060-24 - Matthew H. Brown - ContractDocusign Envelope ID: 125ECF59-7ED6-4976-940E-0127CA0416E2
CHIEF OF POLICE EMPLOYMENT AGREEMENT
Between
CITY OF PORT ORCHARD
And
MATTHEW H. BROWN
Contract No. 060-24
1. Date and Parties. This Employment Agreement (hereinafter "Agreement"), for reference
purposes, shall be deemed agreed upon, made, and entered into by and between the CITY OF PORT
ORCHARD, Washington, a municipal corporation (hereafter the "City"), and Matthew H. Brown
(hereafter "Brown").
2. Agreement Term.
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, lawful,
and permissible duties as the City shall from time to time designate. The term of this Agreement
shall be from July 28, 2024, through July 31, 2027. Subject to the termination rights set out in
Section 16, this Agreement shall be automatically renewed for a maximum of two (2) single one-
year terms beginning August 1, 2027, unless at least three (3) months prior to each annual renewal
date, the City advises Brown in writing of its intent not to renew this Agreement.
B. The parties agree that Brown shall be a FLSA exempt employee as defined by law
who is not eligible for overtime compensation under either Washington State, federal, or local law.
C. Brown's employment shall continue until he provides official written notice to the
City of his resignation or retirement, or until the City provides him official written notice of
termination of employment pursuant to Section 16 of this Agreement; provided, however, that
nothing contained herein shall prohibit Brown or the City from mutually agreeing to amend, in
writing, any term, provision or section of this Agreement, or to add or delete provisions of this
Agreement, at any time whatsoever. Official written notice may be satisfied by personal delivery
of a letter or via email with corresponding digital delivery and read receipts.
3. Effective Date/First Day of Employment. This Contract shall be effective upon the date
set forth in Section 2.A. and shall remain in full force and effect until terminated as provided in
Sections 2.A. and 2.C. above or Section 16 below of this Agreement.
4. Salary and Benefits.
A. The City agrees to pay Brown, for his services rendered pursuant hereto, according
to the adopted city Salary Schedule for Chief of Police, at the "Maximum" 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 all other
FLSA Exempt employees of the City. Brown shall receive the same cost -of -living adjustments (if
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any) received by other directors in the City.
B. Brown is eligible for all benefits afforded to other Department Directors of the City
unless this Agreement specifies differently, in which case the terms of this Agreement will prevail.
5. Performance Review. The City shall review and evaluate the performance of Brown on an
annual basis. Performance evaluations shall be conducted by the Mayor. Brown shall be provided
with a written copy of the evaluation within ten (10) calendar days of the evaluation date and shall
have the right to respond in writing within ninety (90) calendar days of service of the evaluation.
Brown's written response shall be attached and kept with the evaluation.
6. Hours of Work. Brown's schedule of work each day and week shall vary in accordance
with work required to be performed, including such time as may be necessary outside normal office
hours. To that end, Brown shall be allowed administrative leave as he shall deem appropriate during
said normal office hours, subject to approval by the Mayor.
7. Entitlement to Benefits and Indemnification. Notwithstanding the existence of Chapter
2.36 of the Port Orchard Municipal Code providing liability protection to City employees, the City
agrees to indemnify and hold Brown and his marital community harmless from any claims,
demands, suits, judgments and personal liability of any kind or nature, which claims, demands,
suits, judgments and personal, professional, and community liability arise out of the scope and
course of his employment with the City. This indemnification and hold harmless shall continue
after Brown's cession of employment but only insofar as it relates back to claims, demands, suits,
judgment, and personal, professional, and community liability arising out of the scope of his
employment. Provided, this indemnity shall not extend to actions for which severance pay can be
denied under the provisions of Section 16.A. of this Agreement. In the event that the parties cannot
agree whether the claim, demand, suit, judgment, or liability arises out of the employee's scope of
employment, then this issue shall be submitted to final and binding arbitration. If the parties cannot
agree upon an arbitrator, then they shall submit the matter to the Washington Arbitration and
Mediation Service ("WAMS") and WAMS shall select the arbitrator and conduct the arbitration.
The venue of the arbitration shall be Pierce County, Washington. Each party shall pay one-half the
cost of the arbitration (including any filing fees charged by the arbitrator) and each party shall be
solely responsible for their legal fees. Questions of the arbitrability or the scope of the parties'
agreement to arbitrate shall be determined by the arbitrator. Washington law shall govern any
dispute submitted to arbitration under this Agreement without regard to conflict of laws principles.
8. Uniforms and Equipment. Brown shall be furnished with the same uniforms and
equipment provided other commissioned officers of the department pursuant to the terms of their
collective bargaining agreement and shall be provided replacement uniforms as necessary deemed
by Brown. Additionally, Brown shall be entitled to all safety equipment, including department
issued firearms. The City shall furnish Brown with an automobile in a good and safe condition for
his use while on duty, including travel to and from his place of residence. This automobile shall be
equipped and of such a nature for Brown to perform his duties as Chief of Police. Use of the
automobile to travel to and from Brown's place of residence shall be allowed only if Brown's
residence is located within the City of Port Orchard or within twenty-five (25) miles of the Port
Orchard city limits.
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9. 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.
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.
10. Holidays. 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.
11. 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).
12. LEOFF Retirement System. Brown shall be enrolled in the Law Enforcement Officers'
and Fire Fighters' Retirement System of Washington ("LEOFF"). The City shall make all employer
contributions for Brown's participation in said retirement system, and Brown shall be responsible
for paying all employee contributions for Brown's participation in said retirement system.
13. Bonding. Any professional bonding costs required of Brown shall be the responsibility of
the City.
14. Professional Development. The City shall budget and pay for the professional dues,
subscriptions, and training for Brown's continuation and full participation in regional, state and
national associations and organizations that are mutually agreed upon by Brown and the Mayor and
are customary and desirable for his continued professional participation, growth and advancement
to better serve the interests of the City. Such costs shall include travel, lodging and meal expenses.
15. Civic Involvement. The City recognizes the desirability of representation in and before
local and regional civic and other organizations, and Brown is authorized to become a member of
such civic clubs or organizations he deems necessary or desirable in order to maintain awareness
of community attitudes and ideas. The City agrees to pay Brown eight hundred dollars ($800.00)
per year for his participation in such clubs and organizations. This amount is payable to Brown on
the first paycheck in December provided that Brown provides proof of his participation, to the
satisfaction of the Mayor, in at least one civic organization for activities from January 1 to
November 30 of that calendar year. In the event that Brown separates from employment for any
reason other than "just cause", this annual payment will be pro -rated based upon the number of
months of employment (using 12 months for this purpose) and payable to Brown in his final
paycheck.
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16. Termination and Severance Pay.
A. Brown's employment is terminable at the will of the Mayor. "At -will" employment
means either the Mayor or Brown may terminate Brown's employment relationship with the City
at any time, for any reason, or for no reason. In the event Brown's employment is terminated by
the Mayor as herein provided at a time when Brown is willing and able to perform the duties of
Chief of Police, then, in that event, the City agrees to pay Brown compensation as set forth in this
Section 16. Provided, however, the other provisions of Section 16 and the remainder of this
Agreement notwithstanding, in the event Brown's employment is terminated for "just cause," then
the City shall have no obligation to pay the severance compensation designated in this Section 16.
For purposes of this Agreement, the term "just cause" shall mean: (i) an intentional act of fraud,
embezzlement, theft or any other material violation of law that occurs during or in the course of
employment with the City; (ii) intentional damage to City assets; (iii) breach of any obligation
under this Agreement; (iv) the willful and continued failure to substantially perform the duties of
Chief of Police for the City (other than as a result of incapacity due to physical or mental illness);
or (v) willful conduct that is demonstrably and materially injurious to the City, monetarily or
otherwise. For purposes of this paragraph, an act, or a failure to act, shall not be deemed willful or
intentional, as those terms are defined herein, unless it is done, or omitted to be done, in bad faith
or without a reasonable belief that the action or omission was in the best interest of the City. Failure
to meet performance standards or objectives, by itself, does not constitute "just cause". "Just cause"
includes any of the above grounds for dismissal regardless of whether the City learns of it before
or after terminating employment. Severance compensation (when applicable) shall be paid in one
(1) lump sum payment (subject to lawful withholdings) with the next regular payroll following the
pay period when the termination occurred.
B. The severance compensation (if applicable) shall be as follows:
1. A lump sum cash payment equal to ninety (90) calendar days aggregate gross
salary. Brown's aggregate gross salary is his base salary on his employment termination date,
including any other incentive pays to which he is entitled.
2. The City shall continue to pay a portion of the cost of medical, dental, vision,
and life insurance coverage, as was currently in effect at the time of employment separation, for
Brown and his eligible family members on the medical, dental, vision, and life insurance plans
offered by the City and in which Brown and his family members were enrolled on the date he was
terminated. The City shall pay Brown a sum equal to the premium payments for three (3) months.
3. A lump sum cash payment for all of his accrued and unused vacation time,
up to the cashout limits applicable to all other Directors established by City policy.
C. In consideration of Brown's full receipt of the severance compensation described in
subsection B, above, Brown may, at his full discretion, agree to execute, in a form satisfactory to
the City Attorney, a release of all claims against the City, its elected and appointed officers,
employees or agents, for any and all claims (known and unknown) arising out of Brown's
employment with the City, and/or Brown's termination of employment by the City. If Brown elects
to forego such a form, his failure to execute a release of claims shall not be a breach of this
Agreement, nor shall it be grounds to withhold any severance compensation to which Brown is
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entitled to according to Section 16.13 above.
D. In the event Brown voluntarily resigns or retires from his position with the City,
Brown shall give the City sixty (60) days' written notice. Any such voluntary resignation or
retirement by Brown shall not require the payment of severance pay to Brown pursuant to the
provisions of this Agreement, but Brown shall receive all other benefits to which he would
otherwise be entitled to. Notwithstanding the foregoing notice requirement, upon receiving Brown's
notice of intent to voluntarily resign or retire, the Mayor may release Brown prior to the expiration
of said sixty (60) day notice period upon the mutual written agreement of the parties.
E. Brown's employment pursuant to this Agreement shall terminate automatically on
the date of his death or disability. No compensation shall be payable after Brown's death or
disability, except as provided in this Section, other than base salary and employee benefits accrued
through the date of his death or disability, whichever is applicable, including any benefits payable
in the event of Brown's death or disability, whichever is applicable. Brown's estate shall not be
entitled to any other compensation under this Agreement. For purposes of this Agreement, Brown
shall be deemed to be disabled if for a period of at least one hundred and twenty (120) consecutive
days he is completely unable to perform the essential functions of his position as Chief of Police
for the City, as medically determined by an independent physician, with or without a reasonable
accommodation. If the parties are unable to agree whether Brown is disabled within the meaning
of this Section, this issue shall be submitted to and settled by the binding arbitration process set
forth in Section 7 of this Agreement. For purposes of this Agreement, if Brown's employment
terminates by reason of his disability, his employment separation date shall be deemed to be the
last day of the 120-day period set forth above.
17. Entire Agreement. This Agreement constitutes the entire understanding and agreement
between the parties as to the subject matter herein and no other agreements or understandings,
written, verbal, or otherwise, shall be binding upon the parties upon execution of this Agreement.
The terms of this Agreement supersede all prior agreements between the parties.
18. Severability. If any provision of this Agreement shall be held lawfully invalid, the
remainder shall nevertheless be deemed valid and binding. Any provision held invalid may be
reformed by a court of competent jurisdiction or an arbitrator (as applicable) to reflect the parties'
original intent expressed in this Agreement as closely as possible. It is the intention of the parties
hereto that each provision hereof is agreed to separately in the event one or more of such provisions
shall be held invalid. This Agreement shall be binding upon and inure to the benefit of the heirs at
law and executors of Brown.
19. Amendments. No amendments or modifications relating to the subject matter of this
Agreement shall be binding and enforceable unless in writing and signed by the affected parties
hereto.
20. Best Efforts. Brown agrees and covenants to devote his best and full-time efforts to his
employment with the City under the terms of this Agreement.
21. Opportunity for Independent Review by an Attorney. The parties each represent that:
(a) they have had a reasonable time to consider this Agreement prior to executing it; (b) they have
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had the opportunity to have this Agreement reviewed by their attorney; (c) they fully understand
the significance and consequences of this Agreement; (d) they have carefully read this Agreement
and may have consulted with their respective attorney concerning its contents and legal
consequences to the extent they deem necessary and have requested any change in language
necessary or desirable to affect their respective intent and expectations so that the rule of
construction of contracts construing ambiguities against the drafting party shall be inapplicable;
and (e) they have freely and voluntarily signed this Agreement after full reflection and analysis.
CITY OF PORT ORCHARD:
Signed by:
Robert Putaansuu, Mayor
ATTEST:
DocuSigned by:
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46A5A54BBD004111
Brandy Wallace, MMC, City Clerk
EMPLOYEE:
Sid by:
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Signed ,
Matthew H. Brown
APPROVED AS TO FORM:
Sig by -
Charlotte
203701F25520457...
Charlotte Archer, City Attorney
Docusign Envelope ID: 125ECF59-7ED6-4976-940E-0127CA0416E2
Exhibit "A"
.JOB DESCRIPTION
Job Title
Police Chief
FLSA
Exempt
Department
Police
Civil Service
N/A
Reports To
Mayor
Union
N/A
Revisions
10/2016, 8/2019; 12/2022
Work hours
Full-time
Major Function and Purpose
The primary function of the Police Chief 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 Police Chief also
undertakes projects and accepts additional responsibilities as directed by the
Mayor.
Supervision Responsibilities
The Police Chief 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 Duties and Responsibilities
This job description reflects general details as necessary to describe the principal
functions of this job, the level of knowledge and skill required, and the scope of
responsibility, but should not be considered an all-inclusive listing of work
requirements. These listed duties and responsibilities in no way imply these are the
only duties to be performed. Individuals may perform other duties as assigned,
including, but not limited to: working in other function areas to cover absences or
provide relief, to equalize peak work periods, or to otherwise balance the workload.
Accordingly, individuals occupying this position will be required to follow any job -
related instructions, tasks, or other duties as assigned by the Mayor or designee, and
must be able to proficiently perform all assigned duties.
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• Plan, direct, and evaluate the ongoing operations of the department.
• Develop annual budget proposal and control budgeted expenses.
• Serve as the Director of Emergency Services for the City.
• Prepare and review operational and administrative reports.
• Develop short- and long-term strategic plans for the department.
• Plan and implement department programs, ensuring that all equipment
necessary to the successful functioning of such programs is available to
appropriate personnel.
• Develop and implement department policies and procedures, revising and
amending as necessary.
• Select, place, promote, train, and discipline department personnel.
• Perform periodic performance appraisals of subordinate personnel.
• Promote safety education in schools.
• Monitor criminal investigations.
• Observe established policies regarding the legal rights of the accused.
• Operate a motor vehicle in all environmental conditions and, on occasion,
at high speeds and in congested traffic situations.
• Perform the full range of duties of a fully commissioned police officer.
• Respond to critical incidents and emergency calls for service.
• Supervise maintenance of records regarding arrests, investigations, and other
police matters.
• Resolve complaints and direct the investigation of incidents of alleged
employee misconduct; take appropriate disciplinary action.
• Attend City Council meetings and other evening meetings as required.
• Serve as a member of the executive leadership team.
• Serve as a resource to the City's collective bargaining teams to advise on
labor relations activities and operational impacts to draft proposals; may
serve on the City's negotiation team.
• Confer with the Mayor and the City Council to assess the need for new
equipment and personnel.
• Represent the Mayor before various agencies, boards, commissions, and
community groups as requested.
• Attend various public functions and speaking on behalf of the Police
Department (e.g., City Council meetings, legal actions involving the
department).
• Reliable and regular attendance is required.
• Other duties as assigned.
Knowledge, Skills and Abilities
Knowledge of personnel management; technical and administrative aspects of
crime prevention and community policing; federal, state, and local laws and
ordinances pertaining to law enforcement functions; various fiscal duties such as
budgeting, purchasing, and accounting; advanced police administration;
management; and demonstrated law enforcement and supervisory competence,
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including leadership and communication skills, community relations, and personnel
development.
Ability to interact effectively with the public using tact and diplomacy; proficiently
use firearms and related police equipment and tools; make split-second decisions
to ensure the well-being of the public, the department, and subordinate personnel;
maintain strict confidentiality; continuously pursue education in changing law
enforcement procedures; and display personal integrity and ethics beyond
reproach.
Contacts and Relationships
The Police Chief has contact with numerous state, county and municipal
government officials, members of other police departments, and 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.
Working Conditions
Work is performed both indoors and outdoors. While the position of Police Chief 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 Police Chief may encounter hazards arising from contact with violent
individuals. In addition, in the course of performing duties, the Police Chief may be
exposed to biohazardous materials (e.g., bloodborne pathogens) or hazardous
materials released at an emergency scene (e.g., chemical spills, gasoline spills,
etc.). Continuous attention to safe working and operating procedures is required.
May from time to time be required to use a firearm and/or to utilize specialized
protective equipment (e.g., body armor) or generalized protective equipment
(e.g., rubber or plastic gloves).
Physical Requirements
The Police Chief 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. 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
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portable radio and telephone. Must have the ability to operate a motor vehicle,
two-way radio (including from field situations). Must have the ability to read,
understand and interpret ordinances, laws, and other operating procedures,
communicate orally and in writing, hear alarms, and audibly identify the presence
of a danger or hazard. Vision sufficient to perform all duties (corrective lenses may
be utilized) and the overall stamina and ability to perform moderate to strenuous
physical activity are also necessary.
Minimum Requirements
Bachelor's Degree from recognized college or university in criminal justice, public
administration, or related field; ten (10) or more years of increasingly responsible
experience in a qualified federal, state, or local law enforcement agency including
at least five (5) years supervisory and command experience are required. Valid
driver's license is required upon hire. Out of state candidates are required to obtain
a WA state driver's license in accordance with state law. Completion of
Washington State Basic Training Academy or equivalent and Washington State
Criminal Justice Training Commission Middle -Management Career -Level
Certification are required. Washington State Criminal Justice Training Commission
Executive -Management Career -Level Certification is required upon hire or within
two (2) years from date of appointment.
Any combination of experience and training that provides the desired skills,
knowledge and abilities may be considered.
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.
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