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2236
BREMERTON POLICE MANAGEMENT ASSOCIATION
COLLECTIVE BARG~INING AGREEMENT
HUMAN RESOURCES
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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
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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.