<~ ~ Captain Ron M ox, Vice-President Honorable Cary Bozeman, Mayor // Collective Bargaining Agreement - Bremerton Police Management Association =~ 17 January I, 2002 through l)ecember 31,2003 ATTEST: Paul~"Jo-hns~t~feputy City Clerk APPROVED AS TO FORM: · Ja~v~:,~o~a~n~a City Attorney Collective Bargaining Agreement - Bremerton Police Management Association .... 1 8 January 1,2002 through December 31, 2003 POLICE MANAGEMENT LEOFF I 2002 APPENDIX A LIEUTENANTS ~ STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 RA S FIt=CT 3.5% COLA BASE ANNUAL 68,151.84 69,642.72 71,160.24 72,897.36 74,172.~ MONTHLY 5,679.32 8,803.56 5,930.02 6,049.78 6,181.4 SEMI-MONTHLY 2,839.66 2,901.78 2,965.01 3,024.89 3,090.4 HOURLY 32.64 33.35 34.08 34.77 35.~ MAX. DEF. COMp. 3% 85.19 87.05 88.95 90.75 92.72 2% COMMENCING 11 THROUGH 16 YEARS CONTINUOUS EMPLOYMENT ^,.UAL 69,814.80 71.035.68 72.683.44 74.649.36 MONTHLY 5,792.90 5,919.64 6,648.62 6,170.78 6,364.~ SEMI-MONTHLY 2,896.45 2,959.82 3,024.31 3,085.39 3,152.3~ HOURLY 33.29 34.02 34.76 35.46 3% COMMENCING 16 THROUGH 20 YEARS CONTINUOUS EMPLOYMENT ANNUAL 70,196,40 71,731.92 73,295.04 74,775.36 MONTHLy 5,849.70 5,977.66 6,t07.92 6,231.28 SEMI-MONTHLY 2,924.85 2,988.83 3,053.96 3,115.64 ~' HOURLY 33.62 34.35 35.10 38.81 10,25% COMMENCING 21 THROUGH 20 YEARS CONTINUOUS EMPLOYMENT ANNUAL 75,137.52 76,781.64 78,454,08 80,038.56 MONTHLY 6,261.46 6,398.42 6,537.84 6,669,88 :; 6 814~ SEMI*MONTHLY 3,130.73 3,199.21 3,268.92 3,334.94 HOURLY 35.99 36.77 37.57 38.33 39, 11.60% CO~JlMENCING 26 YEARS AND OVER CONTINUOUS EMPLOYMENT ANNUAL 75,989.28 77,651.52 79,343.76 80,646.00 ii:-' 82i702, ~1~ MONTHLY 6,332.44 6,470.96 6,611.98 6,745.50 :~i ,!;; HOURLY 36.39 37.19 38.00 38.77 10.75% COMMENCIN(~ ~1 THROUGH 25 YEARS CONTINUOUS EMPLOYMENT ANNUAL 75,478.08 77,129.28 78,810.00 80,401.68 82 146~ MONTHLY 6,289.84 6,427.44 6,567.50 6,700.14 HOURLY 36.15 36.94 37.74 38.51 ; ; 39.~ 12.0% COI~ENClNG 26 YEARS AND OVER CONTINUOUS EMPLOYMENT ANNUAL 76,330.08 77,999.76 79,699.44 81,309.12 .;i 83~0~3~ SE , ONT.Ly 3,180.42 3,249.99 3.320.81 31387.88 HOURLY 36.56 37.36 38.17 38.94 POLICE MANAGEMENT LEOFF 12002 APPENDIX A CAPTAINS EFF. 0110112(~2 ~ ~ ~ 1 STEP 2 STEP 3. STEP 4 STEP 5 TE R FL CT 3.5 , COLA SASE ANNUAL 77,011.44 78,696.24 80,411.04 82,035.12 83,815.~ MONTHLY 6,417.62 6,558.02 6,700.92 6,836.26 6,984.4 SEMi-MONTHLY 3,208.81 3,279.01 3,350.46 3,418.13 3,492.3~ HOURLY 36.88 37.69 38.51 39.29 MAX. DEF. COMP. 3% 96.26 98.37 100.51 102.54 104.77 2% COMMENCING 1t TNROUGH 15 YEARS CONTINUOUS EMPLOYMENT ANNUAL 78,551.76 80,270.16 82,0t9.28 83,675.76 85,491.~ MONTHLY 6,545.98 6,689.18 6,834.94 6,972.98 7,1249 HOURLY 37.62 38.44 39.28 40.07 ~ 40.1~ 3% COMMENCING 16 THROUGH 20 YEARS CONTINUOUS EMPLOYMENT ANNUAL 79,321.68 81,057.12 82,823.28 84,496.08 86,329.~ MONTHLY 6,610.14 6,754.76 6,901.94 7,041.34 i 7,! 94,,i~ SEMI-MONTHLY 3,305.07 3,377.38 3,450.97 3,520.67 3597 HOURLY 37.99 38.82 39.67 40.47 10.28% COMMENCING 21 THROUGH 28 YEARS CONTINUOUS EI~PLOYMENT ANNUAL 84,905.04 86,762.64 88,653.12 90,443,76 MONTHLy 7,075.42 7,230.22 7,387.76 7,536.98 SEMI-MONTHLY 3,537.7t 3,615.11 3,693.88 HOURLY 40.66 4155 42.46 43.32 : 11.50% COMMENCING 26 YEARS AHD OVER CONTINUOUS EMPLOYMENT ANNUAL 85,867.68 87,746.40 89,658.24 91,469.04 MONTH LY 7,155.64 7,312.20 7,471.52 7,622.42 SEMI-MONTHLY 3,577.82 3,656.10 3,735.76 3,811.21 HOURLY 41.12 42.02 42.94 43.81 10.75'/. COMMENCING 2t THROUGH 25 YEARS CONTINUOUS EMPLOYMENT ANNUAL 85,290.24 87,156.00 89,055.12 90,853.92 MONTHLY 7,107.52 7,263.00 7,421.26 7,571.16 SEMI-MONTHLY 3,553.76 3,631.50 3,710.63 3,785.58 HOURLY 40.85 41.74 42.65 43.51 t2.6% COMMENCING 26 YEARS AND OVER CONTINUOUS EMPLOYMENT ANNUAL 86,252.88 88,139.76 90,060.48 91,879.44 93 873.~ MONTHLY 7,167.74 7, .98 7,S .82 SEMI-MONTHLY 3,593.87 3,672.49 3,752.52 3,828.31 3;911.3~ HOURLY 41.31 42.21 43.13 44.00 POLICE MANAGEMENT LEOFF II 2002 APPENDIX A LIEUTENANTS EFF. 01/0112002 STEP 1 ~TEP 2 STEP 3 STEP 4 STEP 5 RAT S FLECT 3.5% COLA ~ASE ANNUAL 68,151.84 69,642.72 71,160.24 72,597.36 MONTHLY 5,679.32 5,803.56 5,930.02 6,049,78 S SEMi-MONTHLY 2,839.66 2,901.78 2,965.01 3,024.89 HOURLY 32.64 33.35 34.08 34.77 MAX. DEF. COMP. 3% 85.19 87.05 88.95 90.75 92.72 2% COMMENCING 11 THROUGH 18 YEARS CONTINUOUS EMPLOYMENT ANNUAL 69,514.80 71,035.68 72,583.44 74,049.36 MONTHLY 5,792.90 5,919.64 6,048.62 6,170.78 SEMI'MONTHLY 2,896.45 2,959.82 3,024.31 3,085.39 HOURLY 33.29 34.02 34.76 35.46 3% COMMENCING 16 THROUGH 20 YEARS CONTINUOUS EMPLOYMI~NT ANNUAL 70,196.40 71,731.92 73,295.04 74,775.36 MONTHLy 5,849.70 5,077.66 6,107.92 6,231.28 SEMI-MONTHLY 2,924.85 2,988.83 3,053.96 3,115.64 HOURLY 33.62 34.35 35.10 35.81 7.76% CO~MENCING 21 THROUGH 28 YEARS CONTINUOUS EMPLOYMENT ANNUAL 73,433.52 75,040.08 76,675.20 78,223.68 ~~ MONTHLY 6,119.46 6,253.34 6,386.60 6,518.64 SEMI-MONTHLY 3,059.73 3,126,67 3,194.80 3,259.32 HOURLY 35.17 35.94 36.72 37.46 ~1.0% COMMENCING 26 YEARS AND OVER CONTINUOUS EMPLOYMENT ANNUAL 74,285.52 75,910.56 77,564.64 79,131.12 ~ MONTHLy 6,190.46 6,325.88 6,463.72 6,594.26 SEMI-MONTHLY 3,095.23 3,162.94 3,231.86 3,297.13 HOURLY 35.58 36.36 37.15 37.90 h:~02bud\Official Police Management 2002 Appendix A.xls POL MGT LI12002 12/10101 2:31 PM POLICE MANAGEMENT LEOFF II 2002 APPENDIX A CAPTAINS EFF, 01101/2002 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 RATES REFLECT 3.5° CO ANNUAL 77,011.44 78,696.24 80,411.04 82,035.12i:~: MONTHLY 6,417.62 6,55802 6,700.92 6,836.26' ~-~ SEMi-MONTHLY 3,208,81 3,279.01 3,350.46 3,418.13 ~.~ HOURLY 36.88 37.69 38.51 39.29 MAX. DEF. COMP. 3% 96.26 98.37 100.51 102,54 104.77 2% COMMENCING 11 THROU(~H 18 YEARS CONTINUOUS EMPLOYMENT ANNUAL 78.551.76 80,270.16 82,019.28 83.675.76~~ ~"~ MONTHLY 6,545.98 6,689.18 6,834.94 6,972.98 SEMI-MONTHLY 3,272.99 3,344.59 3,417A7 3,486.49 HOURLY 37,62 38.44 39.28 40.07 3% COMMENCING 16 THROUGH 20 YEARS CONTINUOUS EMPLOYMENT ANNUAL 79,321.68 81.057.12 82,823.28 84,496.08 ~ MONTHLY 6,610.14 6,754.76 6,901.94 7,041.34 SEMI-MONTHLY 3,305.07 3,377.38 3,450.97 3,520.67 HOURLY 37.99 38.82 39.67 40.47 7.76% COMMENCING 21 THROUGH 26 YEARS CONTINUOUS EMPLOYMENT ANNUAL 82,979.76 ~4,795.12 86,642.88 88,392.96 ~~ MONTHLY 6,914.98 7,066.26 7,220.24 7,366.08 SEMI-MONTHLY 3,457.49 3,533.13 3,610.12 3,683.04 HOURLY 39.74 40.61 41.50 42.33 9,0% COMMENCING 26 YEARS AND OVER CONTINUOUS EMPLOYMENT ANNUAL 83,942.40 85,778.88 E7,648.00 89,418.24 ~~ MONTHLY 6.995.20 7,148.24 7,304.00 7,451.52 SEMI-MONTHLY 3,497.60 3.574.12 3,652.00 3,725.76 HOURLY 40.20 41.08 41.98 42.82 h:\02bud\Official Police Management 2002 Appendix A.xls POL MGT LI12002 12110101 2:31 PM POLICE MANAGEMENT LEOFF I 2003 APPENDIX A LIEUTENANTS EFF. 01101120~3 STEP 1 STEP 2 STEP 3 STEP 4 STEP RATES REFLECT 3.6° COLA BASE ANNUAL 70,537.20 72,080.16 73,650.96 75,138.24 76,769.4 MONTHLY 5,878.10 6,006.68 6,137.58 6,261.52 6,397.4 HOURLYSEMI-MONTHLY 2,939.05 3,003.34 3,068.79 3,130.76 3 33.78 34.52 35.27 35.99 36. MAX. DEF. COMP. 4% t17.56 120.13 122.75 125.23 127.95 2% COMMENCING tl THROUGH 15 YEARS CONTINUOU~ EMPLOYMENT A..UAL 71, 7.92 73,521.. 75,12,,.08 76, 1.12 MONTHLY 5,995.66 6,126.82 6,260.34 6,386.76 : 6.525. SEMI-MONTHLY 2,997.83 3,063.41 3,130.17 3,193.38 HOURLY 34.46 35.21 35.98 36.71 37,4 3% COMMENCING 16 THROUGH 20 YEARS CONTINUOUS EMPLOYMENT ANNUAL 72,653.28 74,242.56 75,860.40 77,392.32 : 7907214 SEMI-MONTHLY 3,027.22 3,093.44 3,160.85 3,224.68 3,294~ HOURLY 34.80 35.56 36.33 37.07 , 37.8~ 11.75 CO~ENClNG 21 THROUGH 29 YEARS CONTINUOUS EMPLOYMENT ANNUAL 78,825.36 80,549.52 82,304.88 83,966.88 MONTHLY 6,568.78 6,712.46 6,858.74 6,997.24 SEMI-MONTHLY 3,284.39 3,356.23 3,429.37 3,498.62 HOURLY 37.75 38.58 39.42 40.21 13.0% COMMENCING 26 YEARS AND OVER CONTINUOUS EMPLOYMENT ANNUAL 79,707.12 81,450.48 83,225.52 84,906.24 MONTHLY 6,642.26 6,787.54 6,935.46 7,075.52 SEMI-MONTHLY 3,321.13 3,393.77 3,467.73 3,537.76 HOURLY 38.17 39.01 39.86 40.66 EFF 7/0112003 12.26% COMMENCING 21 THROUGH 25 YEARS CONTINUOUS EMPLOYMENT ANNUAL 79,177.92 80,910.00 82,673.28 84 342.72 MONTHLY 6,598.16 6.742,50 6,889.44 7,028.56 HOURLY 37.92 38.75 39.69 40.39 ' 41;2~ 13.6% COMMENCING 26 YEARS AND OVER CONTIHUOUS EMPLOYMENT ANNUAL 80,059.68 81,810,96 83,593.92 85,281.84 87.!3Z~ MONTHLY 6,571.64 6,617.58 5,996.16 ?,106.92 726!:t SEMI-MONTHLY 3,335.62 3,408.79 3,483.08 3,653.41 13 HOURLY 38,34 39.18 40.04 40.84, POLICE MANAGEMENT LEOFF I 2003 APPENDIX A CAPTAINS EFF. 01101/2003 STEP I .STEP 2 STEP 3 STEP 4 STEP 5 TESR FL CT 3.5 CO BASE ANNUAL 79,706.88 81,450.72 83,225.52 84,906.24 86,748.4 MONTHLY 6,642.24 6,787.56 6,935.46 7,075.52 7~29.~ SEMI~vlONTHLY 3,321.12 3,393.78 3,467.73 3,537.76 3,614.2 HOURLY 38.17 39.01 39.86 40.66 41 MAX. DEF. COMP. 4% 132.84 135.75 138.71 141.51 144.58 2% COMMENCING 11 THROU(~H 15 YEARS CONTINUOUS EMPI. OYM~NT ANNUAL 81,300.96 83,079.64 84,889.92 86,604.48 88,483.~ MONTHLY 6,775.08 6,923.32 7,074.16 7,217.04 SEMI'MONTHLY 3,387.54 3,461.66 3,537.08 3,608.52 3,6864 HOURLY 38.94 39.79 40.66 41.48 42.3~ 3% COMMENCING 16 THROUGH 20 YEARS CONTINUOUS EMPLOYMENT ANNUAL 82,098.00 83,894.16 85,722.24 87,453.36 89,35i.~ MONTHLY 6,841.50 6,991.18 7,143,52 7,287,78 7,445.7 SEMI-MONTHLY 3,420.75 3,495.59 3,571.76 3,643.89 3~722~ HOURLY 39.32 40.18 41.05 41.88 42.7~ 11.78 COMMENCING 21 THROUGH 25 YEARS CONTINUOUS EMPLOYMENT 8~078~ SEMI~VIONTHLY 3,711.35 3,792.55 3,875. t9 3,953.45 , HOURLY 42.66 43.59 44.54 45.44 ·, 46.4~ 13.0% COMMENCING 26 YEARS AND OVER CONTINUOUS EMPLOYMENT MONTHLY 7,505.74 7,669,94 7,837.06 7,995.34 8,1~ SEMI-MONTHLY 3,752.87 3,834.97 3,918.53 3,997.67 : 4,084~ HOURLY 43.14 44.08 45.04 45.95 EFF. 07101/20~3 12.26% COMMENCING 21 THROUGH 25 YEARS CONTINUOUS EMPLOYMENT ANNUAL 89,471.04 91,428.48 93,420.72 95,307.36 MONTHLY 7,455.92 7,619.04 7,785.o6 7,942.28 SEMI-MONTHLY 3,727.96 3,809.52 3,892.53 3,971.14 HOURLY 42.85 43.79 44.74 45.65 13.5% COMMENCING 26 YEARS AND OVER CONTINUOUS EMPLOYMENT ANNUAL 90,467.28 92,446.56 94,460.88 96,368.64 : 98,460.4 MONTHLY 7,538.94 7,703.98 7,871.74 6,030.72 SEMI-MONTHLY 3,769.47 3,851.94 3,935.87 4,015.36 : 4, i02.~ HOURLY 43.33 44.28 45.24 46.15: 47,1~ POLICE MANAGEMENT LEOFF 6 2003 APPENDIX A LIEUTENANTS EFF. 01101/21~ STEP I STEP 2 STEP 3 STEP 4 STEP $ 11; R FLECT 3. COLA BASE ANNUAL 70,537.20 72,080.16 73.650.96 75,138.24 MONTHLY 5,878.10 6,006.68 6,137.58 6,261.52 SEMI-MONTHLY 2,939.05 3,003.34 3,068.79 3,130.76 HOURLY 33.78 34.52 35.27 35.99 MAX. DEF. COMP. 4% 117.56 120.13 122.75 125.23 127.95 2% COMMENCING 11 THROUGH 18 YEARS CONTINUOUS EMPLOYMENT ANNUAL 71,947.92 73,521.84 75,124.08 76,641.12 ~~ MONTHLY 5,995.66 6,126.$2 6,260.34 6,386,76 SEMI-MONTHLY 2,997.83 3,063.41 3,130.17 3,193.38 HOURLY 34.46 35.21 35.98 36.71 3% CONIM~NC~IG t6 THROUGH 20 YEARS CONTINUOUS EMPLOYMENT ANNUAL 72,653.28 74,242.56 75,860.40 77,392.32 ~ MONTHLY 6,054.44 6,186.88 6,321.70 6,449.36 SEMI-MONTHLY 3.027.22 3,093.44 3,160.85 3,224.68 HOURLY 34.80 35.56 36.33 37.07 7.7S CONI~ENCING 21 THROUGH 26 YEARS CONTINUOUS EMPLOYMI~NT ANNUAL 76,003.92 77,666.40 79,358.88 80,961.36 ~ MONTHLY 6,333.66 6,472.20 6,613.24 6.746.78 SEMI-MONTHLY 3,166.83 3,236.10 3,306.62 3,373.39 HOURLY 36.40 37.20 38.01 38.77 8% CO~Mr=NCING 26 YEARS AND OVER CONTINUOUS EMPLOYMENT ANNUAL 76~885.44 78,567.36 80,279.52 81,900.72 ~ MONTHLY 6,407.12 6,547.28 6,689.96 6,825.06 SEMI-MONTHLY 3,203.56 3,273.64 3,344.98 3.412.53 HOURLY 36.82 37.63 38.45 39~22 h:~02bud~Official Police Management 2002 Appendix A.xls POL MGT LII 2003 12/10/01 2:31 PM POLICE MANAGEMENT LEOFF II 2003 APPENDIX A CAPTAINS EFF. 01/01/2003 STEP 1 STEP 2 STEP 3 STEP 4 STEP 8 RATES REFLECT 3.E COLA BASE ANNUAL 79,706.88 81,450.72 83,225.52 84,906.24~~i~,.i~ :~i~ MONTHLY 6,642.24 6,787.56 6,935.46 7,075.52 ~~ SEMI-MONTHLY 3,321.12 3.393.78 3,467.73 3,537.76 HOURLY 38.17 39.01 39.86 40.66 MAX. DEF. COMP. 4% 132.84 135.75 138.71 141.51 144.58 2% COMMENCING 11 THROUGH 15 YEARS CONTINUOUS E~PLOYMENT ANNUAL 81,300.96 83,079.84 84,889.92 86,604.48 MONTHLY 6,775.08 6,923.32 7,074.16 7,217.04 SEMI-MONTHLY 3,387.54 3,461.66 3,537.08 3,608.52 HOURLY 38.94 39.79 40.66 41.48 3% COMMENCING 16 THROUGH 20 YEARS CONTINUOUS F~IPLOyMENT ANNUAL 82,098.00 83,894.16 85,722.24 87,453.36 ~ MONTHLY 6,841.50 6,991.18 7,143.52 7,287.78 SEMI-MONTHLY 3,420.75 3,495.59 3,571.76 3,643.89 HOURLY 39.32 40.18 41.05 41.88 7.76 COMMENCING 21 THROUGH 25 YEARS CONTINUOUS EMPLOYMENT ANNUAL 85,884.24 87,763.20 89,675.52 91,486.56 ~ MONTHLY 7,157.02 7,313.60 7,472.96 7,623.88 SEMI-MONTHLY 3,578.51 3,656.80 3,736.48 3,811.94 HOURLY 41.13 42.03 42.95 43.82 9% COMMENCING 26 YEARS AND OVER CONTINUOUS EMPLOYMENT ANNUAL 86.880.48 88.781.28 90,715.92 92,547.84 ~ MONTHLY 7,240.04 7,398.44 7.559.66 7,712.32 SEMI-MONTHLY 3,620.02 3,699.22 3,779.83 3,856.16 HOURLY 41.61 42.52 43.45 44.32 h:~02bud~Official Police Management 2002 Appendix A.xls POL MGT LII 2003 12/10101 2:31 PM LETTER OF UNDERSTANDING This letter of understanding is agreed to pursuant to Article 18 of the Collective Bargaining Agreement by and between the City of Bremerton and the Police Management Association. Article 4, Sections 4.2.1, 4.2.2, 4.2.3 and 4.2.4 are hereby amended as follows: 4.2.1 Effective January 1, 2002 for LEOFF I employees only: Commencing 21 through 25 years continuous employment 10.25% Commencing 26 years and over continuous employment 11.5% 4.2.2 Effective July 1, 2002 for LEOFF I employees only: Commencing 21 through 25 years continuous employment 10.75% Commencing 26 years and over continuous employment 12% 4.2.3 Effective January 1, 2003 for LEOFF I employees only: Commencing 21 through 25 years continuous employment 11.75% Commencing 26 years and over continuous employment 13% 4.2.4 Effective July 1, 2003 for LEOFF I employees only: Commencing 21 through 25 years continuous employment 12.25% Commencing 26 years and over continuous employment 13.5% The propose of this amendment is to clarify the intent of the parties during negotiations. The original two per cent (2%) Certification pay was treated as special pay in the previous contract, and we failed to take that into consideration when the percentages were listed in the contract. The remaining provisions of this Agreement shall remain in full force and effect. Dated this 9th day of January 2002. FOR THE CITY OF BREMERTON FOR THE POLICE MANAGEMENT ASSOCIATION ~ CAROL S. 'CONLEY ~.3 CRAIG ~?~OGE~ Director of Human Resources President, PMA COLLECTIVE BARGAINING AGREEMENT Between CITY OF BREMERTON and BREMERTON POLICE MANAGEMENT ASSOCIATION OF January 1, 2000 - December 31, 2001 TABLE OF CONTENTS TO THE LABOR AGREEMENT BY AND BETWEEN CITY OF BREMERTON BREMERTON POLICE MANAGEMENT ASSOCIATION JANUARY 1, 2000 - DECEMBER 31, 2001 ARTICLE TITLE PAGE PREAMBLE ............................................................................................................................................... 1 ARTICLE 1 DISCRIMINATION ALLEGATIONS ............................................................... 1 ARTICLE 2 RECOGNITION ................................................................................................. 1 ARTICLE 3 ASSOCIATION ACCESS .................................................................................. 1 ARTICLE 4 SALARIES .......................................................................................................... 1 ARTICLE 5 HOURS OF WORK ............................................................................................ 3 ARTICLE 6 VACATION LEAVE .......................................................................................... 4 ARTICLE 7 HOLIDAYS ........................................................................................................ 5 ARTICLE 8 SICK LEAVE AND INDUSTRIAL DISABILITY ............................................ 5 ARTICLE 9 OTHER PAID LEAVE ....................................................................................... 8 ARTICLE 10 RETIKEMENT BENEFITS ................................................................................ 8 ARTICLE 11 INSURANCE BENEFITS .................................................................................. 8 ARTICLE 12 CLOTHING AND UNIFORM CLEANING ALLOWANCE ............................ 9 ARTICLE 13 PERSONNEL PRACTICES ............................................................................... 10 ARTICLE 14 TUITION REIMBURSEMENT PROGRAM ..................................................... 11 ARTICLE 15 MANAGEMENT RIGHTS ................................................................................ 12 ARTICLE 16 GRIEVANCE PROCEDURE ............................................................................. 12 ARTICLE 17 SEVERABILITY ................................................................................................ 14 ARTICLE 18 ENTIRE AGREEMENT ..................................................................................... 14 ARTICLE 19 CONFLICTING PROVISIONS .......................................................................... 14 ARTICLE 20 TERM .................................................................................................................. 14 ARTICLE 21 SMOKING POLICY ........................................................................................... 14 ARTICLE 22 POLICE OFFICERS' BILL OF RIGHTS (Formerly Appendix "B") ................ 15 ARTICLE 23 MANAGEMENT CERTIFICATIONS (New Article) ....................................... 16 APPENDIX A ............................................................................................................................................ 18 LABOR AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON AND BREMERTON POLICE MANAGEMENT ASSOCIATION JANUARY 1, 2000 THROUGH DECEMBER 31, 2001 PREAMIILE This Agreement is made and entered into pursuant to the provisions of RCW Chapter 41.56 by and between the City of Bremerton, a municipal corporation of the State of Washington, hereinafter known as the "City", and the Bremerton Police Management Association hereinafter known as the "Association" for the purpose of setting forth the wages, hours and other terms and conditions of employment which shall be in effect during the term of this agreement for employees included in the bargaining unit described in Article 2 below. ARTICLE I ............. DISCRIMINATION ALLEGATIONS 1.1 An employee who believes that he or she has been the subject of unlawful discrimination on the basis of political affiliation, age, sex, marital status, race, creed, color, religion, national origin or activity protected by RCW 41.56 shall seek relief through the City's Equal Employment Opportunity Complaint Procedure or the appropriate state or federal agency charged with investigating such matters and shall not process such complaints through the Grievance Procedure of this Agreement. ARTICLE 2 ............. RECOGNITION 2.1 The City recognizes the Association as the sole and exclusive bargaining representative for the purpose of negotiations concerning wages, hours and conditions of employment for all employees in classifications set forth in Appendix A and such classifications as may be added to the bargaining unit during the term of this Agreement. ARTICLE 3 .............ASSOCIATION ACCESS 3.1 Association business such as handling grievances and other legitimate routine matters may be conducted on Police Department premises provided that such business does not interfere with Police Department operations and is authorized by the Police Chief. ARTICLE 4 ............ SALARIES 4.1 MONTHLY SALARY RATES -- Monthly salary rates shall be paid as set forth in Appendix A which is attached hereto and made a part hereof. Appendix A will be changed as necessary to reflect the following: Collective Bargaining Agreement- Bremerton Police Management Association January I, 2000 through I~¢~mbex 31, 2001 4.1.1 The salary rates for Pohce Lieutenant and Police Captain will be set so as to maintain the following differentials. 4.1.2 The Police Lieutenant top base salary step will be not less than15% above the top step Police Sergeant base wage rate. 4.1.3 The Police Captain top base salary step will be not less than 13% above the top step Police Lieutenant base salary rate. 4.1.4 Effective January 1, 2000, employees will receive a three percent (3%) across-the- board cost of living adjustment (COLA). 4.1.5 Effective July 1, 2000, employees will receive a one-half percent (.5%) across-the board COLA. 4.1.6 Effective January 1, 2001, the rates of pay as set forth in the July 1, 2000 wage table of Appendix "A" shall be increased by a general wage increase of ninety percent (90%) of that percentage increase set forth in the Urban Wage Earners and Clerical Workers Index (CPI-W) for the Seattle-Tacoma area for that period from June 30, 1999 to June 30, 2000 as is supplied by the Bureau of Labor Statistics, US Department of Labor. The COLA percentage shall not be less than two percent (2%), nor shall it exceed four percent (4%). 4.2 LONGEVITY PAY: Longevity pay, which is a rate of pay based on the length of completed continuous service with the City, shall be calculated on the individual employee's base salary rate and shall be paid as follows: Effective January 1, 2000: Length of Continuous Service Rate Per Hour 0 through 10 years continuous employment 0% Commencing 11 through 15 years continuous employment 2% Commencing 16 through 20 years continuous employment 3% Commencing 21 through 25 years continuous employment 7.25% Commencing 26 years and over continuous employment 8.25% Effective January 1, 2001: Length of Continuous Service Rate Per Hour 0 through 10 years continuous employment 0% Commencing 11 through 15 years continuous employment 2% Commencing 16 through 20 years continuous employment 3% Commencing 21 through 25 years continuous employment 7.75% Commencing 26 years and over continuous employment 9.00% = 2 Collective Bargaining Agreement - Bremerton Police Management Association January 1, 2000 through December 31, 2001 4.3 SALARY RATE WHEN PROMOTED TO A HIGHER CLASSIFICATION -- An employee promoted to a higher classification will receive at least the entry step of the new salary rate or a step at least five percent (5%) higher, whichever is greater. However, no employee may be advanced beyond the final step of the new salary rate. 4.3.1 The employee's advance to the next step of thc new salary rate will be based on the effective date of the new salary rate. 4.4 STEP ADVANCEMENT -- Advancement from Step to Step will occur upon the positive recommendation of the Police Chief and a~er completion of twelve (12) continuous months of service in each step, based upon satisfactory attainment of established performance standards, and overall satisfactory performance. Step increases may be withheld for a maximum of six (6) months. In the event an employee is on approved leave of absence without pay, the employee's next wage rate advancement date will be extended by the actual number of days the employee was absent on such leave. The denial of a step increase is subject to the grievance procedure. 4.5 TEMPORARY/PROVISIONAL ASSIGNMENT TO HIGHER LEVEL POSITION -- Thc Police Chief or, in the absence of the Chief, the Mayor may provide a written directive to an employee to perform all or a part of the duties and accept all or a part of the responsibilities of a higher 1¢v¢1 classification, The employee so directed shall have his or her salary rate adjusted for the duration of thc assignment as if he or she had been promoted to thc higher classification provided, however, that such adjustment shall be no less than 5%. Other benefits provided such an employee through the provisions of this agreement shall not be affected and no benefits of the higher level classification shall apply to the employee during the assignment. This provision shall not apply in situations when thc Police Chief designates an employee to serve in an "Acting" capacity during the absence of the Chief for vacations, while attending conferences, and other such usual and customary absences. 4.6 DEFERRED COMPENSATION - The City will match the payroll deduction of any written request by an employee with less than twenty-one years service with the City in an amount not to exceed two-percent 2% of the employee's base monthly salary rate. Effective January 1, 2001, the City's match will be in an amount not to exceed two and one/half percent (2.5%) of the employee's base monthly salary. This section does not apply to employees with 21 or more years with the City. ARTICLE 5 ............. HOURS OF WORK 5.1 Employees shall work such hours as are assigned by the Police Chief which shall be at least forty (40) hours per week, including paid holiday, vacation and sick leave time. In addition, employees shall serve on emergency standby status during such periods as are assigned by the Police Chief and are subject to emergency callback at any time. Employees covered by ~ 3 Collective Bargmning Agreement- Bremerton Police Management Association JanuaD· 1, 2000 through l~cember 31, 2001 this agreement are salaried and exempt from the overtime provisions of the Fair Labor Standards Act. ARTICLE 6 ............. VACATION LEAVE 6.1 VACATION ACCRUAL -- Employees shall accrue vacation time with pay for all regularly scheduled work time including paid leave time pursuant to the following schedule: PERIOD OF CONTINUOUS FULL TIME EMPLOYMENT Date of Hire through Hours Accrued/Year 5 years 104 Hours 6th year 120 Hours 7th year 128 Hours 8th year 136 Hours 9th year 144 Hours 10th year 152 Hours 1 lth year 160 Hours 12th year 168 Hours 13th year 176 Hours 14th year 184 Hours 15th year 192 Hours 16th year 200 Hours 17th year and thereafter 208 Hours 6.2 VACATION ELIGIBILITY -- An employee becomes eligible to take accrued vacation time upon completion of six (6) months of continuous employment. Vacation time must be fully accrued prior to the time an employee takes any vacation time off. 6.3 VACATION SCHEDULING -- Annual vacation leave shall be authorized by the Police Chief or the Chiefs designee. Personnel shall schedule vacation leave by mutual agreement of the employee and the Police Chief or the Chiefs designee. 6.4 MAXIMUM VACATION ACCRUAL -- The maximum number of vacation accrual hours that any employee shall be allowed to carry forward from one calendar year to the next is as follows: Years of Continuous Emolovment Maximum Balance 0 through Five (5) years 160 hours More than Five (5) years 240 hours In the event an employee has been prohibited from taking sufficient vacation time to reduce his or her vacation balance to the maximum allowable carryover at the end of a calendar year, the excess hours shall be paid out in cash at the employee's straight time hourly rate Collective Bal'~aining Agreement- Bremerton Police Management Association January 1, 2000 through December 31, 2001 unless the Mayor approves an extension of the time period beyond the end of the calendar year during which the employee must take all vacation hours which exceed the maximum allowable carryover. An employee who fails to request scheduled vacation time during the year and whose accrued vacation hours exceed the maximum carry over balance at the end of the calendar year shall forfeit such excess vacation hours. (Amendment per LOU dated March 10, 1998). 6.5 VACATION PAY-OUT -- Upon the retirement or termination of an employee who has served six (6) continuous full months of employment or more, or upon the date of an employee's disability retirement, the accrued vacation hours of such an employee will be paid to the employee in a cash lump sum payment. ARTICLE 7 ............. HOLIDAYS 7.1 HOLIDAYS OBSERVED -- The following holidays shall be observed by the City: New Year's Day Labor Day Martin Luther King's Birthday Veteran's Day President's Day Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas In addition, any other holiday legally proclaimed by the Federal or State government, provided that the City takes official action to have such holiday also observed by the City. 7.2 FLOATING HOLIDAY- Each employee shall be allowed one additional holiday to be observed by the employee on a day mutually agreeable to the employee and the Police Chief. 7.3 ALTERNATIVE DAYS OF HOLIDAY OBSERVATION -- If a holiday observed by the City falls on a Saturday, the holiday will be observed on the preceding Friday. If a holiday falls on a Sunday, the holiday will be observed on the following Monday. If the day a holiday is observed by the City falls on an employee's regularly scheduled day off, the employee shall receive an alternate day as a paid holiday. 7.4 HOLIDAY COMPENSATION -- An employee shall receive eight (8) hours of time off with pay for each holiday observed by the City and for a floating holiday of each employee's choice. ARTICLE 8 ............. SICK LEAVE AND INDUSTRIAL DISABILITY 8.1 SICK LEAVE ACCRUAL -- Employees shall accrue sick leave time with pay at the rate of.046154 hours for all normal hours of work including paid leave. 8.2 MAXIMUM SICK LEAVE ACCRUAL -- Employees shall be able to accrue sick leave to a maximum of one thousand (1000) hours. 5 Collective Bargmning Agreement- Bremerton Police Management Association January 1, 2000 through December 31,2001 8.3 SICK LEAVE INCENTIVE -- An employee who has more than five (5) years of continuous full time paid employment with the City and who takes thirty-two (32) hours or less of sick leave in the calendar year following the fitch year of employment and any subsequent calendar year, shall have eight (8) hours added to his or her vacation leave balance at the beginning of the following calendar year. 8.4 SICK LEAVE RETIREMENT OR DEATH PAYMENT -- An employee who retires from City service on a service retirement shall be provided a Sick Leave Retirement Payment of thirty-five percent (35%) of the employee's accrued and unused sick leave hours to a maximum of 35% of 960 hours (a maximum total of 336 hours). The payment will be made to the employee at the employee's regular hourly wage rate in effect at the time of retirement or in the event of death, to their designated beneficiary. 8.5 SICK LEAVE USE -- Sick leave must be accrued prior to use by an employee. Sick leave shall be made available to each employee up to the amount of each employee's accrued sick leave balance hours due to: 8.5.1 The temporary disability of an employee resulting from his or her personal illness or injury. 8.5.2 Providing care for an employee's children under the age of 18 when they have a health condition that requires supervision or treatment. 8.5.3 Attending medical, dental and/or oculist appointments as needed for preventive or rehabilitative health care of the employee or the employee's children when such care requires parental presence to supervise or authorize treatment. 8.5.4 Upon the birth or adoption of a child, a father may use up to three (3) days of accrued sick leave or claim FMLA leave pursuant to Federal Law as may be amended from time to time. 8.5.5 Providing for an employee's immediate family member when the family member has a health condition that requires the assistance of an adult caretaker until such time as other care can be arranged. No more than five (5) days of sick leave can be used for this purpose per calendar year, unless as otherwise provided in this section or unless it qualifies for and is taken as FMLA leave. 8.6 NOTIFICATION OF SICK LEAVE USE -An employee who is absent or expects to be absent from work due to causes specified in 8.5 above, shall provide notification as follows: 8.6.1 ROUTINE APPOINTMENTS -- An employee who schedules a routine medical, dental or oculist appointment shall make every reasonable effort to schedule such an appointment at a time which will cause the least interference with the employee's work hours and duties. The employee shall give prior notice of the date and time of the appointment to his or her immediate supervisor. An employee's immediate 6 Collective Bargaining Agreement Br~merton Police Management Association January 1, 2000 through December 3 I, 2001 supervisor may request that the employee reschedule routine appointments when, in the judgment of the supervisor, the scheduled absence of the employee would unduly interfere with the operations of the Department. An immediate supervisor shall not unreasonably deny an employee sick leave with pay for routine medical, dental or oculist appointments. 8.6.2 UNANTICIPATED ABSENCE -- An employee who is absent from work or will be unable to report to work as scheduled due to personal illness or injury, or for other causes specified in Section 8.5 above, shall promptly notify the department by telephone or otherwise by 0800 of the day of his or her scheduled work day. 8.6.3 SICK LEAVE DURING AUTHORIZED PAID LEAVE -An employee who becomes ill or is injured during the employee's paid vacation may request the conversion of such paid leave to sick leave with pay by promptly notifying the department of the illness or injury and providing such information as is required by the department to verify the appropriateness of such a conversion. 8.7 SICK LEAVE DOCUMENTATION AND APPROVAL -- An employee who has been absent on sick leave shall, within thirty-six hours after returning to work, submit such forms and provide such information as are required by the Department to approve the use of sick leave with pay for the absence. The Department may require an employee to demonstrate that he or she has sought treatment, taken appropriate precautions or otherwise effected measures to correct the condition causing the employee's absence. Such demonstrations may take the form of personal statements of the employee, medical examinations or certifications of appropriate professionals, or other methods appropriate to the cimumstances. The Department may require an employee to provide certification by a professional physician that the employee is sufficiently recovered as to be able to return to work without posing a health hazard to himself or herself or to other members of the workforce. Sick leave must be approved by the Department prior to payment. The Department shall not unreasonably withhold approval of sick leave with pay from employees. 8.8 INDUSTRIAL DISABILITY FOR LEOFF I EMPLOYEES -- An employee who qualifies for and is included in the Washington State Retirement System commonly referred to as "LEOFF I", who becomes disabled, and whose disability extends beyond a period of six (6) full months, shall apply for disability retirement benefits provided through LEOFF I. 8.9 INDUSTRIAL DISABILITY LEAVE FOR LEOFF II EMPLOYEES --An employee who qualifies for and is included in the Washington State Retirement System commonly referred to as "LEOFF II", and who incurs a work-related illness or injury shall be provided with such compensation as is made available through Workers' Compensation time-loss benefits as provided by Washington State Law. 7 Collective Bargaining Agreement- Brerrg~on Police Management Association January 1, 2000 through December 31, 2001 ARTICLE 9 ............. OTHER PAID LEAVE 9.1 BEREAVEMENT LEAVE -An employee will be granted five (5) days of bereavement leave for attending funerals in the State of Washington and seven (7) days for out of state funerals of members of the employee's immediate family. Immediate family shall be defined as spouse, child, stepchild, mother, father, mother/father in-law, brother, sister, bother/sister in-law, grandparents and grandchildren of both the employee and the employee's spouse. All time off for bereavement leave shall be charged against an employee's vacation/holiday, sick leave or compensatory time leave balance at the option of the employee. 9.2 JURY DUTY, WITNESS LEAVE-An employee shall be granted leave of absence with pay for the purpose of reporting to Jury Duty or if subpoenaed as a witness. Any juror or witness fees received by the employee for the performance of such duties shall be assigned to the City. 9.3 MILITARY LEAVE -- A leave of absence with pay for a period not to exceed 15 working days will be granted to an employee for the purpose of attending training as a member of the organized military reserves of the United States or of the State of Washington. ARTICLE 10 ............ RETIREMENT BENEFITS 10.1 Each employee shall be enrolled in the Washington State Retirement system for which he or she qualifies. Only for the purposes of federal income taxation, the gross income of each ~nployee shall be reduced by the amount of employee contributions to the respective retirement system, which is picked up by the City. ARTICLE 11 ............ INSURANCE BENEFITS 11.1 MEDICAL INSURANCE -- The City shall make medical insurance coverage available to employees and their dependents as follows: · Kitsap Physician's Service Plan A for Employees and Plan "A" for Dependents · Group Health Cooperative for Employees and Dependents or another plan of equivalent coverage approved by the Insurance Benefit Committee. 11.2 INSURANCE PREMIUM PAYMENTS -- Payment of insurance premiums shall be made as follows: 11.2.1 Employee and dependent premiums will be paid in full by the City for those employees enrolled with KPS. -- 8 Colle, ctive Bargaining Agreement- Bremerton Police Management Association January I, 2000 through December 31, 2001 11.2.2 Employees with coverage through GHC who enroll their dependents, will be required to pay ten dollars ($10) per month per dependent to a maximum of thirty dollars ($30) per month for full family coverage. 11.3 DENTAL INSURANCE -- The City shall provide the same benefit levels as are contained in the Washington Dental Service Plan F dental insurance coverage for employees and their dependents and provide for full payment of insurance premiums. Any other plan must be approved by the Insurance Benefit Committee. 11.4 DISABILITY -- Employees who are covered by the Washington State Retirement System commonly known as LEOFF II, shall enroll to receive Long Term Disability Insurance coverage through the provisions of policies held by the City with Standard Insurance Company. The City shall pay a maximum of $12.50 per month per eligible and enrolled employee toward premium costs. The remainder of all premium costs shall be borne by the enrolled employee and shall be paid to Standard Insurance Company through payroll deductions authorized by each enrolled employee. 11.5 INSURANCE RESERVES, REBATES AND SURPLUSES -- The City shall require the KPS medical plan provider to provide a structured accounting to the City at least annually. Such accounting shall include plan utilizations, all reserve accounts maintained for the plan, interest earned on reserves, administration costs and coinsurance (pooling) costs. This accounting shall be made available to the Association upon request. The City agrees that premium rebates, reserve account rebates or any other monetary returns to the employer from the insurance providers together with subsequent interest earnings thereon shall be used exclusively to defray the costs of premium increases in the plan, and increase benefit levels, or other health related purposes determined appropriate by the Insurance Benefits Committee. Premium increases shall be any increase over the 1994 levels. 11.6 INSURANCE COMMITTEE -- The Insurance Benefits Committee shall be comprised off the following members: Mayor or designee, Human Resources Manager or designee, Administrative Services Director or designee, one employee selected by the non- represented management and professional employees, and one individual selected by each of the recognized unions. The committee shall elect a chair and any other officers it deems appropriate. 11.7 Any proposed increases in co-pays not in effect January 1,1997, must be approved by the Insurance Benefits Committee. ARTICLE 12 ............ CLOTHING AND UNIFORM CLEANING ALLOWANCE 12.1 PURCHASE OF UNIFORMS -- The employer shall establish a Clothing Allowance Fund for the Bremerton Police Department. Each police officer shall be furnished uniforms as designated by the Chief of Police. Such un/forms shall be replaced on an as needed basis from the Clothing Allowance Fund, as determined by the Police Department Administration Office. All uniforms purchased by the Employer are to be and remain the property of the Employer. 9 Collective Bargmnins Asxeement- Bremerton Police Management Association January 1, 2000 through December 31, 2001 12.2 CLOTHING ALLOWANCE -Effective January 1, 2000, an annual allowance of four hundred seventy-five dollars ($475.00) per year will be provided to non-uniformed, sworn personnel with less than twenty-one years service with the City. Effective January 1, 2001, an annual allowance of five hundred dollars ($500.00) will be provided to non-uniformed, sworn personnel with less than twenty-one years service with the City. Such allowance shall be paid during the month of January. The employer shall withhold the necessary federal income tax fi.om the cleaning allowance as required by the Federal tax code as now written or hereinafter amended. This section does not apply to employees with 21 or more years with the City. 12.3 UNIFORM CLEANING ALLOWANCE -- There shall be an annual uniform cleaning allowance of three hundred dollars ($300). Effective January 1, 2001, the annual un/form cleaning allowance shall be increased to three hundred twenty-five dollars ($325.00) per year for employees with less than twenty-one years service with the City. This applies to all personnel covered by this agreement. Such allowance shall be payable in January. An employee will not be required to pay back to the Employer funds received for the purpose of clothing or cleaning allowance after the employee has received such payment. The employer shall withhold the necessary federal income tax fi.om the cleaning allowance as required by the Federal tax code as now written or hereinafter amended.. This section does not apply to employees with 21 or more years with the City. 12.4 CLEANING CONTRACT -- In the event the Employer secures a cleaning contract with an independent cleaning company during the term of this Agreement, 12.3 will become null and void. 12.5 ALTERNATE CLOTHING AND UNIFORM CLEANING ALLOWANCE REIMBURSEMENT METHOD -- At the employee's option, she or he may submit appropriate receipts for reimbursement of either or both of these allowances. This method will be in lieu of the provisions of Article 12.2 and 12.3. An employee must inform the Treasurer's Office no later than January 1 of each year that she or he wishes to utilize this alternative. ARTICLE 13 ............ PERSONNEL PRACTICES 13.1 DEFINITIONS - For the purpose of interpreting the provisions of this agreement, the following definitions shall apply: 13.1.1 Probationary Employee: An employee serving a twelve-month period commencing upon the initial date of hire as a permanent employee during which the employee may be discharged at the sole discretion of the City, consistent with applicable Civil Service Rules and Regulations and without recourse to the grievance procedure. 13.1.2 Promotional Probation: A twelve-month period commencing upon the initial date of a permanent promotional appointment during which a Collective Bargaining Ag~ement- Bremerton Police Management Association January 1, 2000 through D~cember 31, 2001 promoted employee who is unable to perform the duties of the higher level position shall be returned to his or her previous classification at the time of appointment at the sole discretion of the Chief of Police consistent with applicable Civil Service Rules and Regulations, and without recourse to the grievance procedure. 13.1.3 LEOFF I Employee: An employee who qualifies for and is a member of the Washington State Retirement System commonly known as "LEOFF I". 13.1.4 LEOFF II Employee: An employee who qualifies for and is a member of the Washington State Retirement System commonly known as "LEOFF I1". 13.2 PROMOTIONS AND VACANCIES- All personnel reductions, filling of vacancies and promotions shall be handled in accord with existing Civil Service Rules and Regulations and shall not be subject to the grievance procedure. 13.3 INDEMNIFICATION OF EMPLOYEES -- The City shall provide legal defense and will pay all legitimate claims, settlements, judgements, and associated costs for employees and their marital communities named as parties or defendants in claims or lawsuits as a result of acts or omissions made in the good faith performance of the City's business. ARTICLE 14 ............ TUITION REIMBURSEMENT PROGRAM 14.1 An employee engaged in the pursuit of either undergraduate or graduate degrees related to the Law Enforcement profession shall receive limited tuition reimbursement if he or she meets the following guidelines: 14.1.1 Tuition reimbursement shall be limited only to those courses related to Law Enforcement subjects and with matriculation at an accredited college or university. 14.1.2 The City will reimburse the employee up to a maximum of $75 per quarter credit hour or up to a maximum of $110 per semester credit hour up to a maximum of 12 credit hours for course registration fees only. 14.1.3 Only full time employees in good standing in the Bremerton Police Department are eligible for tuition reimbursement. 14.1.4 Tuition reimbursement shall be made if a grade of C or better is attained. Employee will be required to furnish proof of payment and an official grade report at the time reimbursement is requested. 14.1.5 The Police Chief shall have the authority to grant tuition reimbursement pursuant to the above provisions, and shall have the authority to disapprove tuition reimbursement if cause is shown. - 11 Collective Bargaining Agreement- Bremerton Police Management Association January 1, 2000 through December 31, 2001 14.1.6 It shall be understood that training and or study time will be undertaken during off-duty time. ARTICLE 15 ............ MANAGEMENT RIGHTS 15.1 Any and all rights concerned with the management and operation of the Police Department are exclusively that of the City unless otherwise provided by the terms of this Agreement. The City has the right, among other actions, to adopt roles' for the operation of the Department and conduct of the employees, to discipline, suspend or discharge employees for cause, to assign work and determine duties of employees, to determine number of personnel to be assigned duty at any time, to determine and introduce new work methods or facilities to increase productivity for operation of the Department and to perform all of the functions not otherwise expressly limited by this Agreement. Provided, nothing herein shall be construed as a waiver of collective bargaining rights conferred on the parties by RCW 41.56. ARTICLE 16 ............ GRIEVANCE PROCEDURE 16.1 DEFINITIONS 16.1.1 GRIEVANCE -- A grievance is an allegation of a violation of the terms and conditions of this agreement which is to be resolved through this Grievance Procedure. 16.1.2 CIVIL SERVICE APPEAL -- An appeal is an allegation ora violation of the Civil Service Rules which is to be resolved through the Civil Service Appeals procedure and is not resolvable through this Grievance Procedure. 16.1.3 UNFAIR LABOR PRACTICE -An Unfair Labor Practice charge is an allegation of a violation of the Washington State statutes governing public employment labor relations which is to be resolved through the Public Employment Relations Commission's rules and regulations and is not resolvable through this Grievance Procedure. 16.2 STEP 1 -- An employee who believes that the terms and conditions of this agreement have been violated shall first discuss the action giving rise to the belief with the Police Chief within fourteen (14) calendar days of the date the action took place or within fourteen (14) days of the date upon which the employee could reasonably have been expected to know of such action. The employee shall have the right to be assisted by an authorized Association representative during this discussion. 16.3 STEP 2 -- In the event that the Police Chief does not resolve the grievance to the satisfaction of the employee at Step 1 of this procedure, the employee shall reduce the grievance to writing and shall state: the section (or sections) of this agreement which is alleged to have been violated; an explanation of the grievance in detail, including dates, actions and such other information necessary to a full investigation of the facts and Collective Barsaining Agreement - Bremerton Police Management Association 12 January 1,2000 through December 31, 2001 circumstances giving rise to the grievance; and the remedy sought. The employee shall have the right to be assisted by an authorized Association representative in reducing his or her grievance to writing. The employee shall present the written grievance to the Police Chief within fourteen (14) calendar days of the date the employee met with the Police Chief. The Police Chief will reduce his or her decision on the grievance to writing and shall transmit the decision to the employee with a copy to the Association representative within fourteen (14) calendar days of receiving the written grievance. 16.4 STEP 3 -- In the event that the Police Chief does not resolve the grievance to the satisfaction of the employee at Step 2 of this procedure, the Association shall, on behalf of the employee, transmit a copy of the original grievance along with a copy of the Police Chief's written response to the Director of Personnel and the Mayor within fourteen (14) calendar days of receipt of the Police Chief's written response. The Human Resources Manager and the Mayor shall consider the grievance and may convene a meeting with the Association representative in an attempt to resolve the grievance. The Human Resources Manager shall reduce his or her decision to writing within fourteen (14) calendar days of receipt of the grievance and transmit the decision to the Association. 16.5 STEP 4 -- In the event that the Human Resources Manager and the Mayor do not resolve the grievance at Step 3 of this procedure, the Association may request arbitration of the issue by written notification to the Human Resources Manager. The Human Resources Manager and the Association shall meet within fourteen (14) calendar days of the date upon which the Human Resources Manager rendered his or her written decision on the grievance and shall select a neutral arbitrator by mutual agreement or through a mutually agreeable process. 16.6 POWERS AND DUTIES OF THE ARBITRATOR -- It shall be the duty of the arbitrator to conduct a hearing on the issue or issues submitted by the parties for decision. The hearing shall be kept informal and private. The arbitrator shall interpret the provisions of this agreement as they apply to the issue or issues submitted for decision and shall not add to, subtract from nor in any way otherwise alter nor recommend the alteration of the terms and conditions of the agreement in deciding the matter. As soon as is practicable after conducting the hearing, the arbitrator shall render a written decision which shall be binding upon the parties. 16.7 COSTS OF ARBITRATION -- The expenses of the neutral arbitrator shall be borne equally by the parties. Each party shall singly bear all costs related to preparing and presenting its own case before the arbitrator, including costs of witnesses. The party desiring a record of the proceedings shall bear the cost of obtaining such record. 16.8 TIME LIMITS -- Time limits established in this procedure shall be strictly adhered to but may be waived by mutual agreement of the Association and the City. All procedures contained herein shall be complied with as expeditiously as practicable. 13 Collective Bargatning Ag~ement- Bremerton Police Management Association January 1, 2000 through December 31, 2001 ARTICLE 17 ............ SEVERABILITY 17.1 In the event that any provision of this Agreement is held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article should be restrained by such tribunal pending a final determination as to its validity, the remaining provisions of this Agreement shall not be held invalid and shall remain in full force and effect. The Association and the City shall immediately meet and attempt to renegotiate any provision found invalid. ARTICLE 18 ............ ENTIRE AGREEMENT 18.1 The Association and the City acknowledge that each has had the unlimited right and opportunity to make proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this Agreement. Therefore, the City and the Association each voluntarily and unqualifiedly agree to waive the fight to oblige the other party to bargain with respect to any subject or matter not specifically covered by the Articles of this Agreement during the term of this Agreement, except as mutually agreed upon. ARTICLE 19 ............ CONFLICTING PROVISIONS 19.1 In the event that any provision of this Agreement is found to be in conflict with any other Resolution, Ordinance, Policy, Regulation or Rule of the City, the provision of this agreement shall prevail. ARTICLE 20 ............ TERM This Agreement shall become effective January 1, 2000 contingent upon ratification by both parties and shall remain in effect through December 31, 2001 and may be extended thereafter by mutual agreement. The City or the Association may request reopening of this Agreement any time within six (6) months prior to ~f the expiration date for the purpose of negotiating changes to be effective upon ratification of the agreement by both the City and the Association. ARTICLE 21 .......... SMOKING POLICY (incorporated fi.om LOU dated 3-16-98) 21.1 The provisions of Human Resources Policy 3-50-05, Smoking Policy, will apply to employees represented by Bremerton Police Management Association, with the following exceptions: 21.1.1. Employees may smoke in a City vehicle when they are not transporting any other person(s). 21.1.2 Employees may smoke outside the entrance to the Westside Patrol Office. 14 Collective Barsaining Agrec, nvmt- Bremerton Police Management Association January 1, 2000 through December 31, 2001 Article 22 .......... POLICE OFFICERS' BILL OF RIGHTS (Formerly Appendix "B") The wide ranging powers and duties given to the Police Department and its members involve them in all manner of contacts and relationships with the public. Of these contacts come many questions concerning the actions of members of the fome. These questions olden require immediate investigation by superior officers designated by the Chief of the Bremerton Police Department. In an effort to insure that these investigations are conducted in a manner which is conducive to good order and discipline, the following guidelines are promulgated: 22.1 Internal Investigation Defined - For the purposes of this Appendix, the term "internal investigation" means an investigation by or under the authority of the Chief of Police of activities, circumstances or events pertaining to the conduct or acts of a City law enforcement employee. Such investigation shall be deemed a "criminal investigation" where it is suspected that such conduct or acts are or may be the basis for filing a criminal charge against such employee, and shall be deemed a "major investigation" where it is suspected that such conduct or acts may also or alternatively be the basis for discharge, suspension or other discipline of such employee. 22.2 Employee Advised of Alleged Misconduct - Every employee who becomes the subject of an internal investigation shall be advised at the time of any interview in connection therewith that, as the case may be, (s)he is suspected of: 22.2.1 Committing a criminal offense. 22.2.2 Misconduct which would be grounds for termination, suspension, or other disciplinary action; or that (s)he may be qualified for continued employment with the Police Department. At the time of the interview such employee shall also be informed of the name of the officer in charge of the investigation and the name of the officer who will be conducting the interview. 22.3 Representation by Counsel - Any employee who becomes the subject of a criminal investigation may have legal counsel present during all interviews of such employee. Such representation by counsel shall be confined to counseling and shall not be authority for any participation by counsel in the investigation. 22.4 Employee to be Informed in Writing-Recorded Interviews - In the case of any major investigation and before any interview commences, the employee to be interviewed shall be informed in writing of the nature of the investigation including information necessary to reasonably appraise him/her of the allegations of any complaint and (s)he shall be afforded an opportunity and facilities to contact and consult privately with an attorney of his/her own choosing before being interviewed. Such employee may request that the interview be recorded, either mechanically or by a stenographer, and no questions shall be asked "off the record". Upon request, the employee under investigation shall be provided an exact copy of any written Collective Bargaining Agreement- Bremerton Police Management Association 1 5 January 1, 2000 through December 31, 2001 statement (s)he has signed and a verbatim transcript of any interview of such employee. 22.5 Interviewing Procedures - Interviews shall be held at a reasonable hour and preferably when the employee to be interviewed is on duty unless the exigencies of the interview indicate otherwise. Whenever possible, interviews shall be scheduled during the normal work day of the City. Interviewing shall be completed within a reasonable time and shall be accomplished under circumstances devoid of intimation or coercion. The employee being interviewed shall be entitled to such int,mdssions as (s)he shall request for personal necessities, meals, telephone calls, and rest periods. All interviewing shall be limited to the conduct or acts of the employee under investigation which form or may form the basis for disciplinary action, termination of employment or the filing of a criminal charge. 22.6 Intimidation of Employee Prohibited - No employee under investigation shall, as a guise for obtaining such employee's resignation, be falsely threatened with dismissal or other disciplinary action should (s)he refuse to resign, nor shall (s)he be subjected to abusive language or in any other manner intimated or offered promises or reward as an inducement to answer questions. Article 23 .......... MANAGEMENT CERTIFICATIONS (NEW ARTICLE) 23.1 Effective January 1, 2000, employees who currently hold or who obtain management certifications through the Washington State Criminal Justice Training Commission will receive additional compensation for each certification as listed below: Middle Management Certification One Percent (1%) Executive Certification One Percent (1%) (Maximum additional compensation is capped at two percent (2%) This agreement is hereby submitted to the Bremerton City Council for approval. Upon the approval of the Council, this agreement shall become binding upon the City, the Association and all of the employees in the bargaining unit covered by this agreement. DATED THIS DAY OF ,2000. CITY OF BREMERTON: BREMERTON POLICE MANAGEMENT ASSOCIATION: Carol S. Conley, Human Resources l~ager Captain Craig(/Rogers, ~l~sident ~'Robert Forbes, Police Chief Lieutenant Ron Mox, Vice-President 16 Collective Bargaining Agreement - Bre'merton Police Management Association January 1, 2000 through December 31, 2001 Hodf~afile Lynn Horton, Mayor ATTEST: ~(athlee~Me~l~k~'~, C~ty Clerk APPROVED ~: Glerma Malanca, City Attorney o4,,~ .... 17 Collective Blu'gmning Agreement- Brcmerton Police Management Association January 1, 2000 ttm~ugh December 31, 2001 POLICE MANAGEMENT PAY PLAN FOR LIEUTENANTS APPENDIX A LIEUTENANTS ANNUAL 63,314.88 64,699,92 66,109.68 67,445.04 68,854.80 MONTHLY 5,276.24 5,391.66 5,509.14 5,620.42 5,737.90 SEMI-MONTHLY 2,638.12 2,695.83 2,754.57 2,810.21 2,868.95 HOURLY 30.32 30.99 31.66 32.30 32.98 MAX. DEF. COMP. 52.76 53.92 55.09 56.20 57.38 2'/, ANNUAL 64,581.12 65,994.00 67,431.84 68,793.84 70,231.92 MONTHLY 5,381.76 5,499.50 5,619.32 5,732.82 5,852.66 SEMI-MONTHLY 2,690.88 2,749.75 2,809.66 2,866.41 2,926.33 HOURLY 30.93 31.61 32.29 32.95 33.64 3'/, ANNUAL 65,214.24 66,640.80 68,093.04 69,468.48 70,920.48 MONTHLY 5,434.52 5,553.40 5,674.42 5,789.04 5,910.04 SEMI-MONTHLY 2,717.26 2,776.70 2,837.21 2,89~.52 2,955.02 HOURLY 31.23 31.92 32.61 33.27 33.97 7.25% ANNUAL 67,905.12 69,390.72 70,902.72 72,334.80 73,846.80 MONTH LY 5,658.76 5,782.56 5,908.56 6,027.90 6,153.90 SEMI-MONTHLY 2,829.38 2,891.28 2,954.28 3,013.95 3,076.95 HOURLY 32.52 33.23 33.96 34.64 35.37 8.25% ANNUAL 68,538.24 70,037.76 71,563.68 73,009.20 74,535.36 MONTHLY 5,711.52 5,836.48 5,963.64 6,084.10 6,211.28 SEMI-MONTHLY 2,855.76 2,918.24 2,981.82 3,042.05 3,105.64 HOURLY 32.82 33.54 34.27 34.97 35.70 ANNUAL 63,631.44 65,023.44 66,440.16 67,782.24 69,198.96 MONTHLY 5,302.62 5,418.62 5,536.68 5,648.52 5,766.58 SEMI-MONTHLY 2,651.31 2,709.31 2,768.34 2,824.26 2,883.29 HOURLY 30.47 31.14 31.82 32.46 33.14 MAX. DEF. COMP. 53.03 54.19 55.37 56.49 57.67 ANNUAL 64,904.16 66,324.00 67,769.04 69,138.00 70,583.04 MONTHLY 5,408.68 5,527.00 5,647.42 5,761.50 5,881.92 SEMI-MONTHLY 2,704.34 2,763.50 2,823.71 2,880.75 2,940.96 HOURLY 31.08 31.76 32.46 33.11 33.80 3'/, ANNUAL 65,540.40 66,974.16 68,433.36 69,815.76 71,274.96 MONTHLY 5,461.70 5,581.18 5,702.78 5,817.98 5,939.58 SEMI-MONTHLY 2,730.85 2,790.59 2,851.39 2,908.99 2,969.79 HOURLY 31.39 32.08 32.77 33.44 34.14 7.25% ANNUAL 68,244.72 69,737.52 71,256.96 72,696.48 74,215.92 MONTHLY 5,687.06 5,811.46 5,938.08 6,058.04 6,184.66 SEMI-MONTHLY 2,843.53 2,905.73 2,969.04 3,029.02 3,092.33 HOURLY 32.68 33.40 34.13 34.82 35.54 8.25% ANNUAL 68,880.96 70,387.92 71,921.52 73,374.24 74,907.84 MONTHLY 5,740.08 5,865.66 5,993.46 6,114.52 6,242.32 SEMI-MONTHLY 2,870.04 2,932.83 2,996.73 3,057.26 3,121.16 HOURLY 32.99 33.71 34.45 35.14 35.88 POLICE MANAGEMENT PAY PLAN FOR CAPTAINS APPENDIX A CAPTAINS BASE ANNUAL 71,545.80 73,110.96 74,703.96 76,212.84 77,805.96 MONTHLY 5,962.15 6,092.58 6,225.33 6,351.07 6,483.83 SEMI-MONTHLY 2,981.08 3,046.29 3,112.66 3,175.54 3,241.91 HOURLY 34.27 35.01 35.78 36.50 37.26 MAX. DEF. COMP. 59.62 60,93 62.25 63.51 64.84 ANNUAL 72,976.80 74,573.04 76,198.08 77,737.20 79,362.00 MONTHLY 6,081.40 6,214.42 6,349,84 6,478.10 6,613.50 SEMI-MONTHLY 3,040.70 3,107.21 3,174.92 3,239.05 3,306.75 HOURLY 34.95 35.72 36.49 37.23 38.01 ANNUAL 73,692.24 75,304.32 76,944.96 78,499.20 80,140,08 MONTHLY 6,141.02 6,275.36 6,412.08 6,541,60 6,678.34 SEMi-MONTHLY 3,070.51 3,137.68 3,206.04 3,270,80 3,339.17 HOURLY 35.29 36.07 36.85 37.60 38.38 ?.25% ANNUAL 76,732.80 78,411.36 80,119.92 81,738.24 83,446.80 MONTHLY 6,394.40 6,534.28 6,676.66 6,811.52 6,953.90 SEMI-MONTHLY 3,197.20 3,267.14 3,338.33 3,405.76 3,476.95 HOURLY 36.75 37.55 38.37 39.15 39.96 8.25% ANNUAL 77,448.24 79,142.64 80,867.04 82,500.48 84,224.88 MONTHLY 6,454.02 6,595.22 6,738.92 6,875.04 7,018.74 SEMI-MONTHLY 3,227.01 3,297.61 3,369.46 3,437.52 3,509.37 HOURLY 37.09 37.90 38.73 39.51 40.34 BASE ANNUAL 71,903.52 73,476.48 75,077.52 76,593.84 78,194.88 MONTHLY 5,991.96 6,123.04 6,256.46 6,382.82 6,516.24 SEMI-MONTHLY 2,995.98 3,061.52 3,128.23 3,191.41 3,258.12 HOURLY 34.44 35.19 35.96 36,68 37.45 MAX. DEF. COMP. 59.92 61.23 62.56 63.83 65.16 ANNUAL 73,341.60 74,946.00 76,578.96 78,125.76 79,758.72 MONTHLY 6,111.80 6,245.50 6,381.58 6,510.48 6,646.56 SEMI-MONTHLY 3,055.90 3,122.75 3,190.79 3,255.24 3,323.28 HOURLY 35.13 35.89 36.68 37.42 38.20 ANNUAL 74,060.64 75,680.88 77,329.92 78,891.60 80,540.64 MONTHLY 6,171.72 6,306.74 6,444.16 6,574.30 6,711.72 SEMI-MONTHLY 3,085.86 3,153.37 3,222.08 3,287.15 3,355.86 HOURLY 35.47 36.25 37.04 37.78 38.57 7.25% ANNUAL 77,116.56 78,803.52 80,520.72 82,146.96 83,863.92 MONTHLY 6,426.38 6,566.96 6,710.06 6,845.58 6,988.66 SEMI-MONTHLY 3,213.19 3,283.48 3,355.03 3,422.79 3,494.33 HOURLY 36.93 37.74 38.56 39.34 40.16 8.25% ANNUAL 77,835.60 79,538.40 81,271.44 82,912.80 64,645.84 MONTHLY 6,486.30 6,628.20 6,772.62 6,909.40 7,053.82 SEMI-MONTHLY 3,243.15 3,314.10 3,386.31 3,454.70 3,526.91 HOURLY 37.28 38.09 38.92 39.71 40.54 LABOR AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON AND THE BREMERTON POLICE MANAGEMENT ASSOCIATION JANUARY 1, 1997 THROUGH DECEMBER 31, 1999 TABLE OF CONTENTS TO THE COLLECTIVE BARGAINING AGREEMENT BY AND BETVVEEN CITY OF BREMERTON AND BREMERTON POLICE MANAGEMENT ASSOCIATIONS JANUARY 1, 1997 THROUGH DECEMBER 31, 1999 PREAMBLE .............................................................. 3 ARTICLE I DISCRIMINATION ALLEGATIONS ............................... 3 ARTICLE 2 RECOGNITION ............................................. 3 ARTICLE 3 ASSOCIATION ACCESS ...................................... 3 ARTICLE 4 SALARIES ................................................. 4 ARTICLE 5 HOURS OF WORK ........................................... 5 ARTICLE 6 VACATION LEAVE ........................................... 5 ARTICLE 7 HOLIDAYS ................................................. 6 ARTICLE 8 SICK LEAVE AND INDUSTRIAL DISABILITY ....................... 7 ARTICLE 9 OTHER PAID LEAVE ......................................... 9 ARTICLE 10 RETIREMENT BENEFITS ..................................... 9 ARTICLE 11 INSURANCE BENEFITS ...................................... 10 ARTICLE 12 CLOTHING AND UNIFORM CLEANING ALLOWANCE .............. 11 ARTICLE 13 PERSONNEL PRACTICES .................................... 12 ARTICLE 14 ACADEMIC INCENTIVE ...................................... 12 ARTICLE 15 MANAGEMENT RIGHTS ..................................... 13 ARTICLE 16 GRIEVANCE PROCEDURE ................................... 13 ARTICLE 17 SEVERABILITY ............................................ 15 ARTICLE 18 ENTIRE AGREEMENT ....................................... 15 ARTICLE 19 CONFLICTING PROVISIONS .................................. 15 ARTICLE 20 TERM .................................................... 15 APPENDIX A ............................................................ 17 APPENDIX B ............................................................ 18 COLLECTIVE BARGAINING AGREEMENT PAGE 2 CITY OF BREMERTON / POLICE MANAGEMENT ASSOCIATION JANUARY 9, 1997 LABOR AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON AND BREMERTON POLICE MANAGEMENT ASSOCIATION JANUARY 1, 1997 THROUGH DECEMBER 31, 1999 PREAMBLE This Agreement is made and entered into pursuant to the provisions of RCW Chapter 41.56 by and between the City of Bremerton, a municipal corporation of the State of Washington, hereinafter known as the "City", and the Bremerton Police Management Association hereinafter known as the "Assodation" for the purpose of setting forth the wages, hours and other terms and conditions of employment which shall be in effect during the term of this agreement for employees included in the bargaining unit described in Article 2 below. ARTICLE 1 ............. DISCRIMINATION ALLEGATIONS 1.1 An employee who believes that he or she has bccn the subject of unlawful discrimination on the basis of political affiliation, age, sex, madtal status, race, creed, color, religion, national origin or activity protected by RCW 41.56 shall seek relief through the City's Equal Employment Opportunity Complaint Procedure or the appropriate state or federal agency charged with investigating such matters and shall not process such complaints through the Grievance Procedure of this Agreement. ARTICLE 2 ............. RECOGNITION 2.1 The City recognizes the Association as the sole and exclusive bargaining representative for the purpose of negotiations concerning wages, hours and conditions of employment for all employees in classifications set forth in Appendix A and such classifications as may be added to the bargaining unit during the term of this Agreement. ARTICLE 3 ............. ASSOCIATION ACCESS 3.1 Association business such as handling grievances and other legitimate routine matters may be conducted on Police Department premises provided that such business does not interfere with Police Department operations and is authorized by the Police Chief. COLLECTIVE BARGAINING AGREEMENT PAGE 3 CITY OF BREMERTON / POLICE MANAGEMENT ASSOCIATION JANUARY 9, 1997 ARTICLE 4 ............. SALARIES 4.1 MONTHLY SALARY RATES -- Monthly salary rates shall be paid as set forth in Appendix A which is attached hereto and made a part hereof. Appendix A will be changed as necessary to reflect the following: 4.1.1 The salary rates for Police Lieutenant and Police Captain will be set so as to maintain the following differentials. 4.1.2 The Police Lieutenant top base salary step will be 15% above the top step Police Sergeant base wage rate. 4.1.3 The Police Captain top base salary step will be 13% above the top step Police Lieutenant base salary rate. 4.2 In order to maintain equity, employees will earn longevity pay at the same rate as Police Sergeant. 4.3 SALARY RATE IN A HIGHER CLASSIFICATION -- An employee moved to a higher classification will receive at least the entry step of the new salary rate or a step at least five percent (5%) higher, whichever is greater. However, no employee may be advanced beyond the final step of the new salary rate. 4.3.1 The employee's advance to the next step of the new salary rate will be based on the effective date of the new salary rate. 4.4 STEP ADVANCEMENT -- Advancement from Step to Step will occur upon the positive recommendation of the Police Chief and after completion of twelve (12) continuous months of service in each step. 4.5 TEMPORARY ASSIGNMENT TO HIGHER LEVEL POSITION -- The Police Chief or, in the absence of the Chief, the Mayor may provide a wdtten directive to an employee to perform all or a part of the duties and accept ail or a part of the responsibilities of a higher level classification. The employee so directed shall have his or her salary rate adjusted for the duration of the assignment as if he or she had been promoted to the higher classification provided, however, that such adjustment shall be no less than 4%. Other benefits provided such an employee through the provisions of this agreement shall not be affected and no benefits of the higher level classification shall apply to the employee dudng the assignment. This provision shall not apply in situations when the Police Chief designates an employee to serve in an "Acting" capacity during the absence of the Chief for vacations, while attending conferences, and other such usual and customary absences. COLLECTIVE BARGAINING AGREEMENT PAGE 4 CITY OF BREMERTON / POLICE MANAGEMENT ASSOCIATION JANUARY 9, 1997 4.6 DEFERRED COMPENSATION -- The City will match the payroll deduction of any written request by an employee in an amount not to exceed two percent (2.0%) of the employee's base monthly salary rate. ARTICLE 5 ............. HOURS OF WORK 5.1 Employees shall work such hours as ara assigned by the Police Chief which shall be at least forty (40) hours per week, including paid holiday, vacation and sick leave time. In addition, employees shall serve on emergency standby status during such pedods as are assigned by the Police Chief and ara subject to emergency callback at any time. Employees covered by this agreement are exempt from the overtime provisions of the Fair Labor Standards Act. ARTICLE 6 ............. VACATION LEAVE 6.1 VACATION ACCRUAL -- Employees shall accrue vacation time with pay for all regularly scheduled work time including paid leave time pursuant to the following schedule: PERIOD OF CONTINUOUS FULL TIME EMPLOYMENT Date of Hire through Hours Accrued/Year 5 years 104 Hours 6th year 120 Hours 7th year 128 Hours 8th year 136 Hours 9th year 144 Hours 10th year 152 Hours 11th year 160 Hours 12th year 168 Hours 13th year 176 Hours 14th year 184 Hours 15th year 192 Hours 16th year 200 Hours 17th year and thereafter 208 Hours 6.2 VACATION ELIGIBILITY -- An employee becomes eligible to take accrued vacation time upon completion of six (6) months of continuous employment. Vacation time must be fully accrued prior to the time an employee takes any vacation time off. 6.3 VACATION SCHEDULING --Annual vacation leave shall be authorized by the Police Chief or the Chief's designee. Personnel shall schedule vacation leave by mutual agreement of the employee and the Police Chief or the Chief's designee. COLLECTIVE BARGAINING AGREEMENT PAGE 5 CITY OF SREMERTON / POLICE MANAGEMENT ASSOCIATION JANUARY 9, 1997 6.4 MAXIMUM VACATION ACCRUAL -- The maximum number of vacation accrual hours that any employee shall be allowed to carry forward from one calendar year to the next is as follows: Years of Continuous Employment Maximum Balance 0 through Five (5) years 160 hours More than Five (5) years 240 hours In the event an employee has been prohibited from taking sufficient vacation time to reduce his or her vacation balance to the maximum allowable carryover at the end of a calendar year, the excess hours shall be paid out in cash at the employee's straight time houdy rate unless the City Council approves an extension of the time pedod beyond the end of the calendar year dudng which the employee must take all vacation hours which exceed the maximum allowable carryover. An employee who fails to request scheduled vacation time during the year and who's accrued vacation hours exceed the maximum carry over balance at the end of the calendar year shall forfeit such excess vacation hours. 6.5 VACATION PAY-OUT -- Upon the retirement or termination of an employee who has served six (6) continuous full months of employment or more, or upon the date of an employee's disability retirement, the accrued vacation hours of such an employee will be paid to the employee in a cash lump sum payment. ARTICLE 7 ............. HOLIDAYS 7.1 HOLIDAYS OBSERVED -- The following holidays shall be observed by the City: New Year's Day Labor Day Martin Luther King's Birthday Veteran's Day President's Day Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas In addition, any other holiday legally proclaimed by the Federal or State government, provided that the City takes official action to have such holiday also observed by the City. 7.2 FLOATING HOLIDAY -- Each employee shall be allowed one additional holiday to be observed by the employee on a day mutually agreeable to the employee and the Police Chief. 7.3 ALTERNATIVE DAYS OF HOLIDAY OBSERVATION -- If a holiday observed by the City falls on a Saturday, the holiday will be observed on the preceding Friday. If a holiday falls on a Sunday, the holiday will be observed on the following Monday. If the day a holiday is COLLECTIVE BARGAINING AGREEMENT PAGE 6 CITY OF BREMERTON / POLICE MANAGEMENT ASSOCIATION JANUARY 9, 1997 observed by the City falls on an employee's regularly scheduled day off, the employee shall receive an alternate day as a paid holiday. 7.4 HOLIDAY COMPENSATION -- An employee shall receive eight (8) hours of time off with pay for each holiday observed by the City and for a floating holiday of each employee's choice. ARTICLE 8 ............. SICK LEAVE AND INDUSTRIAL DISABILITY 8.1 SICK LEAVE ACCRUAL -- Employees shall accrue sick leave time with pay at the rate of .046154 hours for all normal hours of work including paid leave. 8.2 MAXIMUM SICK LEAVE ACCRUAL -- Employees shall be able to accrue sick leave to a maximum of one thousand (1000) hours. 8.3 SICK LEAVE INCENTIVE -- An employee who has more than five (5) years of continuous full time paid employment with the City and who takes thirty-two (32) hours or less of sick leave in the calendar year following the fifth year of employment and any subsequent calendar year, shall have eight (8) hours added to his or her vacation leave balance at the beginning of the following calendar year. 8.4 SICK LEAVE RETIREMENT OR DEATH PAYMENT -- An employee who retires from City service on a service retirement shall be provided a Sick Leave Retirement Payment of thirty-five percent (35%) of the employee's accrued and unused sick leave hours to a maximum of 35% of 960 hours (a maximum total of 336 hours). The payment will be made to the employee at the employee's regular hourly wage rate in effect at the time of retirement or death. 8.5 SICK LEAVE USE -- Sick leave must be accrued prior to use by an employee. Sick leave shall be made available to each employee up to the amount of each employee's accrued sick leave balance hours due to: 8.5.1 The temporary disability of an employee resulting from his or her personal illness or injury. 8.5.2 Providing care for an employee's children under the age of 18 when they have a health condition that requires supervision or treatment. 8.5.3 Attending medical, dental and/or oculist appointments as needed for preventive or rehabilitative health care of the employee or the employee's children when such care requires parental presence to supervise or authorize treatment. 8.5.4 Upon the birth or adoption of a child, a father may use up to three (3) days of accrued sick leave. COLLECTIVE BARGAINING AGREEMENT PAGE 7 CITY OF BREMERTON / POLICE MANAGEMENT ASSOCIATION JANUARY 9, 1997 8.5.5 Providing for an employee's immediate family member when the family member has a health condition that requires the assistance of an adult caretaker until such time as other care can be arranged. No more than five (5) days of sick leave can be used for this purpose per calendar year, unless as otherwise provided in this section or by law. 8.6 NOTIFICATION OF SICK LEAVE USE --,aU1 employee who is absent or expects to be absent from work due to causes specified in 8.5 above, shall provide notification as follows: 8.6.1 ROUTINE APPOINTMENTS -- An employee who schedules a routine medical, dental or oculist appointment shall make every reasonable effort to schedule such an appointment at a time which will cause the least interference with the employee's work hours and duties. The employee shall give pdor notice of the date and time of the appointment to his or her immediate supervisor. An employee's immediate supervisor may request that the employee reschedule routine appointments when, in the judgment of the supervisor, the scheduled absence of the employee would unduly interfere with the operations of the Department. An immediate supervisor shall not unreasonably deny an employee sick leave with pay for routine medical, dental or oculist appointments. 8.6.2 UNANTICIPATED ABSENCE -- An employee who is absent from work or will be unable to report to work as scheduled due to personal illness or injury, or for other causes specified in 8.5 above, shall promptly notify the department by telephone or otherwise by 0800 of the day of his or her scheduled work day. 8.6.3 SICK LEAVE DURING AUTHORIZED PAID LEAVE --An employee who becomes ill or is injured dudng the employee's paid vacation may request the conversion of such paid leave to sick leave with pay by promptly notifying the department of the illness or injury and providing such information as is required by the department to verify the appropriateness of such a conversion. 8.7 SICK LEAVE DOCUMENTATION AND APPROVAL -- An employee who has been absent on sick leave shall, within thirty-six hours after returning to work, submit such forms and provide such information as are required by the Department to approve the use of sick leave with pay for the absence. The Department may require an employee to demonstrate that he or she has sought treatment, taken appropriate precautions or otherwise effected measures to correct the condition causing the employee's absence. Such demonstrations may take the form of personal statements of the employee, medical examinations or certifications of appropriate professionals, or other methods appropriate to the circumstances. The Department may mcluire an employee to provide certification by a professional physician that the employee is sufficiently recovered as to be able to return to work without posing a health hazard to himself or herself or to other members of the workforce. Sick leave must be approved by the Department prior to payment. The Department shall not unreasonably withhold approval of sick leave with pay from employees. COLLECTIVE BARGAINING AGREEMENT PAGE 8 CITY OF BREMERTON / POLICE MANAGEMENT ASSOCIATION JANUARY 9, 1997 8.8 INDUSTRIAL DISABILITY FOR LEOFF I EMPLOYEES -- An employee who qualifies for and is included in the Washington State Retirement System commonly referred to as "LEOFF I", who becomes disabled, and whose disability extends beyond a pedod of six (6) full months, shall apply for disability retirement benefits provided through LEOFF I. 8.9 INDUSTRIAL DISABILITY LEAVE FOR LEOFF II EMPLOYEES --An employee who qualifies for and is included in the Washington State Retirement System commonly referred to as "LEOFF I1", and who incurs a work-related illness or injury shall be provided with such compensation as is made available through Workers' Compensation time-loss benefits as provided by Washington State Law. ARTICLE 9 ............. OTHER PAID LEAVE 9.1 BEREAVEMENT LEAVE -- An employee will be granted five (5) days of bereavement leave for attending funerals in the State of Washington and seven (7) days for out of state funerals of members of the employee's immediate family. Immediate family shall be defined as spouse, child, stepchild, mother, father, mother/father in-law, brother, sister, bother/sister in-law, grandparents and grandchildren of both the employee and the employee's spouse. All time off for bereavement leave shall be charged against an employee's vacation/holiday, sick leave or compensatory time leave balance at the option of the employee. 9.2 JURY DUTY, WITNESS LEAVE -An employee shall be granted leave of absence with pay for the purpose of reporting to Jury Duty or if subpoenaed as a witness. Any juror or witness fees received by the employee for the performance of such duties shall be assigned to the City. 9.3 MILITARY LEAVE -- A leave of absence with pay for a period not to exceed 15 working days will be granted to an employee for the purpose of attending training as a member of the organized military reserves of the United States or of the State of Washington. 9.4 EMERGENCY LEAVE -- In the event of an unforeseen emergency which requires the absence of an employee such as the illness, injury or death of a member of an employee's immediate family, the employee shall notify his or her immediate supervisor as soon as possible of the required absence. Such emergency leave may be charged to an employee's unused vacation/holiday or compensatory time leave balance. ARTICLE 10 ............ RETIREMENT BENEFITS 10.1 Each employee shall be enrolled in the Washington State Retirement system for which he or she qualifies. Only for the purposes of federal income taxation, the gross income of each employee shall be reduced by the amount of employee contributions to the respective retirement system which is picked up by the City. COLLECTIVE BARGAINING AGREEMENT PAGE 9 CITY OF BREMERTON / POLICE MANAGEMENT ASSOCIATION JANUARY 9, 1997 ARTICLE 11 ............ INSURANCE BENEFITS 11.1 MEDICAL INSURANCE -- The City shall make medical insurance coverage available to employees and their dependents as follows: Kitsap Physician's Service Plan A for Employees and Plan B for Dependents Group Health Cooperative for Employees and Dependents or another plan of equivalent coverage approved by the Insurance Benefit Committee. 11.2 INSURANCE PREMIUM PAYMENTS -- Payment of insurance premiums shall be made as follows: Employee and dependent premiums paid in full by the City. Notwithstanding the above, an employee may elect to have KPS A for dependents, provided she or he pays in full any difference in premium. 11.3 DENTAL INSURANCE -- The City shall provide the same benefit levels as are contained in the Washington Dental Service Plan A dental insurance coverage for employees and their dependents and provide for full payment of insurance premiums. Any other plan must be approved by the Insurance Benefit Committee. 11.4 DISABILITY-- Employees who are covered by the Washington State Retirement System commonly known as LEOFF II, shall enroll to receive Long Term Disability Insurance coverage through the provisions of policies held by the City with Standard Insurance Company. The City shall pay a maximum of $12.50 per month per eligible and enrolled employee toward premium costs. The remainder of all premium costs shall be borne by the enrolled employee and shall be paid to Standard Insurance Company through payroll deductions authorized by each enrolled employee. 11.5 Insurance Reserves, Rebates and Surpluses: The City shall require the KPS medical plan provider to provide a structured accounting to the City at least annually. Such accounting shall include plan utilizations, all reserve accounts maintained for the plan, interest eamed on reserves, administration costs and coinsurance (pooling) costs. This accounting shall be made available to the Association upon request. The City agrees that premium rebates, reserve account rebates or any other monetary returns to the employer from the insurance providers together with subsequent interest earnings thereon shall be used exclusively to defray the costs of premium increases in the plan, and increase benefit levels, or other health related purposes determined appropriate by the Insurance Benefits Committee. Premium increases shall be any increase over the 1994 levels. COLLECTIVE BARGAINING AGREEMENT PAGE 10 CITY OF BREMERTON / POLICE MANAGEMENT ASSOCIATION JANUARY 9, 1997 11.6 INSURANCE COMMITTEE m The Insurance Benefits Committee shall be comprised off the following members: Mayor or designee, Human Resources Manager or designee, Administrative Services Director of designee, one employee selected by the non- represented management and professional employees, and one individual selected by each of the recognized unions. The committee shall elect a chair and any other officers it deems appropriate. 11.7 Any co-pays not in effect January 1, 1997, must be approved by the Insurance Benefits Committee. ARTICLE 12 ............ CLOTHING AND UNIFORM CLEANING ALLOWANCE 12.1 PURCHASE OF UNIFORMS -- The employer shall establish a Clothing Allowance Fund for the Bremerton Police Department. Each police officer shall be furnished uniforms as designated by the Chief of Police. Such uniforms shall be replaced on an as needed basis from the Clothing Allowance Fund, as determined by the Police Department Administration Office. All uniforms purchased by the Employer are to be and remain the property of the Employer. 12.2 CLOTHINGALLOWANCE --An annual allowance of four hundred twenty five ($425.00) per year will be provided to non uniformed, sworn personnel. Such allowance shall be paid dudng the month of January. The employer shall withhold the necessary federal income tax from the cleaning allowance as required by the Federal tax code as now written or hereinafter amended. 12.3 UNIFORM CLEANING ALLOWANCE --There shall be an annual uniform cleaning allowance of three hundred dollars ($300) This applies to all personnel covered by this agreement. Such allowance shall be payable in January. An employee will not be required to pay back to the Employer funds received for the purpose of clothing or cleaning allowance after the employee has received such payment. The employer shall withhold the necessary federal income tax from the cleaning allowance as required by the Federal tax code as now written or hereinafter amended. 12.4 CLEANING CONTRACT -- In the event the Employer secures a cleaning contract with an independent cleaning company dudng the term of this Agreement, 12.3 will become null and void. 12.5 ALTERNATE CLOTHING AND UNIFORM CLEANING ALLOWANCE REIMBURSEMENT METHOD --At the employee's option, she or he may submit appropriate receipts for reimbursement of either or both of these allowances. This method will be in lieu of the provisions of Article 12.2 and 12.3. An employee must inform the Treasurer's Office no later than January 1 of each year that she or he wishes to utilize this alternative. COLLECTIVE BARGAINING AGREEMENT PAGE 11 CITY OF BREMERTON / POLICE MANAGEMENT ASSOCIATION JANUARY 9, 1997 ARTICLE 13 ............ PERSONNEL PRACTICES 13.1 DEFINITIONS -- For the purpose of interpreting the provisions of this agreement, the following definitions shall apply: 13.1.1 Probationary Employee: An employee serving a twelve- month period commencing upon the initial date of hire as a permanent employee during which the employee may be discharged at the sole discretion of the City, consistent with applicable Civil Service Rules and Regulations and without recourse to the grievance procedure. 13.1.2 Promotional Probation: A twelve-month period commencing upon the initial date of a permanent promotional appointment during which a promoted employee who is unable to perform the duties of the higher level position shall be returned to his or her previous classification at the time of appointment at the sole discretion of the City, consistent with applicable Civil Service Rules and Regulations and without recourse to the grievance procedure. 13.1.3 LEOFF I Employee: An employee who qualifies for and is a member of the Washington State Retirement System commonly known as "LEOFF I". 13.1.4 LEOFF II Employee: An employee who qualifies for and is a member of the Washington State Retirement System commonly known as "LEOFF I1". 13.2 PROMOTIONS AND VACANCIES -- All personnel reductions, filling of vacancies and promotions shall be handled in accord with existing Civil Service Rules and Regulations and shall not be subject to the grievance procedure. 13.3 INDEMNIFICATION OF EMPLOYEES -- The City shall provide legal defense and will pay all legitimate claims, settlements, judgements, and associated costs for employees and their madtal communities named as parties or defendants in claims or lawsuits as a result of acts or omissions made in the good faith performance of the City's business. ARTICLE 14 ............ ACADEMIC INCENTIVE 14.1 An employee engaged in the pursuit of either undergraduate or graduate degrees related to the Law Enforcement profession shall receive limited tuition assistance if he or she meets the following guidelines: 14.1.1 Tuition assistance is limited only to those courses related to Law Enforcement subjects and matriculation is in a state community college, state college or university in the State of Washington. 14.1.2 The City will pay $60 per quarter unit or $90 per semester unit to a maximum of 10 units for course registration fees only. COLLECTIVE BARGAINING AGREEMENT PAGE 12 CITY OF BREMERTON / POLICE MANAGEMENT ASSOCIATION JANUARY 9, 1997 14.1.3 Only full time employees in good standing in the Bremerton Police Department are eligible for tuition assistance. 14.1.4 Tuition assistance shall continue as long as a grade of C or better is maintained. 14.1.5 The Police Chief shall have the authority to grant tuition assistance pursuant to the provisions of A above and shall have the authority to terminate tuition assistance if cause is shown. ARTICLE 15 ............ MANAGEMENT RIGHTS 15.1 Any and all dghts concerned with the management and operation of the Police Department are exclusively that of the City unless otherwise provided by the terms of this Agreement. The City has the right, among other actions, to adopt rules for the operation of the Department and conduct of the employees, to discipline, suspend or discharge employees for cause, to assign work and determine duties of employees, to determine number of personnel to be assigned duty at any time, to determine and introduce new work methods or facilities to increase productivity for operation of the Department and to perform all of the functions not otherwise expressly limited by this Agreement. Provided, nothing herein shall be construed as a waiver of collective bargaining dghts conferred on the parties by RCW 41.56. ARTICLE 16 ............ GRIEVANCE PROCEDURE 16.1 DEFINITIONS 16.1.1 GRIEVANCE -- A grievance is an allegation of a violation of the terms and conditions of this agreement which is to be resolved through this Grievance Procedure. 16.1.2 CIVIL SERVICE APPEAL -- An appeal is an allegation of a violation of the Civil Service Rules which is to be resolved through the Civil Service Appeals procedure and is not resolvable through this Grievance Procedure. 16.1.3 UNFAIR LABOR PRACTICE --An Unfair Labor Practice charge is an allegation of a violation of the Washington State statutes governing public employment labor relations which is to be resolved through the Public Employment Relations Commission's rules and regulations and is not resolvable through this Grievance Procedure. 16.2 STEP I -- An employee who believes that the terms and conditions of this agreement have been violated shall first discuss the action giving rise to the belief with the Police Chief within fourteen (14) calendar days of the date the action took place or within fourteen (14) days of the date upon which the employee could reasonably have been COLLECTIVE BARC~INING AGREEMENT PAGE 13 CITY OF BREMERTON / POLICE MANAGEMENT ASSOCIATION JANUARY 9, 1997 expected to know of such action. The employee shall have the right to be assisted by an authorized Association representative during this discussion. 16.3 STEP 2 -- In the event that the Police Chief does not resolve the grievance to the satisfaction of the employee at Step 1 of this procedure, the employee shall reduce the grievance to wdting and shall state: the section (or sections) of this agreement which is alleged to have been violated; an explanation of the grievance in detail, including dates, actions and such other information necessary to a full investigation of the facts and circumstances giving rise to the grievance; and the remedy sought. The employee shall have the right to be assisted by an authorized Association representative in reducing his or her grievance to writing. The employee shall present the written grievance to the Police Chief within fourteen (14) calendar days of the date the employee met with the Police Chief. The Police Chief will reduce his or her decision on the grievance to writing and shall transmit the decision to the employee with a copy to the Association representative within fourteen (14) calendar days of receiving the written gdevance. 16.4 STEP 3 -- In the event that the Police Chief does not resolve the grievance to the satisfaction of the employee at Step 2 of this procedure, the Association shall, on behalf of the employee, transmit a copy of the odginal grievance along with a copy of the Police Chief's written response to the Director of Personnel and the Mayor within fourteen (14) calendar days of receipt of the Police Chief's written response. The Director of Personnel and the Mayor shall consider the grievance and may convene a meeting with the Association representative in an attempt to resolve the grievance. The Director of Personnel shall reduce his or her decision to writing within fourteen (14) calendar days of receipt of the grievance and transmit the decision to the Association. 16.5 STEP 4 -- In the event that the Director of Personnel and the Mayor do not resolve the grievance at Step 3 of this procedure, the Association may request arbitration of the issue by written notification to the Director of Personnel. The Director of Personnel and the Association shall meet within fourteen (14) calendar days of the date upon which the Director of Personnel rendered his or her written decision on the grievance and shall select a neutral arbitrator by mutual agreement or through a mutually agreeable process. 16.6 POWERS AND DUTIES OF THE ARBITRATOR -- It shall be the duty of the arbitrator to conduct a heedng on the issue or issues submitted by the parties for derision. The hearing shall be kept informal and private. The arbitrator shall interpret the provisions of this agreement as they apply to the issue or issues submitted for decision and shall not add to, subtract from nor in any way otherwise alter nor recommend the alteration of the terms and conditions of the agreement in deciding the matter. As soon as is practicable after conducting the hearing, the arbitrator shall render a written decision which shall be binding upon the parties. COLLECTIVE BARGAINING AGREEMENT PAGE 14 CITY OF BREMERTON / POLICE MANAGEMENT ASSOCIATION JANUARY 9, 1997 16.7 COSTS OF ARBITRATION -- The expenses of the neutral arbitrator shall be borne equally by the parties. Each party shall singly bear all costs related to preparing and presenting its own case before the arbitrator, including costs of witnesses. The party desiring a record of the proceedings shall bear the cost of obtaining such record. 16.8 TIME LIMITS -- Time limits established in this procedure shall be stdctly adhered to but may be waived by mutual agreement of the Association and the City. All procedures contained herein shall be complied with as expeditiously as practicable. ARTICLE 17 ............ SEVERABILITY 17.1 In the event that any provision of this Agreement is held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article should be restrained by such tdbunal pending a final determination as to its validity, the remaining provisions of this Agreement shall not be held invalid and shall remain in full force and effect. The Association and the City shall immediately meet and attempt to renegotiate any provision found invalid. ARTICLE 18 ............ ENTIRE AGREEMENT 18.1 The Association and the City acknowledge that each has had the unlimited right and opportunity to make proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that dght are set forth in this Agreement. Therefore, the City and the Association each voluntarily and unqualifiedly agree to waive the dght to oblige the other party to bargain with respect to any subject og"matter not specifically covered by the Articles of this Agreement dudng the term of this Agreement, except as mutually agreed upon. ARTICLE 19 ............ CONFLICTING PROVISIONS 19.1 In the event that any provision of this Agreement is found to be in conflict with any other Resolution, Ordinance, Policy, Regulation or Rule of the City, the provision of this agreement shall prevail. ARTICLE 20 ............ TERM 20.1 This Agreement shall become effective January 1 1997 and shall remain in effect through December 31 1999 and may be extended thereafter by mutual agreement. The City or the Association may request reopening of this Agreement any time within six (6) months of the expiration for the purpose of negotiating changes to be effective following the expiration of this Agreement with such notice to be in wdting to the other party. COLLECTIVE BARGAINING AGREEMENT PAGE 15 CiTY OF BREMERTON / POLICE MANAGEMENT ASSOCIATION JANUARY 9, 1997 This agreement is hereby submitted to the Bremerton City Council for approval. Upon the approval of the Council, this agreement shall become binding upon the City, the Association and all of the employees in the bargaining unit covered by this agreement. day of"-~-~'~-~ ,1997 DATED THIS CITY OF BREMERTON: BREMERT(~N POLICE MAN,~GEMENT Paul Du Frense, Police Chief Ly~n Horton, Mayor ATTEST: Kathleen McCluskey, City Clerk I~n~R. S~v~Attomey COLLECTIVE BARGAINING AGREEMENT PAGE 16 CITY OF BREMERTON / POLICE MANAGEMENT ASSOCIATION JANUARY 9, 1997 APPENDIX A TO THE LABOR AGREEMENT BY AND BETVVEEN THE CITY OF BREMERTON AND BREMERTON POLICE MANAGEMENT ASSOCIATION JANUARY 1, 1997 THROUGH DECEMBER 31, 1999 Pursuant to Article 4, Salaries, this APPENDIX is supplemental to the Agreement by and between the CITY OF BREMERTON, WASHINGTON ("Employer") and the BREMERTON POLICE MANAGEMENT ASSOCIATION, ("association"). A.1 Effective January 1, 1997, the base monthly rates of pay for employees shall be as follows: Classification Step 1 Step 2 Step 3 Step 4 Step 5 0-12 mo. 13-24 mo 25-36 mo 37-48 mo 49+ mo Lieutenant $4,078 $4,293 $4,519 $4,757 $5,007 Monthly Captain $4,608 $4,851 $5,106 $5,375 $5,658 Monthly DATED THIS day of ,1997 CITY OF BREMERTON: BREMERTOI~ POLICE MANAGEI~NT /~ Mej~h, Hum~ln Resources Director L ~m~ ~// COLLECTIVE BARGAINING AGREEMENT PAGE 17 CITY OF BREMERTON / POLICE MANAGEMENT ASSOCIATION JANUARY 9, 1997 APPENDIX B TO THE LABOR AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON AND BREMERTON POLICE MANAGEMENT ASSOCIATION JANUARY 1, 1997 THROUGH DECEMBER 31, 1999 Appendix B is attached for informational purposes only and is not subject to Article 16 of the Agreement. POLICE OFFICERS' BILL OF RIGHTS Section 1 - The wide ranging powers and duties given to the Police Department and its members involve them in all manner of contacts and relationships with the public. Of these contacts come many questions concerning the actions of members of the force. These questions often require immediate investigation by superior officers designated by the Chief of the Bremerton Police Department. In an effort to insure that these investigations are conducted in a manner which is conducive to good order and discipline, the following guidelines are promulgated: A. Internal Investigation Defined. For the purposes of this Appendix, the term "internal investigation" means an investigation by or under the authority of the Chief of Police of activities, circumstances or events pertaining to the conduct or acts of a City law enforcement employee. Such investigation shall be deemed a "criminal investigation" where it is suspected that such conduct or acts are or may be the basis for filing a criminal charge against such employee, and shall be deemed a "major investigation" where it is suspected that such conduct or acts may also or alternatively be the basis for discharge, suspension or other discipline of such employee. B. Employee Advised of Alleged Misconduct. Every employee who becomes the subject of an internal investigation shall be advised at the time of any interview in connection therewith that, as the case may be, (s)he is suspected of: (1) Committing a criminal offense; (2) Misconduct which would be grounds for termination, suspension, or other disciplinary action; or that (s)he may be qualified for continued employment with the Police Department. At the time of the interview such employee shall also be informed of the name of the officer in charge of the investigation and the name of the officer who will be conducting the interview. COLLECTIVE BARGAINING AGREEMENT PAGE 18 CITY OF BREMERTON / POLICE MANAGEMENT ASSOCIATION JANUARY 9, 1997 C. Representation by Counsel. Any employee who becomes the subject of a criminal investigation may have legal counsel present during all interviews of such employee. Such representation by counsel shall be confined to counseling and shall not be authority for any participation by counsel in the investigation. D. Employee to be Informed in Writing-Recorded Interviews. In the case of any major investigation and before any interview commences, the employee to be interviewed shall be informed in writing of the nature of the investigation including information necessary to reasonably appraise him/her of the allegations of any complaint and (s)he shall be afforded an opportunity and facilities to contact and consult privately with an attomey of his/her own choosing before being interviewed. Such employee may request that the interview be recorded, either mechanically or by a stenographer, and no questions shall be asked "off the record". Upon request, the employee under investigation shall be provided an exact copy of any written statement (s)he has signed and a verbatim transcript of any interview of such employee. E. Interviewing Procedures. Interviews shall be held at a reasonable hour and preferably when the employee to be interviewed is on duty unless the exigencies of the interview indicate othe~vise. Whenever possible, interviews shall be scheduled dudng the normal work day of the City. Interviewing shall be completed within a reasonable time and shall be accomplished under circumstances devoid of intimation or coercion. The employee being interviewed shall be entitled to such intermissions as (s)he shall request for personal necessities, meals, telephone calls, and rest periods. All interviewing shall be limited to the conduct or acts of the employee under investigation which form or may form the basis for disciplinary action, termination of employment or the filing of criminal charge. F. Intimidation of Employee Prohibited. No employee under investigation shall, as a ~se for obtaining such employee's resignation, be falsely threatened with dismissal or other disciplinary action should (s)he refuse to resign, nor shall (s)he be subjected to abusive language or in any other manner intimated or offered promises or reward as an inducement to answer questions. COLLECTIVE BARGAINING AGREEMENT PAGE 19 CITY OF BREMERTON / POLICE MANAGEMENT ASSOCIATION JANUARY 9, 1997 ~ AROR AGRF~EMF~NT BY AND BETWEEN TI . CITY OF BREMF. RTON and BRF-MRRTON POI.ICE MANAGEMF. NT ASSOCIATION January 1, 1994 through December 31, 1996 L~OR AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and BREMERTON POLICE MANAGEMENT ASSOCIATION ~anuary 1, 1994 through December 31, 1996 T&BLE OF CONTENTS ARTICLE 1. DISCRIMINA~ON ALLEGATIONS ARTICLE 2. ~ 1 ARTICLE 3. ASSOCIATION ACCESS 1 ARTICLE 4. WAGES 2 4.1 ~ 2 4.2 ~ 2 4.3 Temporary Ass'_~nment to Hi~er Level Position 2 ARTICLE 5. ~ 2 ARTICLE 6. ~ 3 6.~ ¥~ 3 6.4 l~axlmum Vacation Accrual 3 6.5 ~ 4 ARTICL~ ?. HOLIDA~ 4 ?.! Holida_w Observed 4 ?.2 ~ 4 ?.3 Alternative d~_vs of Holiday Obserwtion 4 ?,4 4 i TABLE OF CONTENTS ARTICLE 8. SICK LEAVE AND 131DIJ~ DISABILITY 4 8.1 ~ 4 8.2 Maximum Sick Leave Accrual 4 8.3 ~ 4 8.4 Sick Leave Retirement or Death Pa_vment 5 8.~ ~ ~ 8.6 Notification of Sick Leave U~e $ 8~7 Sick Leave Documentation and Anoroval 6 8.8 Industrial Disability for LEOFF I-~m_nloy~ 6 8.9 Industrial Disability Leave for LEOFF H l~mnlovee~ 6 ARTICLE 9. OTI4KR PAID LKAVF,, 6 9.1 ~ 6 9.2 Jury_ Du_ty. Witness Leave 6 9.3 ~acz.Lra~ 6 9.4 ~ 6 ARTICLE 10. RETIREMENT BENEFITS 7 ARTICLE 11. INSURANCE B~,,NEFITS 7 11.1 ~ 7 11.2 Insurance Premium Pa_vments 7 11.3 ~ 7 11.5 Insurance Reserves. Rebates and Sur~_ luses ? ARTICLE 12. CLOTHING AND UNIFORM CLEANING ALLOWANCK 8 12.1 ~ 8 12.2 ~llliJi/g.~li~ 8 12.3 Uniform Cleaning AHowance 8 12.4 ~ 8 ARTICLE 13. PERSONNEL PRACTICES 8 13.1 ~ 8 13.2 Promotions and Vacancies 8 13.3 Indemnification of Emolovees 9 ARTICLE 14. ACADEMIC INCENTIVE 9 TABLE OF CONTENTS ARTICLE 1~. MANAGEMENT RIGHTS 9 ARTICLE 16. GlilEVANCE PROCEDURE 9 16.1 9 16.2 STEP1 10 16.3 ST~P2 10 16.4 ST~P3 10 16.5 STP~4 10 16.6 Powers and Duties of the Arbitrator 10 16.8 ~ 11 ARTICLE 17, ~ 11 ARTICLE l& ~ 11 ARTICLE 19, CONFLICTING PROVISIONS 11 SIGNATURES AND APPROVALS 12 WAGE RATES E~tl~e Januar~ I 1994 APPENDIX A POLICE OFFICERS' BILL OF RIGHTS APPENDIX B LABOR AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON BREMERTON POLICE MANAGEMENT ASSOCIATION Janmu-y 1, 1994 through December 31, 1996 This Agreement is made and entered into pursuant to the provisions of RCW Chapter 41.56 by and between the City of Bremerton, a municipal corporation of the State of Washington, hereinafter known as the "City~, and the Bremerton Police Management Association hereinafter known as the #Association" for the purpose of setting forth the wages, hours and other terms and conditions of employment which shall be in effect during the term of this agreement for employees included in the bargaining unit described in Article 2 below. ARTICLE 1. DISCRIMINATION ALI.g~ATIONS An employee who believes that he or she has been the subject of unlawful discrimination on the basis of political affiliation, age, sex, marital status, race, creed, color, religion, national origin or activity protected by RCW 41.56 shall seek relief through the City's Equal Employment Opportunity Complaint Procedure or the appropriate state or federal agency charged with investigating such matters and shall not process such complaints through the Grievance Procedure of this Agreement. ARTICLE 2. RECOGNITION The City recognizes the Association as the sole and exclusive bargaining representative for the purpose of negotiations concerning wages, hours and conditions of employment for all employees in classifications set forth in Appendix A and such classifications as may be added to the bargaining unit during the term of this Agreement. ARTICLE 3. ASSOCIATION ACCESS Association business such as handling grievances and other legitimate routine matters may be conducted on Police Department premises provided that such business does not interfere with Police Department operations and is authorized by the Police Chief. 4.1 ~: Monthly wages shall be paid as set forth in Appendix A which is attached hereto and made a part hereof: Base wage rates shall be adjusted by the same percentage as the Base Wage Rates of Police Sergeant are adjusted effective January 1 1994 plus an additional 2% to increase the differential between the top step Sergeant base wage rate and the top step Captain base wage rate to 22%. Base wage rates shall be adjusted by the same percentage as the Base Wage Rates of Police Sergeant are adjusted effective January I 1995 plus an additional 1.5% to increase the differential between the top step Sergeant base wage rate and the top step Captain base wage rate to 23.5%. Base wage rates shall be adjusted by the same percentage as the Base Wage Rates of Police Sergeant are adjusted effective January 1 1996 plus an additional 1.5% to increase the differential between the top step Sergeant base wage rate and the top step Captain base wage rate to 25%. 4.2 ~: Advancement from Step A to Step B will occur upon the positive recommendation of the Police Chief and after completion of twelve (12) months of continuous service at Step A. In the event an employee at Step A is on leave of absence without pay, the employee's advancement to Step B will be extended by the actual number of days the employee was absent on such leave. 4.2 Tem_oorarv A,ss'_~unent to Hi_~her Level Position: The Police Chief or, in the absence of the Chief, the Mayor may provide a written directive to an employee to perform all or a part of the duties and accept all or a part of the respons~ilities of a higher level classification. The employee so directed shall have his or her salary rate adjusted for the duration of the assignment as if he or she had been promoted to the higher classification provided, however, that such adjustment shall be no less than 4%. Other benefits provided such an employee through the provisions of this agreement shall not be affected and no benefits of the higher level classification shall apply to the employee during the assignment. This provision shall not apply in situations when the Police Chief designates an employee to serve in an "Act'mg~ capacity during the absence of the Chief for vacations, while attending conferences, and other such usual and customary absences. ARTICLE 5. ~]O~d~.F~,~ Employees shall work such hours as are assigned by the Police Chief which shall be at least forty (40) hours per week, including paid holiday, vacation and sick leave time. In addition, employees shall serve on emergency standby status during such periods as are assigned by the Police Chief and are subject to emergency callback at any time. Employees covered by this agreement are exempt from the overtime provisions of the Fair Labor Standards Act. 2 ARTICLE 6. VACATION I.,F_~V~ 6.1 Vacation Accrual: Employees shall accrue vacation time with pay for all regularly scheduled work time including paid leave time pursuant to the following schedule: Period of Continuous ~.1~.~]~]~1~ Hours Accrued~year Date of Hire through S years 104 Hours 6th year 120 Hours ?th year 128 Hours 8th year 136 Hours 9th year 144 Hours 10th year 1S2 Hours llth year 160 Hours 12th year 168 Hours 13th year 176 Hours 14th year 184 Hours 1Sth year 192 Hours 16th year 200 Hours 17th year and thereafter 208 Hours 6.2 ~: An employee becomes eligible to take accrued vacation time upon completion of six C6) months of continuous employment. Vacation time must be fully accrued prior to the time an employee takes any vacation time off. 6.3 ~: Annual vacation leave shall be authorized by the Police Chief or the Chief's designee. Personnel shall schedule vacation leave by mutual agreement of the employee and the Police Chief or the Chief's designee. 6.4 Maximum Vacation A~'~al: The maximum number of vacation accrual hours that any employee shall be allowed to carry forward from one calendar year to the next is as follows: Years of Continuous Emt~lovment ~ 0 through Five CS) years 160 hours More than Five CS) years 240 hours In the event an employee has been prohibited from taking sufficient vacation time to reduce his or her vacation balance to the maximum allowable carryover at the end of a calendar year, the excess hours shall be paid out in cash at the employee's straight time hourly rate unless the City Council approves an extension of the time period beyond the end of the calendar year during which the employee must take ali vacation hours which exceed the maximum allowable carryover. An employee who fails to request scheduled vacation time during the year and who's accrued vacation hours exceed the maximum calTy over balance at the end of the calendar year shall forfeit such excess vacation hours. 6.5 ~: Upon the retirement or termination of an employee who has served six (6) continuous full months of employment or more, or upon the date of an employee's disability retirement, the accrued vacation hours of such an employee will be paid to the employee in a cash lump sum payment. ARTICLE 7. HOLIDAYS 7.1 ~: The following holidays shall be observed by the City: New Year's Day Labor Day Martin Luther King's Birthday Veteran's Day President's Day Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas In addition, any other holiday le?lly proclaimed by the Federal or State government, provided that the City takes official action to have such holiday also observed by the City. 7.2 {~.~J~: Each employee shall be allowed one additional holiday to be observed by the employee on a day mutually agreeable to the employee and the Police Chief. 7.3 Alternative days of Holiday Qb~rvation: If a holiday observed by the City falls on a Saturday, the holiday will be observed on the preceding Friday. If a holiday f~ll.~ on a Sunday, the holiday will be observed on the following Monday. If the day a holiday is observed by the City falls on an employee's regularly scheduled day off, the employee shall receive an alternate day as a paid holiday. 7.4 ~d~{{{~{~: An employee shall receive eight (8) hours of time offwith pay for each holiday observed by the City and for a floating holiday of each employee's choice. ARTICLE 8. SICK LEAVE AND INDUSTRIAL DISABILITY 8.1 ~,~Z~{~: Employees shall accrue sick leave time with pay at the rate of .046154 hours for all normal hours of work including paid leave. The maximum annual accrual will be 96 hours. 8.2 Maximum Sick Leave Accrual: Employees shall be able to accrue sick leave to a maximum of 960 hours. 8.3 ~.~~: An employee who has more than five (5) years of continuous full time paid employment with the City and who takes thirty-two (32) hours or less of sick leave in the calendar year following the fifth year of employment and any subsequent calendar year, shall have eight (8) hours added to his or her vacation leave balance at the beginning of the following calendar year. 4 8.4 Sick Leave Retirement or Death Payment: An employee who retires from City service ona service retirement shah be provided a Sick Leave Retirement Payment of thirty-five percent (35%) of the employee's accrued and unused sick leave hours to a maximum of 35% of 960 hours (a maxhnum total of 336 hours). The payment will be made to the employee at the employee's regular hourly wage rate in effect at the time of retirement or death. 8.5 ~: Sick leave must be accrued prior to use by an employee. Sick leave shall be made available to each employee up to the amount of each employee's accrued sick leave balance hours due to: A. The temporary disability of an employee resulting from his or her personal illness or injury. B. Providing care for an employee's children under the age of 18 when they have a health condition that requires supervision or treatment. C. Attending medical, dental and/or oculist appointments as needed for preventive or rehabilitative health care of the employee or the employee's children when such care requires parental presence to supervise or authorize treatment. D. Upon the birth or adoption of a child, a father may use up to three (3) days of accrued sick leave. E. Providing for an employee's immediate family member when the family member has a health condition that requires the assistance of an adult caretaker until such time as other care can be arranged. No more than five (5) days of sick leave can be used for this purpose per calendar year, unless as otherwise provided in this section or by law. 8.6 Notification of Sick Leave ~lse: An employee who is absent or expects to be absent from work due to causes specified in 8.5 above, shall provide notification as follows: A. ~: An employee who schedules a routine medical, dental or oculist appointment shah make every reasonable effort to .nc. hedule such an appointment at a time which will cause the least interference with the employee's work hours and duties. The employee shall give prior notice of the date and time of the appointment to his or her immediate supervisor. An employee's immediate supervisor may request that the employee reschedule routine appointments when, in the judgment of the supervisor, the scheduled abzence of the employee would unduly interfere with the operations of the Department. An immediate supervisor shall not unreasonably deny an employee sick leave with pay for routine medical, dental or oculist appointments. B. ]J. II~L~&I~&: An employee who is absent from work or will be unable to report to work as scheduled due to personal illness or injury, or for other causes specified in 8.5 above, shall promptly notify the department by telephone or otherwise by 0800 of the day of his or her scheduled work day. C. Sick Leave during Authorized Paid Leave: An employee who becomes ill or is injured during the employee's paid vacation or compensatory time off for accumulated overtime, may request the conversion of such paid leave to sick leave with pay by promptly notifying the department of the illness or injury and providing such information as is required by the department to verify the appropriateness of such a conversion. 8.7 Sick Leave Documentation and Approwl~ An employee who has been absent on sick leave shall, within thirty-six hours after returning to work, submit such forms and provide such information as are required by the Department to approve the use of sick leave with pay for the absence. The Department may require an employee to demonstrate that he or she has sought treatment, taken appropriate precautions or otherwise effected measures to correct the condition causing the employee's absence. Such demonstrations may take the form of personal statements of the employee, medical examinations or certifications of appropriate professionals, or other methods appropriate to the circumstances. The Department may require an employee to provide certification by a professional physician that the employee is sufficiently recovered as to be able to return to work without posing a health hazard to himself or herself or to other members of the work. force. Sick leave must be approved by the Department prior to payment. The Department shall not unreasonably withhold approval of sick leave with pay from employees. 8.8 Industrial Disabili _ty for LEOFF I Em_nloye~s: An employee who qualifies for and is included in the Washington State Retirement System commotdy referred to as "I.I~OFF I", who becomes disabled, and whose disability extends beyond a period of six (6) full months, shall apply for disability retirement benefits provided through LEOFF I. 8.9 Industrial Disabili _ty Leave for LEOFF II F~m_n|O_W~-*: An employee who qualifies for and is included in the Washington State Retirement System commonly referred to as "LEOFF II", and who incurs a work-related illness or injury shall be provided with such compensation as is made available through Workers' Compensation time-loss benefits as provided by Washington State Law. ARTICLE 9. lll~AID_/,,~a3~ 9.1 l~d~dlt~.,~l~: An employee will be granted three (3) days of bereavement leave for attending funerals in the State of Washington and five (5) days for out of state funerals of members of the employee's immediate family. Immediate family shall be defined as spouse, child, stepchild, mother, father, mother/father in-law, brother, sister, bother/sister in-law, grandparents and grandchildren of beth the employee and the employee's spouse. All time off for bereavement leave shall be charged against an employee's vacation/holiday, sick leave or compensatory time leave balance at the option of the employee. 9.2 Jury_ Du _ty. Witness Leave: An employee shall be granted leave of absence with pay for the purpose of reporting to Jury Duty or if subpoenaed as a witness. Any juror or witness fees received by the employee for the performance of such duties shall be assigned to the City. 9.3 Military_ Leave: A leave of absence with pay for a period not to exceed 15 working days will be granted to an employee for the purpose of attending training as a member of the organized military reserves of the United States or of the State of Washington. 9.4 ~: In the event of an unforeseen emergency which requires the absence of an employee such as the illness, injury or death of a member of an employee's immediate family, the employee shall notify his or her immediate supervisor as soon as poss~le of the required absence. Such emergency leave may be charged to an employee's unused vacation/holiday or compensatory time leave balance. ARTICLE 10. RETIREMENT BENEFITS Each employee shall be enrolled in the Washington State Retirement system for which he or she qusllfles. Only for the purposes of federal income taxation, the gross income of each employee shall be reduced by the amount of employee contributions to the respective retirement system which is picked up by the City. ARTICLE 11. INSURANCE BENEFITS 11.1 ~d~I/~i~llll~l~: The City shall make medical insurance coverage available to employees and their dependents follows: Kitsap Physician's Service Plan A for Employees and Plan B for Dependents Group Health Cooperative for Employees and Dependents 11.2 Insurance Premium Payments.' Insurance Premium Payments: Payment of insurance preminrns shall be made as follows: Employee and dependent premiums paid in full by the City. 11.3. ~: The City shall provide the same benefit levels as are conta/ned in the Washington Dental Service Phn A dental insurance coverage for employees and their dependents and provide for full payment of insnrance premiums. 11.4 ]~[~i~/: Employees who are covered, by the Washington State Retirement System commonly known as LEOFF I~ shall enroll to receive Long Term Disabil/ty Insurance coverage through the provisions of policies held by the City with Standard Insurance Company. The City shall pay a maximum of $10 per month per el/~'ble and enrolled employee toward premium costs. The remainder of all premium costs shall be borne by the enrolled employee and shall be paid to Standard Insurance Company through payroll deductions authorized by each enrolled employee. 11.5 Insurance Reserves. Rebates and Sum_ lu~-~: The City shall require the KPS medical plan provider to provide a structured accounting to the City at least annually. Such accounting shall include plan util/zations, ali reserve accounts maintained for the plan, interest earned on reserves, adm/n/stration costs and coinsurance (pool/ng) costs. This accounting shall be made available to the A.~oc/ation upon request. The City agrees that the bar~injng un/t's pro-rata share of any premium rebates, interest rebates, surplus reserve account rebates or any other monetary returns to the employer from the insurance providers together with subsequent interest earnings thereon shall be used exclusively to defray the costs of prem/um increases in the plan or increase benefit levels. 12.1 ~r..~i,~ll~a~: The employer shall establish a Clothing Aliowance Fund for the Bremerton Police Department. Each police officer shall be furnished uniforms as designated by the Chief of Police. Such uniforms shall be replaced on an as needed basis from the Clothing Allowance Fund, as determined by the Police Department Administration Office. All uniforms purchased by the Employer are to be and remain the property of the Employer. 12.2 f~.~/~11~: An annual allowance of four hundred twenty five ($42.5.00) per year will be provided to non uniformed, sworn personnel. Such allowance shall be paid during the month of January. 12.3 Uniform Cleanin_~ Allowance: There shall be an annual un/form cleaning allowance of two hundred seventy five dollars ($275.00). This applies to ali personnel covered by tiffs agreement. Such allowance shall be payable in January. An employee w/Ii not be requ/red to pay back to the Employer funds received for the purpose of clothing or cleaning allowance after the employee has received such payment. 12.4 ~l~i~: In the event the Employer secures a cleaning contract with an independent cleaning company during the term of this Agreement, 12.3 will become null and void. ARTICLE 13. PERSONI~L PRACTIC~ 13.1 ~: For the purpose of interpreting the provisions of this agreement, the following definitions shall apply: A. ~: An employee serving a twelve- month period commencing upon the initial date of hire as a permanent employee during which the employee may be discharged at the sole discretion of the City, consistent with applicable Civil Service Rules and Regulations and without recourse to the grievance procedure. B. ~: A twelve-month period commencing upon the initial date of a permanent promotional appointment during which a promoted employee who is unable to perform the duties of the higher level position shall be returned to his or her previous classification at the time of appointment at the sole discretion of the City, consistent with applicable Civil Service Rules and Regulations and without recourse to the grievance procedure. C. ~dlllli/L'/l~: An employee who quslifies for and is a member of the Washington State Retirement System commonly known as 'LEOFF I'. D. ~J~._~.~lil~d: An employee who qualifies for and is a member of the Washington State Retirement System commonly known as 'LEOFF 13.2 Promotions and Vacancies: All personnel reductions, filling of vacancies and promotions shall be handled in accord with existing Civil Service Rules and Regulations and shall not be subject to the grievance procedure. 13.3 Indemnification of Emnlovees: The City shall provide legal defense and will pay all legitimate claims, settlements, judgements, and associated costs for employees and their marital communities named as parties or defendants in claims or lawsuits as a result of acts or omissions made in the good faith performance of the City's business. ARTICLE 14. ACADEMIC INCENTIVE An employee engaged in the pursuit of either undergraduate or graduate degrees related to the Law Enforcement profession shall receive limited tuition assistance if he or she meets the following guidelines: A. Tuition assistance is limited only to those courses related to Law Enforcement subjects and matriculation is in a state community college, state college or university in the State of Washington. B. The City will pay $60 per quarter unit or $90 per semester unit to a maximum of 10 units for course registration fees only. C. Only full time employees in good standing in the Bremerton Police Department are ellg~"ole for tuition a~istance. D. Tuition a~istance shall continue as long as a grade of C or better is maintained. E. The Police Chief shall have the authority to grant tuition assistanco pursuant to the provisions of A above and shall have the authority to terminate tuition assistance if cause is shown. ARTICLE 15. MANAGEMENT RIGHTS Any and all rights concerned with the management and operation of the Police Department are exclusively that of the City unless otherwi~ provided by the terms of this Agreement. The City has the right, among other actions, to adopt rules for the operation of the Department and conduct of the employees, to discipline, suspend or discharge employees for c~use, to assign work and determine duties of employees, to determine number of personnel to be assigned duty at any time, to determine and introduce new work methods or facilities to increase productivity for operation of the Department and to perform all of the functions not otherwise expressly limited by this Agreement. Provided, nothing herein shall be construed as a waiver of collective bargaining rights conferred on the parties by RCW 41.56. ARTICLE 16. GRIEVANCE PROCEDURE 16.1 ~: A. ~: A grievance is an allegation of a violation of the terms and conditions of this agreement which is to be resolved through this Grievance Procedure. B. ~: An appeal is an allegation of a violation of the Civil Service Rules which is to be resolved through the Civil Service Appeals procedure and is not resolvable through this C~rievance Procedure. C. ' ' : An Unfair Labor Practice charge is an allegation of a violation of the Washington State statutes governing public employment labor relations which is to be resolved through the Public Employment Relations Commission's rules and regulations and is not resolvable through this Grievance Procedure. 16.2 STEP 1: An employee who believes that the terms and conditions of this agreement have been violated shall first discuss the action giving rise to the belief with the Police Chief within fourteen (14) calendar days of the date the action took place or within fourteen (14) days of the date upon which the employee could reasonably have been expected to know of such action. The employee shall have the right to be assisted by an authorized A.ssociation representative during this discussion. 16.3 STEP 2: In the event that the Police Chief does not resolve the grievance to the satisfaction of the employee at Step 1 of this procedure, the employee shall reduce the grievance to writing and shall state: the section (or sections) of this agreement which is alleged to have been violated; an explanation of the grievance in detail, including dates, actions and such other information necessary to a full investigation of the facts and circumstances giving rise to the grievance; and the remedy sought. The employee shall have the right to be assisted by an authorized Association representative in reducing his or her grievance to writingr The employee shall present the written grievance to the Police Chief within fourteen (14) calendar days of the date the employee met with the Police Chief. The Police Chief will reduce his or her decision on the grievance to writing and shall transmit the decision to the employee with a copy to the Association representative within fourteen (14) calendar days of receiving the written grievance. 16.4 STEP 3: In the event that the Police Chief does not resolve the grievance to the satisfaction of the employee at Step 2 of this procedure, the Association shall, on behalf of the employee, transmit a copy of the original grievance along with a copy of the Police ChieFs written response to the Director of Personnel and the Mayor within fourteen (14) calendar days of receipt of the Police Chief's written response.. The Director of Personnel and the Mayor shall consider the grievance and may convene a meeting with the Association representative in an attempt to resolve the grievance. The Director of Personnel shall reduce his or her decision to writing within fourteen (14) calendar days of receipt of the grievance and transmit the decision to the Association. 16.5 STEP 4: In the event that the Director of Personnel and the Mayor do not resolve the grievance at Step 3 of this procedure, the Association may request arbitration of the issue by written notification to the Director of Personnel The Director of Personnel and the Association shall meet within fourteen (14) calendar days of the date upon which the Director of Personnel rendered his or her written decision on the grievance and shall select a neutral arbitrator by mutual agreement or through a mutually agreeable process. 16.6 Powers and Duties of the Arbitrator: It shall be the duty of the arbitrator to conduct a hearing on the issue or issues submitted by the parties for decision. The hearing shall be kept informal and private. The arbitrator shall interpret the provisions of this agreement as they apply to the issue or issues submitted for decision and shall not add to, subtract from nor in any way otherwise alter nor recommend the alteration of the terms and conditions of the agreement in deciding the matter. As soon as is practicable after conducting the hearing, the arbitrator shall render a written decision which shall be binding upon the parties. 10 16.7 ~=~[~Mi~: The expenses of the neutral arbitrator shall be borne equally by the parties. Each party shall singly bear all costs related to preparing and presenting its own case before the arbitrator, including costs of witnesses. The party desiring a record of the proceedings shall bear the cost of obtaining such record. 16.8 ~: Time limits established in this procedure shah be strictly adhered to but may be waived by mutual agreement of the Association and the City. All procedures contained herein shall be complied with as expeditiously as practicable. ARTICLE 17. S~HATY In the event that any provision of this Agreement is held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article should be restrained by such tribunal pending a final determination as to its validity, the remaining provisions of this Agreement shall not be held invalid and shall remain in full force and effect. The Association and the City shall immediately meet and attempt to renegotiate any provision found invalid. The Association and the City acknowledge that each has had the unlimited right and opportunity to make proposals with respect to any matter deemed a proper subject for collective bargaining.- The results of the exercise of that right are set forth in this Agreement. Therefore, the City and the Association each voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain with respect to any subject or matter not specifically covered by the Articles of this Agreement during the term of this Agreement, except as mutually agreed upon. ARTICLE 19. CONFLICTING PROVISIONS In the event that any provision of this Agreement is found to be in conflict with any other Resolution, Ordinance, Policy, Regulation or Rule of the City, the provision of this agreement shah prevail. ARTICLE 20. ~RM This agreement shah become effective January 1 1994 and shall remain in effect through December 31 1996 and may be extended thereafter by mutual agreement. The City or the Association may request reopening of this Agreement any time within six (6) months of the expiration for the purpose of negotiating changes to be effective following the expiration of this Agreement with such notice to be in writing to the other party. 1! This agreement is hereby submitted to the Bremerton City Council for approvaL Upon the approval of the Council, this agreement shall become binding upon the City, the Association and all of the employees in the borgaining unit covered by this a~reement. CITY OF BREMERTON: BREMERTON POLICE MANAGEMENT ASSOCIATION: Personnel Director Po]ice Chief ' ~, Lynn Horton; .Mayor ATTEST: Kathleen McClusk~ APPROVED AS TO FORM: lan R. S~'L~vers, City Attorney 12 APPENDI~ A WAGE RATE~ El'F~-l'l~rg JANUARY 1 1~94 BASE : STEP A STEP B PO~TC~ L/l~ut~l~ APPROX MO : 4,25~.10 4,465.78 ACTUAL. SI-MO : 2,126.55 2,232.89 BASE : STEP A STEP B Police Captain APPROX MO : 4,679.18 4,913.18 ACTUAL BI-MO : 2,339.59 2,456.59 APPENDIX B Appendix B is attached for informational purposes only and is not subject to Article 16 of the Agreement. POLICE OFFICERS' BILL OF RIGHTS Secti~ 1. The wide ranging powers and duties given to the Police Department and its members involve them in all manner of contacts and relationships with the public. Of these contacts come many questions concernip~ the actions of members of the force. These questions often require immediate investigation by superior officers designated by the Chief of the Bremerton Police Department. In an effort to insure that these investigations are conducted in a manner which is conducive to good order and discipline, the following guidelines are promulgated: A. Internal Invest/_~tion Defined. For the purposes of th/s Append/x, the term "internal investigation" means an investigation by or under the authority of the' Chief of Police of activities, c/rcomstancez or events pertain/nc to the conduct or acta of a City law enforcement employee. Such investigation shall be deemed a "crhninal investigation" where it is suspected that such conduct or acts are or may be the bash for filing a criminal charge against such employee, and shall be deemed a "major investigation" where it is suspected that such conduct or acts may also or alternatively be the basis for discharge, suspens/on or other discipline of such employee. B. Emoloyee Advised of Alleged Mi~nth,m~ Every employee who becomes the subject of an internal invest/cation shall be advised at the t/me of any interv/ew in connection therewith that, as the case may be, (s)he is suspected of: (1) Committing a cr/minal offense; (2) Misconduct which would be grounds for termination, suspension, or other discipl/nary action; or that (s)he may be qualified for continued employment with the Police Department. At the time of the interview such employee shall also be /nformed of the name of the officer in charge of the investigation and the name of the officer who will be conducting the interview. C. Representation bv Counsel. Any employee who becomes the subject of a criminal investigation may have legal counsel present during all interviews of such employee. Such representation by counsel shall be confined to counseling and shall not be authority for any participation by counsel in the investigation. D. l~.molovee to be Informed in Wrifino-Recorded Interviews. In the case of any major investigation and before any interview commences, the employee to be interviewed shall be informed in writing of the nature of the investigation including information necessary to reasonably appraise him/her of the allegations of any complaint and (s)he shall be afforded an opportunity and facilities to contact and consult privately with an attorney of his/her own choosing before being interviewed. Such employee may request that the interview be recorded, either mechanically or by a stenographer, and no questions shall be asked 'off the record'. Upon request, the employee under investigation shall be provided an exact copy of any written statement (s)he has signed and a verbatim transcript of any interview of such employee. E. ' ' . Interviews shall be held at a reasonable hour and preferably when the employee to be interviewed is on duty unlesz the exigencies of the interview indicate otherwise. Whenever possible, interviews shall be scheduled during the normal work day of the Cit~. Interviewing shall be completed within a reasonable time and shall be accomplished under circumstances devoid of intimation or coercion. The employee being interviewed shall be entitled to such intermissions as (s)he shah request for personal necessities, meals, telephone calls, and rest periods. All interviewing shah be limited to the conduct or acts of the employee under investigation which form or may form the basis for disciplinary action, termination of employment or the filing of criminal charge. F. Intimidation of l~m?lovee larnhi'hlt~.rl. No employee under'investigation shall, as a guise for obtaining such employee's resignation, be f,,I.,~e~ threatened with dismissal or other disciplinary action should (s)be refuse to resign, nor shall (s)he be subjected to abusive language or in any other manner intimated or offered promises or reward as an inducement to answer questions. LABOR AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and BREMERTON POLICE MANAGEMENT ASSOCIATION January 1, 1992 through December 31, 1993 TABLE OF CONTENTS PREAMBLE ARTICLE 1. DISCRIMINATION ~LLEGATIONS 1 ARTICLE 2. RECOGNITION 1 ARTICLE 3. ASSOCIATION ACCESS 1 ARTICLE 4. WAGES 2 4.1 Monthly Wage Rates 2 4.2 Step Advancement 2 4.3 Tem~porary Assignment to Higher Level Position 2 ARTICLE $. HOURS OF WORK 2 ARTICLE 6. VACATION LEAVE 6.1 Vacation Accrual 6.2 Vacation Eli~bility 3 6.3 Vacation Scheduling 6.4 Maximum Vacation Accrual 3 6.5 Vacation Pay-Out 3 ARTICLE 7. HOLIDAYS 4 7.1 Holidays Observed 4 7.2 Floating Holiday 4 7.3 Alternative days of Holiday Observation 4 7.4 Holiday Compensation 4 ARTICLE & SICK LEAVE AND INDUSTRIAL DISABILITY 4 8.1 Sick Leave Accrual 4 8.2 Maximum Sick l_~.ave Accrual 4 8.3 Sick Leave Incentive 4 8.4 Sick Leave Retirement or Death Payment 4 8.5 Sick Leave Use 5 8.6 Notification of Sick Leave Use 5 A. Routine Appointments 5 B. Unanticipated Absence 5 C, Sick Leave during Authorized Paid Leave 5 8,7 Sick Leave Documentation and Approval 5 8.8 Industrial Disability for LEOFF I Employees 6 8.9 Industrial Disability Leave for LEOFF H Employees 6 ARTICLE 9. OTHER PAID LEAVE 6 9.1 Bereavement I~ave 6 9.2 Jury Duty, Witness Leave 6 9.3 Military Leave 6 9.4 Emergency Leave 6 ARTICLE 10. RETIREMENT BENEFITS 6 ARTICLE 11. INSURANCE BENEFITS 7 11.1 Med'mal ~ance 7 11.2 Insurance Premium Payments 7 11.3. Demal Insurance 7 11.4 Di~abillty 7 11.5 Insurance Reserves, Rebates and Surpluses 7 ARTICLE 12. CLOTHING AND UNIFORM CLEANING ALLOWANCE 7 12.1 Purchase of Uniforms 7 12.2 Clothing Allowance 7 12.3 Uniform Cleaning Allowance 8 12.4 Cleaning Contract 8 ARTICLE 13. PERSONNEL PRACTICES 13.1 Definitions 8 13.2 Promotions and Vacancies 8 13.3 Indemnification of Employees 8 ARTICLE 14. ACADEMIC INCENTIVE 8 ARTICLE 15. MANAGEMENT RIGHTS 9 ARTICLE 16. GRIEVANCE PROCEDURE 9 16.1 Definitions 9 16.2 STEP 1 9 16.3 STEP 2 9 16.4 STEP 3 10 16.5 STEP 4 10 16.6 Powers and Duties of the Arbitrator 10 16.7 Co~ts of Arbitration 10 16.8 Time Limits 10 ARTICLE 17. SEVERABILITY 11 ARTICLE 18. ENTIRE AGREEMENT 11 ARTICLE 19. CONFLIc-rlNG PROVISIONS 11 ARTICLE 20. TERM 11 WAGE RATES APPENDIX A POLICE O~'~iCERS BILL OF RIGHTS APPENDIX B LABOR AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and BREMERTON POLICE MANAGEMENT ASSOCIATION This Agreement is made and entered into pursuant to the provisions of RCW Chapter 41.56 by and between the City of Bremerton, a municipal corporation of the State of Washington, hereinafter known aa the *Cit}P, and the Bremerton Police Management Association hereinafter known as the "Association" for the purpose of setting forth the wages, hours and other terms and conditions of employment which shall be in effect during the term of this agreement for employees included in the bargaining unit described in Article 2 below. ARTICLE 1. DISCRIMINATION ALLEGATIONS An employee who believes that he or she has been the subject of unlawful discrimination on the basis of political affiliation, age, sex, marital status, race, creed, color, religion, national origin or activity protected by RCW 41.56 shall seek relief through the City's Equal Employment Opportunity Complaint Procedure or the appropriate state or federal agency charged with investigating such matters and shall not process such complaints through the Grievance Procedure of this Agreement. ARTICLE 2. RECOGNITIO~q The City recognizes the Association as the sole and exclusive bargaining representative for the purpose of negotiations concerning wages, hours and conditions of employment for all employees in classifications ~et forth in Appendix A and such classifications as may be added to the bargaining unit during the term of this Agreement. ARTICLE 3. ASSOCIATION ACCESS Association business such as handling grievances and other legitimate routine matters may be conducted on Police Department premises provided that such business does not interfere with Police Department operations and is authorized by the Police Chief. 4.1 ~d~lg.q_l~: Monthly wages shall be paid as set forth in Appendix A which is attached hereto and made a part hereof. Wage rates shall be adjusted by 90% of the July 1992 CPI-W Seattle with a minimum adjustment of 9.5% and a maximum adjustment of 6% plus 3% effective January 1, 1993. 4.2 ~i~d~ll~il~t: Advancement from Step A to Step B will occur upon the positive recommendation of the Police Chief and after completion of twelve (12) months of continuous service at Step A. In the event an employee at Step A is on leave of absence without pay, the employee's advancement to Step B will be ex~ended by the actual number of days the employee was absent on such leave. 4.2 Tem_~orary Assi~mament to Hitcher Level pn*it{nq: The Police Chief or, in the absence of the Chief, the Mayor may provide a written directive to an employee to perform all or a part of the dutie~ and accept all or a part of the responsibilities of a higher level classification. The employee so directed shall have his or her salary rate adjusted for the duration of the assignment as if he or she had been promoted to the higher classification provided, however, that such adjustment shall be no less than 4%. Other benefits provided such an employee through the provisions of this agreement shall not be affected and no benefits of the higher level classification shall apply to the employee during the assignment. This provision shall not apply in situations when the Police Chief designates an employee to serve in an "Acting~ capacity during the absence of the Chief for vacations, while attending conferences, and other such usual and customary absences. s. Employees shall work such hours as are assigned by the Police Chief which shall be at least forty (40) hours per week, including paid holiday, vacation and sick leave time. In addition, employees shall serve on emergency standby status during such periods as are assigned by the Police Chief and are subject to emergency callback at any time. Employees covered by this agreement are exempt from the overtime provisions of the Fair Labor Standards Act. 2 6.1 Vacation Accrual: Employees shall accrue vacation time with pay for all regularly scheduled work time including paid leave time pursuant to the following schedule: Period of Continuous ~ Hours Accrued/Year Date of Hire through 5 years 104 Hours 6th year 120 Hours 7th year 128 Hours 8th year 136 Hours 9th year 144 Hours 10th year 152 Hours llth year 160 Hours 12th year 168 Hours 13th year 176 Hours 14th year 184 Hours 15th year 192 Hours 16th year 200 Hours 17th year and thereafter 208 Hours 6.2 ~11~1~: An employee becomes eligible to take accrued vacation time upon completion of six (6) months of continuous employment. Vacation time must be fully accrued prior to the time an employee takes any vacation time off. 6.3 .~fl~S: Annual vacation leave shall be authorized by the Police Chief or the Chief's designee. Personnel shall schedule vacation leave by mutual agreement of the employee and the Police Chief or the Chief's designee. 6.4 Maximum Vacation Accrual: The maximum number of vacation accrual hours that any employee shall be allowed to carry forward from one calendar year to the next is as follows: Years of Continuous Employm~ll~ ~liilllltllL~l~ll~lt 0 through Five (5) years 160 hours More than Five (5) years 240 hours In the event an employee has been prolu~bited from taking sufficient vacation time to reduce his or her vacation balance to the maximum allowable carryover at. the end of a calendar year, the excess hours shall be paid out in cash at the employee's straight time hourly rate unless the City Council approves an extension of the time period beyond the end of the calendar year during which the employee must take all vacation hours which exceed the maximum allowable carryover. An employee who fails to request scheduled vacation time during the year and who's accrued vacation hours exceed the maximum carry over balance at the end of the calendar year shall forfeit such excess vacation hours. 6.5 Vacation Pay-Out: Upon the retirement or termination of an employee who has served six (6) continuous full months of employment or more, or upon the date of an employee's disability retirement, the accrued vacation hours of such an employee will be paid to the employee in a cash lump sum payment. 3 7.1 ]tt~ll~:~: The following holidays shall be observed by the City: New Year's Day Labor Day Martin Luther King's Birthday Veteran's Day President's Day Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas In addition, any other holiday legally proclaimed by the Federal or State government, provided that the City takes official action to have such holiday also observed by the City. 7.2 l~Jag_]d.qi~: Each employee shall be allowed one additional holiday to be observed by the employee on a day mutually agreeable to the employee and the Police Chief. 7.3 Alternative days of Holiday Observation: If a holiday observed by the City f:~ll~ on a Saturday, the holiday will be observed on the preceding Friday. If a holiday falls on a Sunday, the holiday will be observed on the following Monday. If the day a holiday is observed by the City falls on an employee's regularly scheduled day off, the employee shall receive an alternate day as a paid holiday. 7.4 ~: An employee shall receive eight (8) hours of time offwith pay for each holiday observed by the City and for a floating holiday of each employee's choice. ARTICLE 8. SICK LEAVE AND INDUSTRIAL DIS~IIH.FTy 8.1 ~r~: Employees shall accrue sick leave time with pay at the rate of .046154 hours for all normal hours of work including paid leave. The maximum annual accrual will be 96 hours. 8.2 Maximum Sick Leave Acc~l: Employee~ shall be able to accrue sick leave to a maximum of 960 hours. 8.3 ' v~aJ~,~R~lll/~: An employee who has more than five (5) years of continuous full time paid employment with the City and who takes thirty-two (32) hours or less of sick leave in the calendar year following the fifth year of employment and any subsequent calendar year, shall have eight (8) hours added to his or her vacation leave balance at the beginning of the following calendar year. 8.4 Sick Leave Retirement or Death Payment: An employee who retires from City serviee on a service retirement shall be provided a Sick Leave Retirement Payment of thirty-five percent (35%) of the employee's accrued and unused sick leave hours to a maximum of 35% of 960 hours (a maximum total of 336 hours). The payment will be made to the employee at the employee's regular hourly wage rate in effect at the time of retirement or death. 4 8.5 ~: Sick leave must be accrued prior to use by an employee. Sick leave shall be made available to each employee up to the amount of each employee's accrued sick leave balance hours due to: A. The temporary disability of an employee resulting from his or her personal illness or injury. B. Providing care for an employee's children under the age of 18 when they have a health condition that requires supervision or treatment. C. Attending medical, dental and/or oculist appointments as needed for preventive or rehabilitative health care of the employee or the employee's children when such care requires parental presence to supervise or author/ze treatment. D. Upon the birth or adoption of a child, a father may use up to three (3) days of accrued sick leave. E. Providing for an employee's immediate fam/ly member when the family member has a health condition that requires the assistance of an adult caretaker until such t/me as other care can be arranged. No more than five (5) days of sick leave can be used for this purpose per calendar year, unless as otherwise provided in this section or by law. 8.6 Not/ficetion of Sick Leave lJ~: An employee who is absent or expects to be absent from work due to causes specified in 8.5 above, shall provide notification as follows: A. ~gJl~l~ll~: An employee who schedules a routine medical, dental or oculist appointment shall make every reasonable effort to schedule such an appointment at a t/me which will cause the least interference with the employee's work hours and duties. The employee shall give prior notice of the date and time of the appointment to his or her immediate supervisor. An employee's immediate supervisor may request that the employee reschedule rout/ne appointments when, in the judgment of the supervisor, the scheduled absence of the employee would unduly interfere w/th the operations of the Department. An immediate supervisor shah not unreasonably deny an employee sick leave with pay for routine medical, dental or oculist appointments. B. Unanticipated Absence: An employee who is absent from work or w/Il be unable to report to work as scheduled due to personal illness or injury, or for other causes spec/fled in 8.5 above, shall promptly not/fy the department by telephone or otherwise by 0800 of the day of his or her scheduled work day. C. Sick I~..ave durin_~ Authorized Paid Leave: An employee who becomes ill or is injured during the employee's paid vacation or compensatory time off for accumulated overtime~ may request the conversion of such paid leave to sick leave with pay by promptly notifying the department of the illness or injury and providing such information as is required by the department to verify the appropriateness of such a conversion. 8.7 Sick Leave Documentation and Anoroval: An employee who has been absent on sick leave shall, within thirty-six hours after returning to work, subm/t such forms and provide such information as are required by the Department to approve the use of sick leave with pay for the absence. The Department may require an employee to demonstrate that he or she has sought treatment, taken appropriate precautions or otherwise effected measures to correct the condition causing the employee's absence. Such demonstrations may take the form of personal statements of the employee, medical examinations or cert/flcations of appropriate profess/onals, or other methods appropriate to the circumstances. The Department may requ/re un employee to provide certification by a professional physic/an that the employee is sufficiently recovered as to be able to 5 return to work without posing a health hazard to himself or herself or to other members of the workforce. Sick leave must be approved by the Department prior to payment. The Department shall not unreasonably withhold approval of sick leave with pay from employees. 8.8 Industrial Disability for LEOFF I Employ~: An employee who qunl[fles for and is included in the Washington State Retirement System commonly referred to as "LEOFF P, who becomes disabled, and whose disability extends beyond a period of six (6) full months, shall apply for disability retirement benefits provided through LEOFF I. 8.9 Industrial Disability_ Leave for LEOFF II Emplo~vees~' An employee who qualifies for and is included in the Washington State Retirement System commonly referred to as "LEOFF II", and who incurs a work-related illness or injury shah be provided with such compensation as is made available through Workers' Compensation time-loss benefits as provided by Washington State Law. 9.1 ~~.,~: An employee will be granted three (3) days of bereavement leave for attending funerais in the State of Washington and five ($) days for out of state funerals of members of the employee's immediate family. Immediate family shall be defined as spouse, child, stepchild, mother, father, mother/father in-law, brother, sister, bother/sister in-iaw, grandparents and grandchildren of both the employee and the employee's spouse. All time off for bereavement leave shall be charged against an employee's vacation/holiday, sick leave or compensatory time leave balance at the option of the employee. 9.2 Ju~ Duty. Witness Leave: An employee shall be granted leave of absence with pay for the purpose of reporting to Jury Duty or if subpoenaed as a witness. Any juror or witness fees received by the employee for the performance of such duties shall be assigned to the City. 9.3 ~: A leave of absence with pay for a period not to exceed 15 working days will be granted to an employee for the purpose of attending training as a member of the organized military reserves of the United States or of the State of Washington. 9.4 ~: In the event of an unforeseen emergency which requires the absence of an employee such as the illness, injury or death of a member of an employee's immediate family, the employee shall notify his or her immediate supervisor as soon as poss~le of the required absence. Such emergency leave may be charged to an employee's unused vacation/holiday or compensatory time leave balance. ARTICLE 10. RETIREMENT BENEFITS Each employee shall be enrolled in the Washington State Retirement system for which he or she qualifies. Only for the purposes of federal income taxation, the gross income of each employee shall be reduced by the amount of employee contra"outions to the respective retirement system which is picked up by the City. ARTICLE 11. INSURANCE BENEFITS 11.1 ~l~]~: The City shall make medical insurance coverage available to employees and their dependents follows: Kitsap Physician's Service Plan A for Employees and Plan B for Dependents ~roup Health Cooperative for Employees and Dependents 11.2 Insurance Premium Payments: Insurance Premium Payments: Payment of insurance premiums shall be made as follows: Employce and dependent premiums paid in full by the City. 11.3. D~ ~r~: The City shall provide the same benefit levels as are contained in the Washington Dental Service Plan A dental insurance coverage for employees and their dependents and provide for full payment of insurance premiums. 11.4 ~: Employees who are covered by the Washington State Retirement System commonly known as LEOFF II, shall enroll to receive Long Term Disability Insurance coverage through the provisions of policies held by the City with Standard Insurance Company. The City shall pay a maximum of $10 per month per eligible and enrolled employee toward premium costs. The remainder of all premium costs shall be berne by the enrolled employee and shall be paid to Standard Insurance Company through payroll deductions authorized by each enrolled employee. 11.$ Insurance Reserves. Rebates and Surplus~: The City shall require the KPS medical plan provider to provide a structured accounting to the City at least annually. Such accounting shall include plan utilizations, all reserve accounts maintained for the plan, interest earned on reserves, administration costs and coinsurance (pooling) costs. This accounting shall be made available to the Association upon request. The City agrees that the bargaining unit's pro-rata share of any premium rebates, interest rebates, surplus reserve account rebates or any other monetary returns to the employer from the insurance providers together with subsequent interest earnings thereon shall be used exclusively to defray the costs of premium increases in the plan or increase benefit levels. ARTICLE 12. CLOTHING AND UNH~RM CLEANING ALLOWANCE 12.1 ~: The employer shall establish a Clothing Allowance Fund for the Bremerton Police Department. Each police officer shall be furnished uniforms as designated by the Chief of Police. Such uniforms shall be replaced on an as needed basis from the Clothing Allowance Fund, as determined by the Police Department Administration Office. All uniforms purchased by the Employer are to be and remain the property of the Employer. 12.2 ~l~l.~]il~flIii~: An annual allowance of four hundred twenty five ($425.00) per year will be provided to non uniformed, sworn personnel Such allowance shall be paid during the month of January. 7 12.3 Uniform Cleanin_~ Allowance: There shall be an annual uniform cleaning allowance of two hundred seventy five dollars ($2?5.00). This applies to all personnel covered by this agreement. Such allowance shall be payable in January. An employee will not be required to pay back to the Employer funds received for the purpose of clothing or cleaning allowance after the employee has received such payment. 12.4 ~: In the event the Employer secures a cleaning contract with an independent cleaning company during the term of this Agreement, 12.3 will become null and void. ARTICLE 13. PERSONNEL PRACTICES 13.1 ~: For the purpose of interpreting the provisions of this agreement, the following defmitinns shall apply: A. ~]~J~L.~I~: An employee serving a twelve- month period commencing upon the initial date of hire as a permanent employee during which the employee may be discharged at the sole discretion of the City, consistent with applicable Civil Service Rules and Regulations and without recourse to the grievance procedure. B. ' ' : A twelve-month period commencing upon the initial date of a permanent promotional appointment during which a promoted employee who is unable to perform the duties of the higher level position shall be returned to his or her previous classification at the time of appointment at the sole discretion of the City, consistent with applicable Civil Service Rules and Regulations and without recourse to the grievance procedure. C. ~llI~.Y?~: An employee who qualifies for and is a member of the Washington State Retirement System commonly known as "LEOFF I". D. ~: An employee who qo~lif~es for and is a member of the Washington State Retirement System commonly known as "LEOFF II". 13.2 Promotions and Vacancies: All personnel reductions, filling of vacancies and promotions shall be handled in accord with existing Civil Service Rules and Regulations and shall not be subject to the grievance procedure. 13.3 Indemnification of Emoloyees: The City shall provide legal defense and will pay all legitimate claims, settlements, judgements, and associated costs for employees and their marital communities named as parties or defendants in claims or lawsuits as a result of acts or omissions made in the good faith performance of the City's business. ARTICLE 14. ACADEMIC INCENTIVE An employee engaged in the pursuit of either undergraduate or graduate degrees related to the Law Enforcement profession shall receive limited tuition assistance if he or she meets the following guidelines: A. Tuition assistance is limited only to those courses related to Law Enforcement subjects and matriculation is in a state community college, state college or university in the State of Washington. 8 B. The City will pay $60 per quarter unit or $90 per semester unit to a maximum of 10 units for course registration fees only. C. Only full time employees in good standing in the Bremerton Police Department are eligfole for tuition assistance. D. Tuition assistance shall continue as long as a grade of C or better is maintained. E. The Police Chief shall have the authority to grant tuition assistance pursuant to the provisions of A above and shall have the authority to terminate tuition assistance if cause is shown. ARTICLE 15. MANAGEMENT RIGHT~ Any and all rights concerned with the management and operation of the Police Department are exclusively that of the City unless otherwise provided by the terms of this Agreement. The City has the right, among other actions, to adopt rules for the operation of the Department and conduct of the employees, to discipline, suspend or discharge employees for cause, to assign work and determine duties of employees, to determine number of personnel to be assigned duty at any time, to determine and introduce new work methods or facilities to increase productivity for operation of the Department and to perform all of the functions not otherwise expressly limited by this Agreement. Provided, nothing herein shall be construed as a waiver of collective bargaining rights conferred on the parties by RCW 41.56. ARTICLE 16. GRIEVANCE PROCEDURE 16.1 ~: A..~: A grievance is an allegation of a violation of the terms and conditions of this agreement which is to be resolved through this Grievance Procedure. B. ~I3~llg~: An appeal is an allegation of a violation of the Civil Service Rules which is to be resolved through the Civil Service Appeals procedure and is not resolvable through this Grievance Procedure. C. ~: An Unfair Labor Practice charge is an allegation of a violation of the Washington State statutes governing public employment labor relations which is to be resolved through the Public Employment Relations Commission's rides and regulations and is not resolvable through this Grievance Procedure. 16.2 STEP 1: An employee who believes that the terms and conditions of this agreement have been violated shall first discuss the action giving rise to the belief with the Police Chief within fourteen (14) calendar days of the date the action took place or within fourteen (14) days of the date upon which the employee could reasonably have been expected to know of such action. The employee shall have the right to be assisted by an authorized Association representative during this discussion. 16.3 STEP 2: In the event that the Police Chief does not resolve the grievance to the satisfaction of the employee at Step 1 of this procedure, the employee shall reduce the grievance to writing and shall state: the section (or sections) of this agreement which is alleged to have been violated; an 9 explanation of the grievance in detail, including dates, actions and such other information necessary to a full investigation of the facts and circumstances giving rise to the grievance; and the remedy sought. The employee shall have the right to be assisted by an authorized Association representative in reducing his or her grievance to writing. The employee shall present the written grievance to the Police Chief within fourteen (14) calendar days of the date the employee met with the Police Chief. The Police Chief will reduce his or her decision on the grievance to writing and shall transmit the decision to the employee with a copy to the Association representative within fourteen (14) calendar days of receiving the written grievance. 16.4 STEP 3: In the event that the Police Chief does not resolve the grievance to the satisfaction of the employee at Step 2 of this procedure, the Association shall, on behalf of the employee, transmit a copy of the original grievance along with a copy of the Police Chief's written response to the Director of Personnel and the Mayor within fourteen (14) calendar days of receipt of the Police Chief's written response. The Director of Personnel and the Mayor shall consider the grievance and may convene a meeting with the Association representative in an attempt to resolve the grievance. The Director of Personnel shall reduce his or her decision to writing within fourteen (14) calendar days of receipt of the grievance and transmit the decision to the Association. 16.5 STEP 4: In the event that the Director of Personnel and the Mayor do not resolve the grievance at Step 3 of this procedure, the Association may request arbitration of the issue by written notification to the Director of Personnel The Director of Personnel and the Association shall meet within fourteen (14) calendar days of the date upon which the Director of Personnel rendered his or her written decision on the grievance and shall select a neutral arbitrator by mutual agreement or through a mutually agreeable process. 16.6 Powers and Duties of the Arbitrl~or: It shall be the duty of the arbitrator to conduct a hearing on the issue or issues submitted by the parties for decision. The hearing shall be kept informal and private. The arbitrator shall interpret the provisions of this agreement as they apply to the issue or issues submitted for decision and shall not add to, subtract from nor in any way otherwise alter nor recommend the alteration of the terms and conditions of the agreement in deciding the matter. As soon as is practicable after conducting the hearing, the arbitrator shall render a written decision which shall be binding upon the parties. 16.7 ~~11: The expenses of the neutral arbitrator shall be borne equally by the parties. Each party shall singly bear all costs related to preparing and presenting its own case before the arbitrator, including costs of witnesses. The party desiring a record of the proceedings shall bear the cost of obtaining such record. 16.8 ~: Time limits established in this procedure shall be strictly adhered to but may be waived by mutual agreement of the Association and the City. AH procedures contained herein shah be complied with as expeditiously as practicable. 10 ARTICLE 17. ~ In the event that any provision of this Agreement is held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article should be restrained by such tribunal pending a irma[ determination as to its validity, the remaining provisions of this Agreement shall not be held invalid and shall remain in fur force and effect. The Association and the City shall immediately meet and attempt to renegotiate any provision found invalid. ARTICLE 18. ~ The Association and the City acknowledge that each has had the unlimited right and opportunity to make proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this Agreement. Therefore, the City and the Association each voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain with respect to any subject or matter not specifically covered by the Articles of this Agreement during the term of this Agreement, except as mutually agreed upon. ARTICLE 19. CONFLICTING PROVISIONS In the event that any provision of this Agreement is found to be in conflict with any other Resolution, Ordinance, Policy, Regulation or Rule of the City, the provision of this agreement shall prevail. ARTICLE 20. ~RM This agreement shall become effective January I 1992 and shall remain in effect through December 31 1993 and may be extended thereafter by mutual agreement. The City or the Association may request reopening of this Agreement any time within six (6) months of the e0vpiration for the purpose of negotiating changes to be effective following the expiration of this Agreement with such notice to be in writing to the other party. 11 This agreement is hereby submitted to the Bremerton City Council for approval. Upon the approval of the Council, this agreement shall become binding upon the City, the Association and all of the employees in the bargaining unit covered by this agreement. DATED THIS .~,~t_ day of ~, 199 ~ CITY OF BREMERTON: BREMERTON POLIC~ MANAGEMENT  mne! Dir~et r]~ ~ // Loui~ M~nte Mayor ~% City Attorney' 12 WAOE RATES APPENDIX A EFt'I~-I'IVE JANUARY I 1992 BASE : STEP A STEP B : Po//ce L/eutenant APPROX MO : 3,812.50 4,003.14 ACTUAL BI-MO : 1,906.25 2,001.57 : : BASE : STEP A STEP B : Police Captain APPROX MO : 4,194.45 4,404.20 ACTUAL BI-MO : 2,0~?.~ 2,~02.10 : APPENDIX B Appendix B is attached for informational purposes only and is not subject to Article 16 of the Agreement. POLICE OFFICI RS' BILL OF RIGHTS Sec km_l. The wide ran~ng powers and duties ~ven to the Police Department and its members involve them in all manner of contacts and relationships with the public. Of these contacts come many questions concerning the actions of members of the force. These questions often requ/re immediate investigatinn by superior officers dedgnated by the Chief of the Bremerton Police Department. In an effort to insure that these investigations are conducted in a manner which is conducive to good order and discipline, the following ~uldelines are promulgated: A. Internal lnvestiv, ation Defmed. For the purposes of this Appendix, the term "internal investigation" means an investigation by or under the authority of the Chief of Police of activities, circumstances or events pertaining to the conduct or acts of a City law enforcement employee. Such investigation shall be deemed a "criminal investigation" where it is suspected that such conduct or acts are or may be the basis for filing a criminal charge against such employee, and shall be deemed a "major investigation" where it is suspected that such conduct or acts may also or alternatively be the basis for discharge, suspension or other discipline of such employee. B. Employee Advised of Alle_~ed Misc~llduct- Every employee who becomes the subject of an internal investigation shall be advised at the time of any interview in connection therewith that, as the case may be, (s)he is suspected of: (1) Committing a crim/nal offense; (2) Misconduct which would be grounds for termination, suspension, or other disciplinary action; or that (s)he may be qualified for continued employment with the Police Department. At the time of the interview such employee shall also be informed of the name of the officer in charge of the investigation and the name of the officer who will be conducting the interview. C. Representation bv Counsel. Any employee who becomes the subject of a criminal investigation may have legal counsel present during all interviews of such employee. Such representation by counsel shall be confined to counseling and shall not be authority for any participation by counsel in the investigation. D. Employee to be Informed in Writin?-Recorded Interviews. In the case of any major investigation and before any interview commences, the employee to be interviewed shall be informed in writing of the nature of the investigation including information necessary to reasonably appraise him/her of the allegations of any complaint and (s)he shall be afforded an opportunity and facilities to contact and consult privately with an attorney of his/her own choosing before being interviewed. Such employee may request that the interview be recorded, either mechanically or by a stenographer, and no questions shall be asked "off the record". Upon request, the employee under investigation shall be provided an exact copy of any written statement (s)he has signed and a verbatim transcript of any interview of such employee. E. ' ' . Interviews shall be held at a reasonable hour and preferably when the employee to be interviewed is on duty unless the exigencies of the interview indicate otherwise. Whenever possible, interviews shall be scheduled during the normal work day of the City. Interviewing shall be completed within a reasonable time and shall be accomplished under circumstances devoid of intimation or coercion. The employee being interviewed shall be entitled to such intermissions as (s)he shall request for personal necessities, meals, telephone calls, and rest periods. All interviewing shall be limited to the conduct or acts of the employee under investigation which form or may form the basis for disciplinary action, termination of employment or the f~llng of criminal charge. 1~. Intimidation of Em_oloyee Proh~ited. No employee under investigation shall, as a guise for obtaining such employee's resignation, be falsely threatened with dismissal or other disciplinary action should (s)he refuse to resign, nor shall (s)he be subjected to abusive language or in any other manner intimated or offered promises or reward as an inducement to answer questions. LABOR AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and BREMERTON POLICE MANAGEMENT ASSOCIATION January i 1990 through December 31 1991 TABLE OF CONTENTS PROVISION PAGE NO. PREAMBLE 1 ARTICLE 1. DISCRIMINATION ALLEGATIONS ARTICLE 2. RECOGNITION ARTICLE 3. ASSOCIATION ACCESS ARTICLE 4. WAGES 2 4.1 Monthly Wage Rates 4.2 Temporary Assignment to Higher Level Position ARTICLE 5. HOURS OF WORK ARTICLE 6. VACATION LEAVE 6.1 Vacation Accrual 6.2 Vacation Eligibility 3 6.3 Vacation Scheduling 6.4 Maximum Vacation Accrual 6.5 Vacation Pay-Out ARTICLE 7. HOLIDAYS 4 7.1 Holidays Observed 7.2 Floating Holiday 7.3 Alternative days of Holiday Observation 7.4 Holiday Compensation ARTICLE 8. SICK LEAVE AND INDUSTRIAL DISABILITY 8.1 Sick Leave Accrual 8.2 Maximum Sick Leave Accrual 8.3 Sick Leave Incentive 8.4 Sick Leave Retirement or Death Payment 5 8.5 Sick Leave Use 8.6 Notification of Sick Leave Use 8.7 Sick Leave Documentation and Approval 6 8.8 Industrial Disability for LEOFF I Employees 8.9 Industrial Disability Leave for LEOFF II Employees 8.10 Disability Leave Supplement for LEOFF II Employees 8.11 Alternative work Assignments for Employees on Industrial Disability 7 i LABOR AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and BREMEKTON POLICE MANAGEMENT ASSOCIATION January i 1990 through December 31 1991 TABLE OF CON~NTS PROVISION PAGE NO. ARTICLE 9. OTHER PAID LEAVE 7 9.1 Bereavement Leave 9.2 Jury Duty, Witness Leave 9.3 Military Leave 8 9.4 Emergency Leave ARTICLE 10. RETIREMENT BENEFITS ARTICLE 11. INSURANCE BENEFITS 11.1 Medical Insurance 11.2 Dental Insurance 9 11.3 Medical and Dental Insurance Premium Payments 1991 11.4 Disability Insurance ARTICLE 12. CLOTHING AND UNIFORM CLEANING ALLOWANCE 12.1 Purchase of Uniforms 12.2 Uniform Cleaning Allowance ARTICLE 13. PERSONNEL PRACTICES 10 13.1 Definitions 13.2 Promotions and Vacancies 13.3 Indemnification of Employees ARTICLE 14. ACADEMIC INCENTIVE ARTICLE 15. MANAGEMENT RIGHTS 11 ARTICLE 16. GRIEVANCE PROCEDURE 16.1 Definitions 16.2 Step 1 16.3 Step 2 16.4 Step 3 12 16.5 Step 4 16.6 Powers and Duties of the Arbitrator 16.7 Costs of Arbitration 16.8 Time Limits ARTICLE 17. SEVERABILITY 13 ARTICLE 18. ENTIRE AGREEMENT ii LABOR AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and BREMERTON POLICE MANAGENENT ASSOCIATION January 1 1990 through December 31 1991 TABLE OF CONTENTS PROVISION PAGE NO. ARTICLE 19. CONFLICTING PROVISIONS ARTICLE 20. TERM 13 SIGNATURE PAGE 14 APPENDIX A Wage Rates APPENDIX B iii LABOR AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and BEEMERTON POLICE MANAGEMENT ASSOCIATION January 1, 1990 through December 31, 1991 PREAMBLE This Agreement is made and entered into pursuant to the provisions of RCW Chapter 41.56 by and between the City of Bremerton, a municipal corporation of the State of Washington, hereinafter known as the "CitF", and the Bremerton Police Management Association hereinafter known as the "Association" for the purpose of setting forth the wages, hours and other terms and conditions of employment which shall be in effect during the term of this agreement for employees included in the bargaining unit described in Article 2 below. ARTICLE 1. DISCRIMINATION ALLEGATIONS An employee who believes that he or she has been the subject of unlawful discrimination on the baais of political affiliation, age, sex, marital status, race, creed, color, religion, national origin or activity protected by ECW 41.56 shall seek relief through the City's Equal Employment Opportunity Complaint Procedure or the appropriate state or federal agency charged with investigating such matters and shall not process such complaints through the Grievance Procedure of this Agreement. ARTICLE 2. RECOGNITION The City recognizes the Association as the sole and exclusive bargaining representative for the purpose of negotiations concerning wages, hours and conditions of employment for all employees in classifications set forth in Appendix A and such classifications as may be added to the bargaining unit during the term of this Agreement. ARTICLE 3. ASSOCIATION ACCESS Association business such as handling grievances and other legitimate routine matters may be conducted on Police Department premises provided that such business does not interfere with Police Department operations and is authorized by the Police Chief. -1- ARTICLE 4 - WAGES 4.1 Monthly Wage Rates: Monthly wages shall be paid as set forth in Appendix A which is attached hereto and made a part hereof. Advancement from Step A to Step B will occur upon the positive recommendation of the Police Chief and after completion of twenty- four (24) months of continuous service at Step A. In the event an employee at Step A is on leave of absence without pay, the employee's advancement to Step B will be extended by the actual n~,mher of days the employee was absent on such leave. 4.2 Temporary Assiunment to Higher Level Position: The Police Chief or, in the absence of the Chief, the Mayor may provide a written directive to an employee to perform all or a part of the duties and accept all or a part of the responsibilities of a higher level classification. The employee so directed shall have his or her s&lary rate adjusted for the duration of the assignment as if he or she had been promoted to the higher classification provided, however, that such adjustment shall be no less than 44. Other be~efits provided such an employee through the provisions of this agreement shall not be affected and no benefits of the higher level classification sh&ll apply to the employee during the assignment. This provision shall not apply in situations when the Police Chief designates an employee to serve in an "Acting" capacity during the absence of the Chief for vacations, while attending conferences, and other such usual and customary absences. ARTICLE 5 - HOURS OF WORK Employees shall work such hours as are assigned by the Police Chief which shall be at least forty (40) hours per week, including paid holiday, vacation and sick leave time. In addition, employees shall serve on emergency standby status during such periods as are assigned by the Police Chief and are subject to emergency callback at any time. Employees covered by this agreement are exempt from the overtime provisions of the Fair Labor Standards Act. A~TICLE 6 - VACATION LEAVE 6.1 Vacation Accrual: Employees shall accrue vacation time with pay for all regularly scheduled work time including paid leave time pursuant to the following schedule: -2- Period of Continuous Full Time Employment Hours Accrued/Year Date of Hire through 5 years 104 Hours 6th year 120 Hours 7th year 128 Hours 8th year 136 Hours 9th year 144 Hours 10th year 152 Hours llth year 160 Hours 12th year 168 Hours 13th year 176 Hours 14th year 184 Hours 15th year 192 Hours 16th year 200 Hours 17th year and thereafter 208 Hours 6.2 Vacation Eligibility: An employee becomes eligible to take accrued vacation time upon completion of six (6) months of continuous employment. Vacation time must be taken in segments of one-half hour or more. Vacation time must be fully accrued prior to the time an employee takes any vacation time off. 6.3 Vacation Scheduling: Annual vacation leave shall be authorized by the Police Chief or the Chief's designee. Personnel shall schedule vacation leave by mutual agreement of the employee and the Police Chief or the Chief's designee. 6.4 Maximum Vacation Acowual: The maximum number of vacation accrual hours that any employee shall be allowed to carry forward from one calendar year to the next is as follows: Years of Continuous Employment Maximum Balance 0 through Five (5) years 160 hours More than Five (5) years 240 hours In the event an employee has been prohibited from taking sufficient vacation time to reduce his or her vacation balance to the maximum allowable carryover at the end of a calendar year, the excess hours shall be paid out in cash at the employee's straight time hourly rate unless the City Council approves an extension of the time period beyond the end of the calendar year during which the employee must take all vacation hours which exceed the maximum allowable carryover. An employee who fails to request scheduled vacation time during the year and who's accrued vacation hours exceed the maximu~ carry over balance at the end of the calendar year shall forfeit such excess vacation hours. 6.5 Vacation Pay-Out: Upon the retirement or termination of an employee who has served six (6) continuous full months of employment or more, or upon the date of an employee's disability retirement, the accrued vacation hours of such an employee will be paid to the employee in a cash lump sum payment. -3- ARTICLE 7 - HOLIDAYS 7.1 Holidays Observed: The following holidays shall be observed by the City: New Year's Day Labor Day Martin Luther King's Birthday Veteran's Day President's Day Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas In addition, any other holiday legally proclaimed by the Federal or State govermment, provided that the City takes official action to have such holiday also observed by the City. 7.2 Floating Holiday: Each employee shall be allowed one additional holiday to be observed by the employee on a day mutually agreeable to the employee and the Police Chief. 7.3 Alternative days of Holiday Observation: If a holiday observed by the City falls on a Saturday, the holiday will be observed on the preceding Friday. If a holiday falls on a Sunday, the holiday will be observed on the following Monday. If the day a holiday is observed by the City falls on an employee's regularly scheduled day off, the employee shall receive an alternate day as a paid holiday. 7.4 Holiday Compensation: An employee shall receive eight (8) hours of time off with pay for each holiday observed by the City and for a floating holiday of each employee's choice. ARTICLE 8 SICK LEAVE AND INDUSTRIAL DISABILITY 8.1 Sick Leave Accru%1: Employees shall accrue sick leave time with pay at the rate of .046154 hours for all normal hours of work including paid leave. The maximum annual accrual will be 96 hours. 8.2 Maximum Sick Leave Accrual: Employees shell be able to accrue sick leave to a maximum of 960 hours. 8.3 Sick Leave Incentive: An employee who has more than five (5) years of continuous full time paid employment with the City and who takes thirty-two (32) hours or less of sick leave in the calendar year following the fifth year of employment and any subsequent calendar year, shall have eight (8) hours added to his or her vacation leave balance at the beginning of the following calendar year. -4- 8.4 Sick Leave Retirement or Death Payment: An employee who retires from City service on a service retirement shall be provided & Sick Leave Retirement Payment of thirty-five percent (35%) of the employee's accrued and u~used sick leave hours to a maximum of 354 of 960 hours (a maximum total of 336 hours). The payment will be made to the employee at the employee's regular hourly wage rate in effect at the time of retirement or death. 8.5 Sick Leave Use: Sick leave must be accrued prior to use by an employee. Sick leave shall be made available to each employee up to the amount of each employee's accrued sick leave balance hours due to: A. The temporary disability of an employee resulting from his or her personal illness or injury. B. Providing care for an employee's children under the age of 18 when they have a health condition that requires supervision or treatment. C. Attending medical, dental and/or oculist appointments as needed for preventive or rehabilitative health care of the employee or the employee's children when such care requires parental presence to sup~ re or authorize treatment. 8.6 Notification of Sick Leave Use: An employee who is absent or expects to be absent from work due to causes specified in 8.5 above, shall provide notification as follows: A. Routine Appointments: An employee who schedules a routine medical, dental or oculist appointment shall make every reasonable effort to schedule such an appointment at a time which will cause the least interference with the employee's work hours and duties. The employee shall give prior notice of the date and time of the appointment to his or her immediate supervisor. An employee's immediate supervisor may request that the employee reschedule routine appointments when, in the judgment of the supervisor, the scheduled absence of the employee would unduly interfere with the operations of the Department. An immediate supervisor shall not unreasonably deny an employee sick leave with pay for routine medical, dental or oculist appointments. B. Unanticipated Absence: An employee who is absent from work or will be unable to report to work as scheduled due to personal illness or injury, or for other causes specified in 8.5 above, shall promptly notify the department by telephone or otherwise by 0800 of the day of his or her scheduled work day. C. Sick Leave during A~thorized Paid Leave: An employee who becomes ill or is injured during the employee's paid vacation or compensatory time off for accumulated overtime, may request the conversion of such paid leave to sick leave with pay by promptly notifying the department of the illness or injury and providing such information as is required by the department to verify the appropriateness of such a conversion. -5- 8.7 Sick heave Documentation and Approval: An employee who has been absent on sick leave shall, within thirty-six hours after returning to work, submit such forms and provide such information as are required by the Department to approve the use of sick leave with pay for the absence. The Department may require an employee to demonstrate that he or she has sought treatment, taken appropriate precautions or otherwise effected measures to correct the condition causing the employee's absence. Such demonstrations may take the form of personal statements of the employee, medical examinations or certifications of appropriate professionals, or other methods appropriate to the circumstances. The Department may require an employee to provide certification by a professional physician that the employee is sufficiently recovered as to be able to return to work without posing a health hazard to himself or herself or to other members of the workforce. Sick leave must be approved by the Department prior to payment. The Department shall not unreasonably withhold approval of sick leave with pay from employees. 8.8 Industrial Disability for LEOFF I Employeem: An employee who qualifies for and is included in the Washington State Retirement System commonly referred to as "LEOFF I", who becomes disabled, and whose disability extends beyond a period of six (6) full months, shall apply for disability retirement benefits provided through LEOFF I. 8.9 Industrial Disability Leave for LEOFF II Employee~: An employee who qualifies for and is included in the Washington State Retirement System commonly referred to as "LEOFF II", and who incurs a work-related illness or injury shall be provided with such compensation as is made available through Workers' Compensation time-loss benefits. 8.10 Disability Leave Supplement for LEOFF II Employees: A disability leave supplement is the amount which, when added to the amount payable under Worker's Compensation time-loss benefits will result in an employee receiving the same pay he or she would have received for full time active service, taking into account that Workers' Compensation payments are not subject to federal or social security taxes. The disability leave supplement shall begin on the sixth day of absence from work caused by the injury or illness which entitles the employee to Workers' Compensation benefits and shall be paid as follows: A. Olte-half of the amount of the supplement shall be charged against the accrued sick leave of the employee up to the point where 48 hours of sick leave remain. If an employee has no accrued sick leave at the time of injury or illness which entitles him or her to Workers' Compensation benefits, or if accrued sick leave is exhausted to the point where only 48 hours remain during the period of disability, the employee shall receive only that portion of disability leave supplement prescribed by subsection (B) of this section. B. One-half of the amount of the supplement shall be paid by the City for a period not to exceed six (6) months from the date of injury or illness up to the point where only 48 hours of the employee's sick leave remains. In the event that only 48 hours of the employee's sick leave remains at some point during the period of disability, the City shall pay that amount of the supplement which is required to make up the difference between the minimum sick leave of 48 hours and the employee's full time active Day, (taking into account that Workers' Compensation benefits are not subject to federal or social security taxes) for a period not to exceed six (6) months from the date of injury or illness. C. In no event shall the combination of Worker's Compensation, employee sick leave or City supplement compensation exceed the amount of an employee's regular wage rate at any time during the disability period. D. If an employee's accrued sick leave is exhausted during the period of disability, the employee may, for a period of two months following return to active service, draw prospectively upon sick leave the employee is expected to accumulate up to a maximum of 24 hours. Any sick leave drawn prospectively shall be charged against earned sick leave until such time as the employee has accrued the amount needed to restore the amount used. In the event an employee terminates active service without having restored the sick leave drawn prospectively, the City shall deduct the actual cost of any payments made under this subsection from compensation payable to the employee or otherwise recover the payments. 8.11 Alternative work Assignments for Employees on Industrial Disability: An employee may be assigned to perform alternative work during the period he or she is unable to perform his or her normal work duties due to a work-related illness or injury or may be provided alternative employment in conformance with the provisions of laws and regulations governing employees under LEOFF II, and the Washington State Industrial Insurance Act and City employment. ARTICLE 9 - OTHER PAID LEAVE 9.1 Bereavement Leave: An employee will be granted three (3) days of bereavement leave for attending funerals in the State of Washington and five (5) days for out of state funerals of members of the employee's i~mediate family. Immediate familF shall be defined as spouse, child, stepchild, mother, father, mother/father in-law, brother, sister, bother/sister in-law, grandparents and grandchildren of both the employee and the employee's spouse. Ail time off for bereavement leave shall be charged against an employee's vacation/holiday, sick leave or compensatory time leave balance at the option of the employee. 9.2 Jury Duty, Witness Leave: An employee shall be granted leave of absence with pay for the purpose of reporting to Jury Duty or if subpoenaed as a witness. Any juror or witness fees received by the employee for the performance of such duties shall be assigned to the City. -7- 9.3 Military Leave: A leave of absence with pay for a period not to exceed 15 working days will be granted to an employee for the purpose of attending training as a member of the organized military reserves of the United States or of the State of Washington. 9.4 Emergency Leave: In the event of an unforeseen emergency which requires the absence of an employee such as the illness, injury or death of a member of an employee's immediate family, the employee shall notify his or her immediate supervisor as soon as possible of the required absence. Such emergency leave may be charged to an employee's unused vacation/holiday.or compensatory time leave balance. ARTICLE 10 - RETIREMENT BENEFITS Each employee shall be enrolled in the Washington State Retirement system for which he or she qualifies. Only for the purposes of federal income taxation, the gross income of each employee shall be reduced by the amount of employee contributions to the respective retirement system which is picked up by the City. ARTICLE 11 - INSURANCE BENEFITS 11.1 Medical Insurance: The City shall make medical insurance coverage available to employees and their dependents and provide for payment of 1990 insurance premiums as follows: Monthly Mo Premium Mo Premium Plan Premium Amount Paid Amount Paid Co-Pays Member Amount by City by Employee Paid By Kitsap Physicians' Service - Plan A LEOFF I · mployee 153.29 153.29 -0- City LEOFF II Employee 112.69 112.69 -0- City Kitsap Physician's Service Plan B Spouse 109.64 109.64 -0- Employee 1st Dependent 52.20 52.20 -0- Employee 2nd+Dependent(s) 41.67 41.67 -0- Employee GROUP HEALTH LEOFF I 131.68 131.68 -0- Employee LEOFF IIEmplee 102.14 102.14 -0- Employee Spouse 102.14 102.14 -0- Employee 1st Dependent 52.25 52.25 -0- Employee Ea Addt'l Dep 52.25 52.25 -0- Employee --8-- 11.2 Dental Insurance: The City shall make the Washington Dental Service Plan A dental insurance coverage available to employees and their dependents and provide for payment of 1990 insurance premiums as follows: The City shall pay $21.80 per month for employee only dental insurance coverage; S4§.25 per month for employee plus one dependent dental insurance coverage; and $65.80 per month for employee plus two or more dependents coverage. 11.3 Medical and Dental Insurance Premium Payments - 1991: The City will pay the full cost of employee only premium payments for Kitsap Physicians' Service Plan A or Group Health for the 1991 calendar year. The City will pay the full premium costs of dependent coverage for Kitsap Physicians' Service Plan B or Group Health for the 1991 calendar year. The City will provide for full payment of Dental Insurance premiums for employees and their dependents for 1991. 11.3 Disability Insurance: Employees who are covered by the Washington State Retirement System commonly known as LEOFF II, shall enroll to receive Long Term Disability Insurance coverage through the provisions of policies held by the City with Standard Insurance Company. The City shall pay a maximum of $10 per month per eligible and enrolled employee toward premium costs of all such insurance policies. The remainder of all premium costs shall be borne by the enrolled employee and shall be paid to Standard Insurance Company through payroll deductions authorized by each enrolled employee. ARTICLE 12 - CLOTHING AND UNIFORM CLEANING ALLOWANCE 12.1 Purchase of Uniforms: The City shall purchase new and replacement uniforms required by Police Department regulations for each employee. Employees shall abide by such rules and regulations as are established by the Department in selecting and obtaining their uniforms. All uniforms paid for by the Police Department remain the property of the City. 12.2 Uniform Cleaning Allowance: Each employee required to wear a uniform pursuant to Police Department regulations shall receive a uniform cleaning allowance of two hundred fifty ($2§0) dollars per year for uniform maintenance. One-half ($125) of the allowance shall be paid during the month of January and one-half ($125) shall be paid during the month of July. In the event the City secures a cleaning contract with an independent cleaning company, no uniform cleaning allowance will be paid to employees. -9- ARTICLE 13 PERSONNEL PRACTICES 13.1 Definitions: For the purpose of interpreting the provisions of this agreement, the following definitions shall apply: A. Probationary Employee: An employee serving a twelve- month period commencing upon the initial date of hire as a permanent employee during which the employee may be discharged at the sole discretion of the City, consistent with applicable Civil Service Rules and Regulations and without recourse to the grievance procedure. B. Promotional Probation: A twelve-month period commencing upon the initial date of a permanent promotional appointment during which a promoted employee who is unable to perform the duties of the higher level position shall be returned to his or her previous classification at the time of appointment at the sole discretion of the City, consistent with applicable Civil Service Rules and Regulations and without recourse to the grievance procedure. C. LEOFF I F~ployee: An employee who qualifies for and is a member of the Washington State Retirement System commonly known as "LEOFF I". D. LEOFF II Employee: An employee who qualifies for and is a member of the Washington State Retirement System commonly known as "LEOFF II". 13.2 Promotions and Vacancies: All personnel reductions, filling of vacancies and promotions shall be handled in accord with existing Civil Service Rules and Regulations and shall not be subject to the grievance procedure. 13.3 Indemnification of E~Dloyees: The City shall provide legal defense and will pay all legitimate claims, settlements, judgements, and associated costs for employees and their marital communities named as parties or defendants in claims or lawsuits as a result of acts or omissions made in the good faith performance of the City's business. ARTICLE 14 -- ACADEMIC INCENTIVE An employee engaged in the pursuit of either undergraduate or graduate degrees related to the Law Enforcement profession shall receive limited tuition assistance if he or she meets the following guidelines: A. Tuition assistance is limited only to those courses related to Law Enforcement subjects and matriculation is in a state community college, state college or university in the State of Washington. B. The City will pay $60 per quarter unit or $90 per semester unit to a maximum of 10 units for course registration fees only. C. Only full time employees in good standing in the Bremerton Police Department are eligible for tuition assistance. D. Tuition assistance shall continue as long as a grade of C or better is maintained. E. The Police Chief shall have the authority to grant tuition assistance pursuant to the provisions of A above and shall have the authority to terminate tuition assistance if cause is shown. -10- ARTICLE 15 -- MANAGEMENT RIGHTS Any and all rights concerned with the management and operation of the Police Department are exclusively that of the City unless otherwise provided by the terms of this Agreement. The City has the right, among other actions, to adopt rules for the operation of the Department and conduct of the employees, to discipline, suspend or discharge employees for cause, to assign work and determine duties of employees, to determine number of personnel to be assigned duty at any time, to determine and introduce new work methods or facilities to increase productivity for operation of the Department and to perform all of the functions not otherwise expressly limited by this Agreement. ARTICLE 16 - GRIEVANCE PROCEDURE 16.1 Definitions: A. Grievance: A grievance is an allegation of a violation of the terms and conditions of this agreement which is to be resolved through this Grievance Procedure. B. Civil Service APPeal: An appeal is an allegation of a violation of the Civil Service Rules which is to be resolved through the Civil Service Appeals procedure and is not resolvable through this Grievance Procedure. C. Unfair Labor Practice: An Unfair Labor Practice charge is an allegation of a violation of the Washington State statutes governing public employment labor relations which is to be resolved through the Public Employment Relations Commission's rules and regulations and is not resolvable through this Grievance Procedure. 16.2 STEP 1: An employee who believes that the terms and conditions of this agreement have been violated shall first discuss the action giving rise to the belief with the Police Chief within fourteen (14) calendar days of the date the action took place or within.fourteen (14) days of the date upon which the employee could reasonably have been expected to know of such action. The employee shall have the right to be assisted by an authorized Association representative during this discussion. 16.3 STEP 2.: In the event that the Police Chief does not resolve the grievance to the satisfaction of the em~ioyee at Step i of this procedure, the employee shall reduce the grievance to writing and shall state: the section (or sections) of this agreement which is alleged to have been violated; an explanation of the grievance in detail, including dates, actions and such other information necessary to a full investigation of the facts and circumstances giving rise to the grievance; and the remedy sought. The employee shall have the right to be assisted by an authorized Association representative in reducing his or her grievance to writing. The employee shall present the written grievance to the Police Chief within fourteen (14) calendar days of the date the employee met with the Police Chief. The Police Chief will reduce his or her decision on the grievance to writing and shall transmit the decision to the employee with a cody to the Association representative within fourteen (14) calendar days of receiving the written grievance. -11- 16.4 STEP 3: In the event that the Police Chief does not resolve the grievance to the satisfaction of the employee at Step 2 of this procedure, the Association shall, on behalf of the employee, transmit a copy of the original grievance along with a cody of the Police Chief's written response to the Director of Personnel and the Mayor within fourteen (14) calendar days of receipt of the Police Chief's written response. The Director of Personnel and the Mayor shall consider the grievance and may convene a meeting with the Association representative in an attempt to resolve the grievance. The Director of Personnel shall reduce his or her decision to writing within fourteen (14) calendar days of receipt of the grievance and transmit the decision to the Association. 16.5 STEP 4: In the event that the Director of Personnel and the Mayor do not resolve the grievance at Step 3 of this procedure, the Association may request arbitration of the issue by written notification to the Director of Personnel. The Director of Personnel and the Association shall meet within fourteen (14) calendar days of the date upon which the Director of Personnel rendered his or her written decision on the grievance and shall select a neutral arbitrator by mutual agreement or through a mutually agreeable process. 16.6 Powers and Duties of the Arbitrator: It shall be the duty of the arbitrator to conduct a hearing on the issue or issues submitted by the parties for decision. The hearing shall be kept informal and private. The arbitrator shall interpret the provisions of this agreement as they apply to the issue or issues submitted for decision and shall not add to, subtract from nor in any way otherwise alter nor recommend the alteration of the terms and conditions of the agreement in deciding the matter. As soon as is practicable after conducting the hearing, the arbitrator shall render a written decision which shall be binding upon the parties. 16.7 Costs of Arbitration: The expenses of the neutral arbitrator shall be borne equally by the parties. Each party shall singly bear all costs related to preparing and presenting its own case before the arbitrator, including costs of witnesses. The party desiring a record of the proceedings shall bear the cost of obtaining such record. 16.8 Time Limits: Time limits established in this procedure shall be strictly adhered to but may be waived by mutual agreement of the Union and the City. Ail procedures contained herein shall be complied with as expeditiously as practicable. -12- ARTICLE 17 SEVERAEILITY In the event that any provision of this Agreement is held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article should be restrained by such tribunal pending a final determination as to its validity, the remaining provisions of this Agreement shall not be held invalid and shall remain in full force and effect. The Association and the City shall immediately meet and attempt to renegotiate any provision found invalid. ARTICLE 18 - ENTIRE AGREEMENT The Association and the City acknowledge that each has had the unlimited right and opportunity to make proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this Agreement. Therefore, the City and the Association each voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain with respect to any subject or matter not specifically covered by the Articles of this Agreement during the term of this Agreement, except as mutually agreed upon. ARTICLE 19 - CONFLICTING PROVISIONS In the event that any provision of this Agreement is found to be in conflict with any other Resolution, Ordinance, Policy, Regulation or Rule of the City, the provision of this agreement shall prevail. ARTICLE 20 - TERM This agreement shall become effective January i 1990 and shall remain in effect through December 31 1991 and may be extended thereafter by mutual agreement. The City or the Association may request reopening of this Agreement any time within six (6) months of the expiration for the purpose of negotiating changes to be effective following the expiration of this Agreement with such notice to be in writing to the other party. -13- This agreement is hereby submitted to the Bremerton City Council for approval. Upon the approval of the Council, this agreement shall become binding upon the City, the Association and all of the employees in the bargaining unit covered by this agreement. CITY OF BREMERTON: BREMERTON POLICE MANAGEMENT P~onnel Director ~ 5ouis MentOr, Mayor ATTEST: Kathleen McCluskey, City/Clerk ~/~TO FORM: Ian R. ~Sievers, City Attorney -14- WAGE RATES APPENDIX A EFFECTIVE JANUARY 1 1990 POSITION BASE : STEP A STEP B Police Lieutenant APPROX ANN : 39,718.80 41,704.80 APPROX MO : 3,309.90 3,475.40 ACTUAL BI-MO: 1,654.95 1,737.70 APPROX/HR : 19.10 20.05 : EFFECTIVE JANUARY 1 1991 Police Lieutenant APPROX ANN : 41,903.28 43,998.48 APPROX MO : 3,491.94 3,666.54 ACTUAL BI-MO: 1,745.97 1,833.27 APPROX/HR : 20.15 21.15 EFFECTIVE JANUARY i 1990 : POSITION BASE : STEP A STEP B Police Captain APPROX ~ : 43,698.00 45,882.96 APPROX MO : 3,641.50 3,823.58 ACTUAL BI-MO: 1,820.75 1,911.79 APPROX/HR : 21.01 22.06 EFFECTIVE JA/~JARY i 1991 Police CaDtain APPROX A~ : 46,101.36 48,406.56 APPROX MO : 3,841.78 4,033.88 ACTUAL BI-MO: 1,920.89 2,016.94 APPROX/HR : 22.16 23.27 Appendix ~ ts attached for informational purposes only and is not subject to Article XIII of the Agrsement. POLIC~ OFFICKltS' BILL OF ,RIGHTS Section 1. The wide ranging powers and duties given to the Police Department and its members involve them in all manner of contacts and relationships with the public. Of these contacts come many questions concerning the actions of members of the force.' These questions often require immediate investigation by superior offlcsrs designated by the Chief of the Bremerton Police Department. In an effort to insure that these investigations are conducted tn a manner which ts conducive to good order and dtsclpltne, the following guidelines ere promulgated: A. Internal Investigation Defined. For the purposes of this Appendix, the term "internal investigation" means an investigation by or under the authority of the Chief of Police of activities, circumstances or events pertaining to the conduct or acts of a City law enforcement employee. Such investigation sh&ll be deemed a "criminal Investigation" where it Is suspected that such conduct or acts are or may be the basis for filing a criminal charge against such employee, and shall be deemed a "major investigation" where it suspected that such conduct or acts may also or alternatively be the basis for discharge, suspension or other dfsctpltne of such employee. B. Employee Advised of Alleged Misconduct. Every employee who becomes the subject of an internal investigation shall be advised at the time of any Interview in connection therewith that, as the case may be, (s)he ts suspected of: (1) Committing a criminal offense; (2) Misconduct which would be grounds for termination, suspension, or other disciplinary action; or that (s)he may be qualified for continued employment with the Police Department. At the time of the interview such employee shall also be informed of the name of the officer in charge of the investigation and the name of the officer who will be conducting the interview. C. Representation by Counsel. Any employee who becomes the subject of a criminal investigation may have legal counsel present during all interviews of such employee. Such representation by counsel shall be confined to counseling and shall not be authority for any participation by counsel in the investigation. EmPl'ove,e to be Informed in Writing-Recorded Interviews. In 'the. Case of any major investigation and before any interview commences, the employee to be interviewed shall be informed in writing of the nature of the investigation including information necessary to reasonably apprise him/her of the allega~tOna of any complaint and (s)he shall be afforded an oppor%u~ity and facilities to contact and consult privately with .an a~torney of his/her own choosing before .being interviewed. Such employee may request that the interview be recorded, either mechanically or by a stenographer, and no ques=ions shall be asked "off the record". Upon request, the employee under investigation shall be provided an exact copy'of any written statement (s)he has signed and a verbatim transcript of any interview of such employee. E. Intervi~win~ Proceduues. Interviews shall be held at a reasonable hour and preferably when the employee to be ~nterviewed is on duty unless the exigencies of the interview indicate otherwise. Whenever possible, interviews shall be scheduled during the normal work day of the City. Interviewing shall be completed within a reasonable time and shall be accomplished under circumstances devoid of ~ intimation or coercion. The employee being interviewed shall be entitled to such intermissions as (s)he shall request for personal necessities, meals, telephone calls, and rest periods. All interviewing shall be limlted to the conduct or acts of the employee under inveetlgation which form or may form the basis for disciplinary action, termination of employment or the filing of criminal charge. F. I~timidation of Employee Prohibited. No employee under investigation shall, as a guise for obtaining such employee's resignation, be falsely threatened with dismissal or other disciplinary action should (s)he refuse to resign, nor shall (s)he be subjected to abusive language or in any other manner intimated or offered promises or reward as an inducement to answer questions. BY ~ BIgTNKlgN CITY OF BRg~llgRTON, WA.~HI~NGTON ~D BIRR~KRTON POLICK [I~N&G~NT ASSOCIATION Januaz~y ~, 1989 thz'ou~h l~c~ber 31, 1989 TABLE O~ CO~TKNT$ Article Page 1 PREAMBLE 2 RECOGNITION 1 3 APPLICATION OF CIVIL SERVICE RULES 1 4 CLOTHING AND UNIFORM ALLOWANCE 5 ECONOMIC PROVISIONS 2 6 HOURS OF WORK 3 ? PENSIONS 4 8 FALSE ARREST INSURANCE 4 9 PERFORMANCE OF DUTY/NO STRIKE 4 10 MANAGEMENT RIGHTS 4 11 SAVINGS CLAUSE 5 12 ENTIRE AGREEMENT 5 13 GRIEVANCE PROCEDURE 5 14 SPECIAL ASSIGNMENT 6 15 ACADEMIC INCENTIVE 6 16 TERM OF AGREEMENT 7 Appendix A ARTICLE 1. PRKM~LK This Agreement is between the City of Bremerton, Washington, (hereinafter referred to as the "Employer") and the Bremerton Police Management Association, (hereinafter referred to as the "Association") for the purpose of setting forth the mutual understanding of the parties as to salary and other conditions of employment of those employees for whom the Employer has recognized the Association as the exclusive bargaining representative. ARTICLE 2. RECOGNITION The Employer recognizes the Association as the exclusive representative for all full-time and regular part-time police officers above the rank of sergeant, excludlng the Chief of Police, Assistant Chief of Police, Deputy Chiefs of Police and all other employees. ARTICLR 3. APPLICATION OF CIVIL S~RVICE RULES AND REGULATION~ It is expressly understood and agreed that nothing contained in this Agreement is intended to supersede any matter delegated to the Bremerton Civil Service Commission by state law or by ordinance, resolution or laws of or pertaining to the City of Bremerton and such Commission shall continue to have primary authority over the subjects within the scope of its ~urlsdiction and authority. ARTICLE 4. CLOTHING ANDUNIFOBMAr.?.OMANCK Section 1. Each employee covered by this Agreement shall be furnished uniforms as designated by the Employer. Uniforms shall be replaced on an as-needed basis as determined by the Police Department. All uniforms purchased by the Employer are to be and remain the property of the Employer. Section 2. Each employee covered by this Agreement shall receive an annual uniform cleaning allowance of two-hundred and fifty dollars ($250.00) per year. Such allowance shall be payable in the amount of one-hundred and twenty-five dollars ($125.00) during the month of January and one-hundred and twenty-five dollars ($12§.00) during the month of July. Section 3. It is further agreed between the parties that in the event the Employer secures a cleaning contract with an independent cleaning company, Section 2 of this Article will become null and void. ARTICLE 5 - ECONOMIC PROVISIONS Section 1. Salaries: Salaries shall be paid as follows: A STEP B STEP Lieutenant Approx. Annual $38,375.76 $40,294.54 Approx. Month 3,197.98 3,357.88 Bi-Monthly 1,598.99 1,678.94 Captain Approx. Annual 41,419.92 43,490.88 Approx. Month 3,451.66 3,624.24 Bt-Monthly 1,725.83 1,812.12 Advancement from Step A to Step B shall occur upon the positive recommendation of the Police Chief and after completion of 24 months of continuance service at Step A. In the event an employee at Step A is on leave of absence without pay, the employee's advancement to Step B will be extended by the actual number of days the employee was absent on such leave. Section 2. Sick Leave: Employees covered by this Agreement shall receive sick leave benefits pursuant to established City policies. Section 3. Vacations: a. Vacation leave shall be scheduled by the Chief of Police or his designee, at such time as will least interfere with the functions and operations of the Department. b. As provided by Ordinance No. 1813, as amended, annual vacations with pay shall be earned by eligible employees. Section 4. Terminal Leave: The Employer agrees to continue to pay terminal leave pursuant to established pollcy during the term of this Agreement, as provided in Ordinance No. 1813, as amended. Section 5. Medical Insurance: The City shall make medical insurance coverage available to employees and their dependents and provide for payment of insurance premiums as follows: Monthly Mo Premium Mo Premium Plan Premium Amount Paid Amount Paid Co-Pays Amount by City by Employee Paid by Washington Physician's Service - Plan A LEOFF I Employee 141.29 141.29 -0- City LEOFF II Employee 103.52 103.52 -0- City Washington Physician's Service - Plan B REGULAR & LEOFF II Employee 89.99 89.99 -0- Employee Spouse 100.50 100.50 -0- Employee 1st Dependent 47.67 47.67 -0- Employee Ma Addt'l Dep 3?.88 ea 37.88 ea -0- Employee Section 5.1 Dental Insurance: The city shall make the Washington Dental Service Plan A dental insurance coverage available to employees and their dependents and provide for payment of insurance premiums as follows: The City shall pay $20.50 per month for employee only dental insurance coverage; $38.?9 per month for employee plus one dependent dental insurance coverage; and $61.40 per month for employee plus two or more dependents coverage. Section 5.2 Alteration of Insurance Benefits: The City intends to evaluate alternative insurance benefit policies during the term of this Agreement. The City will continue to pay the full premiums for employees and their dependents of existing health and dental insurance polices provided through the Association of Washington Cities Employee Benefit Trust for as long as the existing plans are in effect. New, replacement and/or continuance of current insurance benefits and policies and the City's premium contributions for employees and their dependents will be renegotiated with the Association as soon as appropriate information resulting from the City's evaluation of insurance benefits is available. Section 6. Holidays: Paid holidays shall be earned and administered as provided in City Ordinance. The following are the recognized holidays and these days shall be granted as paid holidays to employees under this Agreement: New Years~ Day Labor Day Martin Luther King's Birthday Veteran's Day Presidents' Day Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas One (1) Floating Holiday The Chief of Po/ice or his designee will have sole discretion in administering this provision. ARTICLE 6 - HOURS OF WORK Employees covered by this Agreement shall work such times as required by the Employer and shall be subject to call for emergency purposes at any time. ARTICL~ ? - PRNS~ONS Employee and Employer contributions to pension funds will be made by the Employer to the applicable pension fund in accordance with Washington State statutes. ARTICLE 8 - FALSE~ST INSURANCE During the term of this Agreement, the Employer will maintain a false arrest insurance policy tn effect with coverage thereunder in accordance with the terms and conditions of such policy. ARTICLE 9 - PERFORMANCE OF DUTY/NO STRIKE Section 1. The Association recognizes that the public interest requires the efficient and uninterrupted performance of all City services and pledges its best efforts in avoiding or eliminating any conduct contrary to this objective. Nothing in this Agreement shall be construed to grant an employee the right to strike or refuse to perform his/her required duties to the best of his/her abilities. Section 2. During the term of this Agreement, the Association and those employees covered by this Agreement, shall not cause, engage tn or sanction any work stoppage, strike, walkout, sit- down, stay-in, slow-down, sick-in, curtailment of work, or any picketing, patrolling, demonstration or any other form of similar individual or group activity or interference with City operations. Any of the foregoing or similar activities shall be subject to immediate discharge. ARTICLE 10 - NANAGEMF~Tf RIGHTS Section 1. Any and al/ rights concerned with the management and operation of the Police Department are exclusively that of the Employer. The Employer has the right, among other actions, to adopt rules for the operation of the Department and conduct of the employees, to discipline, to lay off or discharge employees, to assign work and determine duties of employees, to schedule hours of work, to determine number of personnel to be assigned duty at any time, to determine and introduce new work methods or facilities to increase productivity, to contract for goods and services for operation of the Department and to perform all of the functions concerned with the management and operation of the Department. Section 2. The Association recognizes and expressly agrees that the City of Bremerton Police Department policies, procedures, and practices shall continue unless changed or canceled by the Chief of Police or his/her designee. AR~XCL~ 11 - SAVXNGS CLAUSE Should any provisions o~ this Agreement be found to be in violation of any federal or state law, City of Bremerton Charter, ordinance, regulation or resolution or declared invalid by a court act/on, al! other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. ARTICLE 12 - ~NTllt~ AGI~E~M~T Section 1. The Agreement expressed herein in writing constitutes the entire Agreement between the Employer and the Association and no oral agreement, understanding or statement shall add to or supersede any of its provisions. Section 2. The parties to th/s Agreement acknowledge that each has had the unlimited right and opportunity to make proposals w/th respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this Agreement. Therefore, the Employer and the Association each voluntarily and unqualifiedly agree to wa/ye the right to oblige the other party to bargain w/th respect to any subject or matter during the term of this Agreement. ARTICLE 13 - GRIEVANCE PROCEDUR~ Section 1. For the purpose of this Agreement, the term "grievance" is defined as 'an alleged vlolation in the /nterpretation or appl/cat/on of the specific provisions of this Agreement' Section 2. a. Any alleged grievance shall be taken up first with the Chief of Police or his/her designee within five (5) working days of the occurrence. Every effort w/ll be made to reach a resolution of the grievance at this stage. However, if no satisfactory resolution is reached the following will apply. b. The employee will reduce to written form hie/her grievance stating the specific section or provision of the Agreement alleged to be violated and explain the grievance in detail. The employee shall present the written grievance to the Chief of Police or his/her designee within five (5) working days of the occurrence. The Chief will review the matter and take whatever step (s)he deems necessary to resolve the matter. The Chief will provide a written response w/thin five (5) days of receipt of the written grievance. c. In the event the matter is not satisfactorily resolved, the employee may file a written statement to the Public Employment Relations Commission requesting that an arbitrator be assigned to hear the matter. The decision of the arbitrator shall be final and binding. d. Any costs associated with the arbitration hearing will be borne by the party incurring them. e. The arbitrator shall have no authority to alter in any way the terms and conditions of this Agreement, and shall confine his/her decision to a determination of the facts and an interpretation and application of this Agreement. ARTICLE 14 - SPECIAL ASSIC~I~NTS Section 1. Whenever an employee covered by this Agreement is assigned for a period of sixty (60) days or more by the Employer via written directive to perform all or a part of the duties and accept all or a part of the responsibilities of a higher position classification, (s)he will be paid a salary adjustment commensurate with the additional duties/responsibilities for as long as said dutiee/reeponsibillties are actually performed. Section 2. There shall be established a Police Management Academic Committee composed of the following: a. Two (2) representatives designated by the Bremerton Chief of Police. b. Two (2) representatives designated by the Bremerton Police Management Association. The Police Management Academic Committee shall meet as required to decide issues raised by the membership. ARTICLE 15 - &CAD~MIC INC~NTIVH Section 1. It is agreed to recognize the Job related value of academic achievement efforts when employees are pursuing college degrees. Employees covered by this Agreement engaged in the pursuit of either undergraduate or graduate degrees related to the Law Enforcement profession shall receive limited tuition assistance if they meet the following guidelines: a. Tuition assistance is limited only to those courses related to Law Enforcement subjects and matriculation is in a state college or university in the State of Washington (i.e., Washington University, Central Washington University, Olympic College, etc.). b. The City will pay $60.00 per quarter unit or $90.00 per semester unit to a maximum of 10 units for course registration fees only. c. Only full-tlme employees in good standing in the Bremerton Police Department are eliglble for tuition assistance. d. Tuition Assistance shall continue as long as a grade of C or better is maintained. e. The Police Management Academic Committee shall have the authority to terminate tuition assistance if cause is shown. ARTXCL~ 16 - TERM OF AGI~I~T The terms of this Agreement shall be in effect January 1, 1989 and shall remain in effect up to and including December 31, 1989. Approved and ratified this ~ day of ~(~~ , 1989. CITY OF BR~MKRTON e Lobe, Mayor ATTEST: Kathleen L. McCluskey~ City Clerk A~S ./~ ORM: Ian ty Attorney DEPA MENTAL APPROVAL: De ef Caroline Marshall Director of Personnel APPKI(DTX A Appendix A is attached for informational purposes only and is not subject to Article XIII of the Agreement. POLZCK OFFICERSt BILL OF RIGHTS Section 1. The wide ranging powers and duties given to the Police Department and its members involve them in all manner of contacts and relationships with the public. Of these contacts come many questions concerning the actions of members of the force. These questions often require immediate investigation by superior officers designated by the Chief of the Bremerton Police Department. In an effort to insure that these investigations are conducted in a manner which is conducive to good order and discipline, the following guidelines are promulgated: A. Internal Investigation Defined. For the purposes of this Appendix, the term "internal investigation" means an investigation by or under the authority of the Chief of Police of activities, circumstances or events pertaining to the conduct or acts of a City law enforcement employee. Such investigation shall be deemed a "criminal investigation" where it is suspected that such conduct or acts are or may be the basis for filing a criminal charge against such employee, and shall be deemed a "major investigation" where it is suspected that such conduct or acts may also or alternatively be the basis for discharge, suspension or other discipline of such employee. B. Employee Advised of Alleged Misconduct. Every employee who becomes the subject of an internal investigation shall be advised at the time of any interview in connection therewith that, as the case may be, (s)he is suspected of: (1) Committing a criminal offense; (2) Misconduct which would be grounds for termination, suspension, or other disciplinary action; or that (s)he may be qualified for continued employment with the Police Department. At the time of the interview such employee shall also be informed of the name of the officer in charge of the investigation and the name of the officer who will be conducting the interview. C. Representation by Counsel. Any employee who becomes the subject of a criminal investigation may have legal counsel present during all interviews of such employee. Such representation by counsel shall be confined to counseling and shall not be authority for any participation by counsel in the investigation. D. Employee to be Informed in Nrttlng-Recorded Interviews. In the case of any major investigation and before any interview commences, the employee to be interviewed shall be informed in writing of the nature of the investigation including information necessary to reasonably apprise him/her of the allegations of any complaint and (s)he shall be afforded an opportunity and fac/l/ties to contact and consult privately with an attorney of hie/her own choosing before being interviewed. Such employee may request that the interview be recorded, either mechanically or by a stenographer, and no questions shall be asked "off the record". Upon request, the employee under investigation shall be provided an exact copy of any written statement (s)he has signed and a verbatim transcript of any interview of such employee. E. Interviewing Procedures. Interviews shall be held at a reasonable hour and preferably when the employee to be interviewed is on duty unless the exigencies of the interview indicate otherwise. Whenever possible, interviews shall be scheduled during the normal work day of the City. Interviewing shall be completed within a reasonable time and shall be accomplished under circumstances devoid of intimation or coercion. The employee being interviewed shall be entitled to such intermissions as (s)he shall request for personal necessities, meals, telephone calls, and rest periods. All interviewing shall be limited to the conduct or acts of the employee under investigation which form or may form the basis for disciplinary action, termination of employment or the filing of criminal charge. F. Intimidation of Employee Prohibited. No employee under investigation shall, as a guise for obtaining such employee's resignation, be falsely threatened with dismissal or other disciplinary action should (e)he refuse to resign, nor shall (s)he be subjected to abusive language or in any other manner intimated or offered promises or reward as an inducement to answer questions. BY AND B~T~I~N CITY OF ~TON, WASHiNgTON ~R~N POLXCE ~A6~ ) ~S~IATION J~ ~, ~986 khro~h J~e 30, 1988 TABLE OF COMTKNTS Article Pa~e I PREAMBLE 1 II RECOGNITION III APPLICATION OF CIVIL SERVICE RULES 1 IV CLOTHING AND UNIFORM ALLOWANCE V ECONOMIC PROVISIONS 2 VI HOURS OF WORK VII PENSIONS 3 VIII FALSE ARREST INSURANCE IX PERFORMANCE OF DUTY/NO STRIKE 4 X MANAGEMENT RIGHTS 4 XI SAVINGS CLAUSE 4 XII ENTIRE AGREEMENT 5 XIII GRIEVANCE PROCEDURE 5 XIV SPECIAL ASSIGNMENT 5 XV ACADEMIC INCENTIVE 6 XVI TERM OF AGREEMENT ? ARTICLE I - PREAMBLE This Agreement is between the City of Bremerton, Washington, (hereinafter referred to as the "Employer") and the Bremerton Police Management Association, (hereinafter referred to as the "Association") for the purpose of setting forth the mutual understanding of the parties as to salary and other conditions of employment of those employees for whom the Employer has recognized the Association as the exclusive bargaining representative. ARTICLE II - RECOGNITION The Employer recognizes the Association as the exclusive representative for all full-time and regular part-t/me police officers above the rank of sergeant, excluding the Chief of Police, Assistant Chief of Police, Deputy Chiefs of Police and all other employees. ARTICLE III - APPLICATION OF CIVIL S~RVICE R~ES ~ I~EGULATIONS It is expressly understood and agreed that nothing contained in this Agreement is intended to supersede any matter delegated to the Bremerton Civil Service Commission by state /aw or by ordinance, resolution or laws of or pertaining to the City of Bremerton and such Commission shall continue to have primary authority over the subjects within the scope of its Jurisdiction and authority. ARTICLE IV - CLOTHING AND ~NIFORMALLO~ANCE Section 1. Each employee covered by this Agreement shall be furnished uniforms as designated by the Employer. Uniforms shall be replaced on an as-needed basis as determined by the Police Department. All uniforms purchased by the Employer are to be and remain the property of the Employer. Section 2. Each employee covered by this Agreement shall receive an annual uniform cleaning allowance of two-hundred and fifty dollars ($250.00) per year. Such allowance shall be payable in the amount of one-hundred and twenty-five dollars ($125.00) during the month of January and one-hundred and twenty-five dollars ($125.00) during the month of July. Section 3. It is further agreed between the parties that in the event the Employer secures a cleaning contract with an independent cleaning company, Section 2 of this Article will become null and void. -1- ARTICLE V - ECONOMIC PROVISIONS Section 1. Salaries Employees covered by this Agreement shall be considered "Exempt" Administrative employees as defined in the Fair Labor Standards Act (29.C.F.R.) SEC 541.201 and therefore paid a monthly salary vice hourly pay. The provisions of FLSA shall apply as it relates to salary. Salary rates are set forth in Appendix B. Section 2. Longevity Payment Longevity pay, which is a rate of pay based on length of continuous service with the Employer, shall be calculated on the employee's monthly base salary rate and shall be paid monthly in addition to base pay as ehown below. Rates are set forth in Appendix C. Length of Continuous Service Rate per Month 0 - 5 years O~ 6 - 10 years 11 - 15 years 2~ 16 - 20 years 3~ 21 years and over 4~ Section 3. Sick Leave Employees covered by this Agreement shall receive sick leave benefits pursuant to established City policies. Section 4.. Vacations a. Vacation leave shall be scheduled by the Chief of Po/ice or hie designee, at such time as will least interfere with the functions and operations of the Department. b. As provided by Ordinance No. 1813, as amended, annual vacations with pay shall be earned eligible employees. Section 5. Terminal Leave The Employer agrees to continue to pay terminal leave pursuant to established policy during the term of this Agreement, as provided in Ordinance No. 1813, as amended. -2- Section 6. Medical and Dental Benefits The Employer agrees to continue to provide existing medical and dental benefits to employees during the term of this Agreement. Dependent premiums will be paid and all dependents will be converted to the AWC Medical Trust B Plan effective January 1, 1987. Section ?. Holidays Paid holidays shall be earned and administered as provided in City Ordinance. The following are the recognized holidays and these days shall be granted as paid holidays to employees under this Agreement: New Years' Day Martin Luther King Day Presidents' Day Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving Day The Day after Thanksgiving Christmas One (1) Floating Holiday The Chief of Police or his designee will have sole discretion in administering this provision. ARTICLE VI - HOURS OF WORK Employees covered by this Agreement shall work such times as required by the Employer and shall be sub3ect to call for emergency purposes at any time. ARTICLE VII - P~NSIONS Employee and Employer contributions to pension funds will be made by the Employer to the applicable pension fund in accordance with Washington State statutes. ARTICLE VIII - FALSE ARREST INSURANCE During the term of this Agreement, the Employer will maintain a false arrest insurance policy in effect with coverage thereunder in accordance with the terms and conditions of such policy. -3- ARTICLE IX - Section 1. The Association recognizes that the publlc interest requires the efficient and uninterrupted performance of all City services and pledges its beet efforts in avoiding or eliminating any conduct contrary to this objective. Nothing in this Agreement shall be construed to grant an employee the right to strike or refuse to perform his/her required duties to the best of his/her abilities. Section 2. During the term of this Agreement, the Association and those employees covered by this Agreement, shall not cause, engage in or sanction any work stoppage, strike, walkout, sit-down, stay-in, slow-down, sick- in, curtailment of work, or any picketing, patrolling, demonstration or any other form of similar individual or group activity or interference with City operations. Any of the foregoing or similar activities shall be subject to immediate discharge. ARTICLE X - MANAGEMN/~T RIGHTS Section 1. Any and all rights concerned with the management and operation of the Police Department are exclusively that of the Employer. The Employer has the right, among other actions, to adopt rules for the operation of the Department and conduct of the employees, to discipline, to lay off or discharge employees, to assign work and determine duties of employees, to schedule hours of work, to determine number of personnel to be assigned duty at any time, to determine and introduce new work methods or facilities to increase productivity, to contract for goods and services for operation of the Department and to perform all of the functions concerned with the management and operation of the Department. Section 2. The Association recognizes and expressly agrees that the City of Bremerton Police Department policies, procedures, and practices shall continue unless changed or canceled by the Chief of Police or his/her designee. ARTIC'LE XI - SAVINGS CLAUSE Should any provisions of this Agreement be found to be in violation of any federal or state law, City of Bremerton Charter, ordinance, regulation or resolutlon or declared invalid by a court action, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. --4-- Section ~. The Agreement expressed herein in writing constitutes the entire Agreement between the Employer and the Association and no oral agreement, understanding or statement shall add to or supersede any of its provisions. Section 2. The parties to this Agreement acknowledge that each has had the unlimited right and opportunity to make proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this Agreement. Therefore, the Employer and the Association each voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain with respect to any subject or matter during the term of thls Agreement. ARTICLE XIII - GRIEVANCE PROCEDURE SECTION 1. For the purpose of this Agreement, the term "grievance" is defined as ~an alleged violation in the interpretation or application of the specific provisions of this Agreement~. Section 2. a. Any alleged grievance shall be taken up first with the Chief of Police or his/her designee within five (5) working days of the occurrence. Every effort will be made to reach a resolution of the grievance at this stage. However, if no satisfactory resolution is reached the following will apply. b. The employee will reduce to written form his/her grievance stating the specific section or provision of the Agreement alleged to be violated and explain the grievance in detail. The employee shall present the written grievance to the Chief of Police or his/her designee within five (5) working days of the occurrence. The Chief will review the matter and take whatever step (s)he deems necessary to resolve the matter. The Chief will provide a written response within five (5) days of receipt of the written grievance. c. In the event the matter is not satisfactorily resolved, the employee may file a written statement to the Public Employment Relations Commission requesting that an arbitrator be assigned to hear the matter. The decision of the arbitrator shall be final and binding. --5-- d. Any costs associated with the arbitration hearing will be borne by the party incurring them. e. The arbitrator shall have no authority to alter in any way the terms and conditions of this Agreement, and shall confine his/her decision to a determination of the facts and an interpretation and application of this Agreement. ARTICLR XIV - SPRCIAL ASSIGNMENTS Section 1. Whenever an employee covered by this Agreement is assigned for a period of sixty (60) days or more by the Employer via written directive to perform all or a part of the duties and accept all or a part of the responsibilities of a higher position classification, (s)he will be paid a salary adjustment commensurate with the additional duties/responsibilities for as long as said duties/responsibilities are actually performed. Section 2. There shall be established a Police Management Academic Committee composed of the following: a. Two (2) representatives designated by the Bremerton Chief of Police. b. Two (2) representatives designated by the Bremerton Police Management Association. The Police Management Academic Committee shall meet as required to decide issues raised by the membership. ARTICLE XV - ACADEMIC INCENTIVE Section 1. It is agreed to recognize the job ~elated value of academic achievement efforts when employees are pursuing college degrees. Employees covered by this Agreement engaged in the pursuit of either undergraduate or graduate degrees related to the Law Enforcement profession shall receive limited tuition assistance if they meet the following guidelines: a. Tuition assistance is limited only to those courses related to Law Enforcement subjects and matriculation is in a state college or university in the State of Washington (i.e., Washington University, Central Washington University, Olympic College, etc.) --6-- b. Employer's responsibility is limited to course registration fee only. c. Only full-time employees in good standing in the Bremerton Police Department are eligible for tuition assistance. d. Tuition Assistance shall continue as long as a grade of C or better is maintained. e. The Police Management Academic Committee shall have the authority to terminate tuition assistance if cause is shown. A~TICLE ][VI - TE~MOF AGP~EMENT The terms of this Agreement shall be in effect January 1, 1986 and shall remain in effect up to and including June 30, 1988. Approved and ratified this ~ day of ~.~J~ , 1986. Cap~ph~. Ht tfield ATTEST: lathleen r.. McCluskey / City Clerk -?- APPENDIX A Appendix A is attached for informational purposes only and is not subject to Article XIII of the Agreement. POLICE OFFICKBS~ BILL OF RIGHTS Section 1. The wide ranging powers and duties given to the Police Department and its members involve them in all manner of contacts and relationships with the public. Of these contacts come many questions concerning the actions of members of the force. These questions often require immediate investigation by superior officers designated by the Chief of the Bremerton Police Department. In an effort to insure that these investigations are conducted in a manner which is conducive to good order and discipline, the fo/lowing guidelines are promulgated: A. Internal Investigation Defined. For the purposes of this Appendix, the term "internal investigation" means an investigation by or under the authority of the Chief of Police of activities, circumstances or events pertaining to the conduct or acts of a City law enforcement employee. Such investigation shall be deemed a "criminal investigation" where it is suspected that such conduct or acts are or may be the basis for filing a criminal charge against such employee, and shall be deemed a "major investigation" where it is suspected that such conduct or acts may also or alternatlvely be the basis for discharge, suspension or other discipline of such employee. B. Employee Advised of Alleged Misconduct. Every employee who becomes the subject of an internal investigation shall be advised at the time of any interview in connection therewith that, as the case may be, (s)he is suspected of: (1) Committing a criminal offense; (2) Misconduct which would be grounds for term/nation, suspension, or other disciplinary action; or that (s)he may be qualified for continued employment with the Po/ice Department. At the time of the interview such employee shall also be informed of the name of the officer in charge of the investigation and the name of the officer who will be conducting the interview. C. Representation by Counsel. Any employee who becomes the subject of a criminal investigation may have legal counsel present during al/ interviews of such employee. Such representation by counsel shall be confined to counseling and shall not be authority for any participation by counsel in the investigation. D. Employee to be Informed in Writing-Recorded Interviews. In the case of any major investigation and before any interview commences, the employee to be interviewed shall be informed in writing of the nature of the investigation including information necessary to reasonably apprise him/her of the allegations of any complaint and (s)he shall he afforded an opportunity and facilities to contact and consult privately with an attorney of his/her own choosing before being interviewed. Such employee may request that the interview be recorded, either mechanlcally or by a stenographer, and no questions shall be asked "off the record". Upon request, the employee under investigation shall be provided an exact copy of any written statement (s)he has signed and a verbatim transcript of any interview of such employee. E. Interviewin~ Procedures. Interviews shall be held at a reasonable hour and preferably when the employee to be interviewed is on duty unless the exigencies of the interview indicate otherwise. Whenever posslble, interviews shall be scheduled during the normal work day of the City. Interviewing shall be completed within a reasonable time and shall be accomplished under circumstances devoid of intimation or coercion. The employee being interviewed shall be entitled to such intermissions as (s)he shall request for personal necessities, meals, telephone calls, and rest periods. All interviewing shall be limited to the conduct or acts of the employee under investigation which form or may form the basis for disciplinary action, termination of employment or the filing of criminal charge. F. Intimidation of Employee Prohibited. No employee under investigation shall, as a guise for obtaining such employee's resignation, be falsely threatened with dismissal or other disciplinary action should (s)he refuse to resign, nor shall (s)he be subjected to abusive language or in any other manner lntlmated or offered promises or reward as an inducement to answer questions. APP~IDIX B POLICE HANAGEH~NT BARGAINING UNIT 1986-88 SALARY RATES Effective Sanu&r¥ 1t 1986 Captains $2989.16/mo. Llsuten&nts 2809.77/mo. Effective Sanu&r¥ It 1987 Captains Lieuten&nts 2880.25/mo. Effective $u1¥ l~ 1987 COLA Adjust Seattle CPI (N) (6 month average) Captains $3235.04/mo. Lieutenants 2952.26/mo. COLA Adjust Semttle CPI (H) (6 month average) 1988 ~I~T~8 POSITION ~ 6ALARY Lleuten&nts 0 2952.26 I 2981.78 2 3011.30 3 3040.82 4 3070.35 Captains 0 3233.04 1 3265.32 2 3247.70 3 3330.31 4 3362.36 APPKHI)XX 0 POLICE MANAGEMENT ASSOCIATION LONGEVITY TABLES 1986 RATES POSITION ~ SALARY Lieutenant 0 $2809.77 i 2837.87 2 2865.97 3 2894.06 4 2922.16 Capt&ln 0 2989.16 I 3019.05 2 3048.94 3 3078.83 4 3108.73 1987 RATES POSITION ~ SALARY Lleuten&nt 0 2880.25 i 2909.06 2 2937.86 3 2966.65 4 2995.46 C&ptaln 0 3108.72 1 3139.80 2 3170.89 3 3201.98 4 3233.06 AGREEMENT BY AND BETb~EN CITY OF BREMERTON, ~IASHINGTON AND BREHERTON POLICE MANAGEMENT ASSOCIATION January 1, 198~, through December 31, 1985 TABLE OF CONTENTS Article Pa~e I PREAMBLE 1 II RECOGNITION 1 III APPLICATIONS OF CIVIL SERVICE RULES 1 IV CLOTHING & UNIFORM ALLOWANCE 1 V ECONOMIC PROVISIONS 2 VI HOURS OF WORK 3 VII PENSIONS 3 VIII FALSE ARREST INSURANCE 3 IX PERSONNEL FILES 3 X PERFORMANCE OF DUTY/NO STRIKE 3 XI MANAGEMENT RIGHTS 4 XII SAVINGS CLAUSE 4 XIII ENTIRE AGREEMENT 4 XIV GRIEVANCE PROCEDURE 5 XV SPECIAL ASSIGNMENTS 5 XVI WORKING COMMITTEE 6 XVII TERM OF AGREEMENT 6 Article I. PREADfBLE: This ~greement is between the City of Bremerton, Washington, (hereznafter referred to as the "Employer") and the Bremerton Police ?lanagement Association, (hereinafter referred to as the Association') for the purpose of setting forth the mutual understanding of the parties as to wages, hours, and ocher conditions of emplo.yment of those employees for whom the Employer has recognized the Association as the exclusive bargaining representative. Article II. RECOGNITION: The Employer recognizes the Association as the exclusive representative for all full-time and regular payt-time police officers above the rank of sergeant, excluding the Chief of Police, Assistant Chief of Police, Deputy Chiefs of Police and all other employees. ~Cicle III. APPLICATION OF CIVIL SERVICE RULES AND REGULATIONS: l! i~,~xpr?ssly u~der~too~ and a~reed that nothing contained ~ ~n~s Agreemen~ ~s ~nt~nded to. supersede . any matter delegated to t~? Bremerton Civil Service Commission by state law or by ordinance, resolution or laws of or pertaining to the City of Bremerton and such Commission shall continue to have primary authority over the subjects within ~he scope of its ~urisdiction and authority. Article IV. CLOTHING AND UNIFORM CLEANING ALLOWANCE: Lieutenant Section 1. Each Captain/~shall be furnished uniforms as designated by the Employer. Uniforms shall be replaced on an as-needed basis as determined by the Police Department. All uniforms purchased by the Employer are to be and remain ~he property of the Employer. Lieutenant Section 2. Each Captain/^shall receive an annual uniform cleaning allowance of two-huudred and fifty dollars ($250.00) per year. Such allowance shall be payable in the amount of' one-hundred and twenty-five dollars ($125.00) during the month of January and one-hundred and twenty-five dollars ($125.00) during the month of July. Section 3. It is further the event the agreed between the parties that in · Employer secures a cleaning contract with an zndependent cleaning company, Section 2 of this Article will become null and void· - 1 - Article V. ECONOMIC PROVISIONS: Section 1. Salaries ~alaries to be. paid by the Employer ~o employe~s zn the bargaznlng unit during the period of th~s Agreement are set forth in Appendix A of this agree- ment. Section 2. Standby Compensation Lieutenant Whenever a Captain~ is required by the Employer to .~. be on-call during off-duty hours, said employee will receive eight (8) hours of compensatory leave for every seven (7) days of standby duty. Section 3. Longevity Payment Longevity pay, which is a rate of pay based on the length of continuous service with the F~nployer, shall be calculated on the employee's monthly base salary rate and shall be paid monthly in addition to base pay as follows: Length of Continuous Service Rate per Month 0 - 5 years 0%' 6 - 10 years 1% 11 - 15 years 2% 16 - 20 years 3~ 21 years and over 4% Section 4. Sick Leave Employees covered by this Agreement shall receive sick leave benefits pursuant to established City policies. Section 5. Vacations a. Vacation leave .shall. be scheduled b~ the Chief of Police or hzs deszgnee, at such t~me as will least interfere with the functions and operations of the Department. b. As provided by Ordinance No. 1813, as amended, annual vacations with pay shall be earned by eligible employees. Section 6. Terminal Leave The Employer agrees to continue to pay terminal leave pursuant to established policy during the term of this Agreement, as provided in Ordinance 1813, as amended. - 2 - Se~ction 7. Nedical and Dental Benefits The Employer agrees to continue to provide existing medical and dental benefits during the term of this Agreement. Section 8. Holidays Employees covered by this Agreement wil.1 be allowed eleven (11) holidays off per year, or if necessary, eleven (11) days off in lieu of regularly scheduled holidays. The Chief of Police or his designee will · -have sole discretion in administering this provision. Article VI. HOURS OF WORK: Employees cove~ed by this Agreement shall work such shifts a? may be a~slgned from time to time by the Employer and snal~ b~ subject to call in any emergency while off duty. It is further agreed that overtime will be administered pursuant to the provisions of Ordinance No. 3667, or as hereinafter amended by the Employer. Article VII. PENSIONS: Pensions for employees and Employer contributions to pension funds will be made by the Employer in accordance with Washington State statutes. Article VIII. FALSE ARREST INSURANCE: During the term of this Agreement, the Employer will maintain a false arrest insurance policy in effect with coverage thereunder in accordance with the terms and conditions of such policy. Article IX. PERSONNEL FILES: The Employer agrees to make a reasonable effort in developing a City-wide policy regarding employee personnel files during the term of this Agreement. Article X. PERFORMANCE OF DUTY/NO STRIKE: Section 1. The Union recognizes that the public interest requires the e fficient and uninterrupted performance of all City services and pledge their best efforts in avoiding or eliminating any conduct contrary to this objective. Nothing in this Agreement shall be construed to grant an employee the right to strike or to refuse to perform his or her required duties to the best of his or her abilities. Section 2. During the term of this Agreement, the Association and those employees covered by this Agreement, shall not cause, engage in or sanction any work stoppage, 3 - strike, walkout, sit-do.n, stay-in, slow-do.n, sick-in, curtailment of work, or any picketing, patrolling, demonstration or any other form of similar individual or group activity or interference with City operations at any of the foregozng or similar activities shall be subject to immediate discharge. Article XI. .M~NAGEHENT RIGHTS: Section 1. Any and all rights concerned with the management and operation of the Police Department are exclusively that of the Employer. The Employer has the right, among other actions, to adopt rules for the operation · ~- of t~e .Department and .conduct 'of the employees, to dsScspline, te~porarsly lay off, .or d~scharge employees, to asssgn work and determine duties .of employees, to schedule hours .of work, to determine number of personnel to be asssgnedduty at any time, to determine and introduce new work methods or facilities to increase productivity, to contract for goods and services for operation of the Department and to perform all of the functions concerned with the management and oepration of the Department. Section 2. The Association recognizes and expressly agrees that the City of Bremerton Police Department policies, procedures, and practices shall continu~ unless changed or cancelled by the Chief of Police or his designee. Article XII. SAVINGS CLAUSE: Should any provisions of this Agreement be. found to be in violation of.any federal or state law, C~ty of Bremerton Charter, ordinance, regulation or resolution- or declared invalid by a court action, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. Article XIII. ENTIRE AGREEI~NT: Section 1. The Agreement expressed herein in writing constitutes the entire Agreement between the Employer and the Association and no oral agreement, understanding or statement shall add to or supersede any of its provisions. Section 2. The parties to this Agreement acknowledge that each has had the unlimited right and opportunity to make proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this Agreement. Therefore, the Employer and the Association each voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain with respect to any subject or matter during the term of this Agreement. Article XIV. GRIEVANCE PROCEDURE: Section 1. For the purpose of this Agreement, the term "grievance" is defined as 'an alleged violation in t~e interpretation or application of the specific provisions of this Agreement'. Section 2. a. A~y alleged, grievance, shall ~e taken up first wzth the Chzef of Pohce or hzs deszgnee within five (5) working days of the occurrence. Every effort will be made .to reach a resolution of the grievance at this stage. However, if no satisfactory resolution is reached the following will apply. b. Th~ employee will reduce to .written form his grievance stating the specific section or provision of the Agreement alleged to be violated and explain the grievance in detail. The employee shall present the written grievance to the Chief of Police or his designee within five (5) working days of the occurrence. The Chief will review the matter and take whatever steps he deems necessary to resolve the matter. The Chief will provide a written response within five (5) days of receipt of the written grievance. c. In the event the matter is not satisfactorily resolved, the employee may file a written statementto the. Public Employment Relations Comm~ssson requesting that an arbitrator be assigned to hear the matter. The decision of the arbitrator shall be final and binding. d. Any costs associated with the arbitration hearing will be borne by the party incurring them. e. The arbitrator shall have no authority to alter in any way the terms and conditions of this Agreement, and shall confine his decision to a determination of the facts and an interpretation and application of this Agreement. Article XV. SPECIAL ASSIGNMENTS: Whenever an employee covered by this Agreement is assigned for a period of sixty (60) days or more by the Employer via written directive to perform all or a part of the duties and accept all or a part of the responsibilities of a higher position classification he/she will be paid a salary adjustment commensurate with the additional dutieS/responsibilities for as long as said duties/responsibilities are actually performed. Article XVI. WORKING COMMITTEE: The Employer and the Association agree to establish a working committee to study the concept of a college incentive program for Lieutenants and Captains covered by this Agreement. The Committee should be composed of equal representation and develop a mutually acceptable compromise that addresses this issue. Article XVII. TERM OF AGREEMENT: The terms of this Agreement shall be in effect January 1, 1984 and shall remain in effect up to and including December 31, 1985. Approved and ratified this \b day of -~ , 198/~'.~ CITY OF BREMERTON BREMERTON~ ~ ~G~ Attest: [athl~en L. ~cClu~k~y ~ City Clerk - 6 - APPENDIX I Appendix I is attached for informational purposes only and is not subject to Article XIV of the Agreement. POLICE OFFICgRS' BILL OF RIGHTS Section 1. The wide · . ranging p~wers and duties given to the Police Department ano .~ts ~embers involve them in all manner of contacts and relationships wi~h the public. Of these contacts come many questions concerning t~e actions.of members .of ~he force. Th?e questions often require immediate invest~gatzon by superior officers designated by the Chief of the Bremerton Police Department. In an effort to insure that these investigations are conducted in a manner which is conducive to good order and discipline, the following guidelines are promulgated: A. Internal investigation defined. For the purposes of chis chapter, the term "internal investigation" means an investigation by or under the authority of the Chief of Police of activities, curcumsta~ces or events pertaining to the conduct o~ acts of a Czty law enforcement officer. Such investtgatzon shall be deemed a "crzmznal znvestzgatzon where it is suspected that such conduct or acts are or may be the basis for filing a criminal charge against such officer, aud shall be deemed a "major investigation" where it is suspected that such conduct or acts may also or alternatively be the basis for discharge, suspension or other discipline of such officer. B. Officer sdvised of alleged misconduct. Every officer who becomes the subject of an internal investigation shall be advised at the time of any interview in connection therewith that, as the case may be, he is suspected of: (1) Committing a criminal offense; (2) ~isconduct which would be grounds for termination, suspension, or other disciplinary action; or that he may be qualified for continued employment with the police department. At the time of the interview such officer shall also be informed of the name of the officer in charge of the investigation and the name of the officer who will be conducting the interview. C. Representation b~ counsel.. Any officer who becomes the subject of a criminal lnvestigat~on may have legal counsel present during all interviews of such officer. Such representation by counsel shall be confined to counseling and shall not be authority for any participation by counsel in the investigation. - i D. Officer to be informed in ~ritin~-Re¢orded interviews. In the case of any major investzgation and before any interview commences, the officer to be interviewed shall be informed in writing of the nature of the investigatiOn including information necessary to reasonably apprise him of the allegations of any complaint and he shall be afforded an opportunity and facilities to contact and consult privately with an attorney of bis own choosing before being interviewed. Such officer .may request that the interview be recorded, either mechanically or by a stenographer, and no questions sh~ll be asked "off the record". Upon request, the officer un~r investigation, sb~ll b~ provided an exact copy of any w~lcten, statement he nas signed and a verbatim transcript o£ any Interview of such officer. - E. Interviewin~ procedures. Interviews shall be .held at a reasonable hour and preferably when the officer to be interviewed is on duty unless the exigencies of the interview indicate otherwise. Whenever p ossible, interviews shall be scheduled during the normal work day of the City. Interviewing shall be completed within a reasonable time and shall be accomplished under circumstances devoid of intimidation or coercion. The officer being interviewed shall be entitled t? ~uch intermissions as he shall request for personal necessities, meals, telephone calls, 'and rest periods. All interviewing shall be limited to the conduct or acts of the officer under investigation which form or may form the basis for disciplinary action, termination of employment or the filing of criminal charge. F. Intimidation of officer prohibited. No officer under investigation shall, as a ~uise for obtaining such officer's resignation, be falsely threatened with dismissal or other disciplinary action should he refuse to resign, nor shall he be subjected to abusive language or in any other manner intimidated or offered promises or reward as an inducement to answer questions. ii - APPENDIX A POLICE MANAGEMENT BARGAINING UNIT - 1984 RATES Effective 1-1-84 Base Wa~e Captains 2846.82 Lieutenants 2675.97 Effective 1-1-85 Captains 2989.16 Lieutenants 2809.77 POLICE MANAGEMENT BARGAINING UNIT - 1984 RATES Position ~ Hourl~ Bi-Weekly Monthly Lieutenant 0 15.44 1235.06 2675.97 1 15.59 1247.41 2702.73 2 15.75 1259.77 2729.49 3 15.90 1272.12 2756.25 4 16.06 1284.47 2783.01 Captain 0 16.42 1313.92 2846.82 I 16.59 1327.06 2875.29 2 16.75 1340.20 2903.76 3 16.92 1353.33 2932.22 4 17.08 1366.47 2960.69 POLICE MANAGEMENT BARC~AINING UNIT - 1985 RATES Position ~ Hourly Bi-Weekly Monthly Lieutenant 0 16.21 1296.82 2809.77 I 16.37 1309.79 2837.87 2 16,53 1322.76 2865.97 3 16,70 1335,72 2894.06 4 16.86 1348.69 2922.16 Captain 0 17.25 1379.61 2989.16 I 17.42 1393.41 3019.05 2 17.59 1407.20 3048.94 3 17.76 1421.00 3078,83 4 17.93 1434.80 3108.73 AGREEMENT BY AND BETWEEN CITY OF BREME~TON, WASHINGTON AND BRENt~TON POLICE NANAGEMENT ASSOCIATION January 1, 1984 through December 31, 198~ TABLE OF CONTENTS Article Pase I PREAMBLE 1 II RECOGNITION 1 III APPLICATIONS OF CIVIL SERVICE RULES 1 IV CLOTHING & UNIFORM ALLOWANCE 1 V ECONOMIC PROVISIONS 2 VI HOURS OF WORK 3 VII PENSIONS 3 VIII FALSE ARREST INSURANCE 3 IX PERSONNEL FILES 3 X PERFORMANCE OF DUTY/NO STRIKE 3 XI MANAGEMENT RIGHTS 4 XII SAVINGS CLAUSE 4 XIII ENTIRE AGREEMENT 4 XIV GRIEVANCE PROCEDURE 5 XV SPECIAL ASSIGNMENTS 5 XVI WORKING COMMITTEE 6 X¥II TERM OF AGREEMENT 6 Article I. PREAHBLE: This Agreement is between the City of Bremerton, Washington, (hereinafter referred to as the "Employer") and the Bremerton Police Management Association, (hereinafter referred to as the "Association") for the purpose of setting forth the mutual understanding of the parties as to wages, hours, and other conditions of employment of those employees for whom the Employer has recognized the Association as the exclusive bargaining representative. Article II. RECOGNITION: The Employer recognizes the Association as the exclusive representative for all full-time and regular part-time police officers above the rank of sergeant, excluding the Chief of Police, Assistant Chief of Police, Deputy Chiefs of Police and all other employees. Article III. APPLICATION OF CIVIL SERVICE RULES AND REGULATIONS: It is expressly understood and agreed that nothing contained in this Agreement is intended to. supersede any matter delegated to the Bremerton Civil Service Commission by state law or by ordinance, resolution or laws of or pertaining to the City of Bremerton and such Commission shall, continue to have primary authority over the subjects within the scope of its jurisdiction and authority. Article IV. CLOTHING AND UNIFORM CLEANING ALLOWANCE: Lieutenant Section 1. Each Captain/,shall be furnished uniforms as designated by the Employer. Uniforms shall be replaced on an as-needed basis as determined by the Police Department. All uniforms purchased by the Employer are to be and remain the property of the Employer. Lieutenant Section 2. Each Captain/^shall receive an annual uniform cleaning allowance of two-hundred and fifty dollars ($250.00) per year. Such allowance shall be payable in the amount of one-hundred and twenty-five dollars ($125.00) during the month of January and one-hundred and twenty-five dollars ($125.00) during the month of July. Section 3. It is further agreed between the parties that in the event .the Employer secures a cleaning contract with an ~ndependent cleaning company, Section 2 of this Article will become null and void. - 1 Article V. ECONOMIC PROVISIONS: Section 1. Salaries Salaries to be paid by the Employer to employees in the bargaining unit during the period of this Agreement are set forth in Appendix A of this agree- ment. Section 2. Standby Compensation Lieutenant Whenever a Captain~ is required by the Employer to '~ be on-call during off-duty hours, said employee will receive eight (8) hours of compensatory leave for every seven (7) days of standby duty· Section 3. Longevity Payment Longevity pay, which is a rate of pay based on the length of continuous service with the Employer, shall be calculated on the employee's monthly base salary rate and shall be paid monthly in addition to base pay as follows: Length of Continuous Service Rate per Month 0 5 years 0% 6 10 years 1% 11 - 15 years 2% 16 - 20 years 3% 21 years and over Section 4. Sick Leave Employees covered by this Agreement shall receive sick leave benefits pursuant to established City policies. Section 5. Vacations a. Vacation leave shall be scheduled by the Chief of Police or his designee, at such time as will least interfere with the functions and operations of the Department. b. As provided by Ordinance No. 1813, as amended, annual vacations with pay shall be earned by eligible employees. Section 6. Terminal Leave The Employer agrees to continue to pay terminal leave pursuant to established policy during the term of this Agreement, as provided in Ordinance 1813, as amended. Section 7. Medical and Dental Benefits The Employer agrees to continue to provide existing medical and dental benefits during the term of this Agreement. Section 8. Holidays Employees covered by this Agreement will be allowed eleven (11) holidays off per year, or if necessary, eleven (11) days off in lieu of regularly scheduled holidays. The Chief of Police or his designee will have sole discretion in administering this provision. Article VI. HOURS OF WORK: Employees cove~ed by this Agreement shall work such shifts as may be assigned from time to time by the Employer and shall be subject to call in any emergency while off duty. It is further agreed that overtime will be administered pursuant to the provisions of Ordinance No. 3667, or as hereinafter amended by the Employer. Article VII. PENSIONS: Pensions for employees and Employer contributions tp pension funds will be made by the Employer in accordance with Washington State statutes. Article VIII. FALSE ARREST INSURANCE: During the term of this Agreement, the Employer will maintain a false arrest insurance policy in effect with coverage thereunder in accordance with the terms and conditions of such policy. Article IX. PERSONNEL FILES: The Employer agrees to make a reasonable effort in developing a City-wide policy regarding employee personnel files during the term of this Agreement. Article X. PERFORI~NCE OF DUTY/NO STRIKE: Section 1. The Union recognizes that the public interest requires the efficient and uninterrupted performance of all City services and pledge their best efforts in avoiding or eliminating any conduct contrary to this objective. Nothing in this Agreement shall be construed to grant an employee the right to strike or to refuse to perform his or her required duties to the best of his or her abilities. Section 2. During the term of this Agreement, the Association and those employees covered by this Agreement, shall not cause, engage in or sanction any work stoppage, 3 strike, walkout, sit-do~n, stay-in, slow-down, sick-in, curtailment of work, or any picketing, patrolling, demonstration or any other form of similar individual or group activity or interference with City operations at any of the foregoing or similar activities shall be subject to fmmediate discharge. Article XI. MANAGEMENT RIGHTS: Section 1. Any and all rights concerned with the management and operation of the Police Department are exclusively that of the Employer. The Employer has the right, among other actions, to adopt rules for the operation . .~ of the Department and conduct of the employees, to discipline, temporarily lay off, or discharge employees, to assign work and determine duties of employees, to schedule hours of work, to determine number of personnel to be assigned duty at any time, to determine and introduce new work methods or facilities to increase productivity, to contract for goods and services for operation of the Department and to perform all of the functions concerned with the management and oepration of the Department. Section 2. The Association recognizes and expressly agrees that the City of Bremerton Police Department policies, procedures, and practices shall continue unless changed or cancelled by the Chief of Polic~ or his designee. Article XII. SAVINGS CLAUSE: Should any provisions of this Agreement be found to be in violation of any federal or state law, City of Bremerton Charter, ordinance, regulation or resolution or declared invalid by a court action, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. Article XIII. ENTIRE AGREEMENT: Section 1. The Agreement expressed herein, in writing constitutes the entire Agreement between the Employer and the Association and no oral agreement, understanding or statement shall add to or supersede any of its provisions. Section 2. The parties to this Agreement acknowledge that each has had the unlimited right and opportunity to make proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this Agreement. Therefore, the Employer and the Association each voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain with respect to any subject or matter during the term of this Agreement. Article XIV. GRIEVANCE PROCEDURE: Section 1. For the purpose of this Agreement, the term "grievance" is defined as 'an alleged violation in the interpretation or application of the specific provisions of this Agreement' Section 2. a. Any alleged grievance shall be taken up first with the Chief of Police or his designee within five (5) working days of the occurrence. Every effort will be made to reach a resolution of the grievance at this stage. However, if no satisfactory resolution is reached the following will apply. b. The employee will reduce to written form his grievance stating the specific section or provision of the Agreement alleged to be violated and explain the grievance in detail. The employee shall present the written grievance to the Chief of Police or his designee within five (5) working days of the occurrence. The Chief will review the matter and take whatever steps he deems necessary to resolve the matter. The Chief will provide a written response within five (5) days of receipt of the written grievance. c. In the event the matter is not satisfactorily resolved, the employee may file a written statement to the Public Employment Relations Commission requesting that an arbitrator be assigned to hear the matter. The decision of the arbitrator shall be final and binding. d. Any costs associated with the arbitration hearing will be borne by the party incurring them. e. The arbitrator shall have no authority to alter in any way the terms and conditions of this Agreement, and shall confine his decision to a determination of the facts and an interpretation and application of this Agreement. Article XV. SPECIAL ASSIGNMENTS: Whenever an employee covered by this Agreement is assigned for a period of sixty (60) days or more by the Employer via written directive to perform all or a part of the duties and accept all or a part of the responsibilities of a higher position classification he/she will be paid a salary adjustment commensurate with the additional duties/responsibilities for as long as said duties/responsibilities are actually performed. - 5 - Article XVI. WORKING COMMITTEE: The Employer and the Association agree to establish a working committee to study the concept of a college incentive program for Lieutenants and Captains covered by this Agreement. The Committee should be composed of equal representation and develop a mutually acceptable compromise that addresses this issue. Article XVII. TERM OF AGREEMENT: The terms of this Agreement shall be in effect January 1, 1984 and shall remain in effect up to and including December 31, 1985. Approved and ratified this \~ day of ~~ , 1984. CITY OF BRE~E~TON BR~ME~TON~ ~CE MANAGEMENT sy ,~/i. ~/.  ~[~ ~ F.~atf~l~ Attest: Kathleen L. ~cClu~key City Clerk - 6 - APPI~IDIX I Appendix I is attached for informational purposes only and is not subject to Article XIV of the Agreement. POLICE OFFICERS' BILL OF SectiOn 1. The wide ranging powers and duties given to the Police Department and its members involve them in all manner of contacts and relationships with the public. Of these contacts come many questions concerning the actions of members of the force. These questions often require immediate investigation by superior officers designated by the Chief of the Bremerton Police Department. In an effort to insure that these investigations are conducted in a manner which is conducive to good order and discipline, the following guidelines are promulgated: A. Internal investigation defined. For the purposes of this chapter, the term "internal investigation" means an investigation by or under the authority of the Chief of Police of activities, curcumstances or events pertaining to the conduct or acts of a City law enforcement officer. Such investigation shall be deemed a "criminal ihvestigation" where it is suspected that such conduct or acts are or may be the basis for filing a criminal charge against such officer, and shall be deemed a "major investigation" where it is suspected that such conduct or acts may also or alternatively be the basis for discharge, suspension or other discipline of such officer. B. Officer advised of alle~ed misconduct. Every officer who becomes the subject of an internal investigation shall be advised at the time of any interview in cohnection therewith that, as the case may be, he is suspected of: (1) Committing a criminal offense; (2) Misconduct which would be grounds for termination, .suspension, or other disciplinary action; or that he may be qualified for continued employment with the police department. At the time of the interview such officer shall also be informed of the name of the officer in charge of the investigation and the name of the officer who will be conducting the interview. C. Representation by counsel. Any officer who becomes the subject of a criminal investigation may have legal counsel present during all interviews of such officer. Such representation by counsel shall be confined to counseling and shall not be authority for any participation by counsel in the investigation. - i - D. Officer to be informed in writing-Recorded interviews. In the case of any major investigation and before any interview commences, the officer to be interviewed shall be informed in writing of the nature of the investigation including information necessary to reasonably apprise him of the allegations of any complaint and he shall be afforded an opportunity and facilities to contact and consult privately with an attorney of his own choosing before being interviewed. Such officer may request that the interview be recorded, either mechanically or by a stenographer, and no questions shall be asked "off the record". Upon request, the officer under investigation shall be provided an exact copy of any written statement he has signed and a verbatim transcript of any interview of such officer. E. Interviewin~ procedures. Interviews shall be held at a reasonable hour and preferably when the officer to be interviewed is on duty unless the exigencies of the interview indicate otherwise. Whenever p ossible, interviews shall be scheduled during the normal work day of the City. Interviewing shall be completed within a reasonable time and shall be accomplished under circumstances devoid of intimidation or coercion. The officer being interviewed shall be entitled to such intermissions as he shal~ request for personal necessities, meals, telephone calls, and rest periods. All interviewing shall be limited to the conduct or acts of the officer under investigation which form or may form the basis for disciplinary action, termination of employment or the filing of criminal charge. F. Intimidation of officer prohibited. No officer under investigation shall, as a guise for obtaining such officer's resignation, be falsely threatened with dismissal or other disciplinary action should he refuse to resign, nor shall he be subjected to abusive language or in any other manner intimidated or offered promises or reward as an inducement to answer questions. ii APPEI~'~IX A POLICE I~AGEM_ENT BARGAINING UNIT 1984 RATES Effective 1-1-84 Base Wage Captains 2846.82 Lieutenants 2675.97 Effective 1-1-85 Captains 2989.16 Lieutenants 2809.77 AGREEMENT BY AND BETWEEN CITY OF BREMERTON, WASHINGTON AND BREMERTON POLICE MANAGEMENT ASSOCIATION January 1, 1983 through Dece~er 31, 1983 TABLE OF CONTENTS Article Pa~e I PREAMBLE 1 II RECOGNITION 1 III APPLICATIONS OF CIVIL SERVICE RULES 1 IV CLOTHING & UNIFORM ALLOWANCE 1 V ECONOMIC PROVISIONS 1 VI HOURS OF WORK 3 VII PENSIONS 3 VIII FALSE ARREST INSURANCE 3 IX PERSONNEL FILES 3 X PERFORr,~NCE OF DUTY/NO STRIKE 3 XI MANAGEMENT RIGHTS 3 XII SAVINGS CLAUSE 4 XIII ENTIRE AGREEMENT 4 XIV GRIEVANCE PROCEDURE 4 XV SPECIAL ASSIGNMENTS 5 XVI WORKING CO~4ITTEE 5 XVII TERM OF AGREEMENT 5 Article I. PREAMBLE: This Agreement is between the City of Bremerton, Washington (hereinafter referred to as the "Enl~loyer") and the Bremerton Police Management Association, (hereinafter referred to as the "Association") for the purpose of setting forth the mutual understanding of the parties as to wages, hours, and other conditions of employment of those employees for whom the Employer has recognized the Association as the exclusive bargaining representative. Article II. RECOGNITION: The Employer recognizes the Association as the exclusive representative for all full-time and regular part-time police officers above the rank of sergeant, excluding the Chief of Police, Assistant Chief of Police, Deputy Chiefs of Police and all other employees. Article III. APPLICATION OF CIVIL SERVICE RULES AND REGULATIONS: It is expressly understood and agreed that nothing contained in this Agreement is intended to supersede any matter delegated to the Bremerton Civil Service Commission by state law or by ordinance, resolution or laws of or pertaining to the City of Bremerton and such Conmlission shall continue to have primary authority over the subjects within the scope of its jurisdiction and authority. Article IV. CLOTHING AND UNIFORM CLEANING ALLOWANCE: Section 1. Each Captain shall be furnished uniforms as designated by the Employer. Uniforms shall be replaced on an as-needed basis as determined by the Police Department. All uniforms purchased by the Employer are to be and remain the property of the Employer. Section 2. Each Captain shall receive an annual uniform cleaning allowance of two-hundred and fifty dollars ($250.00) per year. Such allowance shall be payable in the amount of one-hundred and twenty-five dollars ($125.00) during the month of January and one-hundred and twenty five dollars ($125.00) during the month of July. Section 3. It is further agreed between the parties that in the event the Employer secures a cleaning contract with an independent cleaning company, Section 2 of this Article will become null and void. Article V. ECONOMIC PROVISIONS: Section 1, Salaries Effective July 1, 1983 Captain's salaries shall be increased to $2791.00 per month. Lieutenant's salaries shall be increased to $2623.50 per month effective October 1, 1983. -1- Section 2. Standby Compensation Whenever a Captain is required by the Employer to be on-call during off-duty hours, said employee will receive eight (8) hours of compensatory leave for every seven (7) days of standby duty. Section 3. Longevity Payment Longevity pay, which is a rate of paj~ based on the length of continuous service with the Employer, shall be calculated on the employee's monthly base salary rate and shall be paid monthly in addition to base pay as follows: Length of Continuous Service Rate per Month 0-5 years 0% 6-10 years 1% 11-15 years 2% 16-20 years 3% 21 years and over 4% Section 4. Sick Leave Employees covered by this Agreement shall receive sick leave benefits pursuant to established City policies. Section 5. Vacations (a.) Vacation leave shall be scheduled by the Chief of Police or his designee, at such time as will least interfere with the functions and operations of the Department. (b.) As provided by Ordinance No. 1813, as amended, annual vacations with pay shall be earned by eligible employees. Section 6. Terminal Leave The Employer agrees to continue to pay terminal leave pursuant to established policy during the term of this Agreement, as provided in Ordinance 1813, as amended. Section 7. Medical and Dental Benefits The Employer agrees to continue to provide existing medical and dental benefits during the term of this Agreement. Section 8. Holidays Employees covered by this Agreement will be allowed eleven (11) holidays off per year, or if necessary, eleven (11) days off in lieu of regularly scheduled holidays. The Chief of Police or his desginee will have sole discretion in administering this provision. -2- Article VI. HOURS OF WORK: Employees covered by this Agreement shall work such shifts as may be assigned from time to time by the Employer and shall be subject to call in any emergency while off duty. It is further a§reed that overtime will be administered pursuant to the provisions of Ordinance No. 3667 or as hereinafter amended by the Employer. Article VII. PENSIONS: Pensions for employees and Employer contributions to pension funds will be made by,the Employer in accordance with Washington State statutes. Article VIII. FALSE ARREST INSURANCE: During the term of this Agreement the Employer will maintain a false arrest insurance policy in effect with coverage thereunder in accordance with the terms and conditions of such policy. Article IX. PERSONNEL FILES: The Employer agrees to make a reasonable effort in developing a City-wide policy regarding employee personnel files during the term of this Agreement. Article X. PERFORMANCE OF DUTY/NO STRIKE: Section 1. The Union recognizes that the public interest requires the efficient and uninterrupted performance of all City services and pledge their best efforts in avoiding or eliminating any conduct contrary to this objective. Nothing in this Agreement shall be construed to grant an e~loyee the right to strike or to refuse to perform his or her required duties to the best of his or her abilities. Section 2. During the term of this Agreement, the Association and those employees covered by this Agreement shall not cause, engage in or sanction any work stoppage, strike, walkout, sit-down, stay-in, slow-down, sick-in, curtailment of work, or any picketing, patrolling, demonstration or any other form of similar individual or group activity or interference with City operations at any of the foregoing or similar activities shall be subject to immediate discharge. Article XI. MANAGEMENT RIGHTS: Section 1. Any and all rights concerned with the management and operation of the Police Department are exclusively that of the Employer. The Employer has the right, among other actions, to adopt rules for the operation of the Department and conduct of the employees, to discipline, temporarily lay off, or discharge employees, to assign work and determine duties of employees, to schedule hours of work, to determine number of personnel to be assigned duty at any time, to determine and introduce new work methods or facilities to increase ~roductivity, to contract for goods -3- and services for operation of the Department and to perform all of the functions concerned with the management and operation of the Department. Section 2. The Association recognizes and expressly agrees that the City of Bremerton Police Department policies, procedures, and practices shall continue unless changed or cancelled by the Chief of Police or his designee. Article XII. SAVINGS CLAUSE: Should any provisions of this Agreement be found to be in violation of any federal or state law, City of Bremerton Charter, ordinance, regulation or resolution or declared invalid by a court action, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. Article XIII. ENTIRE AGREEMENT: Section 1. The Agreement expressed herein in writing constitutes the entire Agreement between the Employer and the Association and no oral agreement, understanding or statement shall add to or supersede any of its provisions. Section 2. The parties to this Agreement acknowledge that each has had the unlimited right and opportunity to make proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this Agreement. Therefore, the Employer and the Association each voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain with respect to any subject or matter during the term of this Agreement. Article XIV. GRIEVANCE PROCEDURE: Section 1. For the purpose of this Agreement the term grievance is defined as an alleged violation in the interpretation or application of the specific provisions of this Agreement. Section 2. (a.) Any alleged grievance shall be taken up first with the Chief of Police or his designee within five (5) working days of the occurance. Every effort will be made to reach a resolution of the grievance at this stage. However, if no satisfactory resolution is reached the following will apply. (b.) The employee will reduce to written form his grievance stating the specific section or provision of the Agreement alleged to be violated and explain the grievance in detail. The employee shall present the written grievance to the Chief of Police or his designee within five (5) working days of the occurance. The Chief will review the matter and take whatever steps he deems necessary to resolve the matter. The Chief will provide a written response within five (5) days of receipt of the written grievance. -4- (c.) In the event the matter is not satisfactorily resolved the employee may file a written statement to the Public Employment Relations Commission requesting that an arbitrator be assigned to hear the matter. The decision of the arbitrator shall be final and binding. (d.) Any costs associated with the arbitration hearing will be borne by the party incurring them. (e.) The arbitrator shall have no authority to alter in any way the terms and conditions of this Agreement, and shall confine his decision to a determination of the facts and an interpretation and application of this agreement. Article XV. SPECIAL ASSIGNMENTS: Whenever an employee covered by this Agreement is assigned for a period of sixty (60) days or more by the Employer via written directive to perform all or a part of the duties and accept all or a part of the the responsibilities of a higher position classification he/she will be paid a salary adjustment commensurate wi th the additional duties/ responsibilities for as long as said duties/responsibilities are actually performed. Articl~e XVI. WORKING COMMITTEE: The Employer and the Association agree to establish a working committee to study the concept of a college incentive program for Lieutenants and Captains covered by this Agreement. The Committe should be composed of equal representation and develop a mutually acceptable compromise that addresses this issue. Article XVII. TERM OF AGREEMENT: The terms of this Agreement shall be in effect January 1, 1983 and shall remain in effect up to and including December 31, 1983. Approved and ratified this ~day of ~/!~, '~ , ,- .... 1984. CITY OF BREMERTON .~/ . ..BREMERTON ~CE MANAGF~M~:ASSOCIAT~N By '? , ~Tri6 G. Daw~inS$ Mayor ~ ~_~ %~i i tfield Attest: 9-_ Kathleen L. McCluskey / City Clerk -5- APPENDIX I Appendix I is attached for informational purposes only and is not subject to Article XIV of the Agreement. OFFICERS BILL OF RIGHTS Section 1. The wide ranging powers and duties given to the Police Department and its members involve them in all manner of contacts and relationships with the public. Of these contacts come many questions concerning the actions of members of the force. These questions often require immediate investigation by superior officers designated by the Chief of the Bremerton Police Department. In an effort to insure that these investigations are conducted in a manner which is conducive to good order and discipline, the following guidelines are promulgated: A. ~nter~n~l investi§ation defined. For the purposes of this chapter, term "internal investigation" means an investigation by or under the ~a~thority of the Chief of Police of activities, circumstances or events pertaining to the conduct or acts of a City law enforcement officer. Such investigation shall be deemed a "criminal investigation" where it is suspected that such conduct or acts are or may be the basis for filing a criminal charge against such officer, and shall be deemed a "major investigation" where it is suspected that such conduct or acts may also or alternatively be the basis for discharge, suspension or other discipline of such officer. B. Officer advised of alleged misconduct. Every officer who becomes the subject of an internal investigation shall be advised at the time of any interview in connection therewith that, as the case may be, he is suspected of: ('1.) Committing a criminal offense: (2.) Misconduct which would be grounds for termination, suspension, or other disciplinary action; or that he may be qualified for continued employment with the police department. At the time of the interview such officer shall also be informed of the name of the officer in charge of the investigation and the name of the officer who will be conducting the interview, c. Representation by counsel. Any officer who becomes the subject of a cr--i~inalinvestigation nly-have legal counsel presentduring all interviews of such officer. Such representation by counsel shall be confined to counseling and shall not be authority for any participation by counsel in the investigation. D. Officer to be informed in writinq-Recorded interviews. In the case of any major investigation and before any interview commences, the officer to be interviewed shall be informed in writing of the nature of the investigation including information necessary to reasonably apprise him of the allegations of any complaint and he shall be afforded an opportunity and facilities to contact and consult privately with an attorney of his own choosing before being interviewed. Such officer may request that the interview be recorded, either mechanically or by a stenographer, and no questions shall be asked "off-the-record". Upon request, the officer under investigation shall be provided an exact copy of any written statement he has signed and a verbatim transcript of any interview of such officer. E. ~n~te_rview_in~ procedures. Interviews shall be hel, d at a reasonable hour and preferably When the officer to be interviewed is on duty unless the ixigencies of the interview indicate otherwise. Whenever possible interviews shall be scheduled during the normal work day of the City. Interviewing shall be completed within a reasonable time and shall be accomplished under circumstances devoid of intimidation or coercion. The officer being interviewed shall be entitled to such intermissions as he shall request for personal necessities, meals, telephone calls, and rest periods. All interviewing shall be limited in scope to activities, circumstances or events which pertain to the conduct or acts of the officer under investigation which form or may form the basis for disciplinary action, termination of employment or the filing of criminal charge. F. Intimidation of officer prohibited. No officer under investigation ~'h~l, as a gUise for obtaining Such officer's resignation, be falsely threatened with dismissal or other disciplinary action should he refuse to resign, nor shall he be subjected to abusive language or in any other manner intimidated or offered promises or reward as an inducement to answer questions. POLICE ~U~NAGEMENT BARGAINING UNIT - 1983 RATES Effective 7-1-83 Base wa'ge 1~% 2~% 3% 4~% Captains $2791.00/16.10 16.26 16.42 16.58 16.75 Effective 10-1-83 Lieutenants $2623.50/15.14 15.29 15.44 15.59 15.74 AGREEMENT BY AND BETWEEN CITY OF BREMERTON, WASHINGTON AND BREMERTON POLICE MANAGEMENT ASSOCIATION Article I. PREAMBLE: This Agreement is between the City of Bremerton, Washington (hereinafter referred to as the "Employer") and the Bremerton Police Management Association, (hereinafter referred to as the "Association") for the purpose of setting forth the mutual understanding of the parties as to wages, hours, and other conditions of employment of those employees for whom the Employer has recognized the Association as the exclusive bargaining representative. Article II. RECOGNITION: The Employer recognizes the Association as the exclusive representative for all full-time and regular part-time police officers above the rank of sergeant, excluding the Chief of Police, Assistant Chief of Police, Deputy Chiefs of Police and all other employees. Article III. APPLICATION OF CIVIL SERVICE RULES AND REGULATIONS: It is expressly understood and agreed that nothing contained in this Agreement is intended to supersede any matter delegated to the Bremerton Civil Service Commission by state law or by ordinance, resolution or laws of or pertaining to the City of Bremerton and such Commission shall continue to have primary authority over the subjects within the scope of its jurisdiction and authority. Article IV. CLOTHING AND UNIFORM CLEANING ALLOWANCE: Section 1. Each Captain shall be furnished uniforms as designated by the Employer. Uniforms shall be replaced on an as-needed basis as determined by the Police Department. All uniforms purchased by the Employer are to be and remain the property of the Employer. Section 2. Each Captain shall receive an annual uniform cleaning allowance of two-hundred and fifty dollars ($250.00) per year. Such allowance shall be payable in the amount of one-hundred and twenty-five dollars ($125.00) during the month of January and one-hundred and twenty five dollars ($125.00) during the month of July. Section 3. It is further agreed between the parties that in the event the Employer secures a cleaning contract with an independent cleaning company, Section 2 of this Article will become null and void. Article V. ECONOMIC PROVISIONS: Section 1. Salaries Effective January 1, 1982 the monthly base salary rate for employees covered by this Agreement will be $2506.18. In recognition of a base salary disparity between employees covered by this Agreement and the average prevailing base salary within the industry, for comparable employers and positions with similar responsibility factors, the Employer agrees that effective July 1, 1982, employees will be paid an additional fifty dollars ($50.00) per month for the sole purpose of reducing this salary disparity during the term of this Agreement. Section 2. Standby Compensation Whenever a Captain is required by the Employer to be on-call during off-duty hours, said employee will receive eight (8) hours of compensatory leave for every seven (7) days of standby duty. Section 3. Longevity Payment Longevity pay, which is a rate of pay based on the length of continuous service with the Employer, shall be calculated on the employee's monthly base salary rate and shall be paid monthly in addition to base pay as follows: Length of Continuous Service Rate per Month 0-5 years 0% 6-10 years 1% 11-15 years 2% 16-20 years 3% 2t years and over 4% Section 4. Sick Leave Employees covered by this Agreement shall receive sick leave benefits pursuant to established City policies. Section 5. Vacations (a) Vacation leave shall be scheduled by the Chief of Police or his designee, at such time as will least interfere with the functions and operations of the Department. (b) As provided by Ordinance 1813, as amended, annual vacations with pay shall be earned by eligible employees. -2- Article V. (continued) Section 6. Terminal Leave The Employer agrees to continue to pay terminal leave pursuant to established policy during the term of this Agreement, as provided in Ordinance 1813, as amended. Section 7. Medical and Dental Benefits The Employer agrees to continue to provide existing medical and dental benefits during the term of this Agreement. Section 8. Holidays Employees covered by this Agreement will be allowed eleven (ll) holidays off per year, or if necessary, eleven (ll) days off in lieu of regularly scheduled holidays. The Chief of Police or his designee will have sole discretion in administering this provision. Article VI. HOURS OF WORK: Employees covered by this Agreement shall work such shifts as may be assigned from time to time by the Employer and shall be subject to call in any emergency while off duty. It is further agreed that overtime will be administered pursuant to the provisions of Ordinance No. 3667 or as hereinafter amended by the Employer. Article VII. PENSIONS: Pensions for employees and Employer contributions to pension funds will be made by the Employer in accordance with Washington State statutes. Article VIII. FALSE ARREST INSURANCE: During the term of this Agreement the Employer will maintain a false arrest insurance policy in effect with coverage thereunder in accordance with the terms and conditions of such policy. Article IX. PERSONNEL FILES: The Employer agrees to make a reasonable effort in developing a City-wide policy regarding employee personnel files during the term of this Agreement. Article X. PERFORMANCE OF DUTY/NO STRIKE: Section 1. The Union recognizes that the public interest requires the efficient and uninterrupted performance of all City services and pledge their best efforts in avoiding or eliminating any conduct contrary to this objective. Nothing in this Agreement shall be construed to grant an employee the right to strike or to refuse to perform his or her required duties to the best of his or her abilities. Section 2. During the term of this Agreement, the Association and those employees covered by this Agreement shall not cause, engage in or sanction any work stoppage, strike, walkout, sit-down, stay-in, slow-down, sick-in, curtailment of work, or any picketing, patrolling, demonstration or any other form of similar individual or group activity or interference with City operations at any of the foregoing or similar activities shall be subject to immediate discharge. Article XI. MANAGEMENT RIGHTS: Section 1. Any and all rights concerned with the management and operation of the Police Department are exclusively that of the Employer. The Employer has the right, among other actions, to adopt rules for the operation of the Department and conduct of the employees, to discipline, temporarily lay off, or discharge employees, to assign work and determine duties of employees, to schedule hours of work, to determine number of personnel to be assigned duty at any time, to determine and introduce new work methods or facilities to increase productivity, to contract for goods and services for operation of the Department and to perform all of the functions concerned with the manacement and operation of the Department. Section 2. The Association recognizes and expressly agrees that City of Bremerton Police Department policies, procedures, and practices shall continue unless changed or cancelled by the Chief of Police or his designee. Article XII. SAVINGS CLAUSE: Should any provisions of this Agreement be found to be in violation of any federal or state law, City of Bremerton Charter, ordinance, regulation or resolution or declared invalid by a court action, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. Article XIII. ENTIRE AGREEMENT: Section 1. The Agreement expressed herein in writing constitutes the entire Agreement between the Employer and the Association and no oral agreement, understanding or statement shall add to or supersede any of its provisions. Section 2. The parties to this Agreement acknowledge that each has had the unlimited right and opportunity to make proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this Agreement. Therecore, the Employer and the Association each voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain with respect to any subject or matter during the term of this Agreement. Article XIV. GRIEVANCE PROCEDURE: Section 1. For the purpose of this Agreement the term grievance is defined as an alleged violation in the interpretation or application of the specific provisions of this Agreement. Section 2. (a) Any alleged grievance shall be taken up first with the Chief of Police or his designee within five (5) working days of the occurance. Every effort will be made to reach a resolution of the grievance at this stage. However, if no satisfactory resolution is reached the following will apply. (b) The employee will reduce to written form his grievance stating the specific section or provision of the Agreement alleged to be violated and explain the grievance in detail. The employee shall present the written grievance to the Chief of Police or his designee within five (5) working days of the occurance. The Chief will review the matter and take whatever steps he deems necessary to resolve the matter. The Chief will provide a written response within five (5) days of receipt of the written grievance. (c) In the event the matter is not satisfactorily resolved the employee may file a written statement to the Public Employment Relations Commission requesting that an arbitrator be assigned to hear the matter. The decision of the arbitrator shall be final and binding~ (d) Any costs associated with the arbitration hearing will be borne by the party incurring them. (e) The arbitrator shall have no authority to alter in any way the terms and conditions of this Agreement, and shall confine his decision to a determination of the facts and an inter- pretation and application of this agreement. Article XV. SPECIAL ASSIGNMENTS: Whenever an employee covered by this Agreement is assigned for a period of sixty (60) days or more by the Employer via written directive to perform all or a part of the duties and accept all or a part of the responsibilities of a higher position classification he/she will be paid a salary adjustment commensurate with the additional duties/responsibilities for as long as said duties/responsibilities are actually performed. Article XVI. TERM OF AGREEMENT: The terms of this Agreement shall be in effect January 1, 1982 and shall remain in effect up to an including December 31, 1982. Dated and signed this //~-~day of ~)~ , 1982. FOR THE CITY OF BREMERTON: FOR T,~F~.~SSOCIATION~. BYGene~qNel§on, Mayor ~nd - Commissioner of Public Health and Safety By Robert B. Stewart, Commissioner By of Finance and Accounting .,-~om 'Swa~lT~on, Commissioner of Public Works and Utilities APPENDIX I Appendix I is attached for informational purposes only and is not subject to Article XIV of the Agreement. OFFICERS BILL OF RIGHTS Section 1. The wide ranging powers and duties given to the Police Department and its members involve them in all manner of contacts and relationships with the public. Of these contacts come many questions concerning the actions of members of the force. These questions often require immediate investigation by superior off- icers designated by the Chief of the Bremerton Police Department. In an effort to insure that these investigations are conducted in a manner which is conducive to good order and discipline, the following guidelines are promulgated: A. Internal investigation defined. For the purposes of this chapter, the term "internal investigation" means an investi- gation by or under the authority of the chief of police of activities, circumstances or events pertaining to the conduct or acts of a city law enforcement officer. Such investiga- tion shall be deemed a "criminal investigation" where it is suspected that such conduct or acts are or may be the basis for filing a criminal charge against such officer, and shall be deemed a "major investigation" where it is suspected that such conduct or acts may also or aternatively be the basis for discharge, suspension or other discipline of such officer. B. Officer advised of alleged misconduct. Every officer who becomes the subject of an internal investigation shall be advised at the time of any interview in connection there- with that, as the case may be, he is suspected of: (1) Committing a criminal offense; (2) Misconduct which would be grounds for termination, suspension or other disciplinary action; or that he may be qualified for continued employement with the police department. At the time of the interview such officer shall also be informed of the name of the officer in charge of the investigation and the name of the officer who will be conducting the interview. C. Representation by counsel. Any officer who becomes the subject of a criminal investigation may have legal counsel present during all interviews of such officer. Such representation by counsel shall be confined to counseling and shall not be authority for any participation by counsel in the investigation. D. Officer to be informed in writing-Recorded interviews. In the case of any major investigation and before any interview commences, the officer to be interviewed shall be informed in writing of the nature of the investigation including in- formation necessary to reasonably apprise him of the alle- gations of any complaint and he shall be afforded an opport- unity and facilities to contact and consult privately with an attorney of his own choosing before being interviewed. Such officer may request that the interview be recorded, either mechanically or by a stenographer, and no questions shall be asked "off-the-record." Upon request, the officer under investigation shall be provided an exact copy of any written statement he has signed and a verbatim transcript of any interview of such officer. E. Interviewing procedures. Interviews shall be held at a reasonable hour and preferably when the officer to be inter- viewed is on duty u~essthe exigencies of the interview indicate otherwise. Whenever possible interviews shall be scheduled during the normal work day of the City. Inter- viewing shall be completed within a reasonable time and shall be accomplished under circumstances devoid of intimidation or coercion. The officer being interviewed shall be entitled to such intermissions as he shall request for personal necessities, meals, telephone calls, and rest periods. All interviewing shall be limited in scope to activities, cir- cumstances or events which pertain to the conduct or acts of the officer under investigation which form or may form the basis for disciplinary action, termination of employement or the filing of a criminal charge. F. Intimidation of officer prohibited. No officer under investi- gation shall, as a guise for obtaining such officer's resig- nation, be falsely threatened with dismissal or other discipli- nary action should he refuse to resign, nor shall he be subjected to abusive language or in any other manner intimidated or offered promises or reward as an inducement to answer questions.