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HomeMy WebLinkAbout4325 +----------------------------------------------~---------------------------+ .:Enter Search Criteria, Press Esc Key to Transmit + .:Press Del Key to Terminate Delete Mode CHANGE Contract Number T + + +Vendor Name :1=Subj ect : :Department ::Status Code of Contract Transactions 4325 BREMERTON POLICE OFFICERS GUILD COLLECTIVE BARGAINING AGREEMENT HUMAN RESOURCES EMP (BPOG) + + Insurance Type Amount Amount Begin Date End Date Review Date 01/01/2003 12/31/2005 of 02/15/2005 + + + + + of + + + + + +--------------------------------------------------------------------------+ Insurance Total Insurance Review Date $0.00 Comments PERMANENT RECORD - FILE CLASSIFICATION CHANGED PER 14-2 UNION AGREEMENTS (V) P/O +--------------------------------------------------------------------------+ tEnter Search Criteria, Press Esc Key to Transmit + .':press Del Key to Terminate Delete Mode CHANGE Contract Transactions Contract Number 4325 of tVendor Name +Subject ='Department ='Status Code + + t + + + + + BREMERTON POLICE OFFICERS GUILD COLLECTIVE BARGAINING AGREEMENT HUMAN RESOURCES EMP (BPOG) t + + Insurance Type Amount Amount Begin Date End Date Review Date 01/01/2003 12/31/2005 01/01/2005 $0.00 + + + t Comments LOU - 8/04 - 11/04 LOU 1/05 UNION REFUSED TO SIGN + t LOU - 5/05 t +--------------------------------------------------------------------------+ Insurance Total Insurance Review Date LETTER OF UNDERSTANDING BETWEEN THE CITY OF BREMERTON AND THE BREMERTON POLICE OFFICERS GUILD The Bremerton Police Officers Guild (BPOG) and the City of Bremerton (City) make the following agreement reference any and all overtime police work for other City of Bremerton departments. When the City is the employer, all such overtime police work will be first offered to BPOG Police Officers, subject to the Bremerton Police Management Association (BPMA) bargaining unit Letter of Understanding dated April 1 , 2002. For each such Police overtime project, BPD Management will reasonably provide information regarding the scope of the project, manpower needs, anticipated duration, and work-related expectations associated with the project. In the event that BPOG Police Officer bargaining unit employees are unable to provide all police overtime service needs, or manpower shortages are observed or anticipated, BPD Management will advise and consult with BPOG to identify needs and staffing alternatives. . Other agency commissioned law enforcement staffing should be utilized only after reasonable and practicable efforts have been made to fill manpower needs by BPOG Police Officers. DATED: 'J% ;<1 ~.~. G Vice-President b\50223\docs\LOU 5-4 +--------------------------------------------------------------------------+ tEnter Search Criteria, Press Esc Key to tpress Del Key to Terminate Delete Mode t CHANGE t Contract Number t tVendor Name =FSubject :.Department :.Status Code -I" =F t t Comments Transmit t t A 4325 Contract Transactions BREMERTON POLICE OFFICERS GUILD COLLECTIVE BARGAINING AGREEMENT HUMAN RESOURCES EMP ( B POG ) t t =F 01/01/2003 -- 12/31/2005 01/01/2005 -- .I: $0.00 + t =1= LOU - 8/04 - 11/04 LOU 1/05 UNION REFUSED TO SIGN +--------------------------------------------------------------------------+ Insurance Type Amount Amount Begin Date End Date Review Date Insurance Total Insurance Review Date LETTER OF UNDERSTANDING This Letter of Understanding is agreed to pursuant to Article 23. Section 23.2 of the Collective Bargaining Agreement between the City of Bremerton and the Bremerton Police Officers' Guild. Artick...5 is hereb.Y...~1]].ended as fQ.l19...W.:?.;. ARTICLE 5 WAGES 5.1 HOURLY WAGE RATES: Hourly wage rates shall be paid as set forth in Appendix A which is attached hereto and made a part hereof which reflects the following: . Effective January 1, 2005, the wage increase to each bargaining unit members' base pay rate shall be 3.031%. based upon 100% of the CPT W for SeattleiTacoma!Bremerton as of June 30, 200/1, plus a .5% adjustment '.'lith a minimum increase of 2% and a maximum increase of ~ . All other provisions of the Collective Bargaining Agreement apply in all respects. Dated this day of January, 2005. FOR THE CITY: FOR THE BREMERTON POLICE OFFICERS' GUILD: CAROL S. CONLEY Human Resources Director MATT THURlNG President ROBERT D. FORBES Chief of Police RANDY OLSEN Vice President ~~~ ~. ~~ $"-//-05' DATE SUBMITTED: BTLL # 05""'0;)5 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Amendment to the Collective Bargaining Agreement between the City and Bremerton Police Officer's Guild (BPOG). Committee Meeting Date: January 19,2005 COUNCIL MEETING Date: January 26, 2005 Department: Human Resources Presenter: Carol Conley Phone: Ext.5347 SUMMARY: This amendment will add one-half percent (.5%) to each BPOG's bargaining unit member's base pay rate effective January 1, 2005. In drafting the Letter of Understanding (LOU) amending the BPOG contract in 2004, an error was made by the City (Human Resources). After reviewing the entire matter with legal counsel, it is clear that the LOU language requires that the City pay 100% of the CPI-W from June 2003/June 2004, plus a .5% adjustment (2.531%+.5%) for a total wage increase of3.031 % to each bargaining unit member's base pay rate effective January 1,2005. ATTACHMENTS: Amended Article 5, Wages, Section 5.1 FISCAL IMP ACTS (Include Budgeted Amount): Passage of this amendment would require a budget adjustment in the amount of approximately $18,000.00 for 2005. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: CONSENT AGENDAQt) ~ FISCAL/BUDGET: OPERATIONS: \ COUNCIL PRESIDENT: ~ ~ ~~ rt RECOMMENDED MOTIQN: MotIon to appr~endment bargaining agreement between the City and the BPOG. to the current collective COUNCIL ACTION: ~ve o Deny o Table o Continue 0 No Action +Enter Search Criteria, Press Esc Key to Transmit ~Press Del Key to Terminate Delete Mode CHANGE Contract Transactions Contract Number 4325 + ~Vendor Name BREMERTON POLICE OFFICERS GUILD (BPOG) ~Subject COLLECTIVE BARGAINING AGREEMENT ~Department HUMAN RESOURCES +Status Code EMP Amount Begin Date 01/01/2003 Insurance End Date 12/31/2005 Type Amount Review Date 01/01/2005 + + + Insurance Total $0.00 Insurance Review Date Comments LETTER OF UNDERSTANDING - 8/04 - 11/04 + + LETTER OF UNDERSTANDING This Letter of Understanding is agreed to pursuant to Article 23, Section 23.2 of the Collective Bargaining Agreement between the City of Bremerton and the Bremerton Police Officers' Guild. Appendix "B" is hereby amended as follows: Qualifications: C~ Employee has served at least 12 months on each patrol shift after completing initial probation. shall be understood that employees may not "double or triple stack" their time. Example: An officer who has been concurrently assigned to K-9 and the ~ravevard shift for 3 vears may not count 3 years of graveyard and 3 years of K-9: however, the employee may divide the 3 y~'_ar~ a_as de sire_d ;~c_b a s~[~2e ar_5)_fgr~a_¥~y a_r_~n d_~_y_e_ar s _~f__K - ~.~ D. Employee has served satisfactorily in a secondary assignment(s) for the Bremerton Police Department for a minimum of 18 months. Secondary assignments are assignments above and beyond duties normally assigned to patrol officers serving in patrol unit. These assignments are detective units, crime scenes, Community Resource Officers, Ttraffic, K-9, ~: r~*ve r:_v~sn- School Resource Officers and Westpark Officer ~ ..... ~a ......Additional secondary assignments as they may be developed can be added to this list. Selection Panel: ~. _MP_Q_assignment openings will be annoanced parsuant to Chapter 12 of the _Department Manual by posting the information throughout the Department. G~D. Candidates will apply for MPO positions by submitting a letter and written summary of years of service, training and education, special assignments and letters of recommendation. I~.:I~. The Chief of Police will request the panel convene to review a specific MPO's status. I:E. Decisions by the selection panel regarding selection or removal from the MPO program are not subject to the grievance procedure. All other provisions of the Collective Bargaining Agreement apply in all respects. Effective this 9-~ day of-O~,~o~' 2004. FOR THE CITY: FOR THE BREMERTON POLICE Chief of Police Vice President + +Enter Search Criteria, Press Esc Key to Transmit Press Del Key to Terminate Delete Mode CHANGE Contract Transactions Contract Number 4325 ~Vendor Name BREMERTON POLICE OFFICERS GUILD (BPOG) iSubject COLLECTIVE BARGAINING AGREEMENT Department HUMAN RESOURCES Status Code EMP Amount Begin Date 01/01/2003 Insurance End Date 12/31/2005 Type Amount Review Date 01/01/2005 Insurance Total $0.00 Insurance Review Date i Comments LETTER OF UNDERSTANDING - 8/04 LETTER OF UNDERSTANDING This Letter of Understanding is agreed to pursuant to Article 23, Sechon 23.2 of the Collective Bargaining Agreement between the City of Bremerton and the Bremerton Police Officers' Guild. Article 8 is hereby amended as follows: ARTICLE 5 WAGES 5.1 HOURLY WAGE RATES: Hourly wage rates shall be paid as set forth in Appendix A which is attached hereto and made a part hereof which reflects the following: · Effective January l, 2003, Appendix "A" reflects a 2.5% increase. · Effective January 1, 2004, the wage increase shall be based upon 90% of the CPI-W for Seattle/Tacoma/Bremerton as of June 30, 2003, plus a .5% adjustment with a minimum increase of 2% and a maximum increase of 5%. · ____.F, ffective July 1, 2004 the City agrees to add one-half percent (.5%) to each bargaining m~it member's base pay rate effective July 1, 2004. To receive the payment, a bargaining unit member must have been employed with the City on July 7, 2~nd must have been h/red on or b e_fo_r_e_ _J_ _u..! y_ _l..~ _.2_ _0.!) ~:. · Effective January 1, 2005, the wage increase shall be 2.531% which is based upon 100% of the CPI-W for Seattle/Tacoma/Bremerton as of June 30, 2004, plus a .5% adjustment with a minimum increase of 2% and a maximum increase of 5%. All other provisions of the Collective Bargaining Agreement apply in all respects. FOR THE CITY: FOR THE BREMERTON POLICE OFFICERS' GUILD: Human Resources Director President ] i~OBERT O. FORBES' N RA~)LSON - Chief of Police Vice President +Browse: Next Previous First Last Update Delete Restart X - Exit + +Retrieve the Next record + +Found: 10 Record(s) MAINTAIN Contract Transactions + + Contract Number 4325 + + + +Vendor Name BREMERTON POLICE OFFICERS GUILD (BPOG) + +Subject COLLECTIVE BARGAINING AGREEMENT + +Department HUMAN RESOURCES + +Status Code EMP + + Amount + + Begin Date 01/01/2003 + + Insurance End Date 12/31/2005 + + Type Amount Review Date 01/01/2005 + + + + + + + + Insurance Total $0.00 + + Insurance Review Date + + + + Comments + + + + + COLLECTIVE BARGAINING AGREEMENT between THE CITY OF BREMER TON and BREMER TON POLICE OFFICERS' GUILD (BPOG) January 1, 2003 through December 31, 2005 TABLE OF CONTENTS COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON AND BREMERTON POLICE OFFICERS GUILD January 1, 2003 through December 31, 2005 ARTICLE TITLE PAGE Preamble Article 1 Discrimination Allegations ................................................................................................... 1 Article 2 Recognition .......................................................................................................................... 1 Article 3 Guild Dues ............................................................................................................................ 1 Article 4 Guild Activity ....................................................................................................................... 2 Article 5 Wages ................................................................................................................................... 3 Article 6 Hours Of Work ..................................................................................................................... 4 Article 7 Overtime ............................................................................................................................... 5 Article 8 Vacation Leave ..................................................................................................................... 6 Article 9 Holidays ............................................................................................................................... 8 Article 10 Sick Leave ............................................................................................................................ 9 Article 11 Industrial Disability ............................................................................................................ 11 Article 12 Other Paid Leave ................................................................................................................ 11 Article 13 Retirement Benefits ............................................................................................................ 12 Article 14 Insurance Benefits ............................................................................................................. 12 Article 15 Clothing And Uniform Cleaning Allowance ...................................................................... 13 Article 16 Personnel Practices ............................................................................................................. 14 Article 17 Management Rights ............................................................................................................ 16 Article 18 Performance Of Duty/No Strike ......................................................................................... 17 Article 19 Grievance Procedure .......................................................................................................... 17 Article 20 Severability ......................................................................................................................... 19 Article 21 Entire Agreement ............................................................................................................... 19 Article 22 Conflicting Provisions ........................................................................................................ 19 Article 23 Labor Management Committee .......................................................................................... 19 Article 24 Premium Pay ...................................................................................................................... 20 Article 25 Deferred Compensation ...................................................................................................... 20 Article 26 Educational Incentive .......................................................................................................... 20 Article 27 Standardization of Service Weapon .................................................................................... 20 Article 28 Term ................................................................................................................................... 21 Appendix B Master Police Officer Program ...................................................................................... 22-24 Appendix A 2003 Pay Rates ................................................................................................................... 25 LABOR AGREEMENT BY AND BETWEEN -- -- THE CITY Of BREMERTON AND BREMERTON POLICE OFFICERS GUILD JANUARY 1, 2003 THROUGH DECEMBER 31, 2005 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 Officers Guild hereinafter known as the "Guild" for the purpose of setting forth the wages, hours and working conditions 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 appropriate local, 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 Guild as the sole and exclusive bargaining representative for the purpose of negotiations concerning wages, hours and working conditions for the bargaining unit described in the State of Washington Public Relations ConUTnssion Decision No. 2371-PECB dated the 10th day of January, 1986 as: "All full-time and regular part-time uniformed employees holding the rank of sergeant or below in the Bremerton Police Department; excluding all confidential or supervisory and other employees of the employer." ARTICLE 3 GUILD DUES 3.1 DUES DEDUCTIONS: The City will deduct monthly Guild dues and initiation fees uniformly required of membership from the pay of those employees who provide written authorization to the City to make such deductions. The City will transmit the total amount of deductions to the Treasurer of the Guild. 3.2 MAINTENANCE OF MEMBERSHIP: An employee who is a member of the Guild upon the date of the signing of this Agreement and an employee who joins the Guild subsequent to the date of the signing of this Agreement shall maintain membership in good standing with the Guild through the payment of periodic dues assessed by the Guild during the term of this Agreement. An employee who was not a member of the Guild prior to September 3, 1986 shall not be subject to this Article. 3.3 SERVICE FEE OPTION: New employee within thirty (30) calendar days of hire and all other employees shall elect whether that employee wishes to (I) join the Guild and pay Guild dues and fees or (2) decline to join the Guild and pay a service fee equivalent to regular Guild initiation fees and dues to the extent permitted by law. COLLECTIVE BARGAINING AGREEMENT PAGE 1 CITY OF BREMERTON, WA. - BREMERTON POLICE OFFICER GUILD January 1,2003 through December 31, 2005 4.3.2 BULLETIN BOARDS: The Police Department shall permit the reasonable and lawful use of bulletin boards by the Guild for the posting of notices relating to official Guild business. ARTICLE 5 WAGES 5.1 HOURLY WAGE RATES: Hourly wage rates shall be paid as set forth'in Appendix A which is attached hereto and made a part hereof which reflects the following: · Effective January 1, 2003, Appendix "A" reflects a 2.5% increase. · Effective January l, 2004, the wage increase shall be based upon 90% of the CPI-W for Seattle/TacomaJBremerton as of June 30, 2003, plus a .5% adjustment with a minimum increase of 2% and a maximum increase of 5%. · Effective January 1, 2005, the wage increase shall be based upon 100% of the CPI-W for Seattle/Tacoma/Bremerton as of June 30, 2004, plus a .5% adjustment with a minimum increase of 2% and a maximum increase of 5%. Effective January l, 2003, Sergeants will a 2.5% increase to their base rate of pay in addition to the COLA. 5.1.1 Advancement through the hourly wage rates from the first rate through the final rate of the longevity scale will occur upon completion of the prescribed number of full year(s) of continuous employment since the employee's last wage placement. 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. No such step increase shall be denied employees who have met acceptable performance standards. Step increases may be withheld for a maximum of six (6) months. The denial of a step increase is subject to the grievance procedure. 5.1.2 A new employee's wage rate shall be set at the first year rate, except that a new employee who has prior paid work experience as a full time Patrol Officer in a police service which operates a full time service using paid employees, may have his or her wage rate set at the second year or third year rate based upon relevant years and type of prior experience. Placement at second or third year rates shall be determined by the City. 5.2 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 hourly wage rate and shall be paid as follows: Length of Continuous Service Rate Per Haur 0 through 5 years continuous employment 0% Commencing 6 through 10 years continuous employment 1.25% Commencing 11 through 15 years continuous employment 2.5% Commencing 16 through 20 years continuous employment 3.75% Commencing 21 through 25 years continuous employment 5% Commencing 26 years and over continuous employment 6.5% COLLECTIVE BARGAINING AGREEMENT PAGE 3 CITY OF BREMERTON, WA. - BREMERTON POLICE OFFICER GUILD January 1, 2003 through December 31,2005 6.2.4 Sergeants shall be allowed to bid for shifts on the basis of time since promotion to Sergeant~, provided Section 6.2.2 and 6.2.3 above shall not apply to Sergeants, and provided further, the Chief of Police may assign a Sergeant to a particular shift without regard to seniority when such assignment is reasonably necessary to the efficient provision of police services. 6.3 SHIFT EXCHANGES: Employees may exchange full or partial shifts when the change does not interfere with the duties and responsibilities of the employees in their positions and provided that the immediate supervisors of such employees find that no interference will occur as the result of a mutually agreeable shift exchange. The Police Chief or the Chief's designee may overrule such a finding by the immediate supervisor in the event that the Department's service or training needs require specific employees to be on duty during their assigned shifts. 6.4 SHIFT CHANGEOVER COORDINATION: An employee who has been transferred from one shift to another shall normally be scheduled to begin the newly assigned shift upon a day or at a time which results in the employee receiving at least eight (8) hours of rest between work shifts. In the event that the transfer from one shift to another results in an employee receiving less than eight (8) hours of rest between work shifts, the employee shall be paid overtime for time worked during the eight (8) hour period between work shifts. An employee who receives a minimum of eight (8) hours of off-duty time between work shifts shall not be eligible for overtime compensation for shift changeover coordination time. 6.5 ASSIGNMENT TRANSFER REVIEW REQUEST: Assignment transfers will be made at the discretion of the Police Chief or designee. Except in emergencies, at the employee's request, the Police Chief will provide his/her reason for the assignment transfer prior to the transfer. The employee may submit information as to why the assignment transfer should not take place. The Police Chief will review the information and inform the employee of his/her decision. This review process is not subject to the grievance procedure. 6.6 TRAINING: Work shifts may be changed by the employer to accommodate structured training as follows: a) At least seven (7) calendar days advance notice is provided to the employee. b) The shift change will be for full day training schools/sessions. c) If training is scheduled during a normal day off, the employee will keep his/her normal work schedule and be paid overtime. d) The parties further agree that the foregoing may be changed by mutual agreement, on a case-by- case basis. e) An unpaid lunch break during which the employee is not considered on duty or subject to responding to calls shall be granted for a full 8 hour training day when the training occurs off site and is not city-sponsored, ARTICLE 7 OVERTIME 7. l OVERTIME DEFINED: Overtime is all required and authorized work performed in excess of an employee's normal work schedule. 7.2 OVERTIME COMPENSATION: Overtime work shall be compensated at the rate of one-and-one-half (lV2) times an employee's hourly rate in cash or in one-and-one-half (1V2) times the overtime hours worked in compensatory time. Overtime compensation in compensatory time may be granted upon the request of the employee and with the approval of the Police Chief or designee. COLLECTIVE BARGAINING AGREEMENT PAGE 5 CITY OF BREMERTON, WA. - BREMERTON POLICE OFFICER GUILD January 1,2003 through December 31, 2005 13th year 176 hours 142 year 184 hours 15th year 192 hours 16th year 200 hours 17th year and thereafter 208 hours 8.2 VACATION ELIGIBILITY: An employee becomes eligible to take accrued vacation time upon completion of six (6) full months of employment; provided, however, the Chief Police may grant an exception to the six-month role. Vacation time must be taken in segments of one-half (1/2) hour or more. Vacation time must be fully accrued prior to the time an employee takes any vacation time off. 8.3 VACATION SCHEDULING: Annual vacation leave shall be authorized by the Police Chief or designee. Personnel shall be allowed to bid for vacations based upon seniority following the shift bidding process; provided, that vacation requests for time not scheduled throughout the bidding process shall be scheduled by mutual agreement. 8.4 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 rW s en ximMaxJmumBa!an~ 0-2 years 160 hours 2-5 years 200 hours 5-10 years 240 hours 10-15 years 280 hours 15-20 years 320 hours 20+ years 360 hours 8.4.1 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 Chief 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 carryover balance at the end of the calendar year shall forfeit such excess vacation hours. 8.5 VACATION PAY-OUT: Upon the retirement, resignation, or termination of an employee 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. 8.6 DONATIONS OF VACATION LEAVE: Donations of Vacation leave permit employees to aid a fellow employee who is suffering from an extraordinary or severe illness, injury, impairment, physical or mental condition which has caused or is likely to cause the employee to take leave without pay or to terminate his or her employment prior to a determination that the affected employee is not expected to recover to an extent that will enable the employee to resume his or her normal duties or the duties of another position with the City or another employer. 8.6.1 ELIGIBILITY: An employee who (1) is suffering from an illness or injury causing his or her extended absence from work, and (2) who has depleted or will shortly deplete his or her total COLLECTIVE BARGAINING AGREEMENT PAGE 7 CITY OF BREMERTON, WA. - BREMERTON POLICE OFFICER GUILD January 1, 2003 through December 31, 2005 9. l. 1 In addition, any other holiday legally proclaimed by the Federal or State government, ~vi~ed that the City takes official action to have such holiday also observed by the City. 9.2 FLOATING HOLIDAY: Each employee shall be allowed one (1) additional holiday to be observed by the employee on a day mutually agreeable to the employee and the Police Chief or designee. 9.3 HOLIDAY COMPENSATION: Employees shall receive an additional eleven (11) days vacation leave per year in lieu of holidays, except as enumerated in the premium holiday compensation section. The accrual and payment of such additional compensation shall be in accordance with the Employer's established practice in this regard. 9.4 PREMIUM HOLIDAY COMPENSATION: In the event an employee is required to work during the term of this Agreement on Labor Day, New Years Day, Memorial Day, Independence Day, Thanksgiving Day, and Christmas Day, such employee shall be compensated at the rate of one-and-one-half (1V2) times the employee's hourly rate of pay. It is recognized that non-uniformed officers are not scheduled to work on the holidays enumerated in this section. 9.4.1 Effective January 1. 2004, President's Day and Martin Luther King's Birthday will also be compensated as premium holidays in addition to those listed above. 9.4.2 Effective January 1, 2005, Veteran's Day and the Day after Thanksgiving will also be compensated as premium holidays in addition to those listed above. ARTICLE 10 SICK LEAVE 10.1 SICK LEAVE ACCRUAL: Employees shall accrue sick leave time with pay at the rate of .046154 hours for all normal hours of work including holiday, sick leave, vacation and other paid leave time excluding time for which workers' compensation time loss benefits are paid. The maximum annual accmal is ninety-six (96) hours. 10.2 MAXIMUM SICK LEAVE ACCRUAL: Employees shall be able to accrue sick leave to a maximum of twelve hundred (1,200) hours. 10.3 SICK LEAVE INCENTIVE: An employee who takes thirty-two (32) hours or less of sick leave in any full calendar year shall have eight (8) hours added to his or her vacation leave balance at the beginning of the following calendar year. 10.4 SICK LEAVE RETIREMENT OR DEATH PAYMENT: An employee who retires from City service on a service retirement or an employee who dies shall be provided a Sick Leave Retirement Payment at thirty-five percent (35%) of the employee's accmed 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 or the employee's estate at the employee's regular hourly wage rate in effect at the time of retirement or death. 10.5 SICK LEAVE USE: Sick leave must be accmed in the pay period 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 and shall be used in increments of no less than one-half (tA) hour to cover an employee's absence from his or her regularly scheduled work hours due to: 10.5.1 The temporary disability of an employee resulting from his or her personal illness or injury. COLLECTIVE BARGAINING AGREEMENT PAGE 9 CITY OF BREMERTON, WA. - BREMERTON POLICE OFFICER GUILD January 1, 2003 through December 31, 2005 the event the employee has appeared at work, prior to resuming work. If the Department does no'allow the employee to return to work due to a need for certification, the employee will be allowed to continue the use of sick leave for the period required to obtain required certification. Sick leave must be approved by the Police Chief or designee prior to allowance. The Police Chief or designee shall not unreasonably withhold approval of sick leave with pay from employees. ARTICLE 11 INDUSTRIAL DISABILITY I1.1 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. 1 1.2 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 12 OTHER PAID LEAVE 12.1 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 of bereavement leave for out of state funerals of members of the employee's immediate family. 12.1.1 Immediate family shall be defined as spouse, child, stepchild, mother, father, mother/father in- law, brother, sister, bother/sister in-law, grandchildren and grandparents 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. 12.2 JURY DUTY, WITNESS LEAVE: An employee shall be granted leave of absence with pay for the purpose of reporting to or serving jury duty. Any juror fees received by the employee for the performance of such duties shall be assigned to the City. Employees normally assigned to swing or graveyard shifts shall be placed on the day shift on days that court appearance is required. If more than 2.5 hours of the day shift remains at the time of release from jury duty, the employee shall report for duty. 12.3 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. (~'ursuant to RCW 38.40.060 as may be amended from time to time). 12.4 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 shall be charged to an employee's unused vacation/holiday or compensatory time leave balance. COLLECTIVE BARGAINING AGREEMENT PAGE 11 CITY OF BREMERTON, WA. - BREMERTON POLICE OFFICER GUILD January 1, 2003 through December 31,2005 14.6 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. The City shall pay a maximum of $20 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 the insurance company through payroll deductions authorized by each enrolled employee.. The Guild shall select the LTD plan under which they will be enrolled. 14.7 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 Guild 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. 14.8 INSURANCE COMMITTEE: The Insurance Benefits Committee shall be comprised of 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. 14.9 Effective January 1, 1999, should Group Health Cooperative, now or in the future, require a co-pay, the co-pay will be paid by the employee. The amount the employee is obligated to pay shall not exceed five dollars ($5.00) per visit. 14.10 The Guild agrees to participate in a joint study of medical insurance. ARTICLE 15 CLOTHING AND UNIFORM CLEANING ALLOWANCE 15.1 PURCHASE OF UNIFORMS: The employer shall establish a Clothing Allowance Fund for the Bremerton Police Department. Each employee shall be fumished uniforms as designated by the Chief of Police or designee. Such uniforms shall be replaced on an as-needed basis from the Clothing Allowance Fund, as determined by the Police Chief or designee. All uniforms purchased by the Employer are to be and remain the property of the Employer. 15.2 CLOTHING ALLOWANCE: An annual allowance effective January 1, 2000, equal to four hundred and seventy-five dollars ($475) per year will be provided to non-uniformed, sworn personnel. Such allowance shall be paid one-half during the months of January and July. In the event an employee is transferred to the Detective Division and is assigned as a Detective, he/she will receive a pro-rata clothing allowance payment. The Employer shall withhold the necessary federal income tax from the clothing allowance as required by the Federal Tax Code as now written or hereafter amended. 15.3 UNIFORM CLEANING ALLOWANCE: There shall be an annual uniform cleaning allowance per month. This applies to all employees. · Effective January 1, 2003, the annual cleaning allowance will be increased to four hundred fifty dollars ($450.00), payable in the amount of two hundred twenty-five dollars ($225.00) during January and July. COLLECTIVE BARGAINING AGREEMENT PAGE 13 CITY OF BREMERTON, WA. - BREMERTON POLICE OFFICER GUILD January I, 2003 through December 31, 2005 16.1.4 LEOFF II EMPLOYEE: An employee who qualifies for and is a member of the Washington State Retirement System commonly known as "LEOFF II". 16.1.5 BASE RATE OF PAY: The base pay rate for an employee as listed in Appendix "A" excluding longevity and any other premium pay. 16.2 INDEMNIFICATION OF EMPLOYEES: The City shall provide legal defense and will pay all legitimate claims, settlements, judgments, 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. 16.3 PROVISIONAL APPOINTMENT: Any employee who is appointed to a position classification by the Chief of Police on a provisional basis shall be paid the established compensation for such position classification. 16.4 DEPARTMENT POLICY MANUAL AND POLICY CHANGES: The Police Department Policy Manual will be distributed to all bargaining unit employees. The employee will acknowledge receipt of and will become knowledgeable of the Manual's or Policy's contents. All revisions to the Manual or Policy will be provided to employees for inclusion in the Manual. Further, the Department will inform the Guild of policy revisions prior to enactment. 16.5 POLICE OFFICERS INTERVIEW GUIDELINES: The Safety of our community and its citizens, plus the integrity and reputation of the Police Department depends to a great extent on the manner in which the members of the department perform their varied and difficult duties. To ensure that internal investigations are conducted in a manner conducive to good order and discipline, and also observe and protect the individual rights of each member of the Department, the following roles are hereby established: 16.5.1 The interview of any Department member shall be conducted at a reasonable hour, preferably when the member is on duty and/or during daylight hours, unless the urgency of the investigation dictates otherwise. If such interview occurs during off-duty time of the member being interviewed, the member shall be compensated for his or her off-duty time in accordance with the overtime provisions of this Agreement. 16.5.2 The interview shall take place at a location designated by the investigation officer, preferably at the Police Department. 16.5.3 Before any questioning commences, a member of the Police Department shall be advised in writing in the event that person becomes a suspect in an administrative investigation. The member being interviewed shall be informed of the nature of the investigation, and name(s) of all complaining parties before the interview commences. 16.5.4 The member being interviewed shall be informed of his or her right to and be afforded an opportunity and the necessary facilities to contact a Guild representative prior to commencement of the interview. The member's representative may be present during the interview. Nothing herein shall in any way restrict the rights of the representative with the employee during the process of the interview. COLLECTIVE BARGAINING AGREEMENT PAGE 15 CITY OF BREMERTON, WA. - BREMERTON POLICE OFFICER GUILD January 1, 2003 through December 31, 2005 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. 17.2 The Chief of Police may change Crime Scenes/Evidence Technician to civilian positions, provided that the police positions am retained in the Department. ARTICLE 18 PERFORMANCE OF DUTY/NO STRIKE 18.1 The City and the Guild recognize that the public interest requires the efficient and uninterrupted performance of all City services and pledge their best efforts to avoid or eliminate 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 duties to the best of his or her abilities. During the term of this Agreement, the Guild and/or membership shall not cause, engage in or sanction any work stoppage, strike, walkout, sit-down, stray-in, slowdown, sick-in, curtailment of work, or interference with City operations at any location whatsoever; provided, that nothing herein shall be interpreted as to prohibit lawful information picketing. Employees who engage in any of the foregoing or similar activities shall be subject to inumediate disciplinary action up to and including discharge. The City shall not institute any lockout of employees during the term of this Agreement. ARTICLE 19 GRIEVANCE PROCEDURE 19.1. DEFINITIONS: 19. I. 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. 19.1.2 CIVIL SERVICE APPEAL (Section 5-APPEALS): An appeal is an allegation of a violation of the Civil Service Rules that is to be resolved through the Civil Service Appeals procedure and is not resolvable through this Grievance Procedure. 19.1~3 UNFAIR LABOR PRACTICE: An Unfair Labor Practice charge is an allegation of a violation of the Washington State statutes goveming 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. 19.2 STEP 1: An employee who believes that the terms and conditions of this Agreement have been violated shall first discuss the matter with the person who took the action giving rise to the belief with his or her immediate supervisor within fourteen (14) calendar days of the date the action took place or within fourteen (14) days of the date upon which the employee, by due diligence, could reasonably have been expected to know of such action. The person who took the action shall provide the employee with a written response within fourteen (14) calendar days of the date upon which the grievance was discussed with the employee. 19.3 STEP 2: In the event that the person who took the action does not resolve the issue to the satisfaction of the employee at Step 1 of this procedure, the employee shall reduce the matter to writing and shall: 19.3.1 State whether the employee is selecting a Civil Service Appeal or the Grievance Procedure herein as the dispute resolution method to be used to resolve the issue. COLLECTIVE BARGAINING AGREEMENT PAGE 17 CITY OF BREMERTON, WA. - BREMERTON POLICE OFFICER GUILD January 1, 2003 through December 31, 2005 of the close of the hearing or submission of briefs, whichever occurs later, the arbitrator shall render a written decision, which shall be binding upon the parties. The arbitrator shall conduct the arbitration hearing in conformance with the Voluntary Rules for Labor Arbitration of the American Arbitration Guild. 19.8 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. 19.9 TIME LIMITS: Time limits established in this procedure shall be strictly adhered to but may be waived by mutual agreement of the Guild and the City. All procedures contained herein shall be complied with as expeditiously as practicable. ARTICLE 20 SEVERABILITY 20.1 In the event that any provision of this Agreement is held invalid by any tribunal of competent jurisdiction, the remaining provisions of this Agreement shall not be held invalid and shall remain in full force and effect. The Guild and the City shall immediately meet and attempt to renegotiate any provision found invalid. ARTICLE 21 ENTIRE AGREEMENT 21.1 The Guild 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 Guild 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. The Employer shall not unilaterally change any mandatory subject of bargaining without providing the union with prior notice and the opportunity to bargain. ARTICLE 22 CONFLICTING PROVISIONS 22.1 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 23 LABOR MANAGEMENT COMMITTEE 23.1 LABOR MANAGEMENT: The Employer and the Guild agree that a need exists for closer cooperation between labor and management. To accomplish this objective, the Employer and the Guild agree that no more than four (4) duly authorized representatives of the Guild shall function as one-half (V2) of a Labor- Management Committee, the other half being no more than four (4) certain representatives of the Employer named for that purpose. The committee shall meet at least once every three (3) months for the purpose of discussing and facilitating the resolution of all problems, which may arise between the parties. The Employer shall provide a draft of the minutes of the meeting to the Guild's committee within (2) two weeks of the meeting. At the committee's discretion, additional meetings may be held. The committee shall be chaired by a member elected by the committee. COLLECTIVE BARGAINING AGREEMENT PAGE 19 CITY OF BREMERTON, WA. - BREMERTON POLICE OFFICER GUILD January 1. 2003 through December 31,2005 ARTICLE 28 TERM 28.1 This Agreement shall become effective January 1, 2003 and shall remain in effect through December 3l, 2005, and may be extended thereafter by mutual agreement. It is further agreed that the City or the Guild 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. 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 Guild and all of the employees in the bargaining unit covered by this Agreement. DATED THIS,~u~__ DAY OF ~.~aa~.,~.d,~~__, 200~. CITY OF BREMERTON: ~MERTO GUILD: Car~, Human Re~so~es Dimct~f_~ Roy Alloway, President "'"Robert F~a,b~s, Police C~ ~] ~ Honorable Cal'y Bozeman, Vlayor Member Board of Directors A KathleeC/- - - --'-'*' ~ ~'~1~ s'k:y,~i~t ~ C~erk/ '~/Z Member Board of Directors APPROVED AS TO FORM: ty Attorney COLLECTIVE BARGAINING AGREEMENT PAGE 21 CITY OF BREMERTON, WA. - BREMERTON POLICE OFFICER GUILD January 1, 2003 through December 3 I, 2005 APPENDIX B TO THE AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON AND BREMERTON POLICE OFFICERS GUILD JANUARY 1, 2003 THROUGH DECEMBER 3 l, 2005 THIS APPENDIX is supplemental to that Agreement by and between the CITY OF BREMERTON, WASHINGTON ("Employer") and the BREMERTON POLICE OFFICERS GUILD, ("Guild"). Master Police Officer: The Master Police Officer (MPO) program is viewed as an enhanced career development opportunity for the sworn employees of the Bremerton Police Department. The purpose of an MPO program is to allow qualified non-ranking officers with special technical and administrative skill to be elevated to a new level, Qualifications: A. An employee has served as a top step police officer for three (3) consecutive years. B. Employee has completed, in the course of their employment as a law enforcement officer, 400 hours of law enforcement specialty training that does not include the training hours of basic academy; basic equivalency academy; repeated training classes: or refresher training of BAC or first aid. C. Employee has served at least 12 months on each patrol shift after completing initial probation. D. Employee has served satisfactorily in a secondary assignment(s) for the Bremerton Police Department for a minimum of 18 months. Secondary assignments are assignments above and beyond duties normally assigned to patrol officers serving in patrol unit. These assignments are detective units, crime scenes, traffic, K-9, crime prevention, DARE, GREAT, School Resources and Range Master. Additional secondary assignments as they may be developed can be added to this list. E. Employee maintains acceptable work performance standards and has not had a sustained Internal Affairs investigation one year prior to MPO acceptance. The selection panel may consider other types of minor complaints on a case-case basis. F. MPO's will be assigned as OIC and FTO as needed. Employee will only handle the sergeant's duties when he/she has been assigned as OIC or during limited exceptional circumstances. An employee will not be assigned as OIC while acting in an FTO capacity except during limited exceptional circumstances. G. MPOs shall not be eligible to receive OIC pay and their 5% MPO premium pay. H. The Chief of Police will appoint MPO's in the same order in which they are ranked by the panel. Maintaining MPO Status: COLLECTIVE BARGAINING AGREEMENT PAGE 22 CITY OF BREMERTON, WA. - BREMERTON POLICE OFFICER GUILD January 1, 2003 through December 3l, 2005 (For purposes of this selection process, an Associates Degree in a Police related field will count lbr 100 hours, and a Bachelors Degree in a Police related field will count for 200 hours.) 3. Candidates will receive one additional point for each additional special assignment of 18 months or longer up to a maximum of three points. Should two or mom candidates have equal standing, their points will be added and then divided by two (example: top two candidates have the same seniority so each gets 13 points). Should there be a tie after the points have been totaled, the selection panel will be required to resolve it and provide a single list to the Chief. C. Candidates will apply for MPO positions by submitting a letter and written summary of years of service, training and education, special assignments and letters of recommendation. D. The Chief of Police will request the panel convene to review a specific MPO's status. E. Decisions by the selection panel regarding selection or removal from the MPO program are not subject to the grievance procedure. COLLECTIVE BARGAINING AGREEMENT PAGE 24 CITY OF BREMERTON, WA. - BREMERTON POLICE OFFICER GUILD January 1, 2003 through December 3 L 2005