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4008
FORBES, ROB
POLICE CHIEF
EXECUTIVE
EMP
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Insurance
Type Amount
Amount
Begin Date
End Date
Review Date
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$79404.00
08/12/1999 =l=
12/31/2004
02/15/2005
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Comments
REVIEW DATE FOR TRACKING PURPOSES ONLY
VAULT 01/01/2005
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+ Contract Number 4008 +
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FORBES, ROB
POLICE CHIEF
EXECUTIVE
EMP
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Amount
Begin Date
End Date
Review Date
Insurance
Type Amount
Insurance Total
Insurance Review Date
Comments
REVIEW DATE FOR TRACKING PURPOSES ONLY
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$79404.00 +
08/12/1999 +
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06/15/2005 +
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$0.00 +
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EMPLOYMENT CONTRACT
POLICE CHIEF
This Employment Contract ("Contract") is entered into this ~o'~ay of August, 1999, by
the City ofBremerton, a chartered, first class city and municipal corporation of the State of
Washington ("City") and Robert D Forbes ("Police Chief"). For the mutual consideration arising
from this Contract, the parties agree as follows:
1. ~il~. The Police Chief agrees to provide full time professional services
as defined in the job description for Police Chief, which is attached and incorporated by
reference and which may be amended by the City pursuant to Civil Service rules. The
Police Chief shall be expected to work at least 40 hours per week, inclusive of approved
leave.
2. Supervision. The parties agree that the Police Chief is an individual skilled in
administration and management and can perform independent functions and
responsibilities in his field of expertise. In the performance of these duties, the Police
Chief shall work under the supervision of the Mayor.
3. Term. The Police Chief shall serve commencing I ~. August 1999 and continuing until
termination or removal by terms of this Contract.
4. Compensation. Compensation shall begin at band 1, rate 5, $3,308.26 per semi-monthly
pay period with a monthly rate of approximately 6,617.00, and shall be adjusted to band 1,
rate 6 following a satisfactory six-month review. Compensation shall be adjusted as
needed to conform with the Management and Professional Staff Compensation Program
("BMC 2.50"). Compensation shall be paid on the City's regular payroll system.
5. Benefits. The Police Chief shall receive benefits pursuant to BMC 2.50 and the laws of
the State of Washington applicable to the position of police chief. Vacation is set at 25
days per year. The Police Chief shall carry over all accrued sick and vacation leave.
6. Performance Reviews. Performance reviews shall be conducted annually by the Mayor
utilizing review standards and forms approved by the Human Resources Department.
7. Discipline and Termination. The Police Chief is a Civil Service employee, and Civil
Service Rules shall apply to discipline and termination actions. Retreat rights are
governed by the accompanying Memorandum of Understanding ("MOU") until the
anticipated Civil Service Commission actions detailed in the MOU are performed, at which
point the MOU shall expire and the new Civil Service Rules will control. If the Police
Chief wishes to terminate his employment, he shall provide the City not less than 30 days
prior notice of the effective date of termination to afford the City a reasonable opportunity
to find a replacement. Ifa replacement is found who can commence employment prior to
the expiration of the 30 days, the parties may in good faith negotiate an earlier termination
date.
8. Memberships and Supplies. Memberships in professional organizations approved by the
Page I
Mayor shall be in the name of the City, to the extent allowed by law, and paid for by the
City. All supplies, equipment, and materials purchased by the City for the Police Chief's
use shall belong to the City.
A. This Contract constitutes the entire agreement between the parties. There are no
other agreements, written or oral, that have not been fully set forth in this
Contract.
B. This Contract can not be amended or modified without the written concurrence of
both parties.
C All notices arising from this Contract shall be in writing and delivered to the
respective parties at the following addresses:
THE CITY POLICE CHIEF
Human Resources Department Robert D. Forbes, Chief of Police
239 Fourth Street 239 Fourth Street
Bremerton, WA 98337 Bremerton, WA 98337D
E This Contract shall be interpreted in accordance with the laws of the State of
Washington. Ail litigation shall be conducted in Kitsap County Superior Court.
The invalidity or unenforceability of any provision of this Contract shall in no way
affect the validity or enforceability of any other provision.
G Failure to insist on strict compliance with any term of this Contract shall not be
deemed a waiver of that term or any other term or right under this Contract.
Robert D. Forbes
Chief of Police
REVIEWED BY: CITY OF BREMERTON:
Kathleen McCluskey ~
Interim Human Resources Manager Mayor
RECEIVED FOR FILING: APPROVED AS TO FORM:
Kathleen McCluskey ~lenna ~Ialanca
City Clerk City Attorney
Page 1
MEMORANDUM OF UNDERSTANDING CONCERNING RETREAT RIGHTS
This Memorandum of Understanding ("MOU") is entered into this~,o day of August,
1999, by the City ofBremerton, a chartered, first class city and municipal corporation of the State
of Washington ("City") and Robert D Forbes (''Police Chief"). For the mutual consideration
arising from this MOU, the parties agree as follows:
1. The position of police chief is being reclassified as a Civil Service position. It has not yet
been placed in a class series but will be placed at the head of the Police Series.
2. The Civil Service Commission intends to clarify and improve its retreat rules in the near
future.
3. The Police Chief is being promoted from Lieutenant. Captain is presently the highest class
in the series and consists of two positions, both filled.
4. The parties wish to provide retreat rights for the Police Chief but do not wish to disturb
the status quo in the Captain Class.
5. The parties therefore agree that, for seniority purposes, time in grade as police chief shall
count as time in grade for any class currently in the Police Series. Should the Police Chief
retreat from the police chief position, he would retreat to Captain Class. If on retreat the
Captain positions are filled with incumbents of more seniority than the Police Chief, as
would presently be the case, a third Captain position would be created for the Police Chief
to retreat into. Upon one of the original Captain positions being vacated, the Police Chief,
if still employed as Captain, will be transferred to the open position, and the third Captain
position shall terminate. If on retreat a Captain position is filled with an incumbent of less
seniority than the Police Chief, normal bumping rules shall be followed.
6. This MOU is in conformance with the proposed actions of the Civil Service Commission
and so obviates the need to amend the parties' Employment Contract upon the
Commission taking its proposed actions. Upon the occurrence of the Commission actions,
this MOU will expire, and those actions will control.
Chief of Police
REVIEWED BY: APPROVED AS TO FORM:
Kathleen McCluskey ] ' ~ole~a~alanc~tv
Interim Human Resources Manager City Attorney
Page 1
RECEIVED FOR FILING: CITY OF BREMERTON:
Kathleen McCluskey I Lfln Horton
City Clerk Mayor
Page 2
CITY OF BREMEWI'ON Cla~sifa:ation Sp~flcaUom July 1993
i. ll i,E: POLICE CHIEF No. 4100
F_.SSENTL~ FUNCTION
Uncl~ the policy d~'ection ~f the M~r, ~le for ~ 1~ ~ ~ ~d ~ ~ p~tion ~d
fio~
~d ~ ~ ~m~t ~d f~ a~o~ ~t~ ~ ~ for the ~t M a whole ~d for
~ ~t~ proj~
~m ~d/~ ~e Ci~.
~D QU~ONS
~ of:
Able to:
E~uat~ p~n ~d ~h a p~ ~c~ of ~ion for muRiplc fun~io~ u~ ~d ~el to ~mpfi~ goa~
~blt ~d ~ ~ ~r~at~ a ~ pubic ~i~ pfiofi~ ~ contaas ~th the ~b~c ~d othe~ en~unter~ ~ thc
wo~;
CFI~ OF BREMERTON Classification SpecmcaUons Ju~y 1993
TI'I~,E: POLICE CHIEF NO. 4100
Operate poi/ce vehic~ firearnu, radio~ and othe~ office and law enforcement commur~ca~iom devices.
Develop and implem~nt operating methods which provi~ a high degree of i~blic s~fety.
REQUIitED LICENSES AND CEiClliqCATIONS
A valid Washington Stat~ driver's license is required and must be obtained prior to date of appointment or another da~e
Co~ined tr~ ~ ~ whic~ demo~'~e~ th~ ~. ~ h~ obtained ~he requt~ed Imo~ed~e ~nd i~ ~ie to
perfecto ~he wo~k r~q~ired (~dth re~on~bl¢ ~:~m~od~ie~. if ~ce~r~). In the l~ e~f~.~ profe~io~, ~ per~n
~he fello~ combi~d t~ ~nd e~eriem~ ~o~ld ~ ~i~ to commie in ~ ~.lec~ proce~: B~helor'~
in P~ice S~ieece, Oiminoio~, Peblic Ad~m~ioe or clo~,l~ rel~ed fie, M ~d ten (10) ~ of full-~ime l~ld
ofl~ or dep~-~ne~, ~ per~n ~ e~ec~t/ve ~ ~c~e~ l~mic~p~/~ 1) ~d~L'~ ~he co~t~ ~nd effec~ of
~ ~mion~ ~ ~ 2) ~ ~,r~e~i~ ~ ml~ort~ ~nd coord~ ~e ~cti~, of elected offic~l~
City-wide ~q~Jce ~d ~omd dum~
~A~, [.~BO~ S~AI~TD~RJDS ACT*: T~e po~o~ quMU'~ for ~em~ ~om the F~' ~abor Stm~d~d~ Act m~dmum wage
and oveltime provisions under the Act's ~xecut~v~ Employm~ Employe~s eucemption.
~I*~A~ON: The portion is eutcluded from the uniformM ba~aining unit pursuant to Washington Public
Enjoyment Relations Commission Decision No. 2371 - PI~*B dated the 10th day of January, 1986 as: *All full-time and
regular pa,-time uniformed employees holding the rank of serg~nt or below in the Brem~ton Police Depa~me~t; eutciuding
all omfidential or supervisory and other employees of the employer.'
CIVIL S~: The class~cation is i~.duded in Civil Smvtce pursuant the Breme~ton City Clume~. Article IX Civ~
Sc-~ce Section 35. ' ' : c* All ful~ paid employees of the Ftre departmm~t and Police depatmlent
of t~e City shall be included under the ~,,~,isiom of this ~ and all existing provisions of State Law pertaining to such
cmi~yees shall be substantially complied with by the Commission. State law provides for voluntary waiver of Civil
rights by appointees to position of Poli~ and Ftre Chief. Po~ed by Civil Se~ice ?/20/9~; ~mal aPl~l date: 8/3/93;
appmls filed.
API~OH~MID~ AUTHORITY: The position is Ftlled by Mayoral appointmem pursuant to City Chartea-A~.ticie IV Section
19 v*hich states, in relevant pa~: *The Mayor shall appoint the Chief of Police..." Appointmem is to be confirmed by City
Council pursuant to City Clumer A~cle IH Section 8 which statcs in relevant p~: 'Thc Mayor ...slmll make all
appointments of administrative heads with conl'umatiom by the City counciL" Removal is by action of the Mayor in
conformance Civil Se~ice Rules, if Civil Se~ice rights have nm been waived by an incumbent.
Date of Council Agenda: