042-19 - Ordinance - Approved Agreed Modification in City's Collective Bargaining Agreements with the Police GuildORDINANCE NO. O42.L9
AN ORDINANCE OF THE C TY OF PORT ORCHARD, WASHINGTON,
APPROVING THE AGREED MODIF CATION OF A PROV SION CONTA NED
IN BOTH THE C TY'S COLLECT VE BARGA NING AGREEMENTS WITH THE
POTICE GU LD REPRESENTING PATROL OFF CERS AND THE POLICE GU LD
REPRESENTING SERGEANTS; PROV D NG FOR SEVERAB LITY AND
PUBLICATION; AND SETT NG AN EFFECTIVE DATE.
WHEREAS, during the negotiations for the 2OL9-2O2L collective bargaining
agreements with the Patrol Officer Employees and Sergeant Employees, the City and the Port
Orchard Police Guild agreed to remove language that defined "Educations and Warnings" as
discipline; and
WHEREAS, during the negotiations for the 2Ot9-2021 contract, the parties failed to
identify and modify an additional reference to "Educations and Warnings" in those collective
bargaining agreements; and
WHEREAS, the City and the Guild are in agreement that the additional provision in those
agreements referencing "Educations and Warnings" should be revised for clarity; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN
AS FOLLOWS:
SECT ION 1. The City Council hereby authorizes the Mayor to sign a Memorandum of
Understanding with the Police Guild representing the Patrol Officer Employees to modify the
language of Article 5.5 of the 2019 -202L collective bargaining agreement to reflect the language
as presented in the Memorandum of Understanding which is attached hereto as Exhibit A.
The City Council hereby authorizes the Mayor to sign a Memorandum of
Understanding with the Police Guild representing the Sergeant Employees to modify the
tanguage of Article 6.5 of the 2019 -2O2L collective bargaining agreement to reflect the language
as presented in the Memorandum of Understanding which is attached hereto as Exhibit B.
SECTION 3.Severa bilitv. lf an y section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invatidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
sEcfloN 4.Pub!
consisting of the title.
tion.This Ordinance shall be published by an approved summary
Ordinance No. O42-L9
Page 2 of 2
SECTION 5. Effective Date. This Ordinance shall take effect and be in fullforce and effect
five days after publication, as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this Sth day of October 2OL9.
Robert Putaansuu, Mayor
ATTEST:SPONSOR:
Brandy inearson, MMC, City CIerk n Clauson, Councilmember
APPROVED AS TO FORM:
n Cates, City Attorney
PU BLISH ED:
EFFECTIVE DATE:
October L8,2OL9
October 23,2OL9
Memorandum of Understanding
Amended to the AGREEMENT by and between
CITY OF PORT ORCHARD, WASHINGTON
and
PORT ORCFIARD POLICE GUILD
(Representing Patrol Officer Employees) dated
January 1,2019 through December 31,2021
THIS AMENDMENT is supplemental to the AGREEMENT by and between the CITY OF
PORT ORCFIARD, WASHINGTON (the "City") and the PORT ORCI{ARD POLICE
GUILD (the "Guild") (representing Patrol Officer Employees), dated January 1,2019 through
December 31 ,2021.
WHEREAS, during the negotiations for the current contract, the City and the Guild
agreed to remove language that referred to "Education and Warnings" as discipline; and
WHEREAS, during the negotiations for the current contract, an additional reference to
"Education and Warnings" was not identified and modified; and
WHEREAS, both parties are in agreement that the language should be revised for clarity;
NOW THEREFORE, the City and the Guild have entered into this Memorandum of
Understanding ("MOU") to revise Article 6.5 of the contract to read as follows:
6.5 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 decision. In regard to each case reaching
this step, 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 he/she 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 parties in interest and/or their
designated representatives and witnesses.
PORT ORCHARD POLICE GUILD CITY OF PORT ORCFIARD
6
N athan f,yne,h; 1r e s i de nt Robert Putaansuu, Mayor
I
Date
()
Date
o q
Memorandum of Understanding
Amended to the AGREEMENT by and between
CITY OF PORT ORCHARD, WASHINGTON
and
PORT ORCHARD POLICE GUILD
(Representing Sergeant Employees) dated
January 7, 2019 through December 31,2021
THIS AMENDMENT is supplemental to the AGREEMENT by and between the CITY OF
PORT ORCI{ARD, WASHINGTON (the "City") and the PORT ORCHARD POLICE
GUILD (the "Guild") (representing Sergeant Employees), dated January 1,2019 through
December 31 ,2021.
WHEREAS, during the negotiations for the current contract, the City and the Guild
agreed to remove language that referred to "Education and Warnings" as discipline; and
WHEREAS, during the negotiations for the current contract, an additional reference to
"Education and Warnings" was not identified and modified; and
WHEREAS, both parties are in agreement that the language should be revised for clarity;
NOW THEREFORE, the City and the Guild have entered into this Memorandum of
Understanding ("MOU") to revise Article 6.5 of the contract to read as follows:
6.5 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 thiny
(30) calendar days after receipt of the Mayor's decision. In regard to each case reaching
this step, 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 he/she 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 parties in interest and/or their
designated representatives and witnesses.
PORT ORCHARD POLICE GUILD CITY OF PORT ORCHARD
Robert uu, Mayor
Date
/o ,/1
Date
to/1/t
z)-
NatE66 I$ns@resident
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held October 8, 2019.
ORDINANCE NO. 042-19
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
APPROVING THE AGREED MODIFICATION OF A PROVISION CONTAINED
IN BOTH THE CITY’S COLLECTIVE BARGAINING AGREEMENTS WITH THE
POLICE GUILD REPRESENTING PATROL OFFICERS AND THE POLICE GUILD
REPRESENTING SERGEANTS; PROVIDING FOR SEVERABILITY AND
PUBLICATION; AND SETTING AN EFFECTIVE DATE.
Copies of Ordinance No. 042-19 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request, a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 042-19 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, October 18, 2019