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038-19 - Matthew H. Brown - Contract Amendment 1CITY OF PORT ORCHARD EMPLOYMENT AGREEMENT WITH MATTHEW BROWN AMENDMENT No. 1 to CONTRACT No. 038-19 This First Amendment to Contract No by and between the City of Port Orchard, Matthew H. Brown ("Brown"). Exhibit 1 038-19 is made effective o?3day of February 2021, a Washington municipal corporation ("City") and WHEREAS, the parties hereto have entered into Contract No. 038-19 to employ Brown as the Chief of Police, and desire to update the terms of the agreement for consistency of employment terms with other similarly situated employees of the City; NOW, THEREFORE, in consideration of the terms and provisions hereof, the parties agree as follows: 1. Section 2, paragraph A is amended to read as follows: A. The City agrees to employ Brown to perform the duties and functions of Chief of Police as specified in the Port Orchard job description (attached hereto as Exhibit A, as may be amended from time to time pursuant to City of Port Orchard Ordinance No. 008-20, and incorporated herein by this reference) for Chief of Police, and to perform such other proper and permissible duties as the City shall from time to time designate. The term of this Agreement shall be from May 28, 2019 through May 27, 2023. This Agreement shall be automatically renewed for a single one-year term beginning May 28, 2023, unless at least two (2) months prior to the end of the initial period, the City advises Brown in writing of its intent not to renew. 2. Section 4 is amended to read as follows: Salary and Benefits. The City agrees to pay Brown, for his services rendered pursuant hereto, according to the adopted city Salary Schedule for Police Chief, starting at the "First 6 months" step amount (subject to applicable withholdings). For each year of this Agreement, Brown shall be paid in accordance with the Salary Schedule established for that year by action of the City Council, consistent with al l other FLSA Exempt employees of the City. Brown shall not be eligible for longevity pay. Brown shall receive the same cost -of -living adjustments (if any) received by other directors in the City. 3. Section 9 is amended to read as follows: Sick Leave and Vacation Accrual. A. Vacation: Brown will receive and be required to use vacation leave under the same terms and conditions of all other FLSA Exempt employees of the City, as outlined in the City's Personnel Policies, as may be amended from time to time. Amendment No. I to Contract 038-19 Page 2 B. Sick Leave: Brown will receive and be required to use sick leave under the same terms and conditions of all other FLSA Exempt employees of the City as outlined in the City's Personnel Policies, as may be amended from time to time. 4. Section 10 is amended to read as follows: HolidUs, Brown will receive pay for holidays under the same terms and conditions of all other FLSA Exempt employees of the City as outlined in the City's Personnel Policies, as may be amended from time to time. Holiday time accrued but not used under the prior contract, must be used by December 31, 2021, or be forfeited. 5. Section 11 is amended to read as follows: Insurance Benefits. Brown will receive the same insurance benefits afforded to all other FLSA Exempt employees of the City and contribute to the cost of insurance premiums, including medical, dental and vision, as outlined in the City's Personnel Policies, resolutions, or Ordinances, as may be amended from time to time. Brown shall be the named insured and shall be responsible for designating the policy beneficiary(ies). In all other respects, the Agreement between the parties shall remain in full force and effect, amended as set forth herein, but only as set forth herein. IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year set forth below. CITY OF PORT ORCHARD, WASHINGTON `4,� Robert Putaan uu, Mayor R. 99 • 0�0-7) Date `\,Ia�DFstF O ITT �o�.yr ATTEST: � ;..A A 1aCD �9£ii +`d•`' ndy R n, MC, CClerk`• , ,gg so ity Kl ?01 O:�•'`� EMPLOYEE: -1000'��'Z Matthe H. own 2-Zs.Z<3zI Date Exhibit A CITY OF PORT ORCHARD JOB DESCRIPTION Job Title: Chief of Police FLSA: Exempt Civil Service: Included Department: Police Department Reports To: MayorThe position of Chief of Police is a full-time executive management position. This position is appointed by the Mayor, subject to confirmation by the City Council. Purpose The primary function of the Chief of Police is to protect lives and property within the City of Port Orchard. The incumbent is the general manager of all police operations and is primarily responsible for establishing and implementing policies, effectively managing finances and coordinating the use of all available resources in a manner that provides stability to the Department and protection to the citizens and property it serves. General Function Incumbent performs specialized work for a municipal government, which requires the ability to exercise independent judgment, initiative and discretion based upon knowledge of the laws of the State of Washington, as well as administrative and legislative policies and ordinances of the City of Port Orchard. The Chief of Police also undertakes projects and accepts additional responsibilities as directed by the Mayor. Supervision Responsibilities The Chief of Police supervises all commissioned personnel and support staff. Unless otherwise directed by the Mayor, the Chief of Police has full discretion in the administration and management of the Police Department. JOB DESCRIPTION: CHIEF OF POLICE EDITED: OCTOBER 2016 PAGE 1 OF 5 Essential Job Functions The job duties and responsibilities represented in this job description do not imply that these are the only duties to be performed. The employee occupying the position will be required to follow any other job -related instructions and to perform any other job -related duties requested by his/her supervisor. • Plans, directs and evaluates the ongoing operations of the Port Orchard Police Department. • Develops annual budget proposal and controls budgeted expenses. • Prepares and reviews operational and administrative reports. • Plans and implements Police Department programs, ensuring that all equipment necessary to the successful functioning of such programs is available to appropriate personnel. • Develops and implements Police Department policies and procedures, revising and amending as necessary. • Has responsibility, within delegated authority, to select, place, promote, train, and discipline Police Department personnel. • Assures the safety of Police Department personnel. • Performs periodic performance appraisals of subordinate personnel. • Promotes safety education in schools. • Monitors criminal investigations. • Observes established policies regarding the legal rights of the accused. • Operates a motor vehicle in all environmental conditions and, on occasion, operates the vehicle at high speeds and in congested traffic situations. • Performs criminal investigations. • Enforces municipal traffic regulations. • Identifies criminal activity. • Supervises maintenance of records regarding arrests, investigations, and other police matters. • Conducts routine patrol duties within the city limits, as needed. JOB DESCRIPTION: CHIEF OF POLICE PAGE 2 OF 5 • Responds to calls for service and assistance, as needed. • Make arrests for various crimes. • Investigates complaints lodged against the Police Department. • Attends City Council meetings and other evening meetings as required. • Participates in administrative staff meetings. • Confers with the Mayor and the City Council to assess the need for new equipment and personnel. • Represents the Mayor before various agencies, boards, commissions and community groups as requested. • Attends various public functions and speaking on behalf of the Police Department (i.e., City Council meetings, legal actions involving the Department). Knowledge, Skills and Abilities While requirements may be representative of minimum levels of knowledge, skills and abilities, to perform this job successfully, the incumbent will possess the abilities or aptitudes to perform each duty proficiently. • Background in personnel management. • Excellent motivational skills. • Ability to deal effectively with the public using tact and diplomacy • Knowledge of technical and administrative aspects of crime prevention and community policing. • Knowledge of federal, state and local laws and ordinances pertaining to law enforcement functions. • Aptitude in various fiscal duties such as budgeting, purchasing, and accounting. • Advanced studies in police administration. • Management experience. • Proficient in use of firearms and related police equipment and tools. • Ability to make split-second decisions to ensure the well being of the public, the Department, and subordinate personnel. JOB DESCRIPTION: CHIEF OF POLICE PAGE 3 OF 5 • Ability and willingness to maintain strict confidentiality. Working Conditions Work is performed both indoors and outdoors. While the position of Chief of Police is not subject to routine shift rotation, incumbent is subject to be called to duty after normally scheduled work hours or on regularly scheduled days off. Attendance at evening meetings and/or other off -duty time events is mandatory. The Chief of Police may encounter hazards arising from contact with violent individuals. In addition, in the course of performing his/her duties, the Police Chief may be exposed to biohazardous materials (i.e., bloodborne pathogens) or hazardous materials released at an emergency scene (i.e., chemical spills, gasoline spills, etc.). Continuous attention to safe working and operating procedures is required. The individual serving in this capacity may from time to time be required to use a firearm, or may be required to utilize specialized protective equipment (i.e., body armor) or generalized protective equipment (i.e., rubber or plastic gloves). Contacts and Relationships The Chief of Police has contact with numerous state, county and municipal government officials, members of other police departments, and with civilian vendors and consultants conducting business with the Police Department. This individual has frequent contact with elected officials, office personnel, field personnel, the City's attorney, and customers. The contacts involve a wide variety and range of purpose, including the need to provide or collect information, coordinate projects or activities, and to solve or negotiate solutions to problems. Communication may be either by telephone, in person, or through written communication. Physical Requirements The Chief of Police must have the physical ability to perform the full range of duties of a commissioned police officer. The employee will routinely encounter emergency situations that may require rapid evacuation of an area in order to avoid personal injury or to provide assistance to another individual, and must therefore have the physical ability to walk and run. He/she must have the dexterity to manipulate standard police related equipment. The employee must have the ability to conduct coherent voice communication in person as well as via portable radio and telephone. Other requirements include: • Ability to operate a motor vehicle, two-way radio (including from field situations), and to effectively operate radar equipment, breathalyzer, etc.; • Ability to read, understand and interpret ordinances, laws, and other operating procedures and to communicate orally and in writing; JOB DESCRIPTION: CHIEF OF POLICE PAGE 4 OF 5 Overall stamina and ability to perform moderate to strenuous physical activity; Vision sufficient to perform all duties (corrective lenses may be utilized); and Ability to hear alarms and audibly identify the presence of a danger or hazard. JOB DESCRIPTION: CHIEF OF POLICE PAGE S OF S Recruiting Requirements • Bachelor's Degree from recognized college or university in Law Enforcement or Management related field; or equivalent experience with a minimum of ten years experience in a state, county, or municipal civil law enforcement agency including a minimum of three years administrative experience at the rank of Sergeant or higher. • Ongoing education in law enforcement procedures. • Training in the use of assorted job -related equipment, including breathalyzer and radar machines. • Proficiency in the use of weapons and self-defense tools. • Completion of Washington State Basic Training Academy or equivalent. • Washington State Criminal Justice Training Commission Middle -Management Career -Level Certification. • Washington State Criminal Justice Training Commission Executive -Management Career - Level Certification (or ability to obtain within 2 years from date of appointment). • Demonstrated leadership ability. • All city employees must successfully pass a pre -employment Drug Testing as prescribed by the City's Drug and Alcohol Testing Policy. Experience and Train Ten years experience in a qualified state, county or municipal civil law enforcement agency, which must include a minimum of three years administrative experience at the rank of sergeant (or equivalent) or higher, (or any combination of experience and training that provides the desired, skills, knowledge and abilities). Possess a valid Washington State driver's license. Requirements outlined in this job description may be subject to modification to reasonably accommodate individuals with disabilities who are otherwise qualified for employment in this position. However, some requirements may exclude individuals who pose a direct threat or significant risk to the health and safety of themselves or other employees. This job description does not constitute an employment agreement between the Employer and employee and is subject to change as the needs of the Employer and requirements of the job change. JOB DESCRIPTION: CHIEF OF POLICE PAGE 6 OF S FXHTRTT R POLICE CHIEF After 5 yrs. After 4 yrs. After 3 yrs. After 2 yrs After 1 yr. After 6 mos. First 6 mos. By Contract Recruitment 74.52 72.70 70.93 69.20 67.51 65.86 64.25 155,002 151,215 147,534 143,936 140,421 136,989 133,640