007-13 - Resolution - Collective Bargaining Agreement with Sergeant EmployeesIntroduced by: City Attorney
Requested by: City Negotiating Team
Drafted by: City Attorney
Introduced: Apri19, 2013
Adopted: April9, 2013
RESOLUTION NO. 007-13
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, RATIFYING A COLLECTIVE BARGAINING
AGREEMENT WITH THE PORT ORCHARD POLICE GUILD
REPRESENTING THE SERGEANT EMPLOYEES
WHEREAS, the City's Sergeant employees are represented by the Port Orchard
Police Guild (the "Police Guild"); and
WHEREAS, the current Collective Bargaining Agreement with the Police Guild
expires on December 31, 2012; and
WHEREAS, the City's negotiating team has reached a tentative Agreement with
the Police Guild for a new three (3) year contract and the City's negotiating team has
recommended that the Council ratify the tentative Agreement; and
WHEREAS, the Sergeant employees have ratified the Agreement; and
WHEREAS, the Council has reviewed the proposed Collective Bargaining
Agreement and finds it is in the best interests of the City and its employees to ratify the
Agreement; now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
THAT: the City Council hereby ratifies the tentative Collective
Bargaining Agreement reached between the negotiating teams for the
Police Guild representing the Sergeant employees and the City as
attached hereto as Exhibit A and the Mayor is hereby authorized to
execute the same.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the City Clerk in authentication of such passage this 9th day of April 2013.
Brandy Rinearson, City Clerk, CMC
EXHIBIT A
AGREEMENT
BY AND BETWEEN
CITY OF PORT ORCHARD, WASHINGTON
AND
PORT ORCHARD POLICE GUILD
(REPRESENTING THE SERGEANT EMPLOYEES)
JANUARY 1, 20131HROUGHDECEMBER31, 2015
Contract No. 041-13
EXHIBIT A
ARTICLE
ARTICLE 1
ARTICLE2
ARTICLE3
ARTICLE4
ARTICLES
ARTICLE6
ARTICLE?
ARTICLES
ARTICLE9
ARTICLE 10
ARTICLE 11
ARTICLE 12
ARTICLE 13
ARTICLE 14
ARTICLE 15
ARTICLE 16
ARTICLE 17
ARTICLE 18
ARTICLE 19
ARTICLE20
ARTICLE 21
ARTICLE22
ARTICLE23
ARTICLE24
ARTICLE25
AR.TICLE26
AR.TICLE27
TABLE OF CONTENTS
to the
AGREEMENT
By and Between
CITY OF PORT ORCHARD
and
PORT ORCHARD POLICE GUILD
(Representing Sergeant Employees)
January 1, 2013 through December ~1, 2015
TABLE OF CONTENTS
TITLE PAGE
EXCLUSIVE BARGAINING REPRESENTATIVE ........................................................... 3
NON-DISCRIMINATION ................................................................................................... 3
GUILD SECURITY/MEMBERSHIP ................................................................................... 3
MANAGEMENT RIGHTS .................................................................................................. 3
DISCIPLINE ......................................................................................................................... S
GRIEVANCE AND ARBITRATION .................................................................................. S
HOURS OF WORK AND WORKING CONDITIONS ....................................................... 6
WAGES, WNGEVITYPAY .............................................................................................. 7
DEFINITIONS ..................................................................................................................... 8
HOLIDAYS .......................................................................................................................... 8
VACATIONS .. ; .................................................................................................................... 9
SICKLEAVE ....................................................................................................................... 10
BEREA VEMBNT ................................................................................................................. 12
LEAVES OF ABSENCE ...................................................................................................... 12
IIBALTH AND WELFARE .......................................................................... , ...................... 12
LAYOFFS ............................................................................................................................ 14
UNIFORM ALWW ANCES ................................................................................................ l4
SAVINGS CLAUSE ............................................................................................................. IS
NO STRIKE CLAUSE ......................................................................................................... l5
NEGOTIATION NOTIFICATION ...................................................................................... 15
POLICIES ............................................................................................................................. 15
LEGALITY ........................................................................................................................... IS
POliCE OFFICER INTERVIEW GUIDELINES AND RELATED MATTERS ............... 16
Gu1LD ACTMTIES ........................................................................................................... 19
MISCELLANEOUS ............................................................................................................. 19
TEl\IIPORARY EMPLOYMENT ......................................................................................... 19
TRAINING AND EDUCATION ......................................................................................... 20
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EXHIBIT A
PREAMBLE
AGREEMENT
By and Between
CITY OF PORT ORCHARD
and
PORT ORCHARD POLICE GUILD
(Representing Sergeant Employees)
January 1, 2013 through December 31,2015
This Agreement is entered into by the City of Port Orchard, Washington, hereinafter also refemd to as the
Employer 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 Commander, and
the Chief ofPolice.
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 SECURITY/MEMBERSHIP
3.1 GUILD SECURITY-It is a condition of employment that all current employees covered by this Agreement
on the date of ratification and those employees hired after its execution shall by the 30'h day following the
initial hire become and remain members in good standing in the Guild, or in lieu thereof pay a service fee to a
non-political and secular organization recognized as a charitable organization under IRS code section
SOl(c)(3). An amount equal to the Guild initiation fee shall be paid within 30 days of the initial hire. There
shall be paid monthly a service fee equal to the monthly Guild dues.
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 rieht to exercise all the rights and functions
of management. Without limiting the generality of the foregoing, management rights includes; but is not limited to:
( 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;
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(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 fmal 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 ttaining of employees;
(1 0) The scheduling of operations and detennination 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 conttactors 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.
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 ofCh. 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.
Ill
Ill
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ARTICLE 5 .................. DISCIPLINE
5.1 Discipline is defined to include "educations", warnings, written reprimands, suspensions without pay,
demotions to a lower paying classification, and termination of employment.
ARTICLE 6 ........ , ......... ORIEV ANCE AND ARBITRATION
6.1 A "grievance" means a claim or dispute by an employee or group of employees or the Employer with respect
to the interpretation or application of the provisions of this Agreement.
6.2 If an employee or group of employees, or their delegated Guild representative is/are not satisfied with the
solution by the supervisor, the grievance, in writing, may be presented within thirty (30) calendar days of its
alleged occurrence to the employee's immediate supervisor who shall attempt to resolve it within fifteen (15)
calendar days after it is presented to the immediate supervisor. However, if the immediate supervisor has no
authority to adjust the issue, the grievance shall be introduced at the next level in the chain of command.
6.3 If the employee or employees or their delegated Guild representative is/are not satisfied with the solution by
the supervisor, the grievance, in writing, may be presented within fifteen (15) calendar days of receipt from
the immediate supervisor to the Department Director who shall attempt to resolve it within (30) thirty calendar
days after it has been presented to him or her. It is required that the written statement include the section of the
Agreement allegedly violated, the facts, and the remedy sought.
6.4 If the employee or group of employees or their delegated Guild representative is not satisfied with the solution
by the Department Director, the grievance, in writing together with all other pertinent material may be ·
presented to the Mayor by the Guild representative, within fifteen (15) calendar days of receipt from the
Department Director.
6.5 rn 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.
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 him/her 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 briefts) 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
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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 None of the foregoing is intended to mean that the Guild itself cannot lodge a grievance and process the same
through the various steps to arbitration in accordance with and subject to the provisions hereof. The right of
the Guild to so 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 with an employee shall be
contrary to the terms of this Agreement.
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
7.1.1 The regular work week shall be 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 followed by three (3)
consecutive days off during a seven-day period, except for shift changes . The selection or subsequent change
in the work week shall be at the discretion of the Employer.
7 .1.2 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.
7.2 OVERTIME-Services perfonned in excess of eight (8) hours in a day or forty (40) hours per week will be
compensated at one and one-half (1.5) times the regular hourly rate. If a 10-hour workday is in effect all time
over ton (1 0) hours will be compensated for at one and one-half (1.5) times the regular hourly rate.
7.3 CALL-BACK -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 . Call back 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.
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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 two {2) hours of overtime pay.
7.3.3 If Employer closes City Hall due to inclement weather, and the Employer pays employees for a full shift,
even though the employee only worked a portion of said shift, then those employees who are required by the
Employer to complete their full shift sluill be compensated an additional number of hours equal to the
number of hours that the other employees were paid but did not work. For example, if City Hall closed after
being open for 3 hours and employees are sent home and receive five hours of pay for which they did not
work, any remaining employees required to stay by the Employer shall receive five hours of pay, in addition
to the hours worked on the day in question. The foregoing shall not apply to situations where City Hall is
closed to the public, but remains open for employees to work .
7.4 Should an employee be called for duty when the employee is on approved vacation, leave time will terminate
upon commencement of work and resume again after emergency work is completed. The leave time will be
restored to his/her bank of 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 nonnal home to work commuting time, the excess time
will be included in the eight (8) hours maximum restorable time.
7.5 STAND-BY-An employee shall be paid at 50% of their regular wage rate for time he/she 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, detennine
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 eight hour work day 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. 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 transferred to the K-9 officer. Such transfer of ownership shall
relieve the city of any further liability.
ARTICLE 8 ....................... WAGES, LONGEVITY PAY
8.1 Effective January 1, 2013, the 2012 rates of pay shall be increased by two-and-one half percent (2.5%), plus a
half-percent (.5%) market adjustment (i.e., a total of a 3% increase). This amount shall constitute the new
2013 rate of pay, which shall be as follows:
Date ofHire/Promotion ................................................. $3 7 .OS
After 12 mo. from date ofhire/promo ........................... $38.39
After 24 mo. from date ofhire/promo ........................... $39 .72
After 36 mo. from date ofhire/promo ........................... $41.03
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8.2 After completion of two (2) years full-time employment, IUl 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. Each
longevity pay increase shall commence on the employee's anniversary date of employment. Each longevity
increase shall be calculated on the base pay for the position held by the employee.
8.3 Effective January 1, 2014 the 2013 rates of pay shall be:~ increased by three percent (3%), plus a one-half
percent (.5%) market adjustment (i.e., a total of a 3.5% increase).
8.4 Effective January 1, 2015 the 2014 rates of pay shall be increased by one hundred percent (100%) of that
percentage increase set forth in the All Urban Consumers Index (CPI-U) (1982 -1984=100) for the Seattle-
Tacoma-Bremerton area for that period from · June, 2013 to June, 2014, as is specified by the Bureau ofLabor
Statistics, United States Department of Labor; provided, however, the COLA increase shall not be less than
zero percent (0%) nor more than five peroent (5%).
8.5 The wage set forth in paragraph 8.1, as modified by paragraphs 8.3 and 8.4, shall be increased by 5%
whenever the Qfficer is actually serving as a Field Training Officer (FrO).
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 his/her full time to the job
during working hours on a yearly basis.
9.3 A "part-time employee" is any person employed by the Employer for less than forty (40) hours per week but
not on a continuing basis.
9.3.1 Accumulation of Sick Leave and Vacation Leave -Part-time employeos shall have their sick leave and
vacation leave prorated on the basis of two thousand and eighty (2,080) hours per year (full-time
employment). Sick leave and vacation leave shall be accumulated and recorded on a monthly and or calendar
year basis.
ARTICLE 10 ..................... HOLIDAYS
10.1 In lieu of holidays, employees shall be credited with eight (8) hours holiday leave per calendar month.
10.2 In addition to the above holiday leave, employees shall receive twenty-four (24) hours additional holiday
leave on their anniversary date.
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 their full shift.
10.4 Holidays shall be observed on the traditional date (not statutory date). The recognized traditional holidays are
New Years Day; Martin Luther King, Presidents Day; Memorial Day; Independence Day; Labor Day;
Veterans Day; Thanksgiving Day; the day after Thanksgiving Day; and Christmas Day.
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 defmed herein, for his/her accrued holiday time, if any, which is
earned, but not taken, upon separation of wnployment (including for the reasons of voluntary termination and
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death of the employee). 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 (other than the current maximum accrual and cany over restrictions set forth in this Article 10)
for LEOFF II employees.
10.7 HOLIDAY STAFFING
10.7.1 Employees on light duty assignments are not eligible to work on a holiday or to receive "holiday pay"
(described in Section 10.3 above) unless otherwise req~ested by the Employer.
10.7.2 In order to be eligible to receive "holiday pay" (described in Section 10.3 above), the employee must work
his/her regularly scheduled shift immediately preceding, or immediately thereafter, the shift worked on the
subject holiday, except if the employee is on leave due to illness or injury.
ARTICLE 11 ..................... VACATIONS
11.1 After one (1) full year of employment, a full-time employee shall be entitled to ten (10) days (80 hours)
vacation leave. During the second year, the employee's vacation account shall be credited on a monthly basis
at the rate of eleven (11) days (88 hours) per year. During the third year, the employee's vacation account shall
be credited on a monthly basis at the rate with twelve (12) days (96 hours) per year. In addition each year on
the employee's anniver~ary date, after three (3) full years of employment, one (1) bonus day (8 hours) of
vacation for each year will be credited to his/her vacation account. After each additional year of employment,
the employee shall be entitled to one (1) additional bonus day (8 hours) of vacation leave. The total
vacation/bonus day accrual shall not exceed thirty (30)·days, 240 hours .
11. 1.1 ACCUMULATION OF VACATION LEAVE -Part-time employees shall have their vacation leave prorated
on the basis of two thousand and eighty (2,080) hours per year (full-time employment). Vacation leave shall
be accrued and recorded on a monthly and or calendar year basis in the same manner as provided in the
vaeation accrual section.
11.2 Vacation leave to an employee's credit may be granted at anytime during the year at the discretion of the
Department Director concerned.
11.3 Each employee must use at least one week (five (5) consecutive days) leave each year for a vacation purpose.
The balance of vacation leave to hili or her credit may be granted one at a time.
11.4 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 tennination 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. Upon date of
termination the employee shall receive compensation for bonus vacation leave prorated from the last
anniversary date. There shall be no cap on the amount of the payment of accrued vacation time upon
separation of employment (other than the current maximum accrual and cany over restrictions set forth in this
Article 11) for LEOFF ll employees.
11.5 The leave pay of all employees who are employed on a daily wage scale shall be paid on the same schedule
for the vacation period as the employee would have been paid for a regular week of work without overtime.
11.6 An employee may carry over a maximum of thirty (30) days 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.
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ARTICLE 12 ..................... SICK LEAVE
12.1 All full-time and part-time employees shall be entitled to sick leave pay 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. Such sick leave for full -rune employees
shall accrue at the rate of one (1) day (8 hours) for each calendar month of employment. An employee may
accumulate more than nine-hundred sixty (960) hours during the year, but may only carry over a maximum of
nine-hundred sixty (960) hours from one calendar year to the next. Part-time employees shall have their sick
leave prorated on the basis of two thousand and eighty (2,080) hours per year (full-time employment). Sick
leave shall be accumulated and recorded on a monthly basis as provided in this Section.
12.1.1 An employee will be given eight (8) hours bonus leave ·if they do not use any sick leave in the previous year.
The bonus leave must be used in the year given as it cannot be carried forward . Part-time employees who
qualify for this leave will have said leave prorated on the basis of two thousand and eighty (2,080) hours per
year (full-time employment).
12.1.2 Sick Leave Buy Back
12.1.2.1 Upon an employee's permanent separation ofemployment ftom the Employer due to the employee's
death, disability, or voluntary tennination, any employee hired by the Employer as a fully commissioned law
enforcement officer in 1985 or before, and continuously employed with the Employer thereafter, 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 llSsociation account ("HRANEBA"). 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.
12.1.2.2 It is the parties' intent that, as of October 1, 2014, the restriction in Section 12.1.2.11imiting the cash
out of sick leave to those officers employed with the Employer in 1985 or earlier shall be eliminated such that
the benefit will extend to all bargaining unit members who would otherwise be eligible.
12.2 Sickness shall be reported at the beginning of any period of illness to the Police Department and, within three
(3) days after returning to work, the employee may be required to give a written statement certifying the need
for the absence and submit a formal request for approval if so taken. which request, when approved by the
Department Director, shall be forwarded to the Human Resources Coordinator for filing in the employee's
personnel file.
12.3 A doctor's certificate may be required when the sick leave extends over a period of three (3) consecutive days.
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 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 twelve (12) and not less than five (5) consecutive workdays.
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 the Human Resources
Coordinator for filing in the employee's file and the employee will be notified of the Council's decision by the
Department Director.
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EXHIBIT A
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 Loss time payments for injury or illness covered by Industrial Insurance will be deducted from the employee's
next regular pay after the Washington Department of Labor and Industries' (L&I) award letter.
12.10 At the option of the employee, sickness in excess of the maximum number of days accrued maybe charged to
unused vacation.
12.11 Workers' Compensation!LEOFF II Disability S!!PJ!lement. 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 RCW. Under the terms required by RCW 41.04.500 et. seq., full-time,
commissioned LEOFF II employees who 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 5 1.32.090, will result in the employee receiving the same pay, based
on the employee's regular rate of pay, that he/she 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 (6th) 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 (1/2) 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 (1/2) 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 him/her 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 he/she would have received in
base salary if he/she 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 JIUIXimurn of six (6) months from the date of it:Uury or
illness.
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ARTICLE 13 ..................... BE~A VEMENT
13.1 Employees shall be allowed up to twenty-four hours (24) of paid bereavement leave for death in the
immediate family upon approval and authorization of the Department Director. For travel out of State an
employee shall receive, subject to the approval of the Depa,rtment Director, an additional sixteen (16) hours of
paid bereavement leave.
13.2 For purposes of Section 13.1 above, "immediate family" means the employee's spouse or Washington State
registered domestic partner, children, stepchildren. sister, brother, grandmother, grandfather, mother, father,
mother-in-law, father-in-law, and any other familial inhabitant of the employee's household.
ARTICLE 14 .................. LEAVES OF ABSENCE
14.1 CIVIL LEA VB -Any necessary leave may be allowed by the Director of a Department to permit any
employee to serve as a member of a jury. Each employee who is granted such leave ~md who, for the
performance of the jury duties involved received any compensation shall be paid by the Employer for the time
he/she is absent only in the amount of the difference between their regular salary and the compensation
received for jury duty, exclusive of travel ~md any other reimbursable allowance.
14.2 MILITARY LEAVE -Leave not to exceed twenty-one (21) calendar days during each year beginning
October 1 n and ending the following September 30th, over and above annual vacation shall be allowed. Any
employee who is a member of any duly established National Guam or reserve corps unit during the period of
military leave shall receive their normal pay.
14 .3 VOLUNTARY LEAVE WITHOUT PAY -Leave without pay may be granted at the discretion of the
Department Director, subject to the approval of the appointing authority. Such leave will be granted only after
all sick leave, holiday 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 nor shall they continue to accrue seniority . Nothing herein is
intended to supersede the employee's rights under applicable State or Federal Leave Law .
14.4 UNAUTHORIZED ABSENCE -Unauthorized absence from duty for three (3) consecutive working days
shall constitute grounds for dismissal upon recommendation of the Police Chief at the discretion of the
appointing authority.
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 ofWasbington relating to Police Relief and Pension.
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) HealthFirst (Zero
Deductible) Plan administered by Regence BlueShield or Group Health Co-pay plan 1.
15.2 The Employer shall purchase Dental Plan "A" through Teamsters Dental, for the employee, spouse and
dependents if such coverage is available to the Guild through the Teamsters. In the event that such coverage
is not available to the Guild, the parties agree to re-open this Agreement for the singular purpose ofbargaining
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 basic Vision
Plan named Extended Benefits to the Teamsters Vision Care Trust Fund for the employee, spouse and
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dependents If such coverage is available to the Guild through the Teamsters. 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 that have Dental Plan "A" and Vision Plan "EXT" through Washington Teamsters Welfare
Trust must meet the eligibility threshold and be compensated for at least forty (40) hours per month to qualify
for the above benefits as per the Trust's operating guidelines. If the employee does not meet the eligibility
requirement, then they are not entitled to the benefits or alternative compensation for the same.
15.5 The Employer shall provide for the life of this Agreement (subject to the remaining terms of this Article 15),
Association of Washington Cities (AWC) HealthFirst (Zero Deductible) Plan prescription coverage. The plan
provides for an employee prescription card with an employee co-pay at the time of obtaining the prescription
drugs. The employee co-pay for generic prescriptions is four dollars ($4) and for brand names is fifteen
dollars ($15). The Employer will reimburse the employee four dollars ($4) for each brand name or generic
prescription obtained. If A WC modifies its prescription program then the parties shall meet to discuss its
impact. The Employer will reimburse the employee four dollars ($4) for each brand name prescription not on
the formulary (also called "preferred") list The Employer shall also reimburse employees on the subject
Group Health Co-pay plan 1 up to four dollars ($4) for each brand name or generic prescription obtained;
provided, however, that no employee on either plan shall be reimbursed more than he/she actually spent on
the prescription.
15.5.1 Employees shall pay each month a portion of the premiums for the subject medical plan as follows:
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 spouses and
dependents, if applicable). The amount of the numeric percentage of the monthly premium amount paid by
tho employees shall be as follows:
AWC Regence HealthFirst (Zero Deductible) Plan
1. Employee only:
2. Employee and Spouse:
3. Employee, Spouse, and 1 Dependent:
4. Employee, Spouse, and 2 or more Dependents:
5. Employee and 1 Dependent:
6. Employee and 2 Dependents:
7. Employee and 3 Dependents:
Group Health Plan
1. Employee only:
2. Employee and Spouse:
3. Employee, Spouse, and 1 Dependent:
4. Employee, Spouse, and 2 or more Dependents:
5. Employee and 1 Dependent:
6. Employee and 2 Dependents:
7. Employee and 3 Dependents:
5.92%
6.11%
6.08%
6.12%
8.35%
8.03%
9.41%
4.60%
5.11%
5.66%
5.80%
6.76%
7.04%
8.65%
15.6 For payroll deduction purposes, the monthly premium determined above in Section 15.1 shall be rounded to
the nearest dollar.
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15.7 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 insmance policy. This currently includes a requirement that the employee work at least 30 hours
per week.
15.8 If an eligible employee elects to waive the Employer medical coverage as provided in Section 15.1 and the
related insurance companies involved allow for such practice, the employee shall be compensated two
hundred fifty dollars ($250) per month through the payroll process as a cost savings incentive. This cost
savings incentive is only payable for those full months where the employee elects to waive coverage. An
eligible employee includes any full-time employees as well as part-time employees hired prior to December 9,
1996. Employees who participate may not be eligible to return to medical coverage until open enrollment
periods as outlined by the insurance carrier.
15.9 HRANEBA: The Employer shall establish, and enroll employees in, a HRAIVEBA account and deposit, on
an annualized basis, three hundred fifty dollars ($3SO) in each employee's account to be used for qualified
medical expenses. The Employer's annual $350 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 three hundred fifty dollars ($350) to be deducted from employee paychecks on a pre-tax
basis in equal monthly or bi-monthly installments. The employee shall be responsible for all fees charged by
HRANEBA for his/her respective account. HRANBBA 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 employees and then (2) regular officers.
16.2 Employees shall be provided not less than four (4) weeb written notice oflayoff.
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. Work boots will be
replaced or repaired, through the same supply system applicable to unifonns, when the Police Chief, in his/her
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, except shoes, is to be reimbursed to a newly hired police officer upon
appointment.
17 .1.3 All clothing and equipment so furnished shall remain Employer property.
17 .1.4 The following duty goods shall be furnished to a new police officer, if requested by the officer:
1. Dutybelt
2. Duty ammunition pouch
3. Duty handcuff case
4. Holster
5. Under belt
Replacement of these items shall only be as designated by the Department Director.
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17 .1.5 Each officer shall be issued a raincoat.
17.1.6 Unifonn coat cleaning will be paid by Employer when authorized by the Department Director or Commander.
17 .1. 7 The Employer will make available level 3A ballistic vests for those employees desiring to utilize such vests,
and the Employer shall replace body annor within thirty (30) calendar days prior to the manufacturers
expiration date.
17.2 The Employer shall pay an amount equal to current vision plan benefits 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.
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
No ordinance granting any employee a benefit shall be changed during the tenn of the Agreement which
would reduce the benefits to the employee for the duration of this Agreement.
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 his/her
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 ..................... NEGOTIATION NOTIFICATION
20.1 This Agreement shall become effective when signed by both the Guild and the Employer and remain in full
force and effect from January 1, 2013 through December 31, 2015. 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 shall be
mailed 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.
ARTICLE 21 ..................... POLICIES
21.1 Any Department Policies covering mandatory subjects of bargaining may not be changed without frrst
providing the Guild with written notice of the intended change and providing the Guild with a reasonable
opportunity to respond.
ARTICLE 22 ..................... LEGALITY
22.1 All provisions herein are subject to existing law and, should any provision, of this Agreement be fcund 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
negotiate a new wording within thirty (30) days.
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ARTICLE 23 ..................... POLICE OFFICER INTERVIEW GIDDELINES AND RELATED MATTERS
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 23 shall be construed as limiting any of
the Employer's management rights expressed in this Agreement.
A. General Procedures
1. 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 him or her, she/he will be afforded the safeguards set forth in this Article 23 and
she/he 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 Commander (or their
designee) within five (5) calendar days for the purpose of scheduling an interview. The interview shall be held within
ten (1 0) calendar days of the date of written notification unless the Employer detennines 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.
3. 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 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 he/she 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).
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 ln accordance with Employer's regular procedures.
6. 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.
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8. The employee will be required to answer any questions involving non-criminal matters under investigation
and will be afforded all rights to which he/she 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 yo\11' conduct and/or job perfonnance, and to cooperate with this investigation . You are
required to answer questions relating to tho performance of your official duties or fitness for duties. Your
failure to cooperate with this investigation can be tho 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 his/her 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 Department Director in the perfonnance of his/her duties and responsibilities as the Chief
Administrator of the Port Orchard Pollee Department.
12. The complete interview of an employee may be recorded by the Employer or the employee, and/or the
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 unreasonably delay.
After ninety (90) days have elapsed from the time the subject employee receives written notification that he/she is the
subject of an administrative investigation, the employee or his/her Guild representatives may contact the Chief of
Police (or his/her 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 investiption 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 his/her 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 ag8inst 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 fmdings and any future action to be taken on the incident.
Ill
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C. Use of Lethal Force
When an employee, whether on or off-duty, uses lethal fotce, the employee shall not be required to make a
written or recorded statement for twenty-four (24) hours after the incident except that immediately following the
incident the employee shall verbally report to a superior a brief sutllDlary of the incident and any infonnation 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 Ouild 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 twenty-four (24) 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 his/her service. Employees shall be provided a copy of all material in their official
personnel file upon request. The Employer shall give the employee a copy of discipline-related documents or
evaluations that will be placed into his/her official personnel ftle. The employee shall have the right to attach
statements in rebuttal or explanation to those documents.
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, his/her representatives upon written
authorization from the employee (and presentation of proper identification), officials of the City and their designees
(including the Employer's attorneys), 1111d 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
ftles and may need to review or update personnel files while conducting Employer business .
3. The Emplo~ shall disclose information in personnel files to third parties in accordance with applicable
law. Prior to disclosing personnel file documents (other than employment verification infonnation) the Employer will
give the affected employee notification of the request. If the Employer believes that the document(s) is subject to
disclosure, it will notify the employee. The employee shall have five (5) working days to provide the Employer any
reason for not releasing the requested document(s) and/or to give the employee an opportunity to take action to prevent
the release of said document(s) at the expense of the employee prior to the Employer releasing the requested
document(s). The employee may waive the notice requirement.
4. Nothing in this Agreement shall be construed as requiring the Employer to obtain the employee's consent
to use his/her personnel ftles in any disciplinary proceeding or other litigation of any type involving the employee.
5. 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 ofcounseling sessions, commendations, training records, or other records/information
related to an employee's perfonnance.
6. Nothing herein shall be construed as limiting any rights the Guild bas under applicable law to access to
records.
E. Discipline
l. Prior to making a tina1 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.
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2. The employee shall then have a minimum of three (3) working days to review the case.
3. A conference 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 he/she deems pertinent; the employee may submit the infonnation
orally or in writing. The meeting may be recorded by either party. By operation of this Agreement, all participants to
the meeting will be 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 his/her Guild representative(s), the total not to
exceed two (2) poople (including an 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.
ARTICLE 24 ...................... GUILD ACTMTIES
24.1 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 approva~ and
then notify their supervisor when they return to duty.
ARTICLE 25 ................•. MISCELLANEOUS
25.1.1 INSURANCE SURCHARGE· When it is detennined 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 respon.Sibility for this extra
surcharge. The employee may elect to pay the extra surcharge personally or resign.
ARTICLE 26 ..................... TEMPORARY EMPLOYMENT
26.1 The Chief of Police shall have the authority to hire a police officer(s) on a temporary basis with a written
agreement defining the leneth· of employment. Termination of employment at the end of the employment
term shall not be subject to the grievance or progressive discipline processes.
26.2 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 26.5 below. There sha1l be a one year probationary period .
26.3 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.
26.4 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.
26.5 If a temporary police officer becomes a full-time police officer, without a break in service, then his/her
date of hire for purposes of benefit accrual shall be the date he/she started as a temporary police officer
and his/her seniority date shall be the date he/she becomes a full-time police officer.
AGREEtv!ENT (SERGEM.'T EMPLOYEES) PAGE 19 OF 20
CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD
JANUARY 1,2013 PDECEMBER31,2015 \'1{!1/f
CITY
EXHIBIT A
26.6 If 1111 officer is placed on special aa&iilllDent with another agency or department and fails to return \0 duty
with the Employer for at least one year after the special assignment has ended, then the officer shall
reimbUl'8C the Employer $5,000 for the Employer's expenses 1111sooiated with meeting supplemental staffing
needs through temporary employees .
ARTICLE 27 ..................... TRAINING AND EDUCATION
27.1 Officers shall be eligible to receive the educational incentive pay of 2% of base pay per hour. The officer
must :
(1) Have an associate deifee from an accredited college or university in an eligible course of study; or
To receive the educational incentive pay of3% of base pay per hour, the officer must:
(2) Have a bachelor's degree from an accredited college or university in an ellg~'ble course of atudy.
The officer must provide an offlcial transcript and diploma.
The Mayor or hlslher designee will confirm/verifY that the officer's request for educBl:ional incentive pay
meets the requirements of this Article 27.
.,..,F-'
IN WITNESS WHEREOF, the parties b«eto .have set their hmls on this .!i_ day of April. 2013
CITY OF PORT ORCHARD PORT ORCHARD POUCE O'UllD
~ .,.-------~o:;....! Tllllo~Mitthes. Mayor
APPROVED AB TO FORM: APPROVED AS TO FORM;
~~
Cbrls Casillas, Attorney for the Port Orchard Police Guild
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AGREEMENT (SERGEANT EMPLOYEES) PAGE20 OF20
CITY OF PORT ORCHARD/PORT ORCHARD POLICE OUTI.D
JANUARY 1, 2013-DECEMBER 31,2015 ~(? .J/1_
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