087-22 - Port Orchard Police Guild-Sergeants - ContractAGREEMENT
BY AND BETWEEN
CITY OF PORT ORCHARD, WASHINGTON
/:VI17
PORT ORCHARD POLICE GUILD
(REPRESENTING THE SERGEANT EMPLOYEES)
JANUARY I, 2022 THROUGH DECEMBER 31, 2024
TABLE OF CONTENTS
to the
AGREEMENT
By and Between
CITY OF PORT ORCHARD
and
PORT ORCHARD POLICE GUILD
(Representing Sergeant Employees)
January 1, 2022 through December 31, 2024
TABLE OF CONTENTS
ARTICLE TITLE PAGE
ARTICLE 1
EXCLUSIVE BARGAINING REPRESENTATIVE --------------------------------------- 3
ARTICLE 2
NON-DISCRIMINATION----------------------------------------------------------------------
3
ARTICLE3
GUILD MEMBERSHIP-------------------------------------------------------------------------
3
ARTICLE 4
MANAGEMENT RIGHTS----------------------------------------------------------------------
3
ARTICLE5
DISCIPLINE ---------------------------------------------------------------------------------------
5
ARTICLE 6
GRIEVANCE AND ARBITRATION---------------------------------------------------------
5
ARTICLE 7
HOURS OF WORK AND WORKING CONDITIONS ------------------------------------
6
ARTICLE 8
WAGES, LONGEVITY PAY ------------------------------------------------------------------
10
ARTICLE9
DEFINITIONS ------------------------------------------------------------------------------------
10
ARTICLE10
HOLIDAYS ---------------------------------------------------------------------------------------
10
ARTICLE11
VACATIONS-------------------------------------------------------------------------------------12
ARTICLE12
SICK LEAVE -------------------------------------------------------------------------------------
13
ARTICLE13
BEREAVEMENT --------------------------------------------------------------------------------
16
ARTICLE 14
LEAVES OF ABSENCE-----------------------------------------------------------------------16
ARTICLE 15
HEALTH AND WELFARE --------------------------------------------------------------------
17
ARTICLE16
LAYOFFS-----------------------------------------------------------------------------------------18
ARTICLE 17
UNIFORM ALLOWANCES -------------------------------------------------------------------
18
ARTICLE18
SAVINGS CLAUSE -----------------------------------------------------------------------------
19
ARTICLE 19
NO STRIKE CLAUSE--------------------------------------------------------------------------19
ARTICLE 20
DURATION AND NEGOTIATION NOTIFICATION-----------------------------------19
ARTICLE21
POLICIES-----------------------------------------------------------------------------------------20
ARTICLE 22
POLICE OFFICER INTERVIEW GUIDELINES AND RELATED MATTERS ----- 20
ARTICLE 23
GUILD ACTIVITIES---------------------------------------------------------------------------25
ARTICLE24
MISCELLANEOUS-----------------------------------------------------------------------------25
ARTICLE 25
TEMPORARY EMPLOYMENT --------------------------------------------------------------
25
ARTICLE 26
TRAINING AND EDUCATION -------------------------------------------------------------- 26
APPENDIXA
--------------------------------------------------------------------------------------------------------28
APPENDIXB
--------------------------------------------------------------------------------------------------------- 29
AGREEMENT (SERGEANT EMPLOYEES) PAGE 2 OF 29
CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD
JANUARY 1, 2022 - DECEMBER 31, 2024
AGREEMENT
By and Between
CITY OF PORT ORCHARD
and
PORT ORCHARD POLICE GUILD
(Representing Sergeant Employees)
January 1, 2022 through December 31, 2024
PREAMBLE
This Agreement is entered into by the City of Port Orchard, Washington, hereinafter also referred to
as the Employer or City and the Port Orchard Police Guild, hereinafter also referred to as the Guild.
ARTICLE 1 ................... EXCLUSIVE BARGAINING REPRESENTATIVE
1.1 The Employer recognizes the Guild as the exclusive bargaining representative for all Sergeant
employees. The Agreement does not cover extra help, seasonal employees, supervisors, patrol
officers, the Deputy Chief, and the Chief of Police.
ARTICLE 2 ...................NON-DISCRIMINATION
2.1 The Employer and the Guild agree that employment shall be consistent with applicable state and
federal laws regarding non-discrimination.
ARTICLE 3 .................... GUILD MEMBERSHIP
3.1 Employees have the right to become a member of the Guild. The Employer agrees to deduct dues
from employees who voluntarily authorize the deductions according to RCW 41.56.110. An
employee seeking to revoke authorization for deductions shall submit the request in writing to the
Guild. Upon transmission of dues to the Guild, the Employer's responsibility shall cease with respect
to such deductions and the Guild shall indemnify and hold the Employer harmless from any claims,
demands, suits, or other forms of liability relating to this paragraph. An employee on unpaid leave
shall not be required to pay dues. The Department shall include a 30-minute Guild orientation session
in the regular scheduling of each new employee's training period.
ARTICLE 4 .......................... MANAGEMENT RIGHTS
4.1 Except as otherwise specifically provided in this Agreement, and subject to the Guild's right to
negotiate mandatory subjects of bargaining, the Employer has the sole and exclusive right to exercise
all the rights and functions of management. Without limiting the generality of the foregoing,
management rights includes; but is not limited to:
AGREEMENT (SERGEANT EMPLOYEES) PAGE 3 OF 29
CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD
JANUARY 1, 2022 - DECEMBER 31, 2024
(1) The determination of Police Department policy, including the right to manage the affairs of
the Police Department in all respects;
(2) The right to assign working hours, including overtime;
(3) The right to establish, modify, or change work schedules, managing of facilities and
equipment, including the amount of facilities and equipment;
(4) The right to direct the employees of the Police Department, including the right to hire, evaluate
qualifications, evaluate skill and ability, promote, demote, suspend, layoff and discipline or
discharge for just cause;
(5) The right to organize and reorganize the Police Department in any manner it chooses,
including the size of the Police Department and the determination of job classifications and
rank based upon duties assigned, except where such changes impact mandatory subjects of
bargaining, wherein the Employer will notify the Guild of its intent and offer the opportunity
to bargain prior to final decision by the Employer;
(6) The determination of the safety, health and property protection measures for the Police
Department in accordance with applicable statutes and regulations;
(7) The selection, promotion or transfer of employees to supervisory or other managerial or
technical positions, except where otherwise subject to Civil Service procedures;
(8) The allocation and assignment of work to employees within the Police Department;
(9) The determination of policy affecting selection or training of employees;
(10) The scheduling of operations and determination of the number and duration of hours of
assigned duty per week, except that the Employer will notify the Guild of its intent and offer
the opportunity to bargain prior to final decision by the Employer;
(11) The establishment, modification and enforcement of Police Department rules, regulations
and orders;
(12) The transfer of work from one position to another within the Police Department;
(13) The introduction of new, improved or different methods and techniques of operation of the
Police Department or changes in existing methods and techniques;
(14) The placing of service, maintenance or other work with outside contractors or agencies of the
Employer;
(15) The determination of the number of ranks and the number of employees within each rank;
and
(16) The determination of the amount of supervision necessary.
AGREEMENT (SERGEANT EMPLOYEES) PAGE 4 OF 29
CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD
JANUARY 1, 2022 - DECEMBER 31, 2024
4.2 The Employer has the right to immediately exercise its management rights without consultation with
the Guild in exigent circumstances, subject to any applicable requirements of Ch. 41.56 RCW and
its accompanying regulations.
4.3 The Guild reserves the right to assert that the continuation of the City's management rights clause
does not require the Guild to waive any bargaining rights it presently has under Ch. 41.56 RCW and
the City reserves the right to contest this assertion.
ARTICLE 5..................DISCIPLINE
5.1 Discipline is defined to include written reprimands, suspensions without pay, demotions to a lower
paying classification, and termination of employment.
5.2 It is agreed that the City has the right to discipline any non -probationary employee for just cause.
ARTICLE 6...............GRIEVANCE AND ARBITRATION
6.1 A "grievance" means a claim or dispute with respect to the alleged violation of the provisions of this
Agreement.
6.2 Step 1. A grievance shall be presented in writing within thirty (30) calendar days of its alleged
occurrence to the employee's immediate supervisor. The grievance shall contain the section of the
Agreement allegedly violated, the facts, and the remedy sought. The immediate supervisor shall issue
a written response within fifteen (15) calendar days.
6.3 Step 2. If the employee or employees or the Guild is/are not satisfied with the Step I response, the
grievance may be presented in writing within fifteen (15) calendar days of the Step 1 response to the
Chief of Police. The Chief shall issue a written response within (30) thirty calendar days.
6.4 Step 3. If the employee or employees or the Guild is/are not satisfied with the Step 2 response, the
grievance, in writing together with all other pertinent material may be presented to the Mayor within
fifteen (15) calendar days of the Step 2 response. The Mayor shall issue a written response within
thirty (30) calendar days.
6.5 Step 4. In the event a grievance is not satisfactorily settled after presentation to the Mayor, the Guild,
if it so chooses, may submit the matter to arbitration under the following procedures; a written request
for arbitration must be made by the Guild within thirty (30) calendar days after receipt of the Mayor's
Step 3 decision. Unless otherwise required by state law, the parties will attempt to agree on an
arbitrator to hear and decide the particular case. If the parties are unable to agree on an arbitrator
within ten (10) working days of the submission of the written request for arbitration, either party may
request a list of nine (9) names from the Public Employment Relations Commission (PERC). An
arbitrator shall be selected by alternating strikes, the first strike to be determined by a flip of a coin.
The arbitrator shall hold a hearing and accept pertinent evidence submitted by both parties and shall
be empowered to request such data as the arbitrator deems pertinent to the grievance. Each party to
the proceedings may call such witnesses as may be necessary. Such testimony shall be limited to the
matters set forth in the written statement of grievance. The arguments of the parties may be supported
by oral comment and rebuttal. The hearing shall be kept private and shall include only the Employer
and the Guild as parties in interest and their designated representatives and witnesses.
AGREEMENT (SERGEANT EMPLOYEES) PAGE 5 OF 29
CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD
JANUARY 1, 2022 - DECEMBER 31, 2024
6.6 The arbitrator shall be authorized to rule and issue a decision in writing on the issue presented for
arbitration, such decision shall be final and binding on both parties. The arbitrator shall rule only on
the basis of information presented in the hearing before their and shall refuse to receive any
information after the hearing except when there is mutual agreement, and in the presence of both
parties. The arbitrator shall have no power to render a decision that will add to, subtract from, or
alter, change or modify the terms of this Agreement, and the arbitrator's power shall be limited to
interpretation and application of the express terms of this Agreement. The arbitrator's decision shall
be made in writing and, if neither party wishes to submit a post -hearing brief, shall be issued to the
parties within thirty (30) days after the arbitration hearing. If either or both parties wish to submit
post -hearing briefs, said briefs) may be submitted to the arbitrator on a date agreed upon by the
parties or, if they are unable to agree on a date, designated by the arbitrator. If post -hearing briefing
is submitted, the arbitrator's written decision shall be issued to the parties within thirty (30) calendar
days of submission of the briefs. Each party shall pay any compensation and expenses relating to its
own witnesses or representatives. If either party requests a stenographic record of the hearing, the
cost of said record will be paid by the party requesting it. If the other party also requests a copy, that
party will pay one-half of the stenographic costs. Any PERC fee for the list of nine (9) names and
the fee and expenses of the arbitrator shall be paid by the party ruled against by the arbitrator. In the
event that the arbitrator's decision provides for a split ruling, the arbitrator shall then determine the
appropriate share of the total cost that will be paid by each party.
6.7 The right of the Guild to lodge and process a grievance is expressly confirmed. An employee may
be represented at any stage of the grievance procedure by the Guild. No settlement of a grievance
shall be contrary to the terms of this Agreement, unless mutually agreed by the parties.
6.8 ELECTION OF REMEDIES — In no event may the Guild/employee receive an arbitration hearing
and a hearing under the Port Orchard Civil Service Commission's appeal procedures regarding the
same grievance, issue, or matter. The Guild, on behalf of the employee, must elect a remedy i.e.,
either pursing arbitration under this Article 6 or pursuing an appeal before the Port Orchard Civil
Service Commission (within the timeframes established by the Civil Service Commission's rules).
Submission of a matter to the Port Orchard Civil Service Commission constitutes an election of
remedies and irrevocably waives the right to pursue the matter through the arbitration process.
Similarly, submission of a matter to the arbitration process constitutes an election of remedies and
irrevocably waives the right to pursue the matter through the Port Orchard Civil Service Commission.
ARTICLE 7 ....................HOURS OF WORK AND WORKING CONDITIONS
7.1 HOURS OF WORK — This article is intended to define the normal hours of work and provide the
basis for calculation of overtime. For the purposes of the Fair Labor Standards Act (FLSA)
compliance, a 28-day work period will be utilized. The City reserves the right to maintain and
modify, as necessary, work period designations for different shifts in accordance with FLSA 7K
exemption rule. This includes designating different work periods for different shifts.
7.1.1 The Sergeants' schedule will be divided into Squad A and Squad B. Work week is defined
from 0000 hours on Sunday to 2359 hours on the following Saturday. The regular workday
shall be 10 hours and 45 minutes (10.75) with every other Friday overlaps, with 5 days on,
4 days off, 5 days on, 4 days off, 5 days on, and 5 days off. The selection or subsequent
change in the work week shall be at the discretion of the Employer based on the operational
needs of the Department.
AGREEMENT (SERGEANT EMPLOYEES) PAGE 6 OF 29
CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD
JANUARY 1, 2022 - DECEMBER 31, 2024
7.1.2 Any Sergeant may be assigned by the Chief, at the Chief s discretion, a weekly schedule of
forty (40) hours of work consisting of five (5) consecutive eight -hour days followed by two
(2) consecutive days off or four (4) consecutive ten-hour days with three (3) consecutive days
off based on the operational needs of the Department.
7.1.3 REQUIRED IN-SERVICE TRAINING DAYS — On an annual basis and prior to October 31,
the Chief will identify the dates for each of up to eight required in-service training dates per
squad which shall be considered part of the regular work schedule. Notification of training
dates will be provided prior to the time of the shift bid each year. Required in-service training
will occur for both Squads A and B with Squad B covering patrol needs while Squad A is in
training and vice versa. The Squad that is in training will not be allowed time off on training
days except as provided by the Chief. Training content and activity is at the discretion of the
Chief.
7.1.4 OFF -DUTY WORK — If the Employer approves off -duty work, the payment for such work
shall be through the Employer. Any off -duty work shall be paid at the overtime rate, but the
hours worked shall not be counted towards the forty (40) hour work week for determining
overtime for on duty work. The provisions relating to holiday pay, call back and other
compensation enhancement provisions of this Agreement shall not apply to off -duty work,
nor shall off -duty work apply to increase the compensation enhancement for on -duty work.
Off -duty work shall be offered first to bargaining unit members before offering it to reserve
officers. The officer working the special event shall receive off -duty pay for the actual time
worked, or the number of hours charged by the Employer to the special event sponsor,
whichever is greater.
7.1.5 BREAKS — Employees shall be entitled to a paid meal period of up to thirty (30) minutes
and two paid rest breaks of fifteen (15) minutes each during a regular shift. Extension of a
regular shift by more than four (4) hours will entitle the employee to take a second paid meal
period of up to thirty (30) minutes during the extension. Meal periods and rest breaks are
taken when operationally feasible, subject to interruption, and do not accrue from one day to
the next. It is the parties' intent that this section supersede WAC 296-126-092 per RCW
49.12.187.
7.2 OVERTIME — Services performed in excess of the employee's regular work schedule shall constitute
overtime and shall be compensated at one and one-half (1.5) times the employee's regular hourly
rate of pay. When possible, overtime should be authorized in advance by the supervisor. Employees
who voluntarily bid for a shift change will not accrue overtime as a result of the changeover and must
use a schedule adjustment. Under no circumstances will a shift trade, made upon the employee's
request and with management approval, result in the payment of overtime for the regularly scheduled
hours of the shift worked due to the trade.
At the employee's option, overtime may be accrued as compensatory time up to a maximum
compensatory time accrual of 53.75 hours. Any accrued and unused compensatory time shall be
paid out each year in the first paycheck of December. Upon separation from employment for any
reason, accrued and unused compensatory time shall be paid out. Requests to use compensatory time
should be submitted as far in advance as reasonably possible and will be granted or denied based on
City operational needs.
AGREEMENT (SERGEANT EMPLOYEES) PAGE 7 OF 29
CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD
JANUARY 1, 2022 - DECEMBER 31, 2024
7.3 CALLBACK — Should an employee be called for duty other than the regular shift, such employee
shall receive a minimum of three (3) hours of overtime pay, excluding court time. Callback shall not
apply when the employee is called back to work within two (2) hours of the start of their regular
shift. A reserve officer shall not be used to supplant bargaining unit scheduled work, unless the work
is first offered to bargaining unit members. Reserves may be used to supplement scheduled shifts,
or to fill scheduled shifts where no bargaining unit member is available.
7.3.1 SCHEDULED OVERTIME — Should an employee be scheduled for duty other than the
regular shift, such employee shall receive a minimum of three (3) hours of overtime pay. It
is understood and agreed that the Employer may require that the employee work the entire
period.
7.3.2 COURT PAY — Should an employee be called or scheduled for court such employee shall
receive a minimum of three (3) hours of overtime pay for time scheduled on the employee's
day off, and two (2) hours of overtime pay for time scheduled during the employee's
regularly scheduled work day; provided that there is no overlap of this two hour overtime
period and the start of the employee's shift. Employees called to duty for any other reason
during their off -duty time, when such time is not contiguous with their regularly scheduled
work day, which shall include but not be limited to the requirement to attend (as a witness
or in any other capacity directly related to their official duties): (a) any case pending in
Juvenile Court, County Court or District Court; (b) any Grand Jury proceeding; (c) any
conference with the City or County Prosecutors or their respective assistants; (d) any pre-
trial conference or related hearings; or (e) any proceedings by any City, County, State or
Federal governmental entity, shall be entitled to overtime compensation at the rate of either:
(i) a two (2) hour minimum at one and one-half (1.5) times their regular hourly rate of pay;
OR (ii) one and one-half (1.5) times their regular hourly rate of pay for the actual number of
hours in attendance, whichever is greater.
If an employee is required to attend any of the above circumstances when on an approved
leave period of longer than three (3) days, the employee shall be entitled to overtime
compensation at the rate of either: (i) a three (3) hour minimum at one and one-half (1.5)
times their regular hourly rate of pay; OR (ii) one and one-half (1.5) times their regular
hourly rate of pay for the actual number of hours in attendance, whichever is greater.
7.3.3 Employees covered by this Agreement are essential and shall be required to work during
emergencies, including weather -related emergencies.
7.3.4 Employees required to work outside their regular shift without reporting for duty in person
(for example, phone calls lasting more than 7'/z minutes) shall be compensated with a
minimum of fifteen minutes at the overtime rate. Routine communications, such as for
overtime opportunities or assignments, are not eligible for compensation under this
provision.
7.4 Should an employee be called for duty when the employee is on approved compensatory leave or
vacation, leave time will terminate upon commencement of work and resume again after emergency
work is completed. The leave time will be restored to their bank of applicable compensatory or
vacation time to be used at a later date. A maximum of eight (8) hours in a 24-hour period may be
restored. If travel time should exceed normal home to work commuting time, the excess time will be
included in the eight (8) hours maximum restorable time.
AGREEMENT (SERGEANT EMPLOYEES) PAGE 8 OF 29
CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD
JANUARY 1, 2022 - DECEMBER 31, 2024
7.5 STAND-BY — An employee shall be paid at 50% of their regular wage rate for time they must stand-
by at home by demand of the Court or Police Department.
7.6 Adjustments in the regular working hours of the employees for the convenience of the Employer and
employees shall not be in conflict with this Agreement.
7.7 DUTY SCHEDULE — The Employer shall strive to post the master duty schedule 30 days prior to
scheduled shift change. This shall not apply to changes that may occur during the thirty day posting
period.
7.8 K-9 OFFICER ASSIGNMENT — If the Employer should, as an exercise of its management rights,
determine that an officer should be assigned the duty of serving as a K-9 officer, then the following
shall apply:
1. One-half hour of each workday shall be devoted to care for the animal.
2. All mandatory training shall take place during the employee's regular shift.
3. The Employer shall reimburse the employee for all receipted expenses, approved in advance by
the Chief.
4. The City shall pay the officer an additional four (4) hours per work week to be paid at a rate of
time and one-half (1.5) of the Washington State minimum wage for home care of the K-9.
5. At the time the animal is determined, by the Employer, as no longer fit for service, at the K-9
officer's option, ownership of the animal will be sold to the K-9 officer for a nominal fee. Such
transfer of ownership shall relieve the city of any further liability.
7.9 TRAINING
7.9.1 MANDATORY TRAINING — For purposes of this paragraph, any training that the Employer
requires an employee to attend will be considered mandatory. Travel days and attendance
days for any mandatory training outside of the employee's regular shift will be compensated
as an eight (8) hour workday at one and one-half (1.5) times the employee's base pay.
Employees who attend mandatory training that requires overnight accommodations shall
adjust their work schedule at the straight time rate for all travel and lodging time associated
with the training with a maximum of ten (10) hours per day. Any overnight accommodation
shall include the option that each participating employee be provided with a single occupancy
room, and all meals shall be reimbursed at the applicable federal per diem rate and as
otherwise consistent with City policy.
7.9.2 VOLUNTARY TRAINING — For purposes of this paragraph, any training that an employee
requests to attend, but is not required by the Employer, will be considered voluntary.
Employees who request to attend a voluntary training falling on their day(s) off waive the
overtime requirement of this Section. Travel days and attendance days worked for any
voluntary training will be compensated as an eight (8) hour workday at the straight time
hourly rate of pay.
AGREEMENT (SERGEANT EMPLOYEES) PAGE 9 OF 29
CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD
JANUARY 1, 2022 - DECEMBER 31, 2024
ARTICLE 8 .................. WAGES, LONGEVITY PAY
8.1 All employees covered by this Agreement shall be classified and compensated in accordance with
Appendix A attached hereto and considered part of this Agreement.
8.2 After completion of two (2) years full-time employment, an employee shall be eligible for longevity
pay. Such longevity pay shall be the employee's base pay plus .25% for each additional year of
employment effective with the first full pay period in which the employee's anniversary date occurs.
Each longevity pay increase shall commence in the pay period that the employee's anniversary date
occurs. Each longevity increase shall be calculated on the base pay for the position held by the
employee.
8.3 The wage set forth in Appendix A shall be increased by 5% whenever the officer is actually serving
as a Field Training Officer (FTO). FTO pay will commence for those Field Training Officers
activated to train a recruit officer on the first day of assignment of the recruit officer into field training.
All FTOs activated will receive FTO pay until the recruit officer is out of the field training program.
If, during the training period, there is a need to replace an assigned FTO, the replacing FTO will
receive FTO pay on the date of this replacement until the recruit officer is out of the field training
program.
ARTICLE 9 .................. DEFINITIONS
9.1 In construing the provisions of this Agreement the following definitions shall apply:
9.2 A "full-time employee" is any person employed by the Employer who devoted their full time to the
job during working hours on a yearly basis.
9.3 "Probation" for employees promoted to Sergeant shall be one (1) year from date of promotion. Any
employee failing to satisfactorily complete a promotional probationary period in the Sergeant rank
shall be restored by the Employer to the most recent previous class for which the employee qualifies,
which may not be grieved. In the event a vacancy does not exist, one may be created by layoff in
accordance with Article 16. The promotional probationary period may be extended upon mutual
agreement by the Chief of Police and the Guild.
ARTICLE 10 ..................HOLIDAYS
10.1 In lieu of holidays, employees shall be credited with ninety-six (96) hours of holiday leave per
calendar year, prorated for each payroll cycle. Holiday leave is taken following the same process as
vacation leave. Effective the first full pay cycle after January 1, 2023, or the first full pay cycle after
ratification of this Agreement by both parties, whichever is later, holiday leave shall accrue at the rate
of 0.0462 per regular paid straight time hour (excluding overtime and leave cash out) up to a
maximum accrual of 96 hours of holiday leave per year.
10.2 In addition to the above holiday leave, employees shall receive twenty-four (24) hours additional
holiday leave on their anniversary date. Effective January 1, 2023, additional holiday leave hours
will be accrued on January 1 of each year (current employees will accrue a prorated amount the first
year). For new hires, the twenty-four (24) hours will be prorated and frontloaded at the time of hire
and then accrued every January 1 thereafter.
AGREEMENT (SERGEANT EMPLOYEES) PAGE 10 OF 29
CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD
JANUARY 1, 2022 - DECEMBER 31, 2024
10.3 HOLIDAY PAY — Any employee whose shift starts on a holiday shall be paid one and one-half (1.5)
times the straight time rate for all hours worked during their regularly scheduled full shift. Time
worked on a holiday outside of an employee's regularly scheduled shift shall be compensated at
double time for all hours worked. If an employee works an extra -duty assignment or an off -duty
assignment on a recognized holiday, the standard rate of one and one-half (1.5) times the regular
hourly rate of pay shall apply. This includes, but is not limited to, grant funded traffic emphasis
assignments, extra -duty for private entities, and volunteering to work special events.
10.4 Recognized holidays are New Year's Day; Martin Luther King, Presidents' Day; Memorial Day;
Juneteenth; Independence Day; Labor Day; Veterans Day; Thanksgiving Day; the day after
Thanksgiving Day; and Christmas Day.
10.4.1 Holidays are observed on the calendar day of the holiday, regardless of whether it is Saturday
or Sunday.
10.4.2 Holidays for employees on light duty that fall on a Saturday or Sunday are observed on a
weekday designated by the City and are not worked unless provided for elsewhere in this
Agreement. Holidays for these employees are unpaid unless the employee uses their own
holiday, compensatory, or vacation leave accrual.
10.5 An employee may carry over a maximum of ninety-six (96) hours of accrued holiday time. All other
accrued holiday hours not used by the end of each calendar year shall be forfeited. When accrued
holiday hours are not used due to the convenience of the Employer, the employee will be paid in cash
at the end of the year.
10.6 The Employer shall pay an employee, as defined herein, for their accrued holiday time, if any, which
is earned, but not taken, upon separation of employment (including for the reasons of voluntary
termination and death of the employee) or promotion into a non -Guild represented position. Provided,
however, that in case of voluntary termination, the employee shall have given Employer at least thirty
(30) calendar days notice of such termination in order to be eligible to receive such pay. There shall
be no cap on the amount of the payment of accrued holiday time upon separation of employment or
promotion into a non -Guild represented position (other than the current maximum accrual and carry
over restrictions set forth in this Article 10).
10.7 HOLIDAY STAFFING
10.7.1 Employees on light duty assignments are eligible to work on a holiday and to receive "holiday
pay" (described in Section 10.3 above), provided that the employee provides their supervisor
with a work plan for that day. If, after a review of available work in good faith, the supervisor
agrees that there is significant work for the employee, a recommendation will be made to the
Chief of Police, who will make the final decision and notify the employee of that decision.
10.7.2 In order to be eligible to receive "holiday pay" (described in Section 10.3 above), the
employee must work their regularly scheduled shift immediately preceding, or immediately
following the shift worked on the subject holiday. Unless the employee is on sick leave or
other protected leave during such shift.
AGREEMENT (SERGEANT EMPLOYEES) PAGE 11 OF 29
CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD
JANUARY 1, 2022 - DECEMBER 31, 2024
ARTICLE 11 ..................VACATIONS
1 1.1 VACATION ACCRUAL
Vacation leave requests should be submitted as far in advance as reasonably possible. Vacation
requests will be granted or denied based upon City operational needs. Employees shall be entitled to
use their accrued vacation leave. All full-time employees will accrue vacation leave on a prorated bi-
weekly basis as follows:
Year 1: (80 hours) a year
Year 2: (88 hours) a year
Year 3: (96 hours) a year
In addition each year on the employee's anniversary date, after three (3) full years of employment,
one (1) bonus day (8 hours) of vacation for each year will be credited to their vacation account. After
each additional year of employment, the employee shall be entitled to an additional bonus of 8 hours
of vacation leave. The total vacation/bonus accrual shall not exceed 240 hours.
Effective the first full pay cycle after January 1, 2022, or the first full pay cycle after ratification of
this Agreement by both parties, whichever is later, in lieu of the vacation accruals above, vacation
shall accrue at the rates below per regular paid straight time hour (excluding overtime and leave cash
out):
Employment
Year
Months of
employment
Accrual
Rate
Max
accrual
per pay
period
Employment
Year
Months of
employment
Accrual
Rate
Max
accrual
per pay
eriod
1
0-11
0.0385
3.31
11
120-131
0.0808
6.95
2
12-23
0.0423
3.64
12
132-143
0.0846
7.28
3
24-35
0.0500
4.3
13
144-155
0.0885
7.61
4
36-47
0.0538
4.63
14
156-167
0.0923
7.94
5
48-59
0.0577
4.96
15
168-179
0.0962
8.27
6
60-71
0.0615
5.29
16
180-191
0.1000
8.6
7
72-83
0.0654
5.62
17
192-203
0.1038
8.93
8
84-95
0.0692
5.95
18
204-215
0.1077
9.26
9
96-107
0.0731
6.29
19
216-227
0.1115
9.59
10
108-119
0.0769
6.61
20 or more
228 plus
0.1154
9.92
11.2 Each employee must use at least one week (five (5) consecutive days) leave each year for a vacation
purpose.
11.3 An employee, as defined herein, shall receive leave pay for any portion of vacation earned, but not
taken, upon leaving the employ of the Employer (including for the reasons of voluntary termination
and death of the employee); provided, however, that in case of voluntary termination, the employee
shall have given at least thirty (30) calendar days notice of such termination in order to be eligible to
receive such pay. There shall be a cap of two hundred and forty (240) hours on the amount of the
payment of accrued vacation time upon separation of employment. Any accrued vacation hours above
two hundred and forty (240) hours (up to a maximum of 80 hours) will be cashed out into the
employee's HRA VEBA account.
AGREEMENT (SERGEANT EMPLOYEES) PAGE 12 OF 29
CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD
JANUARY 1, 2022 - DECEMBER 31, 2024
11.5 Vacation shall be paid at the straight time rate.
11.6 An employee may carry over a maximum of three hundred and twenty (320) hours of vacation
effective January 1 of each year. All other accrued vacation not used by the end of each year will be
forfeited, except when accrued vacation is not used due to the convenience of the Employer, the
employee will be paid in cash at the end of the year. No employee shall be eligible to receive this
cash payment, however, for any vacation leave which was not previously scheduled prior to December
I St.
11.7 Upon promotion or transfer to a City position not covered by this Agreement, the employee may roll
over accrued and unused vacation up to the cash out maximum in this Agreement (i.e., 240 hours) or
the maximum vacation accrual limit applicable to the new position, whichever is higher.
ARTICLE 12 ..................SICK LEAVE
12.1 All employees shall be entitled to use accrued sick leave when they are incapacitated from
performance of their duties by reason of sickness or injury or when, through exposure to contagious
diseases, the presence of the employee would jeopardize the health of others, or in accordance with
the Employer's policies. Sick leave shall accrue at the rate of ninety-six (96) hours per calendar year.
Effective the first full pay cycle after January 1, 2022, or the first full pay cycle after ratification of
this Agreement by both parties, whichever is later, sick leave shall accrue at the rate of 0.0462 per
regular paid straight time hour (excluding overtime and leave cash out), up to a maximum of 96 hours
of sick leave per year. An employee may accumulate more than one thousand forty (1,040) hours
during the year, but may only carry over a maximum of one thousand forty (1,040) hours from one
calendar year to the next. Sick leave shall be accumulated and recorded on a prorated bi-weekly basis
as provided in this Section.
12.1.1 Sick Leave Buy Back
12.1.1.1 Upon an employee's permanent separation of employment from the Employer due to
the employee's death, disability, or voluntary termination, any employee hired by the
Employer as a fully commissioned law enforcement officer may elect to cash out up
to four hundred (400) hours of accrued but unused sick leave. Any such sick leave
cash out payments shall be made by the Employer directly to the respective
employee's medical health retirement/voluntary employees' beneficiary association
account ("HRA VEBA"), subject to applicable IRS and/or Affordable Care Act
limits. The remainder of the employee's accrued but unused sick leave, if any, shall
be forfeited without compensation. Employees who are involuntary terminated or
who resign in lieu of termination shall not be eligible for this benefit.
12.1.1.2Upon promotion or transfer to a City position not covered by this Agreement, the
employee may cash out up to four hundred (400) hours of accrued and unused sick
leave into the employee's HRA VEBA, provided the employee retains a balance of
at least four hundred (400) hours of sick leave.
12.2 Injuries shall be reported at the beginning of any period of injury leave to the Police Department and,
at the Chief s discretion, medical authorization to return to duty may be required.
AGREEMENT (SERGEANT EMPLOYEES) PAGE 13 OF 29
CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD
JANUARY 1, 2022 - DECEMBER 31, 2024
12.3 Sickness shall be reported at the beginning of any period of illness to the Police Department and a
medical provider's certificate may be required when sick leave is used over a period of more than
three (3) consecutive workdays.
12.4 Advance sick leave may be granted to employees who have two (2) or more years of continuous
service with the Employer after they have exhausted all of their accrued compensatory, vacation, and
sick leave.
12.5 Advance sick leave may be granted in cases of serious disabilities or ailments of the employee. Sick
leave credit advanced shall be limited to not more than ninety-six (96) hours and not less than forty
(40) hours. It shall be further limited to cases in which it is believed that the employee will return to
full duty for a period of time sufficient to liquidate the advance.
12.6 Requests for advance sick leave shall be submitted by the employee to the Department Director
concerned. The Department Director shall make a recommendation on the proposed request and
forward it to the City Council for approval or disapproval. It will be signed by the Mayor and
forwarded to Human Resources for filing in the employee's file and the employee will be notified of
the Council's decision by the Department Director.
12.7 Sick leave earned after return to duty must first be applied to liquidate the sick leave advanced prior
to being used as regular sick leave.
12.8 Any employee found to have abused the sick leave privilege by falsification or misrepresentation may
thereupon be subject to discipline, up to and including dismissal.
12.9 ON THE JOB INJURIES — An employee who suffers a work -related illness or injury must report that
illness or injury to their supervisor within twenty-four (24) hours unless the employee is prevented by
incapacity from doing so. If the illness or injury is one for which time -loss payments are provided
through the workers' compensation system, the employee will indicate, via their electronic timesheet,
to receive only such time -loss payment or to use paid leave in combination with workers'
compensation benefits as follows:
(1) An employee choosing to receive only such time -loss payment as provided by workers'
compensation will indicate "Leave without Pay" or alternative designation set up by payroll to
indicate their choice to collect only the workers' compensation time -loss.
(2) An employee choosing to take any type of available paid leave while receiving workers'
compensation benefits will receive the full value of such paid leave in addition to their time -loss
payments.
12.9.1 The employee's choice as to payment while receiving workers' compensation benefits does
not preclude the employee from the benefits associated with the Law Enforcement Officers
Disability Supplement as described in Article 12.11.
12.10 At the option of the employee, sickness in excess of the maximum number of hours accrued maybe
charged to unused compensatory or vacation leave.
12.11 WORKERS' COMPENSATION/LAW ENFORCEMENT OFFICER DISABILITY SUPPLEMENT
— The Employer will provide Workers' Compensation benefits administered by the Washington
Department of Labor and Industries (L&I) pursuant to the requirements of Title 51 RC W. Under the
terms required by RCW 41.04.500 et. seq., full-time, commissioned law enforcement officers who
AGREEMENT (SERGEANT EMPLOYEES) PAGE 14 OF 29
CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD
JANUARY 1, 2022 - DECEMBER 31, 2024
suffer an on-the-job injury or illness shall also receive a disability leave supplement to the extent the
respective employee qualifies for payments under RCW 51.32.090 due to a temporary total disability.
12.11.1 To the extent required by RCW 41.04.505, the disability leave supplement shall be an
amount which, when added to the amount payable under RCW 51.32.090, will result in the
employee receiving the same pay, based on the employee's regular rate of pay, that they
would have received for full-time active service during the period of temporary total
disability, taking into account that industrial insurance payments are not subject to federal
income or social security taxes.
12.11.2 Pursuant to RCW 41.04.510, the disability leave supplement shall be paid as follows:
(1) The disability leave supplement shall begin on the sixth (6`'') calendar day from the date
of the injury or illness which entitles the employee to benefits under RCW 51.32.090.
For purposes of this Section, the day of injury shall constitute the first calendar day.
(2) One-half ('/z) of the amount of the disability leave supplement (as defined by RCW
41.04.505) shall be charged against the accrued paid leave of the employee. In computing
such charge, the Employer shall convert accumulated days, or other time units as the case
may be, to a monetary equivalent based on the base monthly salary of the employee at
the time of the injury or illness. "Base monthly salary" for the purposes of this Section
means the amount earned by the employee before any voluntary or involuntary payroll
deductions, and not including overtime pay.
(3) One-half ('/z) of the amount of the disability leave supplement as defined in RCW
41.04.505 shall be paid by the Employer.
(4) Pursuant to RCW 41.04.510, if an employee has no accrued paid leave at the time of an
injury or illness which entitles the employee to benefits under RCW 51.32.090, or if
accrued paid leave is exhausted during the period of disability, the employee shall receive
only that portion of the disability leave supplement prescribed by Section 12.11.2(3)
above.
(5) In no event shall the employee receive more in combined benefits than they would have
received in base salary if they had not been disabled.
12.11.3 Pursuant to RCW 41.04.515, the disability leave supplement shall continue as long as the
employee is receiving benefits under RCW 51.32.090, up to a maximum of six (6) months
from the date of injury or illness.
12.12 WASHINGTON STATE FAMILY AND MEDICAL LEAVE PROGRAM — Employees are eligible
for paid family and medical leave consistent with RCW 50A.04.115, effective January 1, 2020. The
premium costs for the available leave will be collected by the City effective January 1, 2019 from
employees as follows: 45% of the medical leave portion and 100% of the family leave portion.
AGREEMENT (SERGEANT EMPLOYEES) PAGE 15 OF 29
CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD
JANUARY 1, 2022 - DECEMBER 31, 2024
ARTICLE 13 ................. BEREAVEMENT
13.1 Employees shall be allowed up to thirty (30) hours of paid bereavement leave for death in the
immediate family upon approval and authorization of the Chief of Police or designee. With
reasonable justification, an employee shall receive, subject to the approval of the Chief of Police or
designee, an additional twenty (20) hours of paid bereavement leave.
13.2 For purposes of paragraph 13.1 above, "immediate family" means the employee's spouse (or
Washington State registered domestic partner as defined by Chapter 26.60 RCW), their children
and/or stepchildren, and both the employee's and the spouse's/domestic partner's grandchild, sister,
brother, grandmother, grandfather, mother, father, mother-in-law, father-in-law, as well as any "step
or foster" relation and any other familial inhabitant of the employee's household. If an employee
would like to attend the funeral of an individual not listed in this section, upon approval and
authorization of the Chief of Police or designee, the employee may do so either by using accrued
compensatory or vacation leave, or if the employee has no compensatory or vacation leave available,
leave without pay. The timelines set forth in section 13.1, above, will apply to such leave. The
provisions of Section 14.3 requiring exhaustion of sick leave before leave without pay will not apply
to Article 13.
ARTICLE 14..............LEAVES OF ABSENCE
14.1 CIVIL LEAVE — Any necessary leave may be allowed by the Chief of Police or designee to permit
any employee to serve as a member of a jury. Each employee who is granted such leave and who, for
the performance of the jury duties involved received any compensation shall be paid by the Employer
for the time the employee is absent. The City does not require employees to remit payments for jury
duty service to the City, including for periods of paid leave.
14.2 MILITARY LEAVE — Paid military leave shall be provided in accordance with RCW 38.40.060.
14.3 VOLUNTARY LEAVE WITHOUT PAY — Leave without pay may be granted at the discretion of
the Chief of Police or designee. Such leave will be granted only after all sick leave, holiday leave,
compensatory leave, and vacation leave has been exhausted and under no circumstances in excess of
ninety (90) calendar days. Leave without pay shall not be granted for the purpose of the employee
accepting other temporary employment or to gain personal advantage or profit. During an authorized
leave without pay, the employee shall not receive any benefits. Nothing herein is intended to
supersede the employee's rights under applicable State or Federal Leave Law. This paragraph does
not apply to leaves of absence while an employee is on Washington Paid Family Medical Leave.
14.4 UNAUTHORIZED ABSENCE — Unauthorized absence from duty for three (3) consecutive working
days shall constitute grounds for dismissal at the discretion of the Chief of Police.
14.5 STATE LAWS APPLICABLE — Nothing contained in this Article shall be construed as an attempt
to modify in any way the laws of the State of Washington relating to Police Relief and Pension.
AGREEMENT (SERGEANT EMPLOYEES) PAGE 16 OF 29
CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD
JANUARY 1, 2022 - DECEMBER 31, 2024
ARTICLE 15 ..................HEALTH AND WELFARE
15.1 MEDICAL COVERAGE — Subject to the remaining terms of this Article 15, the Employer will
provide health insurance coverage through the Association of Washington Cities (AWC) Kaiser
Permanente $20 Copay/$200 Deductible Plan or LEOFF Trust Plan FX. The Employer reserves the
right to reopen negotiations to bargain over any change(s) to this Article 15 to the extent that any of
the insurance products agreed upon herein become unavailable or are impacted by the requirements
of the Affordable Care Act, or any changes thereto. In such event, the Employer shall have the right
to change the health and welfare insurance company and/or plan so long as the medical premium
impacts to the employee are cost neutral and the benefits in the new plan are substantially the same
as the benefits in the plan in effect at the time the plan change is to be implemented. The term "cost
neutral" is to be used in the context of employee monthly medical premiums. Employee medical
premium amounts are listed in Appendix B of this Agreement. "Cost neutral" means that the
employee medical premiums will not be increased above the fixed amounts that would have been
calculated under the previous plan's allocation in the event the City elects to change health and welfare
insurance plans or companies.
15.2 The Employer shall purchase Dental Plan "J" and Ortho Plan II through Association of Washington
Cities (AWC), for the employee, spouse and dependents if such coverage is available to the Guild
through AWC. In the event that such coverage is not available to the Guild, the parties agree to re-
open this Agreement for the singular purpose of bargaining the dental benefits to be provided under
this Article 15.
15.3 The Employer shall remit an amount per person per month (person means employee) equal to the $0
Copay Vision Service Plan named "VSP" for the employee, spouse and dependents if such coverage
is available to the Guild through AWC. In the event that such coverage is not available to the Guild,
the parties agree to re -open this Agreement for the singular purpose of bargaining the vision benefits
to be provided under this Article 15.
15.4 All employees must meet the eligibility threshold per the applicable plan and City policy. If the
employee does not meet the eligibility requirements, then they are not entitled to the benefits or
alternative compensation for the same. Eligibility is effective the first of the month following date of
hire, provided that the employee has been paid 40 hours or more in the preceding month.
15.5 Employees shall be responsible for paying a portion of the total monthly premium for the subject
medical plan by payroll deduction. See Appendix B.
15.6 The Employer shall provide a Sixty Thousand Dollar ($60,000) term life insurance policy on the
employee's life, the beneficiary to be chosen by the employee. The policy shall remain in full force
and effect so long as the employee is employed by the Employer. The Employer shall not cancel any
existing policies until the new policy is in place. To be eligible for this benefit, the employee must
meet the eligibility requirements of the subject life insurance policy. This currently includes a
requirement that the employee work at least 20 hours per week.
15.7 DEFERRED COMPENSATION CONTRIBUTION FOR NON -PARTICIPANTS — If a full-time
employee who is otherwise eligible to participate in the Employer's medical care coverage as
provided in this Article 15 elects to waive such coverage (and provided the related insurance
companies involved allow for such waiver), Employer shall contribute five hundred dollars ($500)
per month to the employee's Deferred Compensation account in lieu of such medical care coverage.
The contribution shall be made in accordance with the Employer's normal payroll processes, at the
AGREEMENT (SERGEANT EMPLOYEES) PAGE 17 OF 29
CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD
JANUARY 1, 2022 - DECEMBER 31, 2024
end of the last payroll period of the applicable month. Such contribution shall only be made for those
full months in which the employee's waiver is in effect; no prorated contribution for partial months
shall be made. Employees who waive the Employer's group medical care coverage may not be
eligible to return to such medical coverage until open enrollment periods as outlined by the insurance
carrier.
Employees waiving coverage are subject to verification for waiver eligibility as requested by the
Employer. In the event, in an open enrollment period, the number of potential waivers exceed the
available capacity, there will be a lottery for the available spots. Participants will not be unenrolled
from their medical plan until the City has verified that the employee is eligible to waive their
participation in the Employer's group medical care coverage.
15.8 HRA VEBA — The Employer shall establish, and enroll employees in, a HRA VEBA account and
deposit, on an annualized basis, four hundred eighty dollars ($480) in each employee's account to be
used for qualified medical expenses. The Employer's annual $480 contribution shall be divided into
equal installments throughout the year on either a monthly or bi-monthly basis. Each employee shall
contribute an annual matching amount of four hundred eighty dollars ($480) to be deducted from
employee paychecks on a pre-tax basis in equal monthly or bi-monthly installments. Effective the
first full pay period after ratification of this Agreement by both parties, the Employer's annualized
contribution shall be nine hundred and sixty dollars ($960) paid on a monthly or bi-monthly basis,
and the employee's $40 monthly required match shall terminate. The employee shall be responsible
for all fees charged by HRA VEBA for their respective account. HRA VEBA shall deduct these fees
directly from each employee's respective account.
ARTICLE 16.................. LAYOFFS
16.1 Layoffs shall be made in the following order: (1) temporary or provisional employees and then (2)
regular officers by inverse order of seniority. Seniority is defined as the employee's most recent date
of promotion into a position covered by this Agreement.
16.2 Employees shall be provided not less than four (4) weeks written notice of layoff.
ARTICLE 17 ..................UNIFORM ALLOWANCES
17.1 Uniform Allowance for Police:
17.1.1 The Employer will replace all items of uniform as deemed necessary by the Police Chief or
designee. Work boots will be replaced or repaired, through the same supply system
applicable to uniforms, when the Police Chief or designee, in their sole discretion, determines
the boots are unserviceable, up to a maximum of $175 per pair. Employees must submit to
the Employer's decisions.
17.1.2 The entire cost of uniform items and duty gear, including one pair of boots, will be provided
by the City to a newly hired police officer upon appointment. Replacement of these items
shall only be as designated by the Chief of Police or designee.
17.1.3 All clothing and equipment so furnished shall remain Employer property.
AGREEMENT (SERGEANT EMPLOYEES) PAGE 18 OF 29
CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD
JANUARY 1, 2022 - DECEMBER 31, 2024
17.1.4 Uniform coat cleaning will be paid by Employer when authorized by the Chief of Police or
designee.
17.1.5 The Employer will provide level 3A ballistic vests and will replace such equipment within
thirty (30) calendar days prior to the manufacturer's expiration date. The City will also
provide, as a one-time benefit, hard body armor approved by the Chief of Police or designee,
up to a maximum cost of three hundred dollars ($300) per officer, upon their written request.
The Employer shall replace body armor damaged in the line of duty. Body armor damaged
due to negligence may be replaced at the Employee's expense.
17.2 The Employer shall pay up to $300 for the replacement or repair of prescription glasses/contacts
when such items are lost or damaged in the line of duty, provided such loss or damage is not the result
of employee negligence, less any amount covered by L&I.
17.2.1 The Employer shall pay for the fair market repair or replacement for a watch that is damaged
or destroyed in the line of duty, through no fault of the employee, up to a maximum of one
hundred dollars.
ARTICLE 18..................SAVINGS CLAUSE
18.1 All provisions herein are subject to existing law and should any provision of this Agreement be found
to be in violation of any federal, state or local law, all other provisions of this Agreement shall remain
in full force and effect for the duration of this Agreement. In the event a section is found to be in
violation, both sides shall meet to negotiate a new wording within thirty (30) days.
18.2 No Employer ordinance granting any employee a benefit shall be changed during the term of the
Agreement which would reduce the benefits to the employee for the duration of this Agreement,
unless agreed upon in writing by the parties.
ARTICLE 19 ..................NO STRIKE CLAUSE
19.1 Per RCW 41.56.120, public employees are not permitted the right to strike or refuse to perform their
assigned duties, and the Guild shall so counsel its members.
19.2 Any employee violating this Article shall be subject to immediate discharge or other disciplinary
action as determined appropriate.
ARTICLE 20 ..................DURATION AND NEGOTIATION NOTIFICATION
20.1 This Agreement shall be in full force and effect from January 1, 2022 through December 31, 2024.
Should either party to this Agreement wish to commence collective bargaining discussion over any
changes they wish to introduce into a subsequent agreement, it is agreed that notice of such party's
desires to open collective bargaining discussion should be sent to the other party not less than 150
days prior to the termination date of the Agreement, and all efforts will be made to complete
negotiations no later than thirty (30) days prior to the termination date. Both parties after such notice
has been given shall forthwith seek establishment of a meeting for the purpose of discussion and
negotiation on desired changes.
AGREEMENT (SERGEANT EMPLOYEES) PAGE 19 OF 29
CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD
JANUARY 1, 2022 - DECEMBER 31, 2024
ARTICLE 21 ..................POLICIES
21.1 Any Department Policies covering mandatory subjects of bargaining may not be changed without first
providing the Guild with written notice of the intended change and providing the Guild with a
reasonable opportunity to respond.
ARTICLE 22 ................. POLICE OFFICER INTERVIEW GUIDELINES AND RELATED MATTERS
22.1 The Employer retains the right to adopt rules for the operation of the Port Orchard Police Department
and the conduct of its employees provided that such rules do not conflict with City Ordinances,
applicable Civil Service rules, or this Agreement. Unless otherwise specifically noted herein, nothing
in this Article 22 shall be construed as limiting any of the Employer's management rights expressed
in this Agreement.
A. General Procedures
It is essential that public confidence be maintained in the ability of the Employer to investigate
and properly adjudicate complaints against its employees. Additionally, the Employer has the
right and the responsibility to seek out and discipline those whose inappropriate conduct impairs
the effective operation of the Employer. The rights of the employee, the Employer, as well as
those of the public, must be protected. In criminal investigations, an employee shall be afforded
those constitutional rights available to any citizen. In administrative investigations in which an
employee will be interviewed concerning an act which, if proven, could reasonably result in
disciplinary action involving a loss of pay against them, the employee will be afforded the
safeguards set forth in this Article 22 and the employee shall also be subject to the obligations set
forth in this Article.
2. Upon initiating an administrative investigation which could reasonably result in disciplinary
action against an employee involving a loss of pay, the Employer will notify the subject employee
in writing, unless such notification would endanger the investigation. To the extent possible, this
notice will include a description of the general nature of the complaint. Upon receipt of this
notice, the employee shall contact the Police Chief or Deputy Chief (or their designee) within five
(5) calendar days for the purpose of scheduling an interview. The interview shall be held within
ten (10) calendar days of the date of written notification unless the Employer determines it is
appropriate to conduct the interview at a later date. Nothing in this Section or this Article shall
preclude the Employer or its designee from investigating additional matters, allegations, and the
like which come to light during the investigation process; in that event, the Employer shall provide
the employee with written notice of the investigation of the additional matters or additional
allegations.
The employee being interviewed as the subject of the investigation shall be afforded, upon
request, the opportunity to consult with.a Guild representative and/or attorney for the Guild. Up
to two Guild representatives (including the Guild attorney) may be present at the interview of the
subject employee. The interview may not be unduly delayed awaiting an unavailable Guild
representative or Guild attorney. The subject employee will be informed in writing not less than
forty-eight (48) hours prior to conducting the interview that the employee is the subject of an
inquiry that may lead to disciplinary action that involves a potential loss of pay. This notice shall
describe the general nature of the investigation and a summary of the factual allegation(s)
sufficient to generally apprise the employee of the nature of the charge(s).
AGREEMENT (SERGEANT EMPLOYEES) PAGE 20 OF 29
CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD
JANUARY 1, 2022 - DECEMBER 31, 2024
4. The employee under such investigation shall be informed of the name of the person in charge of
the investigation and the persons to be present during the questioning of the employee during the
interview. The employee shall be informed of the agency or investigative section that the
investigator represents.
5. When possible, the interview of the subject employee shall be conducted at a reasonable hour,
preferably when the employee is on -duty or during the normal waking hours for the employees,
unless the seriousness of the investigation requires otherwise. If the interview occurs during off -
duty time of the subject employee, the employee shall be compensated for such off -duty time in
accordance with Employer's regular procedures.
The interview of the subject employee shall take place at a location designated by the
investigating officer, preferably at the Police Department unless another location is determined
appropriate by the investigating officer.
7. The interview shall be for a reasonable period, taking into consideration the gravity and
complexity of the issue(s) being investigated. Persons questioned shall be allowed to attend to
their own personal physical necessities whenever reasonably possible.
8. The employee will be required to answer any questions involving non -criminal matters under
investigation and will be afforded all rights to which the employee is entitled under this
Agreement and Employer's rules and regulations. Prior to any interview where the employee is
the subject of an administrative investigation, the employee shall be advised of the substance of
the following:
You are about to be questioned as part of an administrative investigation conducted by the City
of Port Orchard Police Department or its designee. You are hereby ordered to answer the
questions that are put to you that relate to your conduct and/or job performance, and to cooperate
with this investigation. You are required to answer questions relating to the performance of your
official duties or fitness for duties. Your failure to cooperate with this investigation can be the
subject of disciplinary action in and of itself, including dismissal. The statements you make or
evidence gained as a result of this required cooperation may be used for administrative purposes
but will not be used or introduced into evidence in a criminal proceeding.
9. Employees shall not be subjected to objectively offensive language, nor shall investigators make
promises or threats as an inducement to answer questions. Investigators may, however, explain
the consequences to the subject employee for their refusal to answer questions and cooperate with
the investigation (i.e., that such conduct constitutes an independent basis for disciplinary action,
up to and including dismissal).
10. The Employer shall not require employees who are the subject of an investigation to be subjected
to visits by the press or news media; nor shall their home address be given to the press or news
media without the employee's consent (unless otherwise required by law).
11. Unless otherwise specified herein, nothing contained in any of the above guidelines shall restrict
and/or limit the authority of the Chief of Police in the performance of their duties and
responsibilities as the Chief of the Port Orchard Police Department.
AGREEMENT (SERGEANT EMPLOYEES) PAGE 21 OF 29
CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD
JANUARY 1, 2022 - DECEMBER 31, 2024
12. The complete interview of an employee may be recorded by the Employer or the employee, and/or
either party's representative. If a recording is made of the questioning, the party making the
recording shall provide a copy of the recording (or a transcript of the recording, if made) to the
other party upon request. By operation of this Agreement, all participants to the interview will
be deemed to have already consented to being recorded.
13. It is the Employer's goal that all interviews and investigations be completed without unreasonable
delay. After ninety (90) days have elapsed from the time the subject employee receives written
notification that the employee is the subject of an administrative investigation, the employee or
the employee's Guild representatives may contact the Chief of Police (or designee) and inquire
when the Employer anticipates completing the subject investigation. The Employer shall timely
respond to any such request and provide reasonable detail as to the status of the investigation and
the reason for the delay.
14. Upon completion of the administrative investigation and the Employer's review of the case, the
employee under investigation shall be informed of the results of the investigation i.e., whether the
complaint determined unfounded, exonerated, not sustained, sustained, or other misconduct
found.
15. Nothing in this Agreement shall preclude the Chief of Police or designee from ordering an
employee member to cooperate with other agencies involved in criminal investigations. If a
member fails to comply with such an order, the member shall be subject to disciplinary action, up
to and including termination. This Section shall not be construed as requiring any employee to
forgo their Constitutional right against self-incrimination.
B. When the Investigation Results in Departmental Charges Being Filed
After the investigation is completed and the findings are that the complaint has been sustained or other
misconduct found, the employee will be furnished with a copy of the completed investigation report.
The employee shall be advised of the investigation's findings and any future action to be taken on the
incident.
C. Use of Lethal Force
When an employee, whether on or off -duty, uses lethal force, the employee shall not be required to
make a written or recorded statement for seventy-two (72) hours after the incident except that
immediately following the incident the employee shall verbally report to a superior a brief summary
of the incident and any information necessary to secure evidence, control the scene, identify witnesses,
apprehend suspects, or similar information necessary to preserve the safety of the public and fellow
officers. Employees involved in the use of lethal force shall be allowed an opportunity to consult
with a Guild representative or attorney prior to being required to provide a statement regarding that
use of lethal force. The affected employee may waive the requirement to wait seventy-two (72) hours,
or the employee or the Guild may request, to the Chief, a reasonable extension of the waiting period
(which shall be subject to the Chief s discretion).
D. Personnel Records
1. Employee personnel files are the property of the Employer. An employee's official personnel
files shall be considered the official record of the employee's service. Employees shall be
provided a copy of all material in their official personnel file upon request. The Employer shall
AGREEMENT (SERGEANT EMPLOYEES) PAGE 22 OF 29
CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD
JANUARY 1, 2022 - DECEMBER 31, 2024
give the employee a copy of discipline -related documents or evaluations that will be placed into
their official personnel file. The employee shall have the right to attach statements in rebuttal or
explanation to those documents. Written Reprimands will not serve as the basis for progressive
discipline three (3) years after issuance of the discipline, unless the employee has subsequently
been disciplined for similar misconduct demonstrating a pattern of behavior.
2. Employee personnel files will be maintained as confidential records to the extent required by
applicable law. Access to the employee's personnel file will be limited to the employee, the
employee's representatives upon written authorization from the employee (and presentation of
proper identification), officials of the City and their designees (including the Employer's
attorneys), and other persons, agencies, and entities as may be required or allowed under
applicable law. It is understood that certain members of the Employer's staff will have access to
employee personnel files and may need to review or update personnel files while conducting
Employer business.
3. The Employer shall disclose information in personnel files to third parties in accordance with
applicable law. Prior to disclosing personnel file documents (other than employment verification
information) in response to a request under the Public Records Act, the Employer will give the
affected employee and Guild notification of the request in accordance with RCW 42.56.250(12).
4. Nothing in this Agreement shall be construed as requiring the Employer to obtain the employee's
consent to use their personnel files in any disciplinary proceeding or other litigation of any type
involving the employee.
No secret personnel file will be kept on any employee. This does not preclude, however, a
supervisor from maintaining notes on an employee's job performance or a supervisory working
file. For purposes of this Section, a "supervisory working file" may consist of material relevant
to the preparation of the employee's performance evaluation and/or documentation of counseling
sessions, commendations, training records, or other records/information related to an employee's
performance. Material in the supervisory working file shall only include documents relevant to
the completion of an employee's current performance evaluation. Upon completion of the
evaluation, all material in the supervisory working file shall be returned to the employee or
destroyed, unless otherwise required by law.
6. Nothing herein shall be construed as limiting any rights the Guild has under applicable law to
access to records.
E. Discipline
1. Prior to making a final determination of disciplinary action involving a loss of pay, the Employer
shall notify the employee in writing of the contemplated discipline and, upon request, provide the
employee with a copy of the completed investigative report if applicable.
2. The employee shall then have a minimum of three (3) working days to review the case.
3. A Loudermill meeting shall be conducted subsequent to the three (3) working day review period
set forth above, unless the subject employee declines to participate in such a meeting. The
employee will be afforded the opportunity to present any mitigating evidence the employee deems
pertinent; the employee may submit the information orally or in writing. The meeting may be
recorded by either party. By operation of this Agreement, all participants to the meeting will be
AGREEMENT (SERGEANT EMPLOYEES) PAGE 23 OF 29
CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD
JANUARY 1, 2022 - DECEMBER 31, 2024
deemed to have already consented to being recorded. If a recording is made of the meeting, the
party making the recording shall provide a copy of the recording (or a transcript of the recording,
if made) to the other party upon request. The employee may be represented at the meeting by the
employee's Guild representative(s), the total not to exceed two (2) people (including a Guild
attorney, if any) for the employee.
4. Following a consideration of any additional information provided by the subject employee, the
Employer shall make a final determination. The Employer shall notify the employee in writing
of its final determination.
Medical Examinations
1. The Employer retains the right to require employees to submit to medical or psychological
examinations when the Employer has objective evidence that could cause a reasonable person to
inquire as to whether an employee is still capable of performing their job or poses a direct threat.
Specifically, the Employer must have a genuine reason to doubt whether an employee can perfonn
job -related functions. Any relevant medical history of the employee which the examining
professional conducting a psychological evaluation requests shall be released by the employee
only to the examining professional.
2. The examining professional shall issue a written report to the Employer, as the client, provided
however, the employee shall have the right to request a meeting with the examining professional
to discuss the evaluation results and provided further that such report shall indicate only whether
the employee is fit or unfit for duty and in the event an employee is unfit the expected prognosis
and recovery period as well as any accommodations which could be made to allow an employee
to return to duty.
3. If the employee believes that the conclusions of the examining professional are in error, the
employee may obtain an additional examination at their own expense and the Employer will make
reasonable efforts to provide the examining professional with documents which were utilized by
the Employer's examining professional.
4. The Employer will undertake reasonable efforts to have the Employer's examining professional
make themself available to answer appropriate questions by the examining professional who
conducts the independent examination.
5. Should an employee grieve a disciplinary or discharge action taken as a result of an examination,
the Employer and employee shall allow release of the examination and supporting documents
upon which it relies for the action, and all other prior examinations of the employee for the sole
purpose of administering the grievance.
G. Brady Designation
1. A punitive action, or denial of promotion on grounds other than merit, shall not be undertaken by
the City against any officer solely because that officer's name has been placed on a Brady list, or
that the officer's name may otherwise be subject to disclosure pursuant to Brady.
2. The provisions of this subsection shall not prohibit the City from taking punitive action, denying
a promotion on grounds other than merit, or taking other personnel action against an officer based
on the underlying acts or omissions for which that officer's name was placed on a Brady list, or
AGREEMENT (SERGEANT EMPLOYEES) PAGE 24 OF 29
CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD
JANUARY 1, 2022 - DECEMBER 31, 2024
may otherwise be subject to disclosure pursuant to Brady, if the actions taken by the City
otherwise conform to this agreement.
3. Evidence that an officer's name has been placed on a Brady list, or may otherwise be subject to
disclosure pursuant to Brady, shall not be introduced for any purpose in any administrative appeal
of a punitive action, except as provided in this subsection.
Evidence that an officer's name was placed on a Brady list may only be introduced if, during the
administrative appeal of a punitive action against an officer, the underlying act or omission for
which that officer's name was placed on a Brady list is proven and the officer is found to be
subject to some form of punitive action. If the arbitrator or other administrative appeal tribunal
finds or determines that an officer has committed the underlying acts or omissions that will result
in a punitive action, denial of a promotion on grounds other than merit, or any other adverse
personnel action, and evidence exists that an officer's name has been placed on a Brady list, or
may otherwise be subject to disclosure pursuant to Brady, then the evidence shall be introduced
for the sole purpose of determining the type or level of punitive action to be imposed.
5. For purposes of these subsections, "Brady list" means any system, index, list, or other record
containing the names of officers whose personnel files are likely to contain evidence of dishonesty
or bias, which is maintained by a prosecutorial agency or office in accordance with the holding
in Brady.
ARTICLE 23 .................. GUILD ACTIVITIES
23.1 No more than two (2) Guild officers/members may attend proceedings or meetings relating to Guild
business during their regular working hours. In all instances, before leaving the work area or
otherwise devoting on -duty time to the performance of Guild business, the Guild officers/members
shall notify their supervisor, obtain approval, and then notify their supervisor when they return to
duty.
ARTICLE 24.................. MISCELLANEOUS
24.1 INSURANCE SURCHARGE — When it is determined by the Safety Committee of the Employer
that an employee charged with driving Employer vehicles has a poor driving record which causes a
surcharge to be made on the Employees insurance policy, the Employer will not assume
responsibility for this extra surcharge. The employee may elect to pay the extra surcharge personally
or resign.
ARTICLE 25 ................. TEMPORARY EMPLOYMENT
25.1 The Chief of Police shall have the authority to hire a police officer(s) on a temporary basis with a
written agreement defining the length of employment. Termination of employment at the end of
the employment term shall not be subject to the grievance or progressive discipline processes.
25.2 All temporary positions shall be entitled to the same rights, responsibilities, Guild security, and
benefits as all full-time police officers, except as to seniority, which will not apply to the temporary
position, except as set forth in Section 25.5 below. There shall be a one year probationary period.
AGREEMENT (SERGEANT EMPLOYEES) PAGE 25 OF 29
CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD
JANUARY 1, 2022 - DECEMBER 31, 2024
25.3 If a temporary police officer position is occupied when a full-time police officer position becomes
available, the temporary police officer shall have the option of transferring to the full-time position.
There shall be no new probationary period if the temporary police officer transfers to a full-time
position except to the extent that if the transfer occurs within one year of the date of hire the officer
must complete the initial one year probationary period.
25.4 If there is more than one temporary position occupied when a full-time police officer position
becomes available, the temporary police officer who has held the position the longest shall first
have the option of transferring to the full-time position.
25.5 If a temporary police officer becomes a full-time police officer, without a break in service, then
their date of hire for purposes of benefit accrual shall be the date they started as a temporary police
officer and their seniority date shall be the date the employee becomes a full-time police officer.
25.6 If an officer is placed on special assignment with another agency or department and fails to return to
duty with the Employer for at least one year after the special assignment has ended, then the officer
shall reimburse the Employer $5,000 for the Employer's expenses associated with meeting
supplemental staffing needs through temporary employees.
ARTICLE 26 ................ TRAINING AND EDUCATION
26.1 Officers shall be eligible to receive the educational incentive pay of 2% of base pay per hour. The
officer must:
(1) Have an associate degree from an accredited college or university in an eligible course of study;
or
To receive the educational incentive pay of 3% of base pay per hour (4% effective the first full pay
period after ratification of this Agreement by both parties), the officer must:
(2) Have a bachelor's degree from an accredited college or university in an eligible course of study.
The officer must provide an official transcript and diploma.
The Mayor or designee will confirm/verify that the officer's request for educational incentive pay
meets the requirements of this Article 26.
IN WITNESS WHEREOF, the parties hereto have set their hands on this J�day of — �,�me- ,
2022.
CITY OF PORT ORCHARD
Robert Putaansuu, Mayor
PORT ORCHARD POLICE GUILD
Andr6w Brandon, President
AGREEMENT (SERGEANT EMPLOYEES) PAGE 26 OF 29
CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD
JANUARY 1, 2022 - DECEMBER 31, 2024
ATTEST:
randy Wallac , MMC, City Clerk
AGREEMENT (SERGEANT EMPLOYEES) PAGE 27 OF 29
CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD
JANUARY 1, 2022 - DECEMBER 31, 2024
APPENDIX A
Rates of pay will be as follows:
For each year of the Agreement, the new pay rates will go into effect on the first full pay period on or after
January 1 of the pay rate year, or the first full pay period after this Agreement is ratified by both parties,
whichever occurs later.
Rates of pay for 2022 shall reflect an increase of five and one-half percent (5.5%) effective the first full pay
period on or after January 1, 2022 or the first full pay period after this Agreement is ratified by both parties,
whichever occurs later.
In addition, in the first available pay period after this Agreement is ratified by both parties, all members of the
bargaining unit who worked in 2022 prior to the ratification of this Agreement will be eligible for a lump sum
of $2,500.00, subject to payroll withholdings. Members of the bargaining unit eligible for the lump sum who
retired prior to ratification of the Agreement will receive the full amount. Members of the bargaining unit
eligible for the lump sum who resigned or separated from service for reasons other than retirement will receive
a pro-rata amount of the lump sum based upon their length of service in 2022.
POLICE SERGEANT
2022
2023
2024
After 36 mos./DOH
53.95
57.19
59.48
After 24 mos./DOH/promotion
52.22
55.35
57.56
After 12 mos./DOH/ promotion
50.47
53.50
55.64
Date of Hire/Promotion
48.73
51.65
53.72
* Rates of pay for 2023 shall reflect an increase of six percent (6%) effective the first full pay period on or
after January 1, 2023.
* Rates of pay for 2024 shall reflect an increase of four percent (4%) effective the first pay period on or after
January 1, 2024.
*This Agreement is conditioned on acceptance of the city's Body Camera Policy and implementation of body
cameras.
AGREEMENT (SERGEANT EMPLOYEES) PAGE 28 OF 29
CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD
JANUARY 1, 2022 - DECEMBER 31, 2024
APPENDIX B
Employee Medical Insurance Premiums for LEOFF TRUST Plan and Kaiser Permanente
Employees shall be responsible for paying a portion of the total monthly premium for the subject medical plan
by payroll deduction. The employees' share of the monthly premium shall be based on a numeric percentage
of the total cost of the monthly premium for the subject plan (including the cost to insure dependents, if
applicable). Half of the employee's portion shall be deducted from each paycheck in the month when possible.
In months with three (3) paychecks, the deductions will be taken from the second and third checks in the
month.
The monthly dollar amount employees are required to pay for each of the subject medical plans will be
calculated using the employee premium percentage (as represented by the table) multiplied by the medical
prem i um per year:
2022-2024
LEOFF Trust Plan FX
Employee Premium Percentage
Employee On
5.92%
Em /S ouse
6.11 %
Employee Spouse/1 Dependent
6.08%
Employee Spouse/2 or more Dependents
6.12%
Employee and 1 Dependent
8.35%
Employee and 2 or more Dependents
8.03%
2022-2024
Kaiser Permanente 200
Employee Premium Percentage
Employee Only
4.60%
Em /S ouse
5.11 %
Employee Spouse/1 Dependent
5.66%
Employee Spouse/2 or more Dependents
5.80%
Employee and 1 Dependent
6.76%
Employee and 2 or more Dependents
7.04%
AGREEMENT (SERGEANT EMPLOYEES) PAGE 29 OF 29
CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD
JANUARY 1, 2022 - DECEMBER 31, 2024