Unfair Labor Practice Complaint

8/12/2019 Unfair Labor Practice Complaint

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Mr. Mike Sellars

MICHAEL A. DUCHEMINATTORNEY AT LAW

637 N.E. HAUGEN STREET

POULSBO, W 98370

Phone: 360) 394-1604 - Fax 360) 824-6104

E-mail: [email protected]

March 13 2014

Public Employment Relations Commission

112 Henry Street N.E. Suite 300

P.O. Box 40919

Olympia WA 98504-0919

RE: Unfair Labor Practice Complaint filed by the International Association o

Fire Fighters, Local 2819 - Kitsap County Fire Protection Districts 1 and 15

aka, Central Kitsap Fire Rescue).

Dear Mr. Sellars:

Enclosed for filing s a complaint charging unfair labor practices. It includes the

statement of facts remedy requested and a copy of the collective bargaining agreements between

the parties. The original complaint has been sent by e-mail and same day mailing by First Class

Mail to the Public Employment Relations Commission Olympia office.

The employer through its Fire Chief Scott Weninger and the Chairman of the Board of

Fire Commissioners Dave Fergus have been served with a copy of the complaint by e-mail and

same day mailing by regular First Class Mail under cover of this letter.

cc: Craig Becker President

Ronny Smith Vice-President

IAFF Local2819

MICHAEL A. DUCHEMIN



PUBLIC EMPLOYMENT RELATIONS COMMISSIONSTATE OF WASHINGTON

CERTIFICATE OF SERVICE: MICHAEL A. DUCHEMIN makes the following declaration in

accordance with RCW 9A.72.085:

I hereby certify that on March 13, 2014 I served the amended complaint charging unfair

labor practices on behalf of the International Association of Fire Fighters, Local 2819 on Central

Kitsap Fire & Rescue dated March 13, 2014 by transmitting by e-mail and in the U.S. Mail a

copy of the complaint and attachments to the District s Fire Chief and Board Chairman and to the

Public Employment Relations Commission at the following addresses:

Fire Chief Scott Weninger

Board Chairman Dave Fergus

5300 N.W. Newberry Hill Road, Suite 101

Silverdale, W A 98383

(360) 447-3550

s weninger@ ckfr. org

Public Employment Relations Commission

600 Fourth A venue

P.O. Box 40919

Olympia, WA 98504-0919

Phone (360) 570-7300

filing@perc. wa.gov

This Certificate of Service is served and filed herewith by the same means. I certify (or declare)

under penalty of perjury under the laws of the State Of Washington that the foregoing is true and

correct:

DATED this March 13 2014I

/

, r

MICHAEL A DUCHEMIN

Place: Poulsbo, Washington



COLLECTIVE BARGAINING

PUBLIC EMPLOYMENT REL TIONS COMMISSION

112 Henry Street NE Suite 300, Olympia WA 98506

PO Box 40919, Olympia WA 98504-0919

Phone: 360.570.7300 Email: [email protected]

Web: www.perc.wa.gov

ST TE OF W SHINGTONUNF IR L BOR PR CTICE COMPL INT

D Amended Complaint in Case Applicable Rules: Chapters 10-08, 391-08, and 391-45 WAC

P RTIES Include information for all Qarties involved. LLEGED VIOLATION

Indicate if the alleged violation is against:

COMPL IN NT lnt l Assoc of Fire Fighters, Local 2819 ~ Employer D Union D Both*

Contact Michael A. Duchemin Note: lfthe violation is against both the union and

Address 637 N.E. Haugen Streetemployer, two separate complaints must be filed with

two statements of facts describing the alleged violat ion

City, State, ZIP Poulsbo, WA 98370 against each.

Telephone (360) 394-1604 Ext. ST TEMENT OF F CTS and REMEDY REQUESTED

Email [email protected] on separate sheets of paper in numbered

paragraphs a br ief statement of the facts regarding the

alleged unfair labor practice(s).

RESPONDENT Central KitsaQ Fire Rescue• Include times, dates, places, and participants of

occurrences.

Contact Fire Chief Scott Weninger • Indicate statutes allegedly violated.

Address 5300 N.W. Newberry Hill Road, Suite 101• State whether a related grievance has been filed.

• Describe the remedies requested.

City, State, ZIPSilverdale, WA 98383 • For more information refer to WAC 391-45-050.

Telephone (360) 447-3550 Ext.B RG INING UNIT

Email [email protected] Note: If the alleged violation relates to more than one

bargaining unit, a separate complaint must be filed for

EMPLOYER Central KitsaQ Fire Rescueeach unit.

Contact Chairman Dave Fergus, Commiss ionerIndicate Bargaining Unit: Uniformed FF (Article 1.1)

Address 5300 N.W. Newberry Hill Road, Suite 101Department or Division: Fire

City, State, ZIPSilverdale, WA 98383 Collective Bargaining Agreement:

Telephone (360) 377-8773 Ext.D The parties have never had a contract.

Email Not Available~ copy of the most current contract is attached.

UTHORIZED SIGN TURE FOR COMPLAINANT

Print Name Michael A Duchemin, Attorney At Law Telephone (360) 394-1604 Ext.

Address 637 N.E. Haugen Street Email [email protected]

City, State, ZIPPoulsbo, WA 9837

l ~ L . . : zSignature . . . . : . / _ « « < t o ? _ ; e : . . . . . ~ - - - _ - _ - _ : - _ - _ - Date 3 13 14

Form U-1 (3/2013)



STATEMENT OF FACTS

1 INTRODUCTION

1 1 Central Kitsap Fire Rescue Kitsap (Kitsap Fire Districts 1 and 15) is a public

employer as that term is defined by RCW 41.56.030(12) (hereafter the District ).

1 2 Complainant Local 2819 of the International Association of Fire Fighters, AFL-

CIO, CLC, is a labor organization and a bargaining representative s that term is defined by

RCW 41.56.030(2) (hereafter the Union ).

1.3 The Union represents a bargaining unit consisting of uniformed personnel

employees of the District whose positions meet the definition of firefighter in RCW

41.56.030(13)(e), s follows: all full-time uniformed employees holding the positions of career

uniformed fire fighters, paramedics, lieutenants, captains, and battalion chiefs. Parties' current

collective bargaining agreement. Exhibit 1 (hereafter Ex._. ) , Article 1 Section 1.1.

1 4 The District employs seventy-five firefighters to staff three twenty-four hour shifts

with twenty-five firefighters assigned to each shift. The three shifts are designated s A Shift,

B Shift, and C shift. The District's Fire Department is run by Fire Chief Scott Weninger

( Weninger ).

1 5 The District staffs five fire stations with paid, full time firefighters- Stations 41,

45, 51, 56 and 64.

1 6 Stations 45 and 64 are cross staffed with two firefighters (one is a Company

Officer and one is an Apparatus Operator). Cross staffing means that these two assigned

firefighters respond on a fire engine when needed (Engine 64 and Engine 45), but when an aid

car is needed to provide Basic Life Support services they abandon the staffing of Engine 64 and

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respond with the aid car (Aid 64).

1.7 Stations 41 and 56 are staffed with four firefighters with two assigned to a fire

engine (a Company Officer and an Apparatus Operator) (Engine 41 and Engine 56 respectively)

and two assigned to an Advanced Life Support unit (one Firefighter/Paramedic and one

Firefighter/EMT) (Medic 41 and Medic 56 respectively).

1.8 Station 51 is staffed with a total o seven firefighters. One is a Battalion Chief

that is assigned to a Battalion Chief unit, two are assigned to a ladder truck, (a Company Officer

and an Apparatus Operator) (Ladder 51), two are assigned to a fire engine (a Company Officer

and an Apparatus Operator) (Engine 51), and two are assigned to a medic unit (a

Firefighter/Paramedic and a Firefighter/EMT) (Medic 51).

2. UNILATERAL IMPLEMENTATION OF DECISION TO REDUCE EQUIPMENT

STAFFING THAT ADVERSELY AFFECTS FIREFIGHTER SAFETY WOR

LOAD OVERTIME OPPORTUNITIES OTHER DESIRABLE WORKING

CONDITIONS AND BAD FAITH BARGAINING.

2.1 On January 1 2014, the District implemented a policy that authorized periodic de-

staffing o fire department units housed in Station 64 in order to save on the overtime costs

associated with staffing other fire department units located elsewhere in the District (i.e., by

periodically de-staffing Engine 64 and Aid 64 and sending their permanently assigned Company

Officer and/or Apparatus Operator to fill in for other Company Officers or Apparatus Drivers

that are absent from duty on their respective fire department units).

2.2 As described below, the District's policy authorizing periodic de-staffing o

Engine 64 and Aid 64 on January 1 2014 was done unilaterally, without bargaining with the

Union as required by chapter 41.56 RCW and, as described herein, those reductions decreased

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the safety and increased the workload o bargaining unit personnel by, among other things: (1)

increasing the response times of a fire engine to structure fires in Station 64's response area, (2)

increasing the response times of a second in fire engine to coverage areas adjoining Station 64,

and (3) increasing the workload o other bargaining unit members who must pick up the transport

duties previously performed by bargaining unit members on Aid 64.

2.3 The District's decision to periodically de-staff Engine 64 and Aid 64 was

motivated by the desire to reduce overtime costs associated with staffing other units in other

response areas of the District and was not driven by a desire to reduce the level o service within

the District. By virtue o the District's de-staffing of Engine 64 and Aid 64, bargaining unit

members also lost overtime opportunities that would have otherwise been available but for the

reductions. This is true because these members would have been called in on overtime to fill the

vacancies that are now filled by the Company Officer and/or Apparatus Driver from Station 64

and/or because they lost working out o classification opportunities at other stations.

2.4 An early aggressive and offensive primary interior attack on a working structure

fire reduces risk o firefighter injuries. n increase in the number o minutes it takes for

firefighting crews to arrive on the scene o a structure fire increases their risk o injury.

2.5 A widely accepted rate o fire propagation, which combines temperature rise and

time, shows that a fire increases dramatically in size at about the four minute mark, taking only

eight minutes to extend beyond the original room o origin. Fire can usually be controlled within

the room of origin when water s effectively applied within six minutes of ignition. A larger,

hotter fire increases the risk o injury or death to firefighters.

2.6 Two o the most important elements in limiting fire spread are the quick arrival o

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sufficient numbers o personnel and equipment to attack and extinguish a fire as close to the

point o its origin as possible. As each minute o a structure fire passes, the fire rapidly

progresses to a condition called flashover (i.e., the very rapid spreading o the fire due to

superheating o room contents and other combustibles). A typical fire within a room will often

reach the flashover stage in about six minutes from the time o ignition. Flashover is a highly

dangerous condition for firefighters to face. The sooner firefighters arrive on scene and begin

fire attack there is an increased likelihood that flashover can be prevented.

2 7 As a fire gets hotter due to a delayed response o a firefighting crew, the potential

for a building or ceiling collapse increases, thereby exposing firefighters to greater risk. Slower

response times to fires within Station 64's area (because Engine 64 has been de-staffed on that

day), and to adjoining response areas (because Engine 64 is not able to respond to those areas),

decreases safety o bargaining unit members once they arrive at, and begin fighting, those longer

burning fires.

2.8 Under Washington State law, in the initial stages o an incident where only one

crew is operating in a hot zone (such as a structure fire) a minimum o four individuals are

required before interior fire attack can take place, consisting o two individuals working as a

crew in the hot zone and two individuals present outside the hot zone available for assistance or

rescue of firefighters during emergency operations, s needed, where entry into the hot zone is

required (often referred to s the two-in/two-out rule). The more often a two-person fire crew

operating in a hot zone has two firefighters waiting outside to rescue them, i necessary, their

personal safety is enhanced.

2 9 There is an exception under State law for the two-in/two-out rule. If upon arrival



at a structure fire (or some other type of hot zone) responders find a known rescue situation

where immediate action could prevent the loss of life or serious injury, they can take such action

using a two-in/one-out approach. However, using this configuration decreases firefighter safety.

2 10 The District s unilateral implementation of reduced Engine 64 staffing increases

the number of incidents where firefighters would likely face the need to utilize a two-in/one-out

crew configuration to rescue trapped victims, thereby decreasing the safety and increasing the

workload of bargaining unit personnel.

2 11 As demonstrated further below, there are a myriad of other factors that decrease

the safety and increase the workload of firefighters because of the District s unilateral de-staffing

of Engine 64 and Aid 64.

2 12 For more than two years the District has staffed Engine 64 or Aid 64 with two,

full-time, paid firefighters. Although the District has assigned twenty-five firefighters to each of

its three shifts, when firefighters take time off for things such s vacation, holiday, sick leave, or

training opportunities, the staffing can drop below that mark.

2.13 In order to have enough personnel on duty to staff Engine 64 or Aid 64 with two

firefighters (a Company Officer and an Apparatus Driver), the District has maintained a status

quo practice of requiring that a minium of nineteen firefighters be on-duty for each day of the

year. This minimum staffing level is necessary to keep two firefighters assigned to Engine 64 or

Aid 64 s described above.

2 14 n October 14, 2013, at a Commissioners meeting, the Commissioners merely

discussed the idea that the District may want to reduce the minimum daily shift staffing

requirement from nineteen to fifteen in order to save on the overtime costs paid out by the



District. Although the possible staffing reductions were being discussed, Weninger did not at

that time propose any plan o action or provide any proposed options on how such staffing

reductions could be accomplished.

2 15 By letter dated October 17, 2013 (Ex.2), the Union pointed out to Weninger that

any reduction in daily staffing would adversely affect the safety and workload o bargaining unit

members and insisted that the District bargain over any changes that affect the safety and the

workload o personnel prior to implementation and request that impact bargaining occur i

necessary.

2 16 At a November 12, 2013 meeting o the Board o Fire Commissioners the

Commissioners approved Weninger's request to reduce daily minimum staffing from nineteen to

seventeen. By e-mail dated November 14, 2013, the Union's Vice-President, Ronny Smith

( Smith ) reminded Weninger that he must bargain over any decision or effects as they would

related to any staffing reduction and asked him to provide some type o plan on how he intended

to reduce staffing, stating as follows:

The Union requests the District provide a detailed plan o implementation i staffing was

to fall below the agreed upon 9 daily minimum. n order to meet, confer, and

appropriately bargain impacts the Union must know what the Districts proposal o change

is going to be. It is difficult at this time to address all possible impacts without the

information pertaining to changes to policies and operations. Please provide in advance

o our meeting the District's proposals within a reasonable time frame to allow us to

schedule subsequent meetings.

2 17 Between mid-November and December 31,2013, the Union and Weninger

exchanged e-mails and other correspondence that discussed the duty to bargain, possible meeting

dates, and the Union's request for information that would enable it to intelligently and

meaningfully bargain over any possible staffing reductions. Weninger insisted that the Union



meet with him right away to bargain over possible ideas, but the Union indicated it could not

make any of the dates he proposed work (because of other bargaining obligations and the

holidays) and that it would have to obtain the information it had asked the District to provide

before it could bargain in any meaningful way.

2 18 Thus, by letter dated November 19, 2013, the Union asked the District to provide

the Union with information by which the Union could consider proposals to reduce staffing.

Smith, wrote, in relevant part, as follows:

Pursuant to the Public Records Act RCW 42.56) and RCW 41.56 (Public Employees

Collective Bargaining), Labor requests the following information;

1 Documents and records related to all notes, e-mails, written analysis ,

internal documents, meeting minutes, and correspondence generated from

the Board of Fire Commissioners, Fire Chief, Assistant Chief, Deputy

Chief, R Manager, Division Chiefs, the Battalion Chiefs, and staff as

they relate to any reduction in minimum daily staffing from 19, overtime

analysis, safety analysis, and studies

2 Documents and records related to all notes, e-mails, written analysis ,

internal documents, meeting minutes, and correspondence generated from

the Board of Fire Commissioners, Fire Chief, Assistant Chief, HR

Manager, Deputy Chiefs, Division Chiefs, and the Battalion Chiefs wherea reduction in minimum daily staffing from 19, overtime analysis, safety

analysis, and studies have been mentioned

3. Any correspondence received from the state, county, or any regulatory

office regarding budget. Particularly vacation and sick leave bank funding

requirements and fiscal budget obligations and requirements.

2 19 By letter dated November 25, 2013, the District indicated that it could not provide

the information requested by the Union until March 1 2014, but that it would provide documents

as they became available. n order to allow the Union to provide feedback on possible ideas, it

asked Weninger to facilitate a much faster response to the Union s information request. He

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refused to do so.

2 20 n order to make it clear that the Union was unwilling to waive any collective

bargaining rights on the staffing issues it, once again, by letter dated December 3, 2013, told

Weninger that it wanted to bargain both any decision to implement any staffing reduction and

any related impacts or effects, and reminded Weninger that the Union could not provide

meaningful responses to any staffing issues until it received the information it had requested

from the District.

2 21 The District s first document production did not take place until December 19,

2013, and then it was only a limited, partial response to the Union s request. To date the District

has not yet fully complied with the Union s information requests. n fact, y e-mail dated March

3, 2014, the District told the Union that it would not provide further information and records

related to the unit staffing issues until April 1 2014. The District s refusal to provide relevant

information requested y the Union, in a timely manner that would have allowed the Union to

meaningfully bargain over the proposed staffing reductions, constitutes a failure to bargain in

good faith and a refusal to provide information requested by the Union in a timely manner.

2 22 Despite the fact that the Union had repeatedly asked the District to bargain any

staffing reduction before one was implemented, and that it was prepared to engage in such

bargaining once the District provided the information the Union had requested, Weninger

unilaterally implemented a policy to periodically de-staff Engine 64 and Aid 64 on January 1

2014 in order to save the overtime costs of staffing other units elsewhere in the District.

2 23 A consequence of the periodic de-staffing Engine 64 is that fire engine response

times to structure fires in Station 64 s area, and to its adjoining response areas, have been

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increased substantially enough to cause a decrease in firefighter safety for the reasons identified

above. At a November 12, 2013 meeting o the Board o Fire Commissioners, Weninger

admitted that a consequence o reduced daily staffing from nineteen to seventeen will increase

fire department unit response times. n fact, by de-staffing Engine 64 the response times to fires

within Station 64's response area, and to its adjoining areas, have increased by enough minutes to

adversely effect the safety and workload o bargaining unit members (for all o the reasons

discussed above). n an e-mail between Leslie Kelly o the Central Kitsap Reporter dated

November 15, 2013, Weninger admitted that Which staffed units are available could mean

longer travel times .

2 24 Weninger maintained that he needed to implement the periodic de-staffing o

Engine 64 and Aid 64 in order to avoid filling other positions elsewhere in the District with

overtime. His unilaterally implemented plan was to rove the Company Officer and/or

Apparatus Operator assigned to Engine 64 and Aid 64 to staff other units in the District as

needed to avoid the overtime necessary to otherwise staff those units.

2 25 Roving is the practice o moving a firefighter around from one station to the

other in order to fill vacancies that may occur s a result o permanently assigned firefighters

being absent from work because o things such s vacations, holidays, sick leave, or training

assignments. For the reasons discussed immediately below, roving is considered to be an

undesirable assignment.

2 26 Firefighters prefer not to rove because they value the opportunity to be

permanently assigned to a particular fire station. For example, a permanent assignment to a fire

station allows a firefighter to keep in one place his or her equipment, personal belongings, or the

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food to be consumed during a tour o duty (it is a burden to have to cart these items to other

locations on a rotating basis), a permanent assignment allows a firefighter to be much more

familiar with the streets, buildings, or high risk structures or areas within their station's response

area (thereby increasing their safety and making the work they perform much easier to

accomplish), and i one has to drive from one station to another during a tour o duty he or she

incurs additional time, inconvenience, and costs associated with doing so.

2 27 One o the benefits o being promoted to the position o a Company Officer or an

Apparatus Operator, is that he or she is permanently assigned to a fire station and is not required

to rove.

2 28 When Weninger implemented the policy on January 1 2014 that required the

bargaining unit members permanently assigned to Engine 64 and Aid 64 (i.e. the Company

Officer and/or the Apparatus Operator) to rove, he removed from them a benefit and a favorable

working condition.

2 29 Firefighters who are assigned to the same fire station as their own Company

Officer or Apparatus Operator value the opportunity to fill in for either o these two individuals

when they are absent from duty (commonly referred to as Acting ). Acting as a Company

Officer or an Apparatus Operator means the Actor is paid additional compensation for

performing that work and he or she gains valuable experience and training that improves his or

her chance o later being promoted. Weninger's implementation o the policy requiring the

Company Officer or Apparatus Operator permanently assigned to Engine 64 and Aid 64 to rove

to fill these positions, when the normally assigned Company Officer or Apparatus Operator is

absent from duty, deprives these members o the opportunity to Act in their own stations. It has

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the additional burden of requiring these Firefighters to then rove to other stations when they

otherwise would not have been required to do so (i.e., because they are displaced by the incoming

Company Officer or Apparatus Driver).

2 30 The de-staffing of Engine 64 and Aid 64 has another detrimental effect on the

working conditions of bargaining unit members who are assigned to Station 64. That is, by

practice, bargaining unit members enjoy the ability to obtain early relief from members who

are corning on duty in the morning. The early relief is often scheduled in advance so a member

can be relieved from duty for a variety of important personal reasons (e.g., take kids to school,

catch an airplane, go to the doctor, etc.). f a firefighter assigned to work a unit somewhere else

in the District calls in sick, and the District de-staffs Engine 64 and Aid 64 so those assigned to

those units can rove to another station, the firefighter who was to provide early relief is diverted

from working at Station 64, thereby depriving the member at Station 64 on that day of previously

scheduled early relief.

2 31 There is a Captain assigned to Station 64 that has the additional responsibility of

overseeing matters related to the station itself (e.g., ordering supplies, assuring that safety

inspections of equipment or facilities are accomplished, assuring the readiness of the apparatus in

the station, etc.). When the Captain is required to rove, which could involve being away from the

station for extended periods of time, he or she is unable to fulfill those responsibilities (or will be

held accountable for them even though he or she is not being given the same amount of time to

accomplish those duties than he or she would have had but for being required to rove to other

stations).

2 32 Additional workload and safety issues arise because when crews are not staffing



the engine and other rigs at Station 64 important rig checks are not getting accomplished.

Station 64 houses a fire engine, an aid car, and a Tender. Weekly checks are to be performed

on all o these rigs on Monday, Tuesday, and Wednesday. When these units at Station 64 are de

staffed, crews that subsequently staff these pieces o equipment will have to do all o the weekly

apparatus inspections on the day they return. This is not done with respect to other units in the

District where normal staffing levels are maintained.

2 32 There are resident firefighters (i.e., non-paid firefighters) who reside at Station

64 and respond to emergency incidents along with paid crews. These resident firefighters are

currently supervised by a career Company Officer who works at Station 64. With the unilateral

implementation o periodic de-staffing o Engine 64 and Aid 64, that supervisory work is being

removed, diminished, or transferred to others because the Company Officer is no longer assigned

to Engine 64 or Aid 64 all o the time.

2 33 De-staffing o Engine 64 and Aid 64 has occurred since January 1, 2014 as

follows:

Full shift closures: January 8 18, 29, 31; February 4,5,6,7,9,13,18,20,28; March 1.

Partial shift closures: January 19, 25, 27; February 10, 11; March 2.

2 34 The frequency o de-staffing Engine 64 and Aid 64 will increase substantially in

the corning months because it is during these months that more bargaining unit members take

annual leave time off (because o desirable spring and summer weather). The increased number

o members o on these days increases the frequency o de-staffing Engine 64 and Aid 64.

2 35 Even i it were true that the District had the right to unilaterally implement the

periodic de-staffing o Engine 64 and Aid 64, which it did not, the District has still committed an

12



unfair labor practice because, against the Union s objections, Weninger implemented the staffing

reduction before bargaining over the effects that such decision had on mandatory subjects of

bargaining (e.g., all of those mentioned above and the effect on various operational policies and

procedures that have also not yet been addressed).

3. UNILATERAL ELIMINATION OF ANNUAL LEAVE CARRY OVER RIGHTS

UNILATERAL IMPLEMENTATION OF A POLICY THAT REQUIRES

BARGAINING UNIT MEMBERS T FORFEIT ACCRUED ANNUAL LEAVE

AND BAD FAITH BARGAINING.

3.1 Throughout the latter part of 2013 and the first part of 2014, the Union and the

District have been engaged in collective bargaining to establish the terms and conditions of a

collective bargaining agreement to succeed the one that expired on December 31 2013. Since at

least November of 2013 the parties have been actively engaged in mediation to resolve their

outstanding contractual disputes.

3.2 During those negotiations, and during mediation, the parties have exchanged

proposals on what terms, rights, and benefits shall be included in the Annual

Leave/Compensatory Time article in the collective bargaining agreement (Article 12). During

those negotiations the District has proposed to amend the contract to reduce the number of

annual leave hours bargaining unit members are allowed to carry over into a subsequent year.

With slight modifications, the Union has proposed to keep the current contract language.

3.3 Under the current status quo practice, and pursuant to the terms of the collective

bargaining agreement (Article 12), bargaining unit members are allowed to carry over from one

year to the next twice the total amount of annual leave accrued in the current calendar year. By

practice, and current contract language, the annual accrued leave that can be carried over has

3



always included the one hundred and eight (108) annual leave hours credited to the employee's

annual leave account on January 1st of each year in lieu of being required to work the holidays

listed in Article 12

3.4 On February 20, 2014, both the Union and the District exchanged what if

proposals directly related to this subject. n addition, the Union had, over time, expended a great

deal of effort to explain to Weninger (who, as a relatively new fire chief, has limited experience

on how the status quo practice has historically worked with respect to this benefit) that annual

leave hours accrued in lieu of holidays were part of the annual leave balances that can be carried

over year-to-year.

3.5 When it carne to light that some members had unintentionally accumulated more

annual leave carry over hours than allowed, Weninger announced that these bargaining unit

members would have to forfeit these hours. Never before had bargaining unit members been

required to forfeit annual leave hour accumulations. The Union objected to any such forfeiture.

3.6 Notwithstanding the foregoing bargaining history and status quo practices, by

Department Directive #DD 14-002 (Ex. 3) Weninger unilaterally, and without bargaining as

required by law, and in circumvention of the ongoing bargaining process over the topics covered

by this Directive, implemented a policy that prohibits bargaining unit members from carrying

over the one hundred and eight (108) annual leave hours credited to the employee's annual leave

account on January 1st of each year in lieu of holidays.


Department Directive #DD 14-002, dated February 25, 2014 (Ex. 3), Weninger unilaterally,

without bargaining as required by law, and in circumvention of the ongoing bargaining process

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over the topics covered by this Directive, implemented a policy that now requires bargaining unit

members to forfeit any annual leave hours that exceed those hours a member is otherwise

allowed to carry over. The Union had proposed a solution on how this matter could be resolved,

but Weninger unilaterally rejected that approach.

4. UNILATERAL IMPLEMENTATION OF SCBA MASK/HEPA FIT TESTING

DUTIES AND RESPONSIBILITIES, DIRECT DEALING WITH BARGAINING

UNIT MEMBERS, AND BAD FAITH BARGAINING.

4.1 During the bargaining process described in paragraph 3.1 above, the parties have

been negotiating over whether certain bargaining unit members would be allowed and/or required

to perform SCBA Mask/HEPA Fit Testing for various paid and/or volunteer firefighters. In

addition, the parties were bargaining over which of those members would be compensated for an

increase to their work responsibilities and workload for such duties and how much the relevant

compensation would be.


Department Directive #DD 14-001 dated February 25, 2014 (Ex. 4), Weninger unilaterally,

without bargaining as required by law, and in circumvention of the ongoing bargaining process

over the topics covered by this Directive, implemented a policy that requires personnel who

previously were not required to perform SCBA mask/HEPA Fit Testing to now do so. These

duties have also been imposed without any increase in compensation for such additional duties

and responsibilities and without being provided the training necessary to perform these functions.

4.3 As evidenced by an e-mail dated March 4, 2014 (Ex. 5), at a Battalion Chief

meeting on March 4, 2014, the District circumvented the Union as the authorized exclusive

bargaining representative, and has begun dealing directly with bargaining members on the type,

5



nature, scope, and configuration o the plan to implement the SCBA Mask HEP A Fit Testing

program. That e-mail states as follows:

All,

The recent Department Directive regarding SCBA testing stated that Fit Testing and

record keeping would be done by the line staff under the direction o Captain Twomey.

At the BC meeting today we discussed this issue corning to no conclusion as to what

extent line personal were going to do this work nor did we have a plan to get it done.

Because the directive states it is to be done, "under the direction o Captain Twomey"

Brett and I met with Force in effort to get more info and discuss a plan

Apparently the persons that used to do SCBA FIT testing for volunteers, Chuck Shaw and

Gene Ellis are gone and the only one left is Ed Scholfield who has limited time to do it.

Force has learned how to do it to some degree and said he will help for now but has been

told that he isn't going to be doing it as a long term plan. We felt that Wednesday nightswould be the best time to do FIT testing for volunteers with times limited from 4 to 8 in

March and April. Force stated he would organize sending companies to get tested from

56 or 4 and would call 56 with times so they didn't have to wait for no one to show up

and could start up the machine ahead o time.

Although Brett was mentioned in the Chiefs directive, this program is run primarily by

Scott, Beau and the other officers and testers at 56. Brett will discuss this proposal

with Scott and Bill for input Obviously Brian and Mike should have input too

Emphasis added

5 0 SKIMMING OF BARGAINING UNIT INFORMATION TECHNOLOGY WORK

AND REFUSAL TO BARGAIN

5 1 Since 1993, bargaining unit member Captain Dave Tucker ("Tucker") did all o

the Information Technology work for the District, which allowed him to work approximately

1,000 hours o overtime per year. The work included at least the following:

5 1 1 The responsibility and privilege o having access to all electronic records

and computer related information o the District;

5 1 2 Computer Server maintenance

5 1 3 Purchasing and maintenance o Mobile Computer Terminals located in fire

16



department units, including trouble shooting and relevant software and

equipment purchases.

5.1.4 Purchasing and updating o all District software.

5.1.5 Budgeting and orderingo

equipment and necessary supplies for ITpurposes.

5.2 As a result o Weninger's State o the District presentation in November o

2013, the Union became aware that Weninger desired to hire a new Information Technology

Manager. The Union opposed the creation o such position due to proposed budget cuts that

would decrease line firefighter staffing. The Union told Weninger and other District officials

that it saw no need for such new position as the work that would be assigned to that position was

already being performed by Tucker.

5.3 The Union asked Weninger to bargain over any decision or effects related to the

creation o any such position, but Weninger refused to engage in bargaining as requested by the

Union.

5.4 Despite the Union's bargaining request, on March 10,2014, the Board o Fire

Commissioners approved the hiring o an individual to fill a new IT Program Manager

position, effective retroactively to March 3, 2014 (Ex. 6). As part o that action, the District has

unilaterally, and without bargaining as required by law, transferred most, i not all, o the work

previously performed by Tucker to the new IT Program Manager position.

6.0 DISCRIMINATION RETALIATION AND INTERFERENCE WITH

PROTECTED ACTIVITIES.

6.1 Protected Activities:

6.1.1 Union members, including Smith, have sought to improve their working

7



conditions and positions at the bargaining table on the firefighter safety and workload issues

discussed above by waging a multi-faceted and organized effort to accomplish those goals. Such

activities have included various methods designed to highlight and expose the increased response

times of Engine 64 and Aid 64, and of the units that adjoin Station 64's area, due to Weninger's

decision to periodically de-staff Engine 64 and Aid 64. n essence, the Union has launched a

minutes matter campaign by which it has sought to rally support amongst its members, District

officials, and the public to fight for the restoration of the staffing of Engine 64 and Aid 6 -

because a failure to do so adversely affects firefighter safety and workload.

6 1 2 As part of this effort, Smith has, among other things: (1) made a presentation to

the Board of Fire Commissioners on November 12, 2013 imploring them not to reduce staffing,

contrary to Weninger's proposal, (2) circulated informative and urgent updates to his members in

order to keep them apprised of Weninger's efforts and actions to reduce staffing, (3) sent

multiple letters and e-mails to Weninger asking him not to reduce staffing unless and until he has

fully bargained with the Union (asking him repeatedly to propose some type of plan for doing

so), (4) made broad document and information requests to the District on budgetary, staffing, and

related operational issues, (5) asked Union members who sat on the District's Safety Committee

to voice their concerns over the safety and workload issues related to de-staffing Engine 64 and

Aid 64, (6) filed a successful grievance on January 8, 2014 (Ex. 7a), that effectively foreclosed

Weninger from implementing a staffing reduction contrary to the terms of a previous

Memorandum of Understanding between the District and the Union (Ex. 7b , (7) fought an effort

by Weninger to create a new Administrative Lieutenant position because it would drain financial

resources away from the District that could be better used to fund firefighter operational staffing,

18



(8) opposed Weninger's attempt to create a new Information Technology Manager position

because it would drain financial resources away from the District that could be better used to

fund firefighter operational staffing, and (9) sent letters to the Kitsap Fire Watch website and the

Central Kitsap Reporter entitled Minutes Can Make The Difference wherein Smith highlighted

two specific emergency response incidents showing that fast response times from Station 64 units

made a positive difference between life and death (arguing that had Engine 64 or Aid 64 been de-

staffed that the no such fast response would have occurred). Exs. _

6.1.3 As part o the effort described above, the Union has taken advantage o the

opportunity to voice its concerns on a website called the Kitsap Fire Watch, which, among

other things, provides a vehicle by which the Union can advance its efforts to: (1) cause the

District to restore Engine 64 and Aid 64 staffing, and to discourage the District from taking any

further actions to de-staff other units, and (2) to improve the likelihood that the Union's

bargaining efforts will be successful in restoring unit staffing and preventing any such future

reductions.

6.1.4 Weninger has made statements, and taken other actions, that show he

believes that the Kitsap Fire Watch website was established by the Union s a tool to resist the

staffing reductions that he has implemented and that he threatens to reduce in the future.

6.1.5 The Central Kitsap Reporter and the Kitsap Sun are public newspapers

unrelated to the Union.

6.2 Unlawful Interrogation Discriminatory Actions Threats o Force Reprisal

Disparaging Remarks Monitoring o Union Activities and Discouraging

Bargaining Unit Members From Engaging in Protected Activities.

6.2.1 The District took unlawful actions against Smith and others for engaging

19



in protected activities as follows:

6.2.2 n November 11 2013, without ever notifying the Union, Weninger

announced that he was creating a new Administrative Lieutenant position. By e-mail later that

day, Smith asked Weninger to withdraw the announcement and bargain over it as required by

law. Weninger refused to do so, assigning a lieutenant rank to the new position and

implementing a related job description. ee Ex. 8

6.2.3 Subsequently, Weninger was effectively prohibited from implementing

that position because the Union refused to let him utilize an expired lieutenant promotional list to

fill the position. As a result, Weninger intentionally disparaged Smith to the Union members

who stood to benefit by a promotion to the Administrative Lieutenant position (Owen Rhodes,

Chris Bigelow, and Amanda Rohr). Weninger told these members that they should blame the

Union (and by implication, Smith) for not having the opportunity to get promoted to this

position. Each of these members report that Weninger expressed great hostility towards Smith

for his assertion of the Union's collective bargaining rights, so severe in fact that Amanda Rohr,

who was a good friend of Smith, called Smith and stated, So the Union fucked me.

Weninger's actions in this regard reflects union animus, amounts to retaliation for the filing of a

grievance, and unlawfully disparaging a union official for the performance of his duties.

6.2.4 n or about January 1 2014, the Union posted a sign in front of Station 64

asserting, by its design, that Weninger had upside down priorities when it carne to de-staffing

the units housed at Station 64 (the word priorities on the sign was written upside down).

6.2.5 Stories about the sign ran in the widely circulated Kitsap Sun and the

Central Kitsap Reporter. Exs. 9 and 10

20



6 2 6 n mid-January Smith drafted a Fact Sheet about the staffing and budget

related issues, attached a photo of the sign with a car accident showing in the background (the car

accident was happenstance), and sent it to the KFW, which was subsequently posted on that site.

Ex. 11.

6 2 7 On January 14, 2014, Lavato launched a campaign to find out who was

behind the posting of the upside down priorities sign, and in particular he wanted to know who

took the picture used in the KFW report. Lavato told employees that Weninger was upset about

the picture.

6 2 8 Thus, at approximately 9:00a.m. on January 141h Lavato asked all of the

District's company officers to ask each of their crew members whether they knew who took the

picture. Lavato also wanted to know who the administrator of the KFW website was.

Weninger's and Lavato's investigation, which in essence was a bald attempt to intimidate

bargaining unit members who had anything to do with the Union's campaign to highlight its

concerns about staffing, caused a widespread sentiment that if one wanted to protect his or her

job they should have nothing to do with the Union's campaign. Weninger's surveillance of the

Union's activities did not stop there.

6 2 9 On or about February 3rct Smith sent a report to the KFW that was

intended to highlight how much faster the response times were to emergencies when the units in

Station 64 are properly staffed. The report, entitled Grover Ln. Cardiac Arrest (Ex. 12

Grover Lane ), was essentially quoted verbatim from a report that was provided to Smith, in his

capacity as a Union Vice-President, by another bargaining unit member (Justin Brown). Brown

had been told to write the report by Battalion Chief Hostetter, one of his supervisors. Hostetter

21



knew that the report had been sent to Chris Bigelow, a Union shift representative, and Smith in

his capacity as the Union's Vice-President. See Ex. 13.

6.2.10 Hostetter told the District that he asked Brown to write the report, that he

knew that Smith had received it, that he felt it looked essentially like a press release, and saw

nothing wrong with disseminating it to the Union.

6.2.11 Notwithstanding that Hostetter, a high ranking Battalion Chief, felt it was

appropriate for Brown to give it to Smith, and that he regarded it as a typical press report,

Weninger decided to treat it as an unlawful release of medical information protected by the

Health Insurance Portability and Accountability Act of 1996 ( HIPPA ).

6.2.12 Weninger believed that the Union was behind the KFW website. Thus, on

the day the Grover Lane report was posted, February 4, 2014, Weninger asked one of his District

employees named Ileana LiMarzi to provide him with the weblink to the KFW and a computer

screenshot of the Grover Lane report. Ex. 14 By e-mail dated February 5, 2014, Weninger also

asked LiMarzi to continue to monitor Kitsap Fire Watch and their Facebook page. Ex. 15.

Board Chairman David Fergus said the same, management needs to be vigilant in monitoring

both of these sites. Ex. 16

6.2.13 Weninger's animus towards, the KFW website, which he believed was a

tool of the Union, is illustrated by the following:

6.2.14 On February 4, 2014 he discovered that the Grover Lane report was up on

the KFW website. On February 51h he sent a highly intimidating letter to the KFW stating, in its

entirety as follows:

22



February 5, 2014

Kitsap Fire Watch

www kitsapfirewatch.org

Sent y e mail to kitsapfirewatch@ gmail.com

Dear Kitsap Fire Watch:

This letter constitutes a demand by Central Kitsap Fire Rescue that you

immediately cease and desist from publishing confidential medical information regarding

District patients. Your disclosure is located on the internet at

http://kitsapfirewatch.org/front-page.html and is titled Grover Ln. Cardiac Arrest.

The federal Health Insurance Portability and Accountability Act (HIPAA), 42

USC §1320D-6(a), prohibits knowingly obtaining and disclosing individually identifiable

health information without authorization. Individuals who violate HIP are subject tocivil fines up to $250,000 and criminal imprisonment for up to ten years. 42 USC

§1320D-6(b). Health information is not de-identified under HIPAA except in

accordance with certain conditions, including a determination by a qualified statistician

that the information cannot identify a patient and removal of all potentially identifying

information such as dates of care and all geographic subdivisions smaller than a state. 45

CFR §164.514.

You are hereby on notice that you have obtained and are disclosing confidential

District identifiable patient medical information without District authorization and your

publication of it on your website is in violation of HIP which exposes you to criminal

and civil penalties. The District hereby demands that you remove the information fromyour website and any other publications where this information may appear immediately.

Should you refuse, the District reserves the right to pursue all available remedies against

you to the fullest extent of the law.

In addition to your violation of HIP AA, your actions are a violation of

Washington State law for municipal officers to disclose confidential information gained

by reason of their office. RCW 42.23.070(4). t is also a class C felony for any person to

willfully and unlawfully remove a public record from a public office. RCW 40.16.010.

Sincerely,

Scott Weninger

Ex. 17, Emphasis in original.

3



6 2 15 n February 7, 2014, Weninger knew that the Grover Lane report was

posted on the Central Kitsap Reporter website. The report remains posted at

http://www centralkitsapreporter com/news/24403 3611.html.

6 2 16 To date Weninger has never sent the Central Kitsap Reporter the same

letter he sent to KFW, as set forth in paragraph 6.2.14.

6 2 17 n February 6, 2014, Weninger launched an investigation of Smith s role

in acquiring and disseminating the Grover Lane report. The disciplinary investigation, and

subsequent actions taken by Weninger against Smith, were a pretext to a vigorous plan to

intimidate, retaliate, and discriminate against Smith for engaging in protected activities.

6 2 18 The aberrant nature of Weninger s course of action is profound. Unlike

any normal investigation into alleged employee misconduct, which would follow a logical course

of gathering information from all sources and individuals, which normally takes a substantial

amount of time and review in order to allow for a fair and reasonable outcome, Weninger

followed no such course.

6 2 19 The longstanding practice, and policy, of the District s to include an

employee s immediate and intermediate supervisors in the disciplinary and investigative process.

n Smith s case, that would have meant that his immediate company officer would have reviewed

the matter with him and sought to document relevant facts. Moving further up the chain of

command, normally a Battalion Chief would have provided input, guidance, and investigate the

matter further as necessary. n this case Battalion Chief Hostetter would have been a logical

person to involve in the investigation because he was the one that told Brown to draft the report

and to disseminate it to others, knowing that it was also going to Smith and Chris Bigelow, both

24



Union officials. Hostetter was never consulted in the process until after Weninger had already

made a decision that discipline was, in his view, warranted. Even then, he only had Hostetter

interviewed after the Union's counsel pointed out that defect to Weninger at Smith's Loudermill

meeting.

6.2.20 Here is how the investigation and disciplinary process took place:

1 February 4, 2014, Weninger sees the Grover Lane placed on the KFW

website. By 10:00 a.m., Weninger has one o his human resources

employees contact the District's labor attorney (Sofia Mabee) for advice

(the 11:36 a.m. e-mail sent to Mabee had attached to it a document that

dealt with an employee's pledge to not disclose confidential patient

information, Ex. 18). This lawyering up on the labor issue took place

before Weninger had heard from anyone directly involved in the matter(e.g., Smith, Smith's supervisor, Brown, and Hostetter).

2 February 5, 2014 Unbeknownst to Smith, Brown, their immediate

supervisors, and Hostetter, Weninger launches an investigation.

3 February 6, 2014, on one hour 's notice, Smith and Brown were called

into Lavato's office for a disciplinary investigative interview (Exs 19 and

20 respectively) where he was immediately read his Garrity Warning

which declares, your statements cannot be used against you in any

subsequent criminal proceedings. Ex. 20. The Garrity Warning is

normally only given to an employee that could be facing criminal charges.

Weninger was going after Smith.' His letter to KFW said that your

actions are a violation o Washington State law for municipal officers

and that when a municipal officer discloses confidential information he

or she is subject to a Class C felony conviction.

The letter to KFW dealt with the potential liability o an employee that

works for a HIPPA covered agency. KFW is not a HIPPA covered agency.

Thus, Weninger was directly threatening Smith that he could be facing

More broadly, because Weninger regarded the KFW as a Union controlled entity, he was going after the

Union as an organization as well.

25



criminal charges for publicizing the Gover Lane report.

Weninger's allegation that Smith disseminated a HIPPA protected report

was simply a pretext to harass and intimidate Smith for engaging in

protected activities.

4. February 7, 2014 Smith was are given a Loudermill letter telling them

that his anticipated disciplinary action in this matter [will be] up to and

including termination. Ex. 21. A Loudermillletter is normally issued

after an investigation has been completed and the employer has come to a

decision on what the discipline should be imposed.

6.2.21 At this juncture Weninger was discriminating against Smith because, even

though Brown was the principle author o the report, and gave it to the Union as an outside

entity, Brown was told he would only be subject to a written reprimand. Ex. 22. Smith was told

that he could be terminated for his actions. Ex. 21.

6.2.22 After completion o the District's process, on March 13, 2014, Brown was

only given a written reprimand (Ex. 23). Smith was given three twenty-four hour shifts o

without pay (Ex. 24 . n another sign o overt discrimination, Smith was told that he would have

been terminated but for the sole fact that he pointed out that he had no knowledge that what he

disclosed was supposedly HIPPA protected. No such threat was made against Brown, even

though Weninger concluded about him that, As a highly trained Paramedic, you are or should

be intimately familiar with medical privacy concepts and the laws regarding HIPPA. n

other words, according to Weninger Brown actually knew, or should have known, that the report

The assertion that the Grover Lane report contained HIPPA protected information is simply not true. It

contains information that under industry and District standards is not treated as HIPPA protected. The District even

allows newspaper reporters to ride along with emergency medical aid units to directly witness its employees

gathering specific medical information from patients, without having the reporter sign non-disclosure agreements and

without the permission o the patient being treated. See e.g. Ex.27 (a Central Kitsap Reporter article from

November I, 2013 shows that the District 's Public Information Officer, Ileana LiMarzi, per the Dist rict 's normal

policy, allowed reporter Seraine Page to witness a patient evaluation on an aid call responded to that day.

26



was HIPP A protected, but he did not threaten him like he did Smith.

6 2 23 At this juncture Weninger was discriminating against Smith because, even

though Hostetter directed Brown to draft and disseminate the report, and Repar (the District's

Privacy Officer) knew it had been disclosed to the Union, neither Repar or Hostetter had even

been interviewed, much less subjected to possible discipline.3 This is particularly egregious

when Brown was told on February 7, 2014, that the information contained in the Grover Lane

report should not have even been disclosed to any employees who were not involved in

providing care to the patients referenced. Ex. 22.

6 2 24 Weninger also discriminated against Smith when he took another

unsolicited action that had never been done before - he circumvented the duly appointed Union

representatives of the CKF&R uniformed bargaining unit, and sent information related to the

incident at hand to the Union's President Craig Becker, who does not even work for CKF&R.

Ex. 25 (showing materials that Weninger sent to Becker). Never before had Weninger, or any

other previous fire chief, circumvented the duly appointed Union official tasked with

representing the bargaining unit subject to his authority.

6 2 25 On February 61h 25th and March 11, 2014, Weninger and/or Lavato

unlawfully interrogated Smith about internal Union activities, requiring him to answer such

questions under penalty of discipline. n each case, Smith made it clear that he objected to such

interrogation on the basis that it was protected Union activity.

3After the Union pointed this out during Smith's Loudermill meeting, the District went back and

interviewed Hostetter, but told him even then that he was not going to be subject to any discipline. The District

cannot say that this was new information because it already knew that Hostetter had been in the loop on the

report' s disclosure. Ex. 13 (this February 1 2014 e-mail was given to the Union after t requested that the District

provide all information upon which it relied to decide that Smith should be disciplined).

27



6 2 26 The District's animus towards union activity extends beyond Weninger.

n an obvious attempt to put the Union in a bad light for engaging in normal collective bargaining

activities, i.e., gathering information to allow it to bargain with the District in a meaningful way

over the staffing issues, Board Chairman Dave Fergus complained to the press that the Union's

requests for information was costing the District a great deal o money. The Fire Officials Are

Leery o Records Request article quotes Fergus as saying:

Ex. 26.

Board Chairman Dave Fergus said he wants the district to keep track o all hours spent on

doing research on this request so that we are able to let our taxpayers know what

public records requests are costing

There will be a cost to that, so the budget needs to reflect enough legal counsel time todo that.

6 2 27 The District's actions as described above have been so severe that it has

sent the message that there is a high cost for engaging in activities protected by chapter 41.56

RCW. The message has been sent that one's employment is in jeopardy i one engages in

protected activities. n this case the evidence will show that this message has also caused

profound anxiety in family members who rely upon their loved ones for their family's economic

and emotional well being.

6 3 Causal connection

As demonstrated above, and as will be further established by the presentation o

witnesses and evidence at a hearing, Weninger's actions stem from Union animus and an effort

to make it costly for any Union representative, and particularly Smith, to engage in activities

protected by the terms o chapter 41.56 RCW.

8



7 0 Statutes Violated

RCW 41.56.140 1) 2) 3) and 4).

8 0 Status o Grievance

As o the date o filing no grievance has been filed. Complainant intends to file a

grievance shortly. But, in any event, due to the nature o the complaint, no deferral would be

appropriate.

9



REMEDY REQUESTED

As a remedy for the District s unlawful conduct s described above, the Union requests

that the Commission order the District to:

1 Restore the status quo practice in each o the areas described in the Statement of

Facts above and make bargaining unit members whole for all lost pay and benefits e.g.

compensation lost because o lost overtime or acting officer opportunities, and the unpaid time

off imposed on Smith).

2. Cease and desist from refusing to bargain s required by chapter 41.56 RCW and

from otherwise interfering, restraining, coercing or discriminating against employees who

exercise their rights under chapter 41.56 RCW.

3. Post appropriate notice.

4 Read aloud the Commission s remedial order at a regular public meeting o the

Board o Fire Commissioners, include a copy o the order in the District s minutes o the

meeting, and publish the notice in the Kitsap Sun, the largest local newspaper.

10.5 Provide any other relief that the Public Employment Relations Commission deems

appropriate to remedy the District s unfair labor practices, including costs and attorneys fees.



COLLECTIVE BARGAINING AGREEMENT

BETWEEN

CENTRAL KITSAP FIRE RESCUE

"v A\ @ \ t , , \ 1 .pl r tl

l ?

1 11 i i i : - , I

AND

INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS

LOCAL 2819

JANUARY 1, 2008 THROUGH DECEMBER 31, 2010)

With Attached MOU s ncluding 2011 2013 Extension



ARTICLE 1

ARTICLE2

ARTICLE 3

ARTICLE4

ARTICLE 5

ARTICLE 6

ARTICLE 7

ARTICLE 8

ARTICLE 9

ARTICLE 1

ARTICLE 11

ARTICLE 12

ARTICLE 13

ARTICLE 14

ARTICLE 15

ARTICLE 16

ARTICLE 17

ARTICLE 18ARTICLE 19

ARTICLE 20

ARTICLE 21

ARTICLE22

ARTICLE23

ARTICLE24

ARTICLE 25

ARTICLE 26

ARTICLE27

ARTICLE28

ARTICLE 29

ARTICLE3

ARTICLE 31

ARTICLE32

ARTICLE33

ARTICLE34

T BLE OF ONTENTS

RECOGNITION ................ ................ ................ ................ ............... ................ ................ ......... 2

NON-DISCRIMINATION ........................................................................................................ 2

DUES DEDUCTION ................................................................................................................ 2

DUTIES ............... ................ ................. ................ ................ ................. ................ ................. ... 2

TRAINING AND EDUCATIONAL REIMBURSEMENTS ................................................... 3

PROBATIONARY PERIOD .................................................................................................... 4

RIGHTS OF PARTIES ............................................................................................................. 4

LABOR/MANAGEMENT SAFETY COMMITTEE ........................................................... 4

SALARY ............... ................. ................ ................. ................ ................. ................ ................. 5

LONGEVITY ............... ................ ............... ................ ................ ................ ................ .............. 6

OVERTIME .............................................................................................................................. 6

ANNUAL LEAVE/COMPENSATORY TIME ........................................................................ 7

OTHER LEA YES ................ ............... ................ ................ ................ ................ ................ ...... 8

HOURS OF WORK ................................................................................................................ 10

IN-HOUSE JOB CLASSIFICATION TRANSFERS ............................................................. 1

UNIFORMS ............................................................................................................................ 1

INSURANCE BENEFITS ...................................................................................................... 11

SHIFT EXCHANGES ............... ................ ................ ................ ................ ................ .............. 11UNION BUSINESS ................................................................................................................ 11

SENIORITY ............................................................................................................................ 12

PROMOTIONS ....................................................................................................................... 12

MILEAGE ............................................................................................................................... 13

WORKING OUT OF CLASSIFICATION ............................................................................. 13

GRIEVANCE PROCEDURE ................................................................................................. 14

NEGOTIATION PROCEDURE ............................................................................................. 15

DISCIPLINARY PROCEDURES .......................................................................................... 16

LEAVE OF ABSENCE .......................................................................................................... 16

REDUCTION IN FORCE ................ ................. ................. ................ ................. ................. ... 16

SUCCESSOR=S CLAUSE ..................................................................................................... 16

SEVERABILITY .................................................................................................................... 16

ENTIRE AGREEMENT ......................................................................................................... 16

NOTIFICATION .............. ................ ............... ............... ............... ................ ............... ........... 17

DRUG/ALCOHOL TESTING ................................................................................................ 17

LATERAL TRANSFERS ................ ................. ................. ................ ................. ................. ... 1 7




BY AND BETWEEN

CENTRAL KITSAP FIRE & RESCUE

AND

I.A.F.F. LOCAL 2819

EFFECTIVE DATES

JANUARY 1 2008 THROUGH DECEMBER31 2010

THIS AGREEMENT is between CENTRAL KITSAP FIRE & RESCUE (hereinafter called the Employer or the District) and the

BARGAINING UNIT, LOCAL 2819, I.A.F .F. (hereinafter called the Union) for the purposes ofsetting forth the complete and

mutual understanding of those employees for whom the Employer has recognized the Union as the exclusive bargaining

representative.

1. ARTICLE 1 RECOGNITION

1.1. The District hereby recognizes the Union as the sole and exclusive bargaining representative for the purpose of

negotiations concerning salaries, hours of work, and other terms and conditions of employment for all full-time

uniformed employees. For the purpose of this Article, full-time uniformed employees shall mean career uniformedfirefighters, paramedics, lieutenants, captains, and battalion chiefs.

1.2. New employees shall, within thirty calendar (30) days from their date ofhire, either join the Union or contribute the

equivalent of he regular monthly dues to the Union or to a non-religious charity or to another charitable organization

mutually agreed upon by the employee and the Union.

2. ARTICLE2 NON-DISCRIMINATION

2.1. The provisions of his Agreement shall be applied equally to all employees in the bargaining unit without discrimination

as to age, marital status, race, color, creed, religion, national origin, mental, sensory or physical disability, gender,

sexual orientation, or union affiliation. The Union shall share equally with the District the responsibility for applying

the provisions of this Agreement.

2.2. Wherever words denoting a specific gender are used in this Agreement, they are intended and shall be construed to

apply equally to either gender.

3. ARTICLE3 DUES DEDUCTION

3.1. The District shall make deductions on a regular basis from a member's pay for the regular Union dues, providing such

member shall authorize such deductions, in writing, on a form to be filed with the Human Resources Division. The

District shall remit such deductions to the Union upon receipt from the Kitsap County Auditor' s Office. The Union

agrees to indemnify and save harmless the District from all liability resulting from the dues deduction system.

4. ARTICLE 4 DUTIES

4.1. t is agreed that all bargaining unit employees under this Agreement shall be subject to the position descriptions

maintained by the District. The District may amend the position descriptions during the term of this Agreement toreflect the best interests of the Department. The Union may demand, and the District shall enter, impact bargaining,

subject to identifying the impacts (wages, hours, and conditions ofwork) believed to have been created by any change

to a job description.


CENTRAL KITSAP FIRE RESCUE AND I.A.F.F. LOCAL 281 9May2 2011

PAGE3 OF24



5. ARTICLE 5 TRAINING AND EDUCATIONAL REIMBURSEMENTS

5.1. t shall be a condition of employment that paramedic and EMT positions require current documented certification in

Kitsap County per the CKFR position description.

5.2. t is further agreed that salary increases shall only be implemented after successful completion of the testing

requirements set forth in CKFR District Policy/Procedure Manual.

5.3. Probationary employees -salary increases shall only be after successful completion of the final probationary testing

with a score of seventy-five percent (75%) proficiency. Only one (1 retake examination within a two (2) week period

will be allowed, unless a mutually agreed upon time change is needed.

5.4. For non-probationary personnel, a successful completion of an examination shall mean a scoreofnot less than seventy

five percent (75%) proficiency. Two (2) retake examinations will be allowed should an employee fail the first

examination. The employee shall take the first retake test within fourteen ( 14) calendar days, and must meet or exceed

a score ofeighty percent (80% . If he employee fails to pass the second examination, he will be given ninety (90) days

to study without the benefit of a step increase, and then will be retested. The second retake examination must meet or

exceed eighty-five percent (85%) proficiency to qualifY for a step increase. Should the employee fail the second retake,

the employee must wait until their next anniversary date to be eligible to test again. A step increase shall only apply

after successful completion of any retake examination.

5.5. The District agrees to provide training and/or continuing education to on-duty personnel whenever possible to facilitate

recertification requirements of District personnel. Employees attending training off-duty necessary to maintainjob

required certification or training shall be compensated at the time-and-one-half rate for approved classes. Registration

and mileage (for out of town classes and when District vehicle is not available) shall be paid by the District for

approved classes.

5.6. Paramedics shall be compensated at the overtime rate for continued medical education while off-duty. Such overtime is

limited to fifty hours (50) annvally.

5.7. To encourage employees to continue to advance their knowledge and education in order to fulfill their assigned

responsibilities, the District shall reimburse the current calendar year 's tuition to any employee up to one thousand

dollars ($1000.00) annually for the successful completion of any job related curriculum. This shall include all classes

for the completion ofany job related degree (fire or EMS). These classes must be pre-approved by the ChiefTraining

Officer.

5.8. Educational programs will be approved in the following manner:

5.8.1. Supervisory education, for personnel in a supervisory position or on an eligible list for a supervisory position and

expected to be appointed in the near future, may be authorized. Programs must be in courses leading to a degree

in Supervision. Class attendance will be non-compensable time.

5.8.2.Employee development training may be authorized to any member who has completed probation. Employees are

limited to attending classes, colleges, or other accredited schools in the immediate area, or correspondence

courses when training cannot be obtained at local colleges. Courses must be of direct value to the District and

relevant to the employee's present duties or career objectives. Class attendance will be non-compensable time.

COLLECTIVE BARGAINING AGREEMENTCENTRAL KITSAP FIRE RESCUE AND I.A.F.F. LOCAL 2819May2 2011

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6. ARTICLE 6 PROBATIONARY PERIOD

6.1. The entry probationary period shall start on the first day of employment and continue for a period not to exceed 12

months following the successful completion of the Basic Firefighter Academy. Employees may be discharged at any

time during the probationary period, and such discharge shall not be subject to the grievance procedure. The

discharged employee may, however, request a review of he termination by the Board ofFire Commissioners.

6.1.1. Entry level employees shall attend the Basic Fi refighter Academy within twenty-one (21) days of employment

unless mutually agreed upon by the District and the Union.

6.2. There shall be a twelve (12) month probationary period for all promotions made within the bargaining unit. t is agreed

that the probationary period shall only relate to the rank and/or step for which the member is promoted.

7. ARTICLE 7 RIGHTS OF PARTIES

7.1. Rights of he Employee- The Union and employees represented by the Union shall have all rights as set forth in this

Agreement, and the Employer hereby acknowledges existence of he rights granted the Union and the employee by law.

7.2. Rights of he Employer- Subject to the specific provisions of his Agreement or applicable laws, the District shall have

the obligation, responsibility and necessary authority to operate and direct the affairs of he District in all of ts various

aspects, including, but not limited to, the right to direct the working forces; to plan, direct and control all operations andservices of the District; to determine the methods, means, organization and number of personnel by which such

operations and services are to be conducted; to promulgate, amend and enforce written procedures and standards of

performance; to assign and transfer employees; to determine whether goods or services should be made or purchased; to

hire, promote, and, with just cause, to demote, suspend, discipline, discharge or relieve employees; to make and

enforce reasonable rules and regulations; and to change or eliminate existing methods, equipment, facilities, or levels of

service.

8. ARTICLE 8 LABOR/MANAGEMENT & SAFETY COMMITTEE

8.1. Labor/Management Commi ttee- In order to improve employer/employee relations, both parties recognize the benefitof

labor/management cooperation in improving communication, addressing operational issues, and for providing a better

work environment. t is the intent ofboth parties to establish committees to address specific projects or areas ofmutual

concern as such needs are identified by the parties. The Committee will meet no less than once every three (3) months,

and both parties shall submit agenda items to be discussed in advance of such meeting. t is agreed that the

Labor/Management Committee shall have no collective bargaining authority and that understandings reached by both

parties will be supported by the parties. The Committee shall be composed ofequal representation from the Union and

Management (normally 3 and 3).

8.2. t is agreed that the District's Occupational Health and Safety Committee shall function in accordance with District

policy. t is further agreed that there shall be equal representation from the Union and Management on this committee.

8.3. Chain ofCommand- t is mutually agreed that issues or concerns relating to the District's internal chain ofcommand

may be a subject of discussion at the Labor/Management Committee.


CENTRAL KITSAP FIRE RESCUE AND I.A.F.F . LOCAL 2819

May2 2011

PAGE50F24



9. ARTICLE9 SALARY

9.1. The wages paid to employees in the bargaining unit shall be in accordance with the salary schedule in Appendix A.

9.2. The firefighter entry level will provide a permanent five (5) step process, and will begin at seventy percent (70%) ofthe

First Class Firefighter.

9 2 1 Upon successful completion of the Basic Firefighter Academy firefighter entry level will be compensated at

seventy-five percent (75%) ofFirst Class Firefighter.

9.2.2. Upon successful completion of the twelve (12) month probation period following the Basic Fire Academy, the

entry level firefighter shall be compensated at eighty percent (80%) of First Class Firefighter.

9 2 3 Upon successful completion of twenty-four (24) months of employment, the entry level firefighter shall be

compensated at ninety percent (90%) of First Class Firefighter.

9.2.4. Upon successful completion of thirty-six (36) months of employment, the entry level firefighter shall be

compensated at one hundred percent (100%) ofFirst Class Firefighter.

9.2.5. Entry level employees not attending Basic Firefighter Academy shall begin the step process at seventy-five percent

(75%) and provide a four step process.

9.2.5.1. All step increases shall be contingent upon testing as set forth in Section 5.4.

9.3. All employees certified as Paramedics, and working as Firefighter Paramedics, shall receive premium pay in the amount

of ten percent 1 0%) of heir respective wage rate. The premium pay shall be contingent upon maintenance ofa valid

Kitsap County paramedic certification and shall be considered as part of paramedic base pay. The District does not

utilize officers as paramedics.

9.4. Employees assigned to a forty (40) hour work week shall receive premium pay in the amount of five percent (5%) of

their respective wage rate. The premium pay shall be contingent upon maintenance ofa forty ( 40) hour work week as

defined in Article 1.2 and shall be considered as part of base pay. This does not apply to entry level probationary

personnel, light duty, temporary assignments 30 days or less, or on return to duty training.

9.5. Education Premium Pay Employees who have earned an Associates Degree in Fire Command Administration, Fire

Science, Fire Service Administration, EMS, or other emergency service related degree shall receive one hundred

twenty-five dollars ($125 for an AA degree; one hundred fifty dollars ($150) for a BA degree; or one hundred seventy

five dollars ($175) for an MA degree, which shall be added to the employee's monthly salary and is calculated into the

base hourly rate. This premium pay will begin the first ofthe month following approval and verification of he degree.

9.6. Effective January 1 2008, the Employer shall pay matching funds to the District 's deferred compensation program at

the rate of one dollar ($1.00) for every one dollar ($1.00) thatthe employee contributes. Such matching funds shall be

capped at three hundred dollars ($300.00) per month.

9.7. For the purpose of calculating the hourly basic rate ofpay, which shall apply to excess hours ofwork (overtime), the

established monthly salary as specified herein shall be multiplied by twelve (12) to obtain the annual salary, which shall

then be divided by the total number of scheduled work hours per year, as specified in the hours ofwork Article ofthis

Agreement.

9.8. Employees shall receive one paycheck per month (direct deposit) on the last working day ofthe month. A mid-month

draw is authorized by the Fire Chie f or designee up to a maximum offo rty percent ( 40%) of gross pay. Draw requests

or changes may be made upon thirty (30) days written notice and turned into the Fiscal Services Manager.

COLLECTIVE BARGAINING AGREEMENTCENTRAL KITSAP FIRE RESCUE AND I.A.F.F. LOCAL 281 9May2, 2011

PAGE6 OF 24



9.9. On January 1 2008 employees shall receive a 2% wage adjustment plus 100%of he 2007 CPI-U for Seattle, Tacoma,

Bremerton, June to June. On January 1ofeach subsequent year this Agreement is in effect, wages shall be increased in

an amount equal to 100% ofCPI-U for Seattle, Tacoma, Bremerton June to June. Said increase shall be no less than

three percent (3%) or more than five percent (5%).

10. ARTICLE 10 LONGEVITY

Longevity - All employees shall receive an additional pay increment as follows:

Total Years Service Additional Increment

Upon completion of 5 years 1%

Upon completion of 10 years 2%

Upon completion of 15 years 3

Upon completion of20 years 4

Upon completion of25 years 6

Upon completion of30 years 10%

11. ARTICLE 11 OVERTIME

11.1. FLSA overtime shall accrue to members of the bargaining unit who perform work in excess of their normal work

schedule that exceeds two hundred twelve (212) scheduled work hours per twenty-eight (28) day work period.

11.2. The overtime rate shall be one-and-one-half 1 1/2) times the basic rate of pay and may be taken as salary or

compensatory time earned. For overtime earned for periods before and after scheduled shifts, said calculations shall be

rounded in accordance with the de minimus rule as outlined in Section VII of the Fair Labor Standards Act.

11.3. Callbacks initiated by the District shall be compensated at the overtime rate for a minimum of wo (2) hours for each

occurrence outside of the member's regularly scheduled hours ofwork. The aforementioned two (2) hour minimum

shall not apply to members held over for an alarm past their scheduled shift or within two (2) hours prior to the start of

their next shift.

11.4. t is agreed that certain circumstances may exist from time to time necessitating mandatory coverage for full and/or

partial shifts. Overtime callbacks will be filled by like positions (e.g. company officer for company officer {captains

and lieutenants are company officers}, paramedic for paramedic, and firefighter for firefighter). Overtime callback

rosters shall be established and utilized by the District. Overtime callbacks shall function in accordance with District

policy.

11.5. Approval is granted for the accrual of overtime to a bargaining unit member who has been officially assigned or

otherwise authorized to represent the interests of Central Kitsap Fire and Rescue to a Kitsap County committee,

subcommittee, or recognized organization. Written approval by the Fire Chief or designee is required prior to such

member agreeing to serve on a committee that would establish overtime under this section. Specific approval is granted

to a member to serve on the County EMS, ALS, BLS, and CBD Quality Assurance Committees, Officer Meetings, and

Safety Committee. Overtime shall be paid for actual meeting time.

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CENTRAL KITSAP FIRE RESCUE AND I.AF.F. LOCAL 2819

May2, 2011



12. ARTICLE 12 ANNUAL LEAVE/COMPENSATORY TIME

12.1. Annual leave is accumulated from the first day of employment. Employees shall be entitled to annual leave with pay

after successfully completing probationary requirements.

12.2. Employees terminated during their probationary period will be paid for all accumulated annual leave on a pro-rata

basis.

12.3.Annualleave requests shall be completed by December 1 of each year. No more than one (1) years accrual may be

picked in the first round of selections. Requests to cancel annual leave or compensatory leave must be submitted no

less than 15 days prior to the cancelled day.

12.4. Annual leave requests not submitted during the annual leave selection process may be approved as short notice per

District policy.

12.5. Members may carry over from one year to the next twice the total amount of annual leave accrued in the current

calendar year. Forty-eight ( 48) hours of compensatory time may be carried over to the following year.

12.6. Employees who have had an annual leave request granted shall not be subject to recall or cancellation due to an

unscheduled overtime situation.

12.7. The following hours shall be credited to the employee s account the last day of each month:

Years of Months of Annual Number of Hrs earned Annual Number of- Hrs earnedservice service hours - Shift shifts per hours day 8 hr days per month

month shift

1-2 0-24 144 6 12.00 96 12 8.00

2-5 25-60 168 7 14.00 112 14 9.33

5-l 0 61-120 216 9 18.00 144 18 12.00

10-15 121-180 240 10 20.00 160 20 13.33

15-20 181-240 264 11 22.00 176 22 14.6720-25 241-300 312 13 26.00 208 26 17.33

25-30 301-360 336 14 28.00 224 28 18.67

30+ 361+ 384 16 32.00 256 32 21.33

12.8. The District recognizes the following holidays:

12.8.1. New Years Day; Martin Luther King Day; Presidents Day; Memorial Day; Independence Day; Labor Day;

Veterans Day; Thanksgiving Day; Day after Thanksgiving; Christmas Day; and Floating Holiday.

12.9. Daytime employees shall be entitled to the above listed holidays as a day offwith pay. If a holiday falls on a Saturday,

the preceding Friday shall be observed as the day off, and if he holiday falls on a Sunday, the following Monday shall

be observed as the day off.

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COLLECTIVE BARGAININGAGREEMENT

CENTRAL KITSAP FIRE RESCUE AND I.A.F.F. LOCAL 2819

May2, 2011



12.1 0. Shift personnel shall receive, in lieu of he above listed holidays, a total ofone hundred and eight ( 108)_additional

annual leave hours to be credited to the employee's annual leave account on January 1 of each year. Employees can

receive a cash payment up to ninety-six (96) hours pay to be paid on the last payroll day ofOctober in a special check,

or pro-rated as required in lieu of96 hours of holiday hours applied as annual leave. Employees may take this in any

combination of hours and pay in twenty-four (24) hour increments, and shall inform Human Resources in writing of

how this is to be paid prior to December 1 of the preceding year. Sold hours shall be deducted January 1 of

corresponding year.

12.11. Should an employee be transferred from a shift schedule to a daytime schedule, or vice-versa, for over 30 days

his/her annual leave balance shall be converted using the agreed upon conversion formula between the Union and the

Employer.

Years Months of Shift of Conversion Daytime of8 hr Conversion

of service Employees shifts factor shift to employees days factor days

service days to shift

1-2 0-24 144 6 0.667 96 12 1.500

2-5 25-60 168 7 0.667 112 14 1.500

5-10 61-120 216 9 0.667 144 18 1.500

10-15 121-180 240 10 0.667 160 20 1.500

15-20 181-240 264 11 0.667 176 22 1.500

20-25 241-300 312 13 0.667 208 26 1.500

25-30 301-360 336 14 0.667 224 28 1.500

30+ 361+ 384 16 0.667 256 32 1.500

12.12. Compensatory time off requests may be submitted per District policy with a minimumofeight (8) hour increments

for shift employees.

13. ARTICLE 13 OTHER LEA YES

13.1. Sick Leave - Bargaining unit shift personnel shall accrue sick leave at a rate of nineteen (19) hours per month and

bargaining unit day time ( 40 hour per week) personnel shall accrue sick leave at a rate of welve (12) hours per month,

to a maximum of one thousand four hundred forty (1440) hours for LEOFF 2 employees. On the date of hire, newemployees are advanced ninety-six (96) hours ofsick leave in their sick leave account. Additional leave is not accrued

until the sixth (6th) month of employment.

13.2. Retirement Compensation - Upon service or duty disability retirement or death, employees (or their dependent

survivors) shall receive compensation for accrued sick leave hours per the following schedule:

13.2.1. Twenty-five percent (25%) of current hourly compensation rate for the first five hundred (500) hours.

13.2.2. Fifty percent (50%) of current hourly compensation rate for five hundred one to one thousand (501-1000)

hours.

13 .2.3. Seventy-five percent (7 5%) of current hourly compensation rate for one thousand one to one thousand four

hundred forty 1 00 1-1440) hours.

13.2.4. In the event of a line of duty death, as defined by the Washington Department of Labor & Industries, one

hundred percent (100%) ofthe employee's sick leave shall be paid to the employee's dependent survivors or

estate.

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May2, 2011



13.3. Ifno sick leave is used within the calendar year (January 1- December 31), excluding bereavement leave, the employee

shall receive one (1) bonus day of vacation.

13.4. Sick Leave Procedure- Per District policy.

13.5. Bereavement Leave -Day shift employees shall receive five ( 5) calendar days offand shift employees shall receive two

(2) shifts off with pay in the event of death or serious illness in the immediate family, defined as spouse, child,

stepchild, mother, father, siblings, grandparents, current stepmother, current stepfather or in-laws (mother, father,siblings, grandparents) domestic partner, as set forth in SSB 5336, 60th Legislature, 2007 Regular Session. Time

allowed shall be deducted from an employee s sick leave account.

13.6. Emergency Leave- Employees whose presence is required due to an emergency situation, illness or injury of a member

of the immediate family, as defined in Bereavement Leave, shall be granted leave with pay, with the approval of he

Chiefor designee. Time allowed shall be deducted from the employee s sick leave account. Emergency Leave shall not

exceed twenty-four (24) hours per occurrence.

13. 7. Disability Leave (Duty Related)- Disability Leave (duty-related) shall be in accordance with RCW s 51,41 .04.500 to

41.04.550, and 41.26.470(2). Employees who are absent due to a duty-related illness or injury, for which they are

receiving State Industrial Insurance time loss benefit, will be charged sick leave on a pro-ra ted basis commensurate

with the above-referenced RCW s. In such case the employee shall be paid full salary and, on receipt of time loss

payments, shall forward such payment notices to Human Resources for the purpose of ime loss adjustment and sickleave buy back. The District and the Union hereby agree to the concept ofduty related leave and shall collaboratively

meet and research application and potential MOU.

13.8. Jury Duty is allowed to permit any employee to serve as a memberofajury. Each employee who is granted such leave,

and who receives any compensation for service, shall be paid by the Employer only that normal pay above what is not

compensated. The employee is entitled to all benefits earned while off-duty. If an employee receives a summons for

jury duty, the employee shall immediately advise the Fire Chief.

13.9. Military Leave- Military Leave shall be allowed to any employee attached to any military branch in accordance with

RCW 38.40.

13.10. Union Leave

13.10.1. All members of he bargaining unit agree to donate twelve (12) hours ofvacation or compensatory time, on the

I st ofJanuary each calendar year for the purpose ofa Union Leave@ bank. All executive board members in the

bargaining unit shall be entitled to use this bank of vacation for purposes relating directly to union business.

Reasons for use shall include but not be limited to union meetings, seminars, labor management meetings,

conferences, commissioner meetings, and other business deemed pertinent by the Union President or designee.

13.10.2. Union leave shall be taken in blocks of four hours or greater. t is recognized that on occasion Union Officers

may be called away for business that requires little or no notification. Examples of such times may include but

not be limited to Fire Fighter death or serious injury or disciplinary action requiring immediate action. In these

instances, union officers shall be able to utilize the short notice vacation policy guidelines for time off.

13.1 0.3. The Union agrees that only two members per shift per day will be authorized to utilize the union leave bank.

13.10.4. Union Leave shall be deducted from the union leave bank hour for hour as utilized. Hours used outside the

established staffing levels shall be deducted at one-and-one-half 1 1/2) hours per hour utilized.

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May2, 2011



13 .II. Court Leave - Court Leave is authorized to employees under subpoena who may be required to appear in court on

their time off as a direct result of proper activity as an employee of the District. Such authorized time shall be

compensated at the rate of ime and one-half for the actual hours requiring presence in court. The employee shall have

the responsibility to communicate with the court system to determine the actual time requiring their presence.

Compensation received for such court appearance shall be turned over to the District.

13.12. Limited Duty- t is agreed that a limited duty policy is mutually beneficial and shall be used in accordance withDistrict policy.

14. ARTICLE 14 HOURS OF WORK

14.1. Shift personnel work schedule is based on a work schedule equal to two thousand six hundred (2600) annual work

hours through the utilization ofthi rteen (13) Kelly ( K ) days, for an average of fifty (50) hours per seven {7 day work

week, and two hundred (200) hours in a twenty-eight (28) day work period. Said employees will normally work a

scheduleof wenty-four (24) hours on duty, twenty-four (24) hours offduty, twenty-four (24) hours on duty, forty-eight

(48) hours offduty, twenty-four (24) hours on duty, twenty-four (24) hours offduty, twenty-four (24) hours on duty,

ninety-six (96) hours offduty, as assigned by the Fire Chief. The Union and District agree that other work week hours

may be assigned to personnel in the best interests of he Department and/or employee. Members of he bargaining unit

shall have the ability to select their K days in advance, and shall do so no later than December 1 ofeach year. All

new employees shall have K days assigned during their first year.

14.2. Daytime personnel work hours will be based on an annual work schedule oftwo thousand eighty (2080) work hours for

an average offorty ( 40) hours per seven (7) day work week, and one hundred sixty ( 160) hours per twenty-eight (28)

day work period, and will normally work Monday-Friday from 0800-1700 hours. The District and the Union agree that

other work week hours may be assigned to personnel in the best interests of the Department and/or the employee.

14.3. Members shall receive at least thirty (30) calendar days' notice of any change from one work schedule or shift

assignment to another, unless mutually agreed upon, or because of utilization oflimited duty.

15. ARTICLE 15 IN-HOUSE JOB CLASSIFICATION TRANSFERS

15.1. Employees with three (3) years of service shall be able to transfer into other job classifications that become available

within the bargaining unit which are less than the employee 's current job classification. Employees requesting such atransfer must meet the qualifications established for the job classification and shall notify the Employerof heir request,

in writing, prior to July 1 of each year.

15.2. The District agrees to notify the eligible employees ofan available position at least thirty (30) days in advance of filling

the position. The parties agree to waive such time frame by mutual consent.

15 .J. If an employee should agree to a transfer, it is agreed that he/she shall comply with the wages, hours, and working

conditions established for the position.

16. ARTICLE 16 UNIFORMS

16.1. Uniforms- Uniforms shall be replaced by the District on a fair wear and tear basis. Unusable items will be turned in by

the employee when he/she is exchanging for new uniform replacement items. A written request for the purchase ofuniform items must be approved by the Chief or designee prior to an order being placed. All uniform items, except

boots, will be returned to the District upon separation.

16.2. Upon initial employment, the Employer shall provide to the employee uniforms as outlined in the Uniform Policy.

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CENTRAL KITSAP FIRE RESCUE AND I.A.F.F. LOCAL #2819

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16.3. Protective Clo thing - Protective clothing and equipment as required by Washington Administrative Code 296-305 shall

be supplied, maintained and cleaned at no cost to the employee. Protective clothing, wildland gear, and equipment

remain the property of the Fire District.

17. ARTICLE 17 INSURANCE BENEFITS

17.1. Medical, Dental, and Vision Insurance - The District shall provide medical insurance through Kitsap Physicians

Services Health Plans, Group Health, or equivalent plan for each employee, legal dependents, and domestic partner, asset forth in SSB 5336, 60th Legislature, 2007 regular session. The District shall provide dental insurance through

Washington Dental Service or an equivalent plan for each employee, legal dependents and domestic partner, as set forth

in SSB 5336, 60th Legislature, 2007 regular session.

17 .1.1. A joint labor/management committee shall be established with the Union and the District having equal

standing. The commit tee will discuss and review any changes to the coverages, benefits, and privileges now in

effect within ay of the insurance plans. Any recommendations agreed to by this committee shall be jointly

forwarded to the bargaining unit and the Board of Fire Commissioners for their consideration and action.

17.2. Effective January 1, 2008, the premium benefits set forth within this article shall be paid at one hundred percent (100 )

for the employee and split between Employer and employee at a rate ofninety-five percent (95 ) to five percent (5 )

for eligible dependents.

17.3. Life Insurance- The District shall pay one hundred percent (I 00 ) of the premium for ten thousand dollar ( 1 0,000)

term life insurance for each eligible employee under the District=s existing plan.

17.4. Employee Assistance Program- The District shall pay one hundred percent (1 00 ) of he premium to provide an EAP

as selected by the Employer, for each elig ible employee and their dependents, and domest ic partner, as set forth in SSB

5336, 60th Legislature, 2007 regular session. and shall not be part of the insurance cap.

17.5. Application of costs for insurance benefits shall begin on the first day of the effective date of his Agreement.

17 .6. Employees who retire from the District through normal service retirement or disability retirement shall be eligible to

purchase employee and dependent medical insurance coverage at the Distric t's group rate for retirees, provided the

insurance carrier provides such an option to the District.

18. ARTICLE 18 SHIFT EXCHANGES

18.1. Employees are given permission to exchange shifts, with a minimum ofone (1) hour increments, when the change does

not interfere with either his/her duties and responsibilities or the operation of he District. Members agree to cover all

shift exchanges with an appropriate member at no cost to the District. Discretion to authorize shift exchanges shall be

vested with the Chief or designee.

19. ARTICLE 19 UNION BUSINESS

19.1. Monthly Union meetings and/or Executive Board meetings may be held in the Distric t's fire stations with the consent of

the Fire Chief, providing that no political lobbying shall take place at such meetings.

19.2. Two (2) members of the Union negotiating team shall be allowed time off for all meetings which shall be mutually

agreed upon, so long as an overtime situation does not occur.

19.3. Visitation Rights- Representatives of the Union shall be allowed to visit work locations of he employees, provided

advance notification is given to and approval is received from the on-duty ChiefOfficer and the visit does not interfere

with Department functions.

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May2, 2011



19.4. Bulletin Board Space- The District shall provide a bulletin board at each career station located in a convenient place

for use by the Union.

20. ARTICLE 20 SENIORITY

20.1. Seniority shall be determined by continuous paid service with the District calculated from the date of employment.

Continuous service shall be broken only by resignation, death, discharge, retirement, or leave ofabsence without pay(exceeding thirty (30) days). Employees with the same employment date shall be assigned to the seniority list in order

of their ranking on the eligibility list. The District shall post a seniority list at least annually, and upon new hires,

showing both Department seniority and seniority in rank. Department seniority is to be used only for determining

annual leave requests, K days, salary adjustments, reduction in force, and in-house transfers. Seniority in rank shall

only be used in Department operations, station and shift selection.

20.2.1n the event ofvoluntary reduction in rank, or demotion, the affected employee shall go back to their previous position

and in the same seniority that was previously held on the seniority list for that particular position. In the event the rank

reduction is from another bargaining unit, the affected employee shall go back to the last position in the same seniority

that the employee previously held while in the bargaining unit represented by Local 2819.

21. ARTICLE 21 PROMOTIONS

21.1. All promotions within the bargaining unit shall be by competitive examination, shall be impartial, and shall relate to

those matters which test the candidate's ability to perform the tasks listed in the job description for the position.

21.2. All eligible employees shall be notified in writing at least one hundred twenty ( 120) days of the following:

21.2.1. Opportunity to make application for promotional opening

21.2.2. Qualifications

21.2.3. Requirements

21.2.4. Study References

21.2.5. Testing Process

21.3. Shorter notice may be given if mutually agreed upon between the District and the Union.

21.4. Examination eligibility for bargaining unit officer promotions will be per District policy. The policy will be reviewed

prior to the exam announcement.

21.5 .It is the intent that promotional opportunities for bargaining unit positions will be filled by bargaining unit members. In

the event that no, or insufficient, applications are received from within the District, outside applications may be

requested and considered to fill vacant positions. 1fthere are more promotional positions available than the number of

bargaining unit applicants, the District will provide special consideration to the District employees first.

21.6. All candidates will be notified of heir final score and relative standing on the promotional list within ten 1 0) business

days (Monday through Friday) of the end of testing, or the appeal process, whichever is longer.

21.7 .In the event ofan appeal, it shall be submitted within five (5) business days (Monday through Friday) from the end of

testing. OK

21.8. Promotional eligibility lists shall remain valid for twenty-four (24) months from the date of he end of he test, or until

depleted, whichever shall occur first. In the event of depletion, or the expiration of an eligibility test, notification of

testing to establish a new eligibility list as noted in 21.2 shall occur within ninety (90) days.

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21.9. Promotions shall be based on the rule of three, from the top of the list. For clarification purposes, when there are

multiple positions being considered, the rule shall mean the number of positions, plus two (2).

22. ARTICLE 22 MILEAGE

22.1. Mileage Allowance - Employees required to use their private automobiles for Fire Department business or as a

necessity in changing stations during their normal work day shall be compensated at the rate to be determined by the

IRS publication 15B cents per mile.

23. ARTICLE 23 WORKING OUT OF CLASSIFICATION

23.1. Any member assuming the duties of a position or rank above that which is normally held shall be paid their wage plus

the difference between their rank and the rank they are filling. This rate will be paid on an hour for hour basis, in

quarter hour increments, for any occurrence greater than four (4) hours.

23.2. For the purpose of this Agreement, the term Company Officer shall mean Lieutenants and Station Captains.

23.3. When an officer vacancy occurs, said vacancy may be filled with call back or acting officers.

23.3 .1. n the event ofan acting officer, the vacancy shall first be offered to a member who is on a current promotional

list for the position being filled and who is normally assigned to the station and shift with said vacancy. Next, it

shall be offered to a member on the current promotional list for the position being filled who is normally assigned

to the shift. Lastly, any member working on the day of he vacancy who is on the current promotional list for the

position being filled may fill the vacancy. Seniority on the promotional list will break any ties.

23.3 .1.1. Paramedics on promotional lists may be bypassed for acting positions by members ranked lower on

the promotional list if they are necessary for paramedic minimum staffing.

23.3.2. n the event no on-duty member exists on the promotional list, or no valid promotional list exists for the

position, the vacancy shall be filled using a member meeting the minimum test eligibility requirements for the

vacant position. n the event no member on duty meets the requirements to fill the vacancy, overtime callback

will be utilized.

23.3.2.1. The vacancy shall be offered to a member who is eligible for the position being filled and who is

assigned to the station and shift. Next, it shall be offered to a member who is eligible for the position and

from the shift. Lastly, it shall be offered to any member who is eligible and working on the day of the

vacancy. Seniority on the eligibility list will break any ties.

23.3.2.2. Paramedics who are eligible may be bypassed, for acting positions, by members ranked lower on

eligibility list if they are necessary for paramedic minimum staffing.

23.3.3. Any member taking the promotional exam and receiving below a passing score will not be eligible to work out

of classification during the life of the list. This sub-article shall be re-evaluated at the end of this contract in

regards to acting Battalion Chief.

23.4. For the purposes of his Agreement, promotional list shall mean the promotional eligibility list for the next higher

rank accepted by the Board of Fire Commissioners for a period of wo (2) years or until the list is depleted, whichever

shall occur first.

23.5. In the event a temporary appointment occurs for a period exceeding one hundred twenty (120) days, the District shall

promote an individual from the eligibility list to fill the vacancy.

Page 14of\9


CENTRAL KITSAP FIRE RESCUE AND I.A.F.F. LOCAL #2819

May2 2011



24. ARTICLE 24 GruEVANCEPROCEDURE

24.1. The purpose of his procedure is to provide an orderly method for resolving grievances. A determined effort shall be

made to settle any such differences at the lowest possible level in the grievance procedure, and there shall be no

suspension of work or interference with the operations of the District as a result of he filing of a grievance.

24.2. For the purpose of he Agreement, a grievance is defined as a dispute involving the interpretation, application, or alleged

violation of any provisions of his Agreement, including those provisions that are automatically extended by law (RCW

41.56.470) during the period between expiration and the establishment of a new Agreement. Grievances shall be

processed in accordance with the following procedures within the stated time limits.

Step 1

Step 2

Step 3

Step 4

A

8

c

24.2.1. The aggrieved individual employee shall have the right, as guaranteed by RCW 41.56.080, to present their

grievance to the District and have such grievance adjusted witho ut the intervention of he Union, if he adjustment

is not inconsistent with the terms of his Agreement, and if he Union has been given reasonable opportunity to be

present at any initial meeting called for the resolution of such grievance. The Union shall have the right to

substitute itselfas the aggrieved party. The Union has the right, in its own capacity, to act as an aggrieved party.

Steps in the Grievance Procedure

The aggrieved party shall submit a written, signed statement to the District and the Union, explaining the grievance, withinfifteen (15) business days of he occurrence of he grievance. The grievance shall be presented to the Operations Chiefor in

his /her absence the Fire Chief or HR Manager. The ChiefofOperations shall meet with the aggrieved party within ten (10)

business days following such notification. The Union shall have the right to have a representative attend and provide

comments during such meeting.

If within ten 1 0) business days of he meeting with the ChiefofOperations the grievance has not been settled, the aggrieved

party shall outline the grievance in writing. The written grievance shall include the statement of the grievance with all

relevant facts, the specific provision(s) of the Agreement violated and the remedy sought. The grievance in written form

shall be filed with the Fire Chief, and the Union within the ten (I 0) business day period following the meeting with the Chief

of Operations. The Fire Chiefshall conduct an investigation and shall notify the aggrieved party and the Union, in writing,

of his/her decision within ten (10) business days following receipt of he written grievance.

If the Union is dissatisfied with the decision of the Fire Chief, they may request, and shall be granted, a review of the

grievance by the Board of Fire Commissioners. The request for review shall be filed, in writing, with the Board Chairman,

or in the absence of he Board Chairman, with any member of he Board ofF re Commissioners within five (5) business days

after the grievant s receipt of the decision in Step 2. The Board of Fire Commissioners shall grant the review and shallconduct an investigation within ten (I 0) business days of said request for review. They will conduct a hearing at the next

regularly scheduled Board Meeting. Within five (5) business days following the hearing, the decision of he Board of Fire

Commissioners shall be transmitted, in writing, to the Union.

In the event the grievance is not satisfactorily settled in Step 3, the Union may submit the matter to an arbitrator to be

selected as provided below:

The Union shall notify the District in writing, within fifteen (15) business days after receipt of he Board s decision that they

will be proceeding to arbitration.

Within five (5) business days following the Union s notification in Step 4A, the District and the Union shall request a list of

arbitrators be provided from any source mutually agreeable, or by parties mutually agreeing on an arbitrator. Following

receipt of such list the District and the Union shall meet within ten (I 0) business days to alternately strike one name from the

list until only one name remains. The order of striking shall be determined by the toss of a coin, the loser striking the firstname. The one name remaining shall be the Arbitrator.

The Arbitrator shall hold a hearing at which the District and the Union may submit their cases concerning the grievance. The

hearing shall be kept private, and shall include only the parties in interest and/or designated representatives.

Page 15 of 19



May2, 2011



D 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 he express terms of this

Agreement.

E The decision of the Arbitrator shall be final and binding upon the District and the Union.

F The cost of the Arbitrator shall be borne equally by the District and the Union, and each party shall bear the cost of

presenting its own case.

G The Arbitrator's decision shall be made in writing within thirty (30) days and shall be issued to the District and the Union.

H Decisions that require additional compensation to be paid to the employee may not require that such additional compensation

be effective for a period beginning more than sixty (60) days prior to the initial filing of he grievance.

24.3. Any time limits stipulated in the grievance procedure may be extended for stated periods of ime by the District and the

Union by mutual agreement in writing; and the District and the aggrieved party may, by mutual agreement, waive any

step or steps of the grievance procedure to advance said grievance in an effort to expedite the matter. Failure by the

aggrieved party to comply with any time limitation of the procedure in this Article shall constitute withdrawal of the

grievance. Failure of the District to respond within the time limitation ofany step in the procedure in this Article shall

automatically advance the grievance to the next level.

24.4. For the purpose of this Article, business days shall mean Monday through Friday, 0800 to 1700 hours, excludingholidays.

25. ARTICLE 25 NEGOTIATION PROCEDURE

25.1. All terms and conditions of his Agreement are negotiable and binding upon both parties. All conditions and terms of

this Agreement shall be automatically extended for one (I) additional year, unless either party shall notifY the other, in

writing, by Apri I I, of the final year of the Collective Bargaining Agreement of its desire to open negotiations.

26. ARTICLE 26 DISCIPLINARY PROCEDURES

26.1. The administration of discipline shall be accomplished through provisions of the District's Disciplinary Manual.

27. ARTICLE 27 LEAVE OF ABSENCE

27.1. A leave of absence, without pay or benefits, may be granted to an employee for a period not to exceed three (3) months

in any year. Such requests shall be submitted in writing, at least thirty (30) days in advance of he projected leave and

shall be approved or denied at the sole discretion of the Employer.

28. ARTICLE 28 REDUCTION IN FORCE

28 I In the event of personnel reduction within the bargaining unit, such reduction shall be completed in reverse order of

seniority in the classification priority as established by the Employer. Employees in job classifications being reduced

may displace a person with less District seniority who is in a lower (eligible) classification at that classification rate.

Page 6 of 9


CENTRAL KITSAP FIRE RESCUE AND I.A. F. F. LOCAL 2819

May2, 2011



28.2. Any employee laid off may be placed, at employee s written request, on a reserve hire list for a period of wenty-four

(24) months in the order of heir lay-off. Available positions shall be filled from the reserve list before persons outside

the list are hired.

29. ARTICLE 29 SUCCESSOR S CLAUSE

29. I. In the event of consolidation, merger, annexation, transfer, or assignment of the District with or to any other political

subdivision of the State, the parties shall comply with any then applicable legislation including, but not limited to, theobligation of the parties to bargain collectively with regard to the impact of such consolidation, merger, annexation,

transfer, or assignment upon the wages, hours, and working conditions of he affected employees.

30. ARTICLE 30 SEVERABILITY

30.1. In the event that after the execution of his Agreement, legislation is enacted, regulations are adopted by administrative

agencies, or decisions are reached by any court of law that will either be in conflict with or invalidate any provision of

this Agreement or produce an economic impact on the District not contemplated at the time of the negotiations, the

parties agree to reopen negotiations on such issue to ensure compliance with such legislation, regulation, or decision.

The remainder of this Agreement shall be valid and remain in full force and effect.

31. ARTICLE 31 ENTIRE AGREEMENT

31.1. The Agreement expressed herein, in writing, constitutes the entire Agreement between the parties and nothing shall add

to or supersede any of its provisions, except by mutual written consent.

32. ARTICLE 32 NOTIFICATION

32.1. Notification- The employee is solely responsible to provide and maintain timely and accurate notice of any change of

status not protected by State or Federal Law that may affect the Fire District. A listing shall include:

32.1.1. Name

32.1.2. Address

32.1.3. Phone Number

32.1.4. Emergency Contact Information

32.1.5. Marital Status32.1.6. Eligible Dependents

32.1.7. Medical Status

32.1.8. Change to Social Security Card

32.1.9. Driver s License Status

32.1.1 0 Military Status

32.1.11. Felony Convictions

32.1.12. State Certification Status

32.1.13. Domestic partner, as set forth in SSB 5336, 60th Legislature, 2007 regular session.

32.2. The District shall maintain, with written notificat ion to the employee, a central personnel file for each employee. The

central personnel file shall show the employee s name, title of position held, salary, change in employment status,

training received and such other information as may be considered pertinent.

32.3. The central personnel files shall be considered confidential to the extent permitted by law and shall be accessible only to

those authorized by the Fire Chief. An employee may review the contents of his/her central personnel file upon

submitting a written request to do so to the Fire Chief or designee.

Page 17 of 19


CENTRAL KITSAP FIRE RESCUE AND LA. F. F. LOCAL 2819

May2, 2011



33. ARTICLE 33 DRUG/ALCOHOL TESTING

33. 1 Drug & Alcohol Testing Policy and Procedures- Shall be in accordance with District Policy.

34. ARTICLE 34 LATERAL TRANSFERS

34.1. Lateral transfers shall be considered an option for filling vacancies, or additional positions, when mutually agreed upon

by the District and the Union.

34.2. Lateral transfers with more than one (1) year and less than two (2) years of consecutive service as a full-time paid

firefighter shall be compensated at seventy-five percent (75 ) of First Class Firefighter.

34.3. Lateral transfers with more than two (2) years, but less than three (3) years of service as a full-t ime, paid firefighter shall

be compensated at eighty percent (80 ) ofFirst Class firefighter.

34.4. Lateral transfers with more than three (3) years consecutive service as full time paid firefighter shall be compensated at

ninety percent (90 ) of First Class Firefighter.

34.5. Lateral transfers shall have a one (1) year probation period.

34.6. Minimum requirements shall be:

34.6.1. International Fire Service Accreditation Congress (IFSAC) Fire Fighter 1 or equivalent.

34.6.2. High school diploma or GED.

34.6.3. Valid Washington State driver 's license or able to obtain Washington State drivers license within 30 days.

34.6.4. Possess or be able to obtain Washington State and Kitsap County EMT certification with 90 days of

appointment.

34.6.5. If current member with International Association of Fire Fighters must be member in good standing.

34.7. Paramedic lateral transfers shall also require:

34.8. Valid Washington State or National Registry EMT-P certification.

34.9. Possess or be able to obtain Washington State and Kitsap County paramedic certification with 90 days ofappointment.

Dated and signed this day of 2008.

CENTRAL KITSAP FIRE & RESCUE

Chairman ofthe Board

Fire Chief

Page 18 of 19



May2, 2 11

INTERNATIONAL ASSOCIATION OF

FIREFIGHTERS, LOCAL NO. 2819

Lead Negotiator

Secretary



361 +months

Page 9 of 9



May2 , 2011

ank

1st FF

1st FFPM

Captain

r l i n ~ Out of ( lass

woo

Lieutenant = 12 3.28

Lieutenant = 2% 0.55

BC = 12 3.28



*PM·CA .75

.80

3rdiFF*PM .80

2ndiFF 90

1st IFF 1.00 3o.43

1st /*PM 1.00 33.48

Lt. 1.12 34.08

1.24 37.74

C 1.36 41.39

1st IFF

1st/*PM 1.00 33.48

Lt. 1.12 34.08

1.24 37.74

BC 1.36 41.39

Page 18 of 18


CENTRAL KITSAP FIRE RESCUE AND IAF F LOCAL 2819

JANUARY 1, 2011 (updated)

33.81

34.43

38.11

41.80

34.82

35.45

39.25

9,326.28 43.04

ank

1st FF

1st FF/PM

Captain

241·300 months

301 -360 months

31 04 31

34 15 34.

34.77 35.

38.49 .61 38

42.22 9,236.61 42

32.26 33

35.48 7 978.51 36

36.13 123. 57 37

40.00 41.

43.87 45

Working Out of Class

woo S

Lieutenant • 12 3.65

Lieutenant • 2 0.61

BC 12 3.65





LEOFF II Duty Related Leave MOU 2008-12-8 ~ 2

a Checks must be submitted within 10 days of receipt by the member.b) The member must endorse the check to Central Kitsap Fire Rescue.

Eligible employees that decline to take advantage of the above leave provisions shall receivedisability leave supplement in accordance with the statutory procedures. Such employees

shall have the option of continuing to receive Department of Retiremente r v i c e ~

(DRS)service credit during the Employee's Disability in accordance with Paragraph E.

D) DISABILITY LEAVE 7-24 MONTHS:

For Disability Leave extending beyond the end of six months, above what is otherWiseprovided by workers' compensation, the member shall be allowed to use his or her otherauthorized paid leaves (e.g., sick leave, vacation, etc.) in order to continue receiving fullpay and benefits. To this end, the District shall continue to provide full pay and benefitsuntil such paid leaves are exhausted, except that it shall be reimbursed as follows forworkers' compensation time loss payments that were otherwise made directly to themember. Employees shall have the option of continuing to receive DRS service creditduring the Employee's Disability in accordance with Paragraph E.

E) Optional reimbursement to the District for time loss payments made to the member underworkers' compensation shall be accomplished in the following manner (see TemporaryDisability/DRS Selection Form ):1 All time loss payment checks sent to the individual must be submitted to Central

Kitsap Fire Rescue.a) Checks must be submitted within 10 days of receipt by the member.b The member must endorse the check to Central Kitsap Fire & Rescue.c) The amount of paid leave used by· the member in order to received fulf pay

and benefits shall be restored in proportion to the amount of the time loss

payment check submitted by the member.

2. Members choosing not to remit L&l Time Loss checks to CKFR shall receive onlythe mandatory benefits required by statute.

F) During all periods of paid leave provided by this Section, the District shall collectemployee contributions and make employee and employer LEOFF 2 contributions asrequired by RCW 41.26.473.

This Letter of Understanding and Agreement is in effect as of January 1, 2009, until the newcollective bargaining agreement supersedes the old, at which time these clarifications will be

incorporated into the new Agreement.

Signed this ---={; Day of 0eCt11. t.flc?L 2

Central Kitsap Fire & Rescue Prof<JW--Firefighters of Kltsap Counly, IAFF Local2819

: 2 s ~ A I ~Vice Presidentire Chief~ ) 7 Z ~ : : · ~ . ~ ? 3 V t ~

Board Chair ~ H ~ u : : . . . . . m _ a . . ; : ; n ~ R = e _ s _ o _ u r c = e = s : . . . . : . . . . . : . . . = . . : : . . . _ ; _ _



Memorandum o Understanding and greementBetween

IAFF Local 2819, Professional Firefighters of Kitsap County

-and-

Central Kitsap Fire & Rescue

Sick Leave Buy Back with Disability Insurance

This Memorandum of Understanding and Agreement applies to the Agreement By and

Between Central Kitsap Fire & Rescue and IAFF Local 2819, adding section 8 of Article

13 - Disability Insurance Sick Leave Buy-Back.

Section 8 will now be referred to as the Disability Insurance Sick Leave Buy-Back and

is intended to allow eligible employees to exchange disability insurance benefits and

buy-back sick leave used during periods of off-duty injury.

Disability Insurance Sick Leave Buy-Back- Employees who are receiving temporary

disability insurance benefits may exchange those benefits for paid sick leave as

provided in this section. The amount of paid sick leave to be obtained through such anexchange shall be calculated by dividing the dollar amount of the disability benefits to

be exchanged by the employee's effective hourly rate of pay as of the date theemployee uses his or her sick leave. For any period of disability, the total amount of

paid leave that an employee may obtain through an exchange of disabili ty benefits shall

be no niore than the amount required to cover the period of disability. Disability periods

exceeding 6 months are subject to review by the Chief or designee for authorization of

continued benefit allowance under this provision. An employee wishing to make anexchange under this provision shall tender his or her disability insurance check to theDistrict upon receipt or pay the District the dollar amount of the check (s).

This Memorandum of Understanding and Agreement is in effect as of January 1 2008

until the new collective bargaining agreement supersedes the old, at which time these

clarifications will be incorporated into the new Agreement.

Signed this ay of ~ tle;Jc 20 ) ~


t ~ . . t - · f/ L / l . - - ~

Board Chair

Professional Firefig

IAFF Local 2819 '

Vice President

Human Resources



Memorandum o Understanding and greement

Between

IAFF Local2819, Professional Firefighters ofKitsap County

-and-

Central Kitsap Fire Rescue

This Memorandum of Understanding and Agreement applies to the Agreement By and Between

Central Kitsap Fire Rescue and IAFF Local 2819, adding the additional option of a PP02

health insurance plan through Premera along with the Premera PPOA plan which is identified as

being equivalent to the KPS PPOA plan in Article 17.1 of the current collective bargaining

agreement.

During the open enrollment period each year, the member will have the opportunity to choose

between the PPOA and PP02 plan.

Health Reimbursement AccountThe District shall establish a Health Reimbursement Account(HRA) for each employee who chooses a PP02 plan with the following conditions:

• The HRA shall include funds as identified below to cover deductible and out-of-pocketmaximum for the employee and eligible dependents respectively.

• January 1 2011, twenty-five percent (25%) of the total agreed upon HRA contribution,as identified below, for PP02 plan will be deposited into the employee's HRA-VEBA.

When the TPA is established, no later than April 1 2011, the remaining seventy-five

percent (75%) will be available through the TPA.

• HRA funds will be available for each employee each year of this agreement with the

following annual amounts:

o PP02

• Employee only

• Employee+ dependent(s)

$ 1,350.00

4,200.00

o The HRA shall be available for the employee to use for any expenses defined by

IRC 213(c).

• The District shall ensure that any unused amount in an employee's HRA at the end of the

calendar year shall be rolled over into the employee's HRA-VEBA account and be

available for use in subsequent years.

• In the event of an employee's status change from Employee only to Employee +

dependent(s), the employee's available funds in their HRA will be changed to the

appropriate level (difference between Employee only or Employee+ dependents)

effective upon notification to the District per Article 32 of the current collective

bargaining agreement.

District Final Counter 11117/l 0 4:00 PM



• Upon retirement, resignation, termination, or other separation of employment, the annualHRA allotment will be prorated based on the portion of the year the employee wasemployed by the District. If the employee has not used the full amount of his/her

prorated HRA allotment, the unused portion will be rolled over into his/her HRA-VEBA.

In the event the employee has used more than his/her prorated allotment, the employeewill not be required to reimburse the District.

• In the event of an employee's death prior to depletion of the fund, the remaining balanceshall be available for the employee's dependents or beneficiary until the fund is depletedor by the end of the calendar year, whichever occurs first, as allowed under IRC 213(c).Remaining funds will be rolled over into the employee's HRA-VEBA.

Flexible Spending Account: The District shall establish a flexible spending account for eachemployee who chooses a PP02 plan with the following conditions:

• The District shall start and fund an FSA for each employee no later than April 1 2011.

• Thereafter, the FSA shall be funded for each employee on January 1st of each year of thisagreement with the following amounts:

o PP02

• Employee only

• Employee dependent(s)150.00300.00

o The FSA shall be available for the employee to use for any expenses defined byIRC 213(c).

o In the event of an employee's status changes from Employee only to Employee+dependent during the year, the employee's FSA shall be increased to theappropriate level necessary (difference between Employee only or Employee

dependents).

o Pursuant to the IRC, any remaining balance in an employee's FSA at the end of

the year shall be forfeited back to the District.

Third Party Administrator TPA): The District shall utilize the services of a TPA to administerthe above accounts, with the following conditions:

• The TPA service shall include access to a debit card service for each employee that islinked to the HRA/FSA with corresponding monthly card fees, if any, to be paid by theemployee.

• The employer will pay the one time administrative startup fee and the annual accountmaintenance fee.

District Final Counter 11117110 4:00 PM



This Memorandum of Understanding and Agreement is in effect as of January 1 2011. It is

understood that if negotiations for a new collective bargaining agreement have not been

completed by December 31 2011 the dynamic status quo will prevail.

Signed this Day of _;20


District Final Counter 11117110 4: PM

Professional Firefighters of Kitsap County

IAFF Local 2819



Memorandum o Understanding and Agreement Between

IAFF L-2819, Professional Firefighters of Kitsap County-and-

Central Kitsap Fire and Rescue

Contract Extension o 2008-2010 Collective Bargaining Agreement

The parties hereby agree to extend the 2008-201 0 Collective Bargaining Agreement by andbetween Central Kitsap Fire Rescue and the International Association of Fire Fighters L-2819(the Agreement ). All conditions and terms of the Agreement and related MOU's shall remainin full force and effect through December 31, 2013. Any dispute about the interpretation orapplication of this MOU shall be resolved using the grievance procedure contained within theAgreement.

In an attempt to address the significant financial and economic stresses created by the currentrecession and depressed property values, the parties have agreed to make an exception to theadherence to the wage adjustment language in Article 9.9 of the Agreement for the years 2012and 2013 as follows:

2012 0% adjustment

2013 The actual June to June CPI-U for Seattle, Tacoma, Bremerton, shall be utilizedbut will not be less than 0% and not more that 2%.

Signed this .... nt.. ._ Day of ~ e a - J f o o 4 - l l . • . _ - 011


\

Fire Chief

Go-Vi 1nvh-

Chair, Board of Commissioners



MEMOR NDUM OF UNDERSTANDING

Between


-and-

IAFF Local2819 Professional Firefighters ofKitsap County

Central Kitsap Fire & Rescue ( Employer ) has adopted the HRA VEBA Medical Reimbursement Plan for Public

Employees in the Northwest ( Plan ) and agrees to contribute to the Plan on behalf of all employees in the group

defined as eligible.

Mandatory group salary reduction (no individual elections permitted). Contributions on behalfof each eligible

employee shall be based on the selected funding sources/formulas:

IAFF Local2819 Uniformed Group 1 members under the age of 40-

1.5% (one and one-half percent) of monthly Base Pay

IAFF Local 2819 Uniformed Group #2 members 40- 49

2.5% (two and one-half percent) of monthly Base Pay

IAFF Local2819 Uniformed Group #3 members 50 and over-

5% (five percent) of monthly Base Pay

Members will move from Group 1 to Group #2 beginning the month following their 401h birthday.

Members will move from Group #2 to Group #3 beginning the month following their 501 birthday.

Leave cash out upon retirement.

Eligibility is limited to employees who retire from service with leave cash-out rights during the term

hereof. Employer contribution shall include the entire cash-out value of all unused sick hours accrued and

available for cash-out upon retirement from service as defined by the Washington State Department of Retirement

Systems and district policy.

The term ofthis agreement shall be from January I, 2012 to December 31 2012

Terms of his agreement shall be evaluated annually by all eligible group members in November. ny

plan/contribution adjustments for the following year shall be submitted to Human Resources by

December 3 ofprevious year.

Representative: IAFF Local2819 Groups 1,2 & 3 Date



Representative: Central Kitsap Fire Rescue Date



emorandumo Understanding and greement

Between

IAFF Local2819, Professional Firefighters ofKit sap County

-and-Central Kitsap Fire Rescue

ORIGIN L

This Memorandum ofUnderstanding and Agreement applies to the Agreement By and Between

Central Kitsap Fire Rescue and IAFF Local2819, addressing the tier structure of the health

insurance plans provided by Premera.

The six (6) tiers provided by Premera in 2011 are as follows:

• Employee Only

• Employee + Spouse

• Employee + Spouse + one (1) dependents

• Employee + Spouse + two (2) dependents

• Employee + one (1) dependent

• Employee + two (2) dependents

Due to economic climate, continued decrease to assessed valuations, and the staffmg plan

adopted by the Board ofCommissioners on November 14,2011, IAFF Local2819 will agree to

switch to a four (4) tier structuring of the Premera Health Care plans in 2012 in an effort to allow

Central Kitsap Fire and Rescue to realize the desired cost savings by doing so.

With two (2) of the tiers being taken out of the Premera Health Care plan structure, the Districtand Labor have identified that there are financial impacts to employees of the District.

In the event the staffing plan is able to be implemented on January 1 2012, the employees shall

be responsible for the increase to the premiums in 2012 due to the switch from a six (6) tier

Premera Health care plan to a four (4) tier Premera Health care plan.

The four (4) tiers provided by Premera in 2012 are as follows:

• Employee

• Employee +Spouse

• Employee+ Spouse dependent(s)

• Employee+ dependent(s)



This Memorandum of Understanding and Agreement is in effect as of January 1, 2012. It is

understood that this change to the tier structure is solely based on the Premera health care plans.

Any dispute over the interpretationor application of his Memorandum and Agreement shallbe

resolved using the grievance procedure contained in the parties collective bargaining

agreements.

Signed this ol ay of \ 3 ~ 2 J L

Central Kitsap Fire Rescue Professional Firefighters ofKitsap County

IAFF Local 2819

~ ~ t ' - - ' : : W ~ - - ~ . a < J . A h a . . . . _ _ ~ I J



Memorandum of Understanding and tr\ R I ·lgreement UBetween


-and-IAFF Local2819, Professional Firefighters ofKitsap County

This Memorandum of Understanding and Agreement is between Central Kitsap Fire Rescue,''The District , and IAFF Local2819, Labor , as it applies to staffing levels currently on Engine45 and Engine 56 as of November 21 2011.

The District recognizes that personnel are able to operate in a more efficient and safe manner by

having three (3) personnel on each engine. Due to the economic climate and decreased assessedproperty valuations, the District was unable to complete the thr (3) person engine Staffing Planas presented to the voters in the 2006 Levy.

The District has obtained a new piece of equipment (Ladder 51) and recognizes that dedicatedpersonnel are necessary to safely and efficiently operate this piece of equipment. In order tofacilitate the staffing of Ladder 51, the District and Labor agree to utilize the third positionassigned to Engine 45 and Engine 56 for dedicated staffing on Ladder 51.

The District and Labor both agree that staffing Ladder 51 takes precedence, ·at this time overcontinuation of the three (3) person staffing on Engine 45 and Engine 56.

The District desires to staff each career Engine and Ladder 51 with a minimum of three (3)

personnel. The District and Labor support the plan to implement three (3) person staffing on allcareer engines and Ladder 51, but acknowledge that this is dependent upon increased assessedproperty valuation and revenue collections that can support and sustain this plan.

This Memorandum of Understanding and Agreement is in effect as of January 1 2012.

Signed this ] · Day of Ow ero\)1 ( 20 \ \

Central Kitsap Fire Rescue Professional Firefighters of Kitsap County

IAFF Local 2819



Memorandum of Understanding nd

greement

Between


-and-

ORIGIN L

IAFFLocal2819, Professional Firefighters ofKitsap County

This Memorandum of Understanding and Agreement applies to the Agreement By and Between Central

Kitsap Fire & Rescue and IAFF Local 2819, addressing section 12.3 of the collective bargaining

agreement which reads as follows:

12.3 Annual leave requests shall be completed by December 1 ofeach year. No more than

one l) years' accrual may e picked in the first round of selections. Requests to cancel annual

leave or compensatory leave must be submitted no less than 15 days prior to the cancelled day.

Thestaffing plan approved by the Board of Commissioners at the November

142011 meeting contains

six (6) Lieutenant Promotions and one (1) Captain Promotion. Due to the timeline in which the staffing

plan was adopted and with the amount of promotions that must occur to accommodate the adopted

staffing plan, Labor and Management, for the year of2011 only, agree to extend the date in which annual

leave must be completed from December 1 2011 to December 31, 2011.

Signed this 1 \.q


IAFF Local 2819~ - - 0



Memorandum o Understanding and

greement

Between


-and-IAFF Local2819, Professional Firefighters ofKitsap County

This Memorandum of Understanding and Agreement is between Central Kitsap Fire & Rescue, The

District , and IAFF Local2819, Labor , as it applies to the established equipment staffing currently on

Engine 45 and Engine 56 as ofNovember 15,2011.

The District recognized that the personnel are able to operate safer by staffing each engine within Central

Kitsap Fire and Rescue with a minimum ofthree (3) personnel on each engine. The plan to staff each

engine was implemented at Station 45 and Station 56. Due to the economic climate and decreased

assessed property valuations, Engines 51 and 41 were unable to be staffed with a third person and the plan

to have three (3) person engines throughout the District was placed on hold.

The District has obtained a new piece of equipment, The Truck , and has recognized that to operate this

piece ofequipment dedicated personnel are necessary. Labor, in order to facilitate the staffing of the

Truck and recognizing some of the safety considerations to the operate that apparatus, has agreed to

utilize the third position assigned to Engine 45 and Engine 56 to dedicate staffing to the Truck.

The District and Labor have both agreed that staffing each of he career Engines and the Truck with a

minimum ofthree (3) people is essential to the safety of the Districts personnel operating on those

vehicles. The plan to staff these vehicles is still a priority for the District and will be established once

revenues within the District can support and sustain that plan.

This Memorandum of Understanding and Agreement is in effect as of January 1 2012.

Signed this Day of 0


IAFF Local2819



October 17, 2013

Fire Chief Weninger,

I FF Local 28 9

Professional irefighters of itsap county

P.O. Box 3173 • Silverdale, WA 98383

www.iaff2819.org • email: [email protected]

As you know, the Union and the District have recognized that having three 3) personnel on each engine allows the

members responding to fires and various other emergencies to operate safer, more efficiently and provides

firefighters with the ability utilize the exemption defined fn WAC 296·305-05001(11). This exemption, under

exceptional circumstances, allows f f r ~ f i g h t e r s to mitipte t h ~ loss of life serious injury when one additional

firefighter is outside the hazardous area.y

The firefighters on duty ; ~ ~ d ~ y are tasked with providing e m ~ t g e n y services to approximately 72,000 residents.

The District developed and paltially i m p l e m e n ~ e d a plan to. StC ff Engines 41, 51, ~ d ·56 with three 3)personnel. Minimum daily staffinj:was increased from seventeen (17) to niheteen. (19) w i ~ a third person

assigned to Engines 45 and 56. Due to the economic climate and d e c r ~ a s e d assessed property valuations, the

District was uoable to complete tile three 3) person engine staffing plan. . ;\.;;·,

November 21, 2011 the Union and District agreed to reallocate staffing to dedicate personnel to a n e ~ . acquired

piece of equipment; Ladder 51 This reallocation removed tt}e thir p()sition a s s i g n ~ to Ensines 45 ar)d 5t to staff

ladder 51. It was fuf'ther recOgnized by all that e ~ n s t h ~ third ptrson from t h o s ~ engirtejdfrec:tiV affetted the

safety and efficieneyof t • crews yet d e d i c a t e d ~ f i n g of a ladder truck for t h ~ f i r s t : t t f n e in the hi5fPry of

Central Kitsap Fire and Res*. 'ii: :( > : £ :;

L .;:. :'· tt· ' '<.. . t .... ··,';i iM o n d ~ October tf, · 013 ~ h e Board of Commi$$lol\frs · r : e ~ e d notification that the ¢ W ; r e ~ t · daily mfrtltnum

staffinl plan may rie.,u:f to be a,djusted andpossibly r . P ~ d In an effort to diminish i m f H t X p e r i e n c e a ~ ~ costs.c • • c , · > ; ~ .

The Union recognizes the residents of e n ~ l ICitsa P Are and ~ e · e numbf'f one (1} ptiority and the sole

reason this Of1anizatlon has the ability to operate. The District must'be· e x c e l f ~ n t stewards of thei tax dollars

collected and has the r e s p o n s l ~ l i t V to provide the community with prpfessi9fta•, quality, trained personnel. A

decrease to the dally mfnilfi.Uf\1 staffing directly affects the safety of the dtizl n$: of Cenm.J l<ltsap and the

firefighters taskedWith providing emergency services. , .

IAFF Local 2819 ask$.that all options are ~ h a u s t e d through research, CoSt .benefit ~ n a l y s i s , r e a ~ o c a t i o n of funds,

and input from the community and the n e m ~ e r s of Central Kltsap Fire and Rescue. lr1 the event the District makes

a decision to decrease the daily minimum staffing the Union and the District must barprn over any changes that

affect the safety and the workload of personnel p.riorto implementation and requestthat impact bargaining occur

if necessary.

Ronny Smith

IAFF local 2819

Vice President

Central Kitsap Bargaining Units

Page 1 of 1





DEPARTMENT DIRECTIVE

Reference

Date Issued

Purge Date

Contact Person

Contact

DO 14-001

02 25 14

05125 14

Deputy Chief Lovato

Authorized by

~ ~~ i ~To:

Subject:

Effective immediately,

(Fire Chiefs or Designee'S"Si JM iture)

All Career Shift Personnel

~ B M ~ s k / H . E P A f i ~ testi[lg:

Under the supervision of Captain Twomey, personnel assigned to Station 56 qualified to

perform SCBA mask/HEPA fit testing will provide these essential services to line personnel,

staff personnel and volunteers as requested and maintain records of these activities.

DEPARTMENT DIRECTIVE

Reference DO 14-001 Date Issued 2 25 14 Purge Date 5 25 14

Subject SCBA Mask/HEPA Fit testing Page 1 of 1



From: Steve Hostetter

Date:03/04/2014 :3 PM GMT-08:00)

To: Force Tolar ,Brett Twomey ,Scott Deschryver ,Brian Danskin ,Mike Tague ,Bill Green

,Steve Hostetter ,Jay Lovato

Subject: SCBA testing

All,

The recent Department Directive regarding SCBA testing stated that Fit Testing and record keeping

would be done by the line staff under the direction of Captain Twomey. At the BC meeting today we

discussed this issue coming to no conclusion as to what extent line personal were going to do this work

nor did we have a plan to get it done. Because the directive states it is to be done, under the direction

of Captain Twomey Brett and I met with Force in effort to get more info and discuss a plan.

Apparently the persons that used to do SCBA FIT testing for volunteers, Chuck Shaw and Gene Ellis are

gone and the only one left is Ed Scholfield who has limited time to do it. Force has learned how to do it

to some degree and said he will help for now but has been told that he isn't going to be doing it as a

long term plan. We felt that Wednesday nights would be the best time to do FIT testing for volunteerswith times limited from 4 to 8 in March and April. Force stated he would organize sending companies to

get tested from 56 or 4 and would call 56 with times so they didn't have to wait for no one to show up

and could start up the machine ahead of time.

Although Brett was mentioned in the Chief's directive, this program is run primarily by Scott, Beau and

the other officers and testers at 56. Brett wil l discuss this proposal with Scott and Bill for

input. Obviously Brian and Mike should have input too.

BC Steve Hostetter


{360) 447-3645

[email protected]



WHEREAS:

THEREFORE:

DAVID FERGUS

CENTR L KITS P

5300 NW Newberry Hill Rd. Suite 101 • Silverdale WA 98383(360) 447-3550 • Fax (360) 447-3590

MARCH 10,2014

RESOLUTION 14-03

Central Kitsap Fire and Rescue has held an oral interview process forone (1) newly created IT Program Manager position,

Be it resolved by the Board of Fire Commissioners of Central Kitsap

Fire and Rescue to formally approve the hiring of the following full-time employee effective March 3 2014

• IT Program Manager- Robert Morley

Benefits will be as outlined under the current Management andSupervisory (Non-Union) Wage and Benefit Plan, with salaryestablished at 7334.05, based on comparable positions in thegeographic area.

BOB MUHLEMAN

Chairman Commissioner VIce Chairman Commissioner

RALPH ROGERS

Commissioner

Attested to:

KENNETH B GWELL

District Secretary

KEN ERICKSON

Commissioner

DICK WEST

Commissioner



January 8, 2014

Deputy Chief Lovato,

I FF Local 28 9

rofessional irefighters of Kitsap County



Today, January 8 2014, the Distr ict has browned out Station 64. The Union, through many dif ferent avenues,

has adamantly opposed the District's decision to reduce staffing from 19 on duty to 17. With the District's

decision to reduce staffing, the Union reasonably expects the District to manage and address all effects of their

decision to reduce staffing and adhere to all contractual obligations.

Today, according to the shift roster, the District has violated a provision in the Working Out of Classification

Memorandum of Understanding , signed April 22 2013, which states:

Section 23.3.2 The District agreesot

to create a situation where Lieutenants supervise otherLieutenants or Acting Lieutenants.

The District has unilaterally created, through decreasing staffing and browning out Station 64, roving Company

Officers and Apparatus Operators (A/Os). The unilateral creation of promoted rovers produces the potential

of an unfair labor practice. lieutenant Justin Brown has been roved from Station 64 due to the brown-out and

must now report and be supervised by to two different lieutenants; l T Jonathan Thomas and lT Brock Shaffer.

The Union requests the District to make decisions in accordance with the provisions of the Collective Bargaining

Agreement and all subsequent provisions. The Union further requests the istrictto immediately addre ss this

contract violation and place personnel judiciously. Simply stated, the District cannot have lT Brown reporting

to other lieutenants.

Please consider this a grievance under the requirements of Article 23, including Step of that process. Asalways, the Union reserves the right to amend this grievance as necessary if after further investigation it

identifies concerns otherw ise related to the issues or topics raised by this grievance.

The Union asks the District to rescind any decisions already made that affects the members' wages, hours, or

conditions of employment, and contractualviolations as they relate to the issue identi fied above. Failure to

take such actions may consti tute an unfair labor practice as well.

Thank you, and if you have any questions please let me know. The Union looks forward to your response.

Sincerely,

Ronny Smith

IAFF local 2819

Vice President


[email protected]

360.990.0822



MEMORANDUM OF UNDERSTANDING #2-2013

Between


-and-

IAFF Local2819, Professional Firefighters of Kitsap County

This Memorandum of Understanding and Agreement is between Central Kitsap Fire & Rescue

the District ), and IAFF Local2819 the Union ) and applies to the Collective Bargaining

Agreement By and Between the District and the Union. Article 23 of the Agreement shall now

read as follows:

ARTICLE 23 WORKING OUT OF CLASSIFICATION

23.1. Any member assuming the duties of a position or rank that is normally compensated at a

higher rank than their current position shall be paid their wage plus the difference betweentheir rank and the rank they are filling. This rate will be paid on an hour for hour basis, in

quarter hour increments, for any occurrence greater than four 4) hours.

23.1.1. All overtime positions shall be filled according to the guidelines established in SOP 2-

02 Shift Coverage Overtime Call Back .

23.2. In the event an Apparatus Operator vacancy occurs, the vacancy shall first be offered to

the highest ranking member on the current Apparatus Operator eligibility list normally

assigned to the station and shift with said vacancy. Next, it shall be offered to the highestranking member on the current Apparatus Operator eligibility list normally assigned to the shift

with said vacancy. Next, it shall be offered to members meeting the minimum qualifications

for Apparatus Operator based on seniority.

23.2.1. In the event of shift trades between an Apparatus Operator and a member qualified tofill their position, members will not be displaced based upon the rules identified in section

23 2 Members will fill the role identified in the shift trade except when members on trade are

needed at a different location to fulfill minimum staffing or work out of classification.

23.3. When a Company Officer vacancy occurs, said vacancy may be filled with qualifiedActing Company Officers. f no qualified Actors are available, overtime will be used.

23.3.1. For the purpose of this Agreement, the term Company Officer shall mean Lieutenants

and Captains.

23.3.2. The District agrees not to create a situation where Lieutenants supervise otherLieutenants or Acting Lieutenants.

23.3.3. In the event a Company Officer vacancy occurs, the vacancy shall first be offered to

the highest ranking member on the current Lieutenant promotional eligibility list for the

vacancy being filled and who is normally assigned to the shift with said vacancy .



23.3.4. In the event of shift trades between a Company Officer and a member qualified to filltheir position, members will not be displaced based upon the rules identified in se tion

23 3 2 Members will fill the role identified In the shift trade except when members on tradeare needed at a different location to fulfill minimum staffing or work out of classification.

23.3.6. In the event no on-duty member exists on a current eligibility list, or no valid eligibility

list exists for the position, the vacancy shall first be offered to an on-duty member meeting theminimum district qualifications for the vacant Company Officer position. In the event no on-

duty member meets these minimum district qualifications to the fill the vacancy, overtime

callback will be utilized.

23.4. When a Battalion Chief vacancy occurs, said vacancy may be filled by an ActingBattalion Chief.

23.4.1. In the event of an Acting Battalion Chief, the vacancy shall first be offered to thehighest ranking member on the current Battalion Chief promotional eligibility list for thevacancy being filled and who is normally assigned to the shift with said vacancy. Next, it shall

be offered to the Captain normally assigned to the shift based on their seniority in rank.

23.4.1.1. Captains who have successfully completed 9-months of their probation and

completed District established qualification standards will act in the capacity of Battalion

Chief.

23.6. Paramedics on promotional lists may be bypassed for acting positions by membersranked lower on the promotional list if they are necessary for paramedic minimum staffing.

23.6.1. Paramedics on a current Apparatus Operator Eligibility list may be utilized to serve asan Acting Apparatus Operator i f they are not needed for District minimum Medic staffing on

other units and will do so without loss/gain of any premium pay.

23.6. In the event a temporary appointment occurs for a period exceeding one hundred twenty120) days, the District shall promote the individual from the eligibility list to fill the vacancy.

23.7. Working Out of Classification Pay for Acting Captains will be initiated following the ninthconsecutive shift a Captain is on sick or injury leave.

23.7.1. Working Out of Classification pay for Acting Captains shall only be assigned to

members holding the rank of Lieutenant assigned to the station or shift where the vacancyhas occurred.

23.8 The District and the Union agree to reopen Article 23 language in this MOU on January 1,

2014, to discuss in good faith the impacts of Sections 23.2.1 and 23.3.4. If by March 1,2014, the District and the Union have not agreed upon successor language to Article 23, allsections in this MOU will remain status quo, and the parties will continue to bargainappropriately, except Sections 23.2.1 and 23.3.4 will sunset.



' j

_.

All other conditions and terms of the Agreement and related MOU s shall remain in full force.

Any Dispute about the interpretation or application of this MOU shall be resolved using the

grievance procedure contained within the Agreement.

; ~ · ligned this __. ::_;:,_ Day of _ UJ'I-t-F..... '-- 20J..L


IAFF Local 2819



•I FF Local 28 9

Professional irefighters ofKitsap county''

P.O. Box 3173 • Silverdale, W 98383


Thursday, December 5 2013

Chief Weninger,

As a follow up to the letter dated December 4, 2013, the Job Description attached has many

portions highlighted to demonstrate the Union s concern for possible unilateral changes to the

current lieutenant job description.

These changes, at a minimum, should have been discussed, negotiated, and agreed to with IAFF

Local 2819. Please consider these highlights to be our initial reaction to the job description the

Distr ict has created.

The District, through assigning the rank of lieutenant, has determined the wages associated

with this new position without ever entering into collective bargaining to discuss the changes

highlighted within the posit ion description.

Ronald Smith

IAFF Local 2819

Vice President


rsmith @iaff2819.org

360.990.0822



'

CENTRAL KITSAP FIRE & RESCUEPOSmON DESCRIPTlON

CAREER LIEUTENANT ADMINISTRATIONEIERGENCYOPEBAnONS

Division: Operations

FLSA Status: Non-Exempt

Positions Supervised: Firefighter/EMT'sParamedics, Apparatus Operators

Date: November 14, 2013 updated)

POSmO SUMMARY;

Reports to: Deputy Fire Chief

Job S1atua: Regular Full time

Represented Status: Uniformed BU

This officer reports directly to the Deputy Fire Chief for Operations and acts as theconfidential assistant to that position. Under the leadership of the Deputy, s s l ~ t s withproviding general direction to career and volunteer suppression staff and officers on allaspects of emergency response. Functions as a team leader in a variety of situationsand is responsible for the daily activities, safety, and readiness of assignedsubordinates. Assists the Deputy in managing assigned programs, projects, facilities,committees, and budgets. Ensures programs and projects are carried out in a mannerconsistent with district standards.

Interacts closely with other supervisors and managers.

This position is given general policy direction and is allowed independence to administer

the overall day to day areas of responsibility. Work is reviewed periodically by t '1eDeputy Chief for conformance to District standards and effectiveness In meeting jobrequirements. The duties of this position are generally rotated and assigned temporarilyto employees that currently occupy the position of Career Lieutenant

All positions within Cen1ral Kitsap Fire and Rescue are expected to adhere to theestablished Core Covenants of the District.

This is an emergency response position.

ESSENTIAL FUNCTION ;

The following duties are typical tasks included in the principal functions of the job Thelist is not exhaustive and does not include miscellaneous, incidental or additional dutiesthat may be assigned by the District as needed and are consistent with applicable laws.This position must be able to perform the essential functions of the position with orwithout reasonable accommodation.



Assists the Deputy with management of planning, deployment, and operations for alllevels of incidents and events, Including multi-agency efforts and disasters.

Creates and implements short and long range plans related to fir and EMS responses,current status of District resources, as well as oversight and management of assigned

programs and projects..

Serves as Officer on shift as assigned. May function as an Incident Safety Officer asassigned. ·

Responds to emergency incidents and perfonns or supervises utilizing the incidentcommand system. {ICS

May assist in the Investigation o fires.

May oversee District programs such as Telestaff CENCOM, WSRB, Communicationsand Protective Clothing. other programs may be added as developed.

Ensures District compliance with local state, and federal laws and regulations. ·

Attends meetings of Volunteer officers as assigned to coordinate and assure consistentmessaging of District policies

Receives reports and briefings from Company Officers and notifies the eputy Chief asneeded.

May provide input to staff evaluations as it relates to programs overseen.

Prepares and/or ensures that accurate records of dally activities are completed.

Prepares budget requests and reports as requested and required. Ensures viability andadherence to budget guidelines for assigned projects and programs.

Seeks training opportunities and additional responsibilities related to this position as thegrowth of the District may require

Maintains State o Washington and CKFR training levels and certifications for theposition.

Deals effectively with members of the public and the District. Participates in a teameffort to advance the health and safety of the members and public served.

PERFORMANCE REQUIREMENTS:



Similar to those o the FlreflghteriEIIT and Career Lieutenant and requires:

0

Knowledaa of:

Methods and techniques of developing and conducting effective educational or training

presentations.

Incident Command System ICS) and modem emergency management principles,practices and procedures.

District poHcies and procedures, as well as state and Federal regulations specific to theassigned programs.

Standard office equipment and computerized database, spreadsheet, graphics andword processing applications.

Materials, tools and equipment used in fire service activities and the potential hazards

associated with fire service operations and rescue.

Basic knowledge o fire chemistry and physics, fire hazards, building construction, andmaterials.

Principles and practices of program planning, analysis and coordination o contracts,monitoring and evaluation of programs and effective ways to provide direction.

How to effectively supervise, evaluate and coordinate the efforts of subordinates.

Management and supervisory principles and practices induding program planning,contract requirements, budgeting and providing direction.

Ability to:

Adapt, prioritize, and overcome multiple fire ground or administrative situations, utilizingresources in a safe, eflicient, and productive manner.

Display a strong, pro-active, hands-on approach to coordinate and manage the District sEmergency Operations programs.

Solve problems and make decisions in stressful situations; adafl and e flexible to meetthe needs ofdiffering circumstances.

Plan, organize, and implement programs to meet District needs.

Communicate effectively, both orally and in writing, especially under pressure.



•

Develop and effectively present technical and complex information and training material.

Perform assignments independently with minimal supervision and as part of a team.

Plan set work priorities train direct motivate evaluate and provide guidance to

assigned staff including taking disciplinary action.

Recognize the need for and maintain confidentiality with materials and information o aconfidential nature.

Establish and maintain effective working relationships with coworkers subordinatesand other staff as well as public officials representatives o other agenciesorganizational groups and individuals.

Analyze situations quickly and objectively; determine a proper course o action;negotiate and problem solve.

Maintain minimum required certifications.

Effectively coordinate perform and complete duties and assignments in a timelymanner.

Establish and maintain accurate records of assigned activities and operations.

Be self-motivated and capable of advancing the goals o the District while contributingto a positive productive work environment

Work flexible hours and fulfill all traveling requirements of this position.

Prepare budget requests and reports.

PHYSICAL DEMANDS AND WORKING CONDITIONS:

These are the same as for the Career Ueutenant position.

This position is assigned to a day shift 40 hour workweek.

QUALIFICATIONS:

These are the same as the combined requirements for the Firefighter/EMT andLieutenant positions.

Preferred certifications also include:



D FDSOA ISO r equivalent Incident Safety Officer



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eninsular ThinkingA conversation abo ut Bremerton, ~ r t Orchard, Poulsbo, Silverdale, Bainbridge Island, Kingston, Manchester, Seabeck, Southworth,Suquamish, Belfair, Keyport, Olalla, BanQor, Hansville, Indianola, Port Gamble, Allyn, Port Ludlow, Gig Harbor and every o nce in a whilesomething about the good folks who don t have the good fortune to live here.

K gets a deadlme on 201 o Heavy lmp&ct Aid Back

One of Kitsap Fire Watch s signsis

catching attention along Silverdale Waynorth of Newberry Hill Road. he group disagrees with Central Kitsap Fire nd

Rescue s decision to reduce the minimum number of irefighters needed per

shift. Photo by Rachel Anne Seymour Kitsap Sun

Central Kitsap Fire and Rescue is under scrutiny from a self-described grassroots organization.

1\nthem rendition a k ~ c k n the brass

Kitsap Fire Walcl1, started by Ronny Smith as well as several union and community members, emerged online, followed by eye-catching

yellow signs near Chico. Smith is vice president of IAFF Local2819.

The group is voicing concerns about Kitsap County's fire districts, specifically CK Fire c nd Rescue.

KFW has about a doze n administrators for its website, according to Smith, who said the group members are not trying to be anonymous.

The site does not list any administrators, organizers or members, and posts are not credited.

Smith is checking with KFW contributors to see if they would like to be publicly named. Some members might not have expected to beplaced in the public light, Smith said.

The group formed and quickly grew after the CK fire commission approved a staff reducton w•t>wut put;lic cornnent in 4··1 vote during

tile Nov. 12 meeting.

Each station is covered by three 2417 shifts. Twenty-five firefighters are assigned to each shift.

The minimum number of firefighters needed districtwide per shift was reduced from 19 to 17. Based on how staffing is prioritized

throughout the district stations, if fewer than 19 firefighters are available per shift, Station 64 in Chico will not be staffed with career

firefighters. Volunteers will remain assigned to the station when available, according to K Fire.

I'"'~ . i "

3/12/2014 2



Thinking» Blog Archive» Group critiques CK Fire staffing d... http://pugetsoundblogs.com/peninsular thinking/20 14/0 1/16/group

On Jan. 8, Station 64 was not staffed with career volunteers, relying on volunteers.

Station 64 is still staffed with volunteers at this time and responding to calls, Ileana LiMarzi said Thursday. LiMarzi is the CK Fire public

information officer.

The district will continue to respond to calls in Station 64's response area, according to a fact sheet released by the district.

Smith argues that volunteers often work day jobs and are not available to staff stations 24/7.

No firefighters were laid off as a result of the reduction, which the district said was necessary to reduce increasing overtime costs.

In 2013, the district spent $886,730 on overtime, $177,261 more than budgeted. In 2011, the district spent $625,113 on overtime.

Smith took issue with how quickly the reduction took place and without public discussion at the meeting. Smith and many residents

learned about the potential reduction for the first time when they read the Nov. 12 agenda Friday before the meeting.

The community in Chico wasn't allowed input, Smith said.

He attended the Nov. 14 meeting, which was a packed house and had standing room only.

Everyone is entitled to their opinion on how quickly or not the decision happened, said David Fergus, CK fire commission chair.

Fergus had quite a few conversations with people in and outside the fire department about the decision, and feels the best decision

was made, he said.

After public comments were not allowed on the reduction vote, Smith wanted to provide another avenue for community members to

speak out. KFWwas formed.

Smith and KFW also take issue with the fact the reduction idea was not shared publicly before being placed on the board's agenda item.

t the end of last summer, the district finalized its strategic plan, but staff reductions were never mentioned, according to Smith. Every

part of the district had a say in the plan, including the union and Fire Chief Scott Weninger, Smith added.

Since the KFW signs have appeared in the community, residents have started to talk and ask the fire co mmissioners about the situation.

Commissioner Dick West said he has been approached.

During the Jan. 13 meeting he said he was appalled by the signs as well as the blogs.

West said he had planned to resign, vacating his position this summer, but decided to wait and see if talks and communication improve.

West dissented from voting on the staffing reduction.

The district is continuing business as usual, according LiMarzi.

In the meantime, Smith is hoping community members will step up to take over KFW.

I want to let it go and let people who aren' t associated with the fire department take it, he said. We have our own political goals as a

union, but the community needs a voice.

Friends, family and interested community members have started contacting the group and providing input, Smith said.

According to Smith, the group's current goals are to provide community input and gather community interest. Right now the group wants

the commissioners to rethink their priorities, he said.

According to Smith, the reduction affects response times and the safety of the firefighters. Although firefighters have sick leave, Smith is

concerned they will go to work regardless, worried that staffing numbers will be too low without them.

They have created a culture where guys are going to come in, because they don't want the station to close, Smith said.

Pleas to foster better communication between the district and the union are rising.

It sickens me what's going on, Steve Davison said. Davison, a CK Fire and Rescue Volunteer, spoke publicly at the end of the Jan. 13

CK fire commissioner meeting.

Davison said blame could be placed on both parties and suggested a communications summit be held.

3/12/2014 2



» Blog Archive » Group critiques CK Fire staffing d .. http:/ pugetsoundblogs.com/peninsular-thinking/20 14/0I 16/group-

"We need to bury our differences," Davison said. "We need to get along and serve the public, because that's what we are here to -

serve the public.'

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Tags: CK Fire, Kitsap Frre Watch

This entry was posted on Thursday, January 16th, 2014 at 4:41 pm by Rachel Anne Seymour and is filed under Central Kitsap, Kitsap

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3 12 2014 2



Fire Stat ion closed Wednesday Central Kitsap Reporter http:/ www.centralkitsapreporter.com/news/23933 3421.html ?mobi

1

entral Kitsap Reporter 0

hico Fire Station closed Wednesday

January 8 2014 · 3:07PM

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A neighborhood group known as 'Kitsap Fire Watch' has posted a sign at Silverdale Way and Knute Lane t bring

attention to the fact that they think the CKF R administration's priorities are upside down. The sign is in response to a

new 17 minimum firefighter standard in the district. That minimum also resulted in Central Kitsap Fire and Rescue's

Station 64, located on Chico Way. not being staffed Wednesday. said Ileana LiMarzi, public information officer for the

district. CONTRIBUTED PHOTO

I omment I

©Sound Publishing, Inc.

All rights reserved

Our Titles IWork With Us

3/12/2014 2



KITSAP FIRE WATCH S RESPONSE

-TO-

CENTRAL KITSAP FIRE AND RESCUE S

JANUARY 2014

FACT SHEET ON STAFFING LEVELS

(THIS ACCIDENT OCUCURED THIS WEEK. CKF R IS BROWING OUT THE STATION JUST DOWN THE STREET AS OF JANUARY 1, 2014)

Central Kitsap Fire and Rescue's primary source of revenue is from propert y taxes based off of property values. CKFR has experienced six (6) years of

successive drop in assessed valuation (AV) of properties between 2009-2014. This has resulted in our regular levy in 2011 and EMS levy in 2010 being capped

at their statutory limits of 1.50 and 50 cents respectively. Our total loss of revenue during this time is a little over 2 million dollars. This downward trend is

continuing into 2014.

o It's no secret that CKFR saw declining revenue. But during these years, CKFR still puts money into reserves. t the end of 2009 the rollover (unspent

money) was 1.7M. 2010's rollover was 1.4M. 2011's rollover was 1.2M. 2012's roll over was 1. 2013's roll over was 785K.

CKFR currently staffs career firefighters at five stations 24/7. These are CKFR's career staffed stations. The number of units and personnel assigned to career

fire stations vary according to the number and types of vehicles assigned to the stations. Some stations, such as the one in downtown Silverdale, have more

career firefighters assigned to it than the Chico Fire Station 64. Some career stations do have volunteer firefighters assigned to them (such as Station 64) and

are called a combination station.

o Station 64 is the only combination station at CKFR and currently is not staffed 24/7, as has been shown as recently as January 8th. f-l \



• 75 Career firefighters are assigned to three shifts. Twenty -five (25) fire figh ters are assigned to each shift. Wit h leave use (vacation, Kelly or adjustme nt days,

sick leave, etc.) staffing rests between 23 and 19 firefighters per day.

o This is far from the truth. It has been the goal of CKFR to staff 75 line positions. The adminis tration lacked accountability of the budget and failed to

sta ff and plan appropriately causing the over time. The goal of 75 does not support the minimum staffing of 19 promised to voters. As you can see in

the chart below, the 25 firefighters they assert to have assigned to the each shift has not been responsibly maintained by the District resulting in

excessive overtime.

4 1 12 1 1 13 J

r Around the region fire departments with a minimum staffing of 19 should be complemented with at least 27-28 firefighters a shift. Has anyone ever

thought that too many firefighters showed up to put out the fire? More firefigh ters means tasks being accomplished safer, quicker and more

efficiently.

• In the past, when our daily number of on-duty firefighters dropped below 19, we were hiring off-duty firefighters at an overtime rate of 11 2 times their

normal pay rate to maintain 19 personnel on duty.

n The Fair Labor and Standards Act mandates employers to pay overtime when someone exceeds their normal work hours. In the last Fire Levy ran by

CKF R one of the campaign messages they conveyed to us was that there would be at least 21 career firefi ghters on duty each day.

• The overtime budget allotment for 2013 was 709,469. The total amount spent on over time in 2013 was 886,730. Therefore over time was 177,261 over

budget.

J CKFR's budget for firefighter salaries in 2013 was for 75 positions but this includes 2 who work in the office and not at a station. This left 73 firefighters

to respond to emergencies. CKFR does not mention the various vacancies l eft open for nearly three years.

o Not coincidentally, CKFR's 2013 salary costs for these firefighters came in as 131,231 under budget (referencing the available data released at the

November 2013 commissioners meeting.) So, they spent 177,261 more on overtime but saved 131k in regu lar salary costs.

• Due to decreased revenue and increased costs CKFR's Operating Budget can no longer support historical overtime costs at the level they were accumulating.

r If this is the case, why would CKFR create three new positions at the administration building? In 2014, administrati ve salaries are budgeted to increase

260,000 from 2013. These positions include making a part-time volunteer coordinator (paid by grant money) i nto a full time position, hiring a full

time IT manager, and an assistant for the Deputy Chief.

o 2014 will see CKFR with 24 people working during the week in an office or shop while only a minimum of 17 firefighters respond to emergencies.

Kitsap Fire Watch challenges anyone to find an example of this type of upside-down prioritization in a fire district.



• At the Board of Commissioners' meeting on November 12, 2013, Chief Weninger made the recommendation to reduce minimum staffing from 19 to 17

effective December 1, 2013. It passed with a Board vote of 4-1. No firefighters have been laid off. Twenty-five (25) firefighters wil l continue to be assigned to

each shift.

o The sole opposi tion on the board came from Commissioner Dick West, the former CKFR Fire Chief for approximately 25 years. The rest of the

commission comprises of the following: the owner of a clothing store, an architect, the owner of an automobile repair shop, and a retired

metallurgical engineer.

o Curiously omitted in the aforementioned "fact" is the plan to drop staffi ng even further down to 15 career fire figh ters each day. Which section of our

community is the next to suffer?

• Station 64 had historically been a volunteer only staffed station, but as of January 1, 2012 it began operating as a combination station with two careerfirefighters assigned. In addit ion to career staff there continues to be 9 volunteers assigned to Station 64. One of these volunteers is a resident and lives at

the fire station.

o Essentially, in 2011, CKFR fulfilled a promise to the Chico area by finally staffing the station with career firefighters. This promise was made back in

2002 when District 12 merged into CKFR. A chief with 18 months on the job scrubbed Chico's safety off the board with no demonstrated planning,

research or community input.

• In 2011 CKFR s overtime expenditures were $625,113. During the two years that Station 64 was staffed full time with career firefighters, CKFR overtime

expenditures increased significantly to $869,298 and $886,730 respectively.

*See attached chart

) This comment is both true and at the same time the biggest fallacy on this "fact" sheet. There is ZERO relationship between the staffing of Station 64

and the overtime issue. The two firefighter positions at this station were no t new positions. The two firefighters worked in other areas of the District

and then were assigned to serve the Chico community at Station 64 on daily basis.

o Central Kitsap Fire and Rescue has budgeted over HALF A MILLION dollars in overt ime each year since 2008. If overtime rises above $380,000 hiring

more personnel should be immediately considered to prevent wasting our tax dollars on overtime. Who's responsible for the 5 years of budgetaryneglect?

• Effective January 1, 2014, when daily staffing drops below the new min imum level of 17, Station 64 may not be staffed with career firefighters for a portion of,

or the entire 24 hour shift depending on circumstances. Volunteer firefi ghters remain assigned to the station.

o Also true. There is no requirement for the volunteer members to listen to their pager or respond. One of the reasons firefighters were assigned to

Station 64 was due to a decrease in volunteer response and retention in this area. Volunteers are citizens who want to make their community

stronger. They have jobs, priorit ies, and ot her commitments. They should be commended for their work but not be the answer to a budget driven

issue. Our SAFETY shouldn't be gambled with

• January 8, 2014, was the first s hift in which CKFR did not staf f Station 64 with career firefighters.

o It will not be the last under this current staffing model.

• On days when Station 64 cannot be staffed with career firefighters, CKFR will continue to respond to all emergencies in Station 64's response area.

o The issue is emergency response times. The closest CKFR response come from Station 56, 7 minutes away, and Station 51, 10 minutes away.



Grover Ln. Cardiac Arrest

On 01-27-14 Central Kitsap Fire and Rescue responded to a call

for a cardiac arrest (CPR in progress) in division 64, on Grover Ln.

Station 64 had career staffing on this day, and units were available,

and in quarters.

The call was dispatched at 1730 hrs. and station 64 crews were

enroute at 1731. Aid 64 was on scene at 1734, and quickly took

over CPR from the patient s daughter. A defibrillator was placed

on the patient, and she was found to be in ventricular fibrillation

(VFIB). She was defibrillated successfully, regained a pulse, andsupportive measures were initiated until the arrival of Medic 51,

coming from Silverdale. On M51 arrival, the patient was further

stabilized and transport to HMHB was initiated. Early reports are

that the patient survived the incident.

This call illustrates the importance of early 911 activation, rapid

response, and effective CPR and early defibrillation in patient

survival.

Other fire department unit times of note are E63 (navy federal FD),

who s on scene time was 1738 (or four minutes AFTER A64), and

M5 (CKFR from Silverdale) who s on scene time was seven

minutes after A64.

While one can speculate on whether or not patient outcome would

have been compromised had station 64 been browned out on this

day, the four paramedics (with approx. 60years combinedexperience) on the scene ultimately concluded that the four minute

delay until E63 arrival would have likely cost this patient her life.

Also of note, at approx. 0607 the next morning, another critical call

was dispatched in station 64 s response area, with an elderly male



experiencing respiratory failure. t s likely that the five minute

difference (0614 vs 0619) between A64 and M56 arrival would

have precipitated respiratory and subsequent cardiac arrest prior to

M56 arrival. As it turned out, the personnel from station 64 were

able to assist the patient s respiratory status until stabilizingmedications could be administered by M56. The patient however,

did remain extremely critical during transport.



From

Sent

o

Cc

Subject

Attachments

Justin Brown

Saturday February 01 2014 11:19 AMRonald Smith; Christopher Bigelow

Steve Hostetter; Joseph Repar

Grover Ln cardiac arrest

Grover Ln cardiac arrest.docx

cri t ical call info from 1 27 14.

r

r

DR 11





File Edit View Favorites Tools Help

Kitsap ire Watch

Kitsap flre Watch shar.;cc a link,

Direct your attention to the below link to an accounting of a true

emergency that took place In 2014. Identi1)ring details have been

removed.

This is a gamble that no community should have to endure. The

Chico citizens lost their permanently· staffed fire house.

The Chief thought a Fact Sheet would ease fears. The Facts are

Station 64 was shutdow·n on four occasions in January for 24

hours and this doesn't include the partial days.

The CKFR Chief suggests they are adequately protected with

volunteer firefighters who respond to the station from home IF

they are available for the day.

http://kitsapfirewatch.org/front-page.htrnl

http://kitsapfirewatch.org/front-page.htntl}jtsapfirewatch.Grg

On Oi-27·14C.:ntral Kitsap Fir = and RestiJ€ responded to a cali 'oro

cardiac arrest (CPR in progress) in dhrision 64, on r o v · ~ r Ln.

Like ·Comment, Share

a J · ~ o p l e Iike this.

Write a comrnent. ..

DR 19



i.:J kltsapfirewatch.orgJfront-po x

ltsa-,firev,tatch.<Jr_ front .htmi

On 01.27-14 Central Kitsap Fire and Rescue responded to a call for a cardiac arrest (CPR in progress) in division 64,

on Grover Ln.

Station 64 had career staffing on this day, and units were available, and in quarters.

The call was dispatched at 1730 hrs. and station 64 crews were enroute at 1731. Aid 64 was on scene at 1734, and quickly

took over CPR from the patient s daughter. A defibrillator was placed on the patient, and she was found to be in ventricular

fibrillation VFIB). She was defibrillated successfully, regained a pulse, and supportive measures were initiated until the arrival of

Medic 51, coming from Silverdale. On M51 arrival, the patient was further stabilized and transport to HMHB was initiated. Early

reports are that the patient survived the incident

This call illustrates the importance of early 911 activation, rapid response, and effective CPR and early defibrillation in patient

survival.

Other fire department unit times of note are E63 navy federal FD), who s on scene time was 1738 or four minutes AFTERA64), and M51 CKFR from Silverdale) who s on scene time was seven minutes after A64.

While one can speculate on whether or not patient outcome would have been compromised had station 54 been browned out

on this day, the four paramedics (with a p p r o ~ . 60years combined experience) on the scene ultimately concluded that the four

minute delay until E63 arrival would have likely cost this patient her life.

Also of note, at approx. 0607 the next morning, another critical call was dispatched in station 64 s response area, with an

elderly male experiencing respiratory failure. It is likely that the five minute difference 0614 vs 0619) between A6 and M56

arrival would have precipitated respiratory and subsequent cardiac arrest prior to M56 arrival. As it turned out, the personnel from

station 64 were able to assist the patient s respiratory status until stabilizing medications could be administered y M56. The

patient however, did remain extremely critical during transport.

Our response to the No Man s Land issue at CKFR

f'J.(I="R ~ r m n t ~ ~ r l r l r o ~ ~ i n n tkt r ~ I I P r l Atn M ~ n ~ ~ t=)nrJ i ~ ~ I I P \Aitthin ite h n u n r l : u i t > ~ l ~ v :l.nnrnvim::'ltl-1ht 1m n r n n p t f i p ~ t h : : ~ t DR_ 20



Eileen McSherry

From: Scott Weninger

Sent

To:

Wednesday, February 05, 2014 4:37 PM

Ileana LiMarzi

Cc:

Subject

Ieana,

Force Tolar; Eileen McSherry

Kitsap Fire Watch

Please continue to monitor Kitsap Fire Watch and their Facebook page and let me know if there is anything

inappropriate posted that I need to know about.

Since we have an investigation underway, please keep the issue we spoke on confidential.

Thanks

ire liief Scott Weninger

Central Kitsap Fire Rescue5300 Newberry Hill RdSilverdale, WA 98383(360) 447-3556

Central Kitsap Fire & Rescue is dedicated to the preservation and protection o ife property and theenvironment.

Follow us

Facebook: Central Kitsap Fire & Rescue - Official SiteWebsite: www.ckfr.org

"Leaders are visionaries with a poor ly developed sense of fear and no concept of the odds against them." Robert Jarvik

DR 60

1

: - l



Eileen McSherry

From:

Sent:

To:

Subject:

fyio

ire CliiefScott Weninger

Scott Weninger

Wednesday/ February 5 1 2014 4:23 PM

Eileen McSherry

FW:

Central Kitsap Fire & Rescue5300 Newberry Hill RdSilverdale, WA 98383(360) 447-3556

Central Kitsap Fire & Rescue is dedicated t the preservation and protection o ife property and the

environment.

Follow usFacebook: Central Kitsap Fire & Rescue- Official SiteWebsite: www.ckfr.org

"Leaders are visionaries with a poorly developed sense of fear and no concept of the odds against them." Robert Jarvik

From: David FergusSent: Wednesday/ February 05 2014 10:04 AM

To: Scott WeningerSubject:

I've spent the last hour reading the material posted on the Kitsap Fire Watch website and the companion

Facebook page. I found much of the content alarming. District management needs to be vigilant in

monitoring both of these sites, which are different to ensure the District and our members are not

compromised in any way.

Dave

David FergusFire Commissioner Central Kitsap Fire RescueVice President Washington Fire Commissioners Associat ion

5300 NW Newberry Hill Road Suite 101

Silverdale, Washington 98383

[email protected] 58







Eileen McSherry

From

Sent

To

Subject

Eileen McSherry

Tuesday, February 04, 2014 11:36 AM

Sofia Mabee

RE CKFR Policies

Attachments Form 2419 CKFR Member Confidentiality and Dissemination of Patient Information.doc

From Sofia Mabee [mailto:[email protected]]Sent Tuesday, February 04, 2014 10:32 AM

To Eileen McSherrySubject RE: CKFR Policies

[email protected]

From Eileen McSherry [mailto:[email protected]]Sent Tuesday, February 04, 2014 10:22 AM

To Sofia MabeeSubject CKFR Policies

Human Resources ManagerCentral Kitsap Fire and Rescue360 447 3592

--------------·------·--- Summit Law Group · ········ ······

The informat ion contained in this e-mail message may be privileged, confidential and protected from disclosure. If you are not the intended recipient, anydissemination, distribution or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at the above e-

mail address.

Circular 230 Notice: To comply with IRS regulations, please note that any discussion of Federal tax issues in this email (and in any attachments) is not intended or

written to be used, and cannot be used, by any taxpayer for the purpose of (a) avoiding any penalties imposed under the Internal Revenue Code or b) promoting,marketing or recommending to another party any transaction or matter addressed herein.

1DR 77




Policy on Confidentiality and Dissemination o

Patient Information and CKFR Member Verification

Given the nature of our work, it is imperative that we maintain the

confidence of patient information that we receive in the course of our work.CKFR prohibits the release of any patient information to anyone outside the

organization and discussions of protected health information (PHI) within the

organization should be limited. Acceptable uses of PHI within the organization

include but are not limited to peer review, internal audits, quality assurance and

billing.

I understand that Central Kitsap Fire Rescue provides services to

patients that are private and confidential and that I am a crucial step in respecting

the privacy rights of Central Kitsap Fire Rescue's patients. I understand that it

is necessary, in the rendering of Central Kitsap Fire Rescue services, that

patients provide personal information and that such information may exist in a

variety of forms such as electronic, oral, written or photographic and that all such

confidential information is strictly confidential and protected by federal and state

laws that prohibit its unauthorized use or disclosure for treatment, payment andhealth care operations.

I agree that I will comply with all confidentiality policies and procedures setin place by Central Kitsap Fire Rescue during my entire employment with

Central Kitsap Fire Rescue. If I at any time, knowingly or inadvertently breachthe patient confidentiality policies and procedures, I agree to notify the Privacy

Officer of Central Kitsap Fire Rescue immediately. In addition, I understand

that a breach of patient confidentiality may result in disciplinary action. Upon

separation of service for any reason, or at any time upon request, I agree toreturn any and all patient confidential information in my possession.

I have read and understand all privacy policies and procedures that have

been provided to me by Central Kitsap Fire Rescue. I agree to all conditions of

my employment set forth in this agreement. This is not a contract of employment

and does not alter the nature of the employment relationship between Central

Kitsap Fire Rescue and me.

Printed Name

Signature ate

FORM 2419 (04/03)

DR 78



To

From

Date

Subject

FORMAL INVESTIGATION NOTICE

Ronny Smith, Firefighter/EMT

Jay Lovato, Deputy Fire Chief

February 6 2013

Formal Investigation

After gathering preliminary facts and information regarding an e-mail sent to the Medical

Officer regarding a recent incident, and the disclosure of this confidential information, it

has been determined that this investigation will be advanced to a Formal Investigation .

All information, including previous investigations and statements will be documented.All of this information gathered will be evaluated before making a disciplinary decision.

You have the right to have a union representative during any questioning/information

gathering.

• A meeting will be held to discuss this at 1:00 p.m. today in my office.

cc:28 9



To:

from

Date

Subject:

FORMAL INVESTIGATION NOTICE

Justin Brown Probationary Lieutenant

Jay Lovato, Deputy Fire Chief

February 6 2013

Formal Investigation

After gathering preliminary facts and information regarding an e ~ m i l sent to the Medical

Officer regarding a recent incident, and the disclosure of this confidential information, it

has been determined that this investigation will be advanced to a Formal Investigation .

All information including previous investigations and statements will e documented.

All of this information gathered will e evaluated before making a disciplinary decision.

You have the right to have a union representative during any questioning/information

gathering.

A meeting will be held to discuss this at 1:30 p.m. today in my office.

cc:2819



arrity Warning

I wish to advise you that you are being questioned s part of n official investigation of

Central Kitsap Fire Rescue. You will be asked questions specifically directed to yourperformance s n employee o Central Kitsap Fire Rescue. You are hereby orderedto answer the questions posed to you. Refusing to answer will be consideredinsubordination nd will subject you to discipline, up to and including termination. Yourstatements c n be used against you in disciplinary proceedings; however, yourstatements cannot be used against you in any subsequent criminal proceedings.

Signature

Print Name

Lrf

Date



February 7 2014

Firefighter/EMT Ronny Smith

Station 51


Re: Notice of Loudermill Meeting

Dear Firefighter Smith:

CENTRAL H ITSA/1

This letter invites you to attend a Loudermill meeting on Friday, February 13, 2014, at 10:00

a.m. in the Fire Chief's office at the Central Kitsap Fire and Rescue (CKFR) Administration

Building. The purpose of the meeting is for you to present information for consideration before a

decision is made as to whether to impose disciplinary action.

Background

On February 4 2014, the District became aware that a posting of confidential patient

information had occurred on a public internet page. That same day, the District also became

aware of an internal email chain that included the exact verbiage from the public posting sent to

you from another Firefighter. A request to remove the confidential patient information was

officially sent to the website by the Fire Chief the next day. Investigation of the incident as it

related to a release of patient information by District employees was initiated on February 6

2014, and you were interviewed that afternoon.

The website identifies you as the person who provided the information for distribution to the

public. You also received the email containing the information. During your interview, you

admitted receiving the information. The information publicly distributed includes detailed

descriptions of patient information, including the date and time health care was administered

(down to the minute) and the location (by street name) of the provision of health care; the details

of the patient's medical condition; the details of medical care administered; and even facts

regarding what the patient's family members were doing to assist in providing care. In regards

to a second patient, you publicly referred to that patient's age as being elderly, you described

his diagnosed medical condition, the care administered, and his medical status ( extremely

critical ) during transport.

Prior to your interview, you received and signed a Garrity warning. The warning stated, You

are hereby ordered to answer the questions posed to you. Refusing to answer will be

considered insubordination and will subject you to discipline, up to and including termination.

However, during your interview, when asked 'What did you do with this information? you

refused to answer. When asked, Who did you give it to or where else did you distr ibute it after



you received it, electronically or otherwise? you answered, It is none of your business. When

asked, 'Where else has it been distributed by you? you refused to answer.

n February 7 2014, the District became aware that the same patient information you

apparently disclosed to the public internet page had also been published in a letter to the editor

written by you and published by the Bremerton Patriot/Central Kitsap Reporter. A copy of thepublished article is enclosed with this notice.

Rules Allegedly Violated

It appears that you have violated the following:

CKFR District Policy

SOP 2.2.6 Specific provisions include:

1.3.3 PFR's are deemed confidential files and any documentation denoting access to the

records will be attached.

1.4.1 Protected Health Information (PHI) is protected in any medium, whether oral, written, or

electronic.

1.4.8 Central Kitsap Fire and Rescue will maintain a record of all third party disclosures of their

information

1.4.1 0. Violations of patient confidentiality are serious offenses.

1.5.1 No personal copies of PHI are to be retained or distributed by members of Central Kitsap

Fire and Rescue who are not identified as authorized to do so in this Policy and Procedure.

CKFR Core Cove

nants. You are sworn to uphold the Core Covenants of the District, including Integrity, Respect,

Duty and Loyalty. Our mission is to serve our community and to preserve their trust in us so

that we can do the best job possible. It appears you have violated the covenants that you swore

to uphold and placed CKFR citizens and our mission in serious jeopardy with your actions.

CKFR Disciplinary Manual Table of Offenses):

Insubordination Non-emergency) - Willful disregard o a direct order to cooperate during

an investigation

Indecent or immoral conduct or conduct unbecoming o an employee o the

District - Behavior or actions which adversely reflect on the department and/or conduct not

appropriate for employees in a position o public trust



Improper performance of assigned duties - Neglect or failure t satisfactorily perform the

duties of the position

Washington State RCW 42.23.070

Section 4. No municipal officer m y disclose confidential information gained by reason of the

officer s position.

Federal HIPAA, 42 USC 13200-6

The federal Health Insurance Portability and Accountability Act (HIPPA) prohibits knowingly

obtaining and disclosing individually identifiable health information without authorization. The

information you disclosed publicly contains detailed health information that can be identified with

District patients.

Washington State Uniform Health Care Information Act, RCW 70.02.020 1)

A health care provider or an agent and employee of a health care provider may not disclose

health care information about a patient to any other person without the patient's written

authorization.

Anticipated Disciplinarv Action

On May 22, 2003, you signed a written commitment to abide by the District's confidentiality

policies and procedures. Your signed acknowledgement states, If I at any time, knowingly or

inadvertently breach the patient confidentiality policies and procedures, I agree t notify thePrivacy Officer of Central Kitsap Fire and Rescue immediately. In addition, I understand that a

breach of patient confidentiality may result in disciplinary action.

It appears that our obligations to protect the public have been compromised by your behavior

and you have put the entire District as a HIPPA covered entity at risk by violating federal and

state laws. You have received prior training on confidentiality and are subject to CKFR's

absolute prohibition as well as laws that prohibit this under your licensure as an EMT in

Washington State.

The Fire Chief sent formal notice to the public website on February 5 2014 that the disclosure

of patient information was a violation of HIPAA and demanded that it be removed. However, the

information has not been removed. To the contrary, the website added a line stating that you

are responsible for providing the information. On February 6 I advised you in person that

disclosing the patient information on the internet violated HIPAA. Nevertheless, the following

day, your letter to the editor was published. These facts indicate to me that you do not

acknowledge the seriousness of the District's commitment to patient confidentiality and your

obligations as a District employee under HIPAA. I am also very concerned about your



apparently willful violation of a direct order to answer questions relating to an investigation of a

HIPAA breach.

Given the seriousness of the allegations against you and your insistence that a release of

patient information protected by HIPAA s none of the District's business , the anticipated

disciplinary action n this matter is up to and including termination.

Notice of Loudermill Meeting

Your Loudermill meeting will take place on February 13, 2014, at 10:00 a.m., n the Fire Chief's

office. You are welcome to bring a union representative with you to the meeting.

You are reminded that CKFR strictly prohibits retaliation against any employee who participates

n an investigation.

Sincerely,

Scott Weninger

Fire Chief

Attachments:

CKFR Policy

Notes from Interviews

Signed Garrity Warning

Signed Acknowledgment

E-mail

Screen shot of Kitsap Fire Watch identifying you

Screen shot of Letters to Editor 2-7-2013

cc: Terry Fassett, IAFF 2819



February 7 2014

Probationary Lieutenant Justin BrownStation 64


Re: Notice of Loudermill Meeting

Dear Lieutenant Brown:

CENTR L KITS P

This letter invites you to attend a Loudermill meeting on Friday, February 13, 2014, at 12 noon

in the Fire Chiefs office at the Central Kitsap Fire and Rescue (CKFR) Administration Building.

The purpose of the meeting is for you to present information for consideration before a decision

is made as to whether to impose disciplinary action.

Background


'information had occurred on a public internet page. That same day, the District also became

YJ aware of an internal e-mail chain that included the exact verbiage from the public posting sent

you, as the author, to a group of other employees, including employees who were not

\ involved in providing care to the patients referenced. A request to remove the confidential '

patient information was officially sent to the website by the Fire Chief the next day. lnvestigatiOb-1

' of the incident as it related to a release of patient information by District employees was i n i t i a A . ~ 'on February 6 2014, and you were interviewed that afternoon. r ,

. .The information distributed by you to other employees within the District and then ultimyrfely to

~ p u l i c on the internet includes detailed descriptions of patient information, i n l u d i ~ the date

and time health care was administered (down to the minute) and the location (by street name) of

• the provision of health care; the details of the patient's medical condition; the details of medical

care administered; and even facts regarding what the patient's family members were doing to

f assist in providing care. In regards to a second patient, you referred to that patient's age as : , '

elderly · is diagnosed medical condition, thP r.are administered.r-nrf his medical

) status · extremely critical d11rinn t r ~ n s o o r t __ ·

-During the investigation, you admitted writing ttie,6-niail and creating the attachment. You ~ e 1 1 u l

that you e-mailed it in response to a solicitation from Ronny Smith to share this information with

him. You said that you also copied the shift representative and the Medical Safety Officer as a

matter of course. On February 7 2014, the District became aware that the same patient

information had been published in the Bremerton PatrioUCentral Kitsap Reporter.



Rules Allegedly Violated

It appears that your actions have violated the following:


SOP 2.2.6. Specific provisions include:

V '



1.4.1 Protected Health Information lPHI) is crotected in anv medium,_whether oral, written, or1

electronic. 1

1.4.1 0. Violations of patient confiriAntialitv ar .... .. ._. ·- · 1ses

J


Fire and Rescue who are not identified as authorized to do so in this Policy and Procedure. I

CKFR Disciplinary Manual (Table of Offenses):

Indecent or Immoral ondu t or conduct unbecoming of an employee of the District -

Behavior or actions which adversely reflect on the deparlment and/or conduct not appropriate

for employees n a position o public trust

Improper perfonnance of assigned duties - Neglect or failure to satisfactorily perform the

duties o the position

Federal HIPAA. 42 USC 13200-6

The federal Health Insurance Portability and Accountability Act (HIPPA) prohibits knowingly

disclosing individually identifiable health information without authorization, including disclosures

between District employees.

Anticipated Disciplinary Action

On April 10 2003, you signed a written commitment to abide by the District's confidentiality


inadvertently breach the patient confidentiality policies and procedures, I agree to notify the

· Privacy Officer of Central Kitsap Fire and Rescue immediately. In addition, I understand that a

breach of patient confidentiality may result in disciplinary action.

You have received prior training on confidentiality and are subject to CKFR's absolute

prohibition as well as laws that prohibit this under your licensure as a Paramedic in Washington.._



State. Given the seriousness of the allegations against you CKFR is considering discipline up

to and including a written reprimand.

Notice of Loudermill Meeting

Your Loudermill meeting will take place on February 13 2014 at noon in the Fire hiefs office.

You are welcome to bring a union representative with you to the meeting.

You are reminded that CKFR strictly prohibits retaliation against any employee who participates

in n investigation.

Sincerely

Scott Weninger

Fire Chief

Attachments:

CKFR Policy

Investigative Report and Notes from Interviews

Signed Garrity Warning

Signed Acknowledgement

E-mail

Screen shot of Kitsap Fire Watch

Screen shot of Letters to Editor 2-7-2013

cc: Terry Fassett IAFF 2819



March 13, 2014

Probationary Lieutenant Justin Brown

Station 64


Re: Notice of Discipline

Dear Probationary Lieutenant Brown:

CENTR L KITS P

On February 7 2014, you received notice of a Loudermill meeting to be held on February 13.On February 10, I rescheduled the meeting to February 25. The meeting took piace on

February 25, in my office. You were accompanied by union representative Terry Fassett and

legal counsel for the Local, Michael Duchemin. Also present were HR Manager Eileen

McSherry, Deputy Fire Chief Jay Lovato, and legal counsel for the District, Ken Bagwell.


information had occurred on a public internet page, Kitsap Fire Watch. That same day, the

District also became aware of an internal email chain that included a message from you to

Firefighter Ronny Smith that contained the same verbiage as was posted to the website. Arequest to remove the confidential patient information contained in your message to Firefighter

Smith and posted to the website was officially sent to the website by the Fire .Chief the next day.

Investigation of the incident as it related to a release of patient information by District employees

was initiated on February 6 2014, and you were interviewed that afternoon.

The internal email chain identified you as the person who originally provided the information to

other employees within the District that was later distributed to the public. During your

investigatory interview, you admitted providing the information. The information publicly

distributed includes detailed descriptions of patient information, including the date and time

health care was administered (down to the minute) and the location (by street name) of the

provision of health care; the details of the patient's medical condition; the details of medical care

administered; and even facts regarding what the patient's family members were doing to assist

in providing care. In regards to a second patient, you publicly referred to that patient's ge as

being elderly, you described his diagnosed medical condition, the care administered, nd his

medical status ( extremely critical ) during transport.



During your interview, you admitted writing the e-mail and creating the attachment. You said

that you e-m ailed it to Ronny Smith after he asked you for a copy. You said you copied the shift

representative as well as the Medical Officer, BC Repar, as a matter of course.

On February 7 2014, the District became aware that the same patient information you provided

had also been published in a letter to the editor written by Ronny Smith and published by the

Bremerton Patriot/Central Kitsap Reporter.

Loudermill Meeting

During your Loudermill meeting, Mr. Duchemin asserted that your case was about protected

union activity because Ronny Smith is the vice president of the union. He said that, even if you

shared HIPPA protected information, you did not know that then and there should be more

training on what members can do. Mr. Duchemin suggested that BC Hostetter and BC Repar

should also be disciplined.

Speaking on your own behalf. you said that you were asked to write up similar things in the

past. You stated that you took the time and other details from the rip and run documents at

the stations and that your write up was about what you s w and heard on the scene. You also

said that you had no knowledge this was going to a public website.

Rules Violated



1.3.3 PFR's are deemed confidential files and any documentation denoting access to.the


1.4.1 Protected Health Information (PHI) is protected in any medium, whether oral, written, or

electronic.

1.4.8 Central Kitsap Fire and Rescue will maintain a record of all third party disclosures of their

information

1.4.1 0. Violations of patient confidentiality are serious offenses.





CKFR Disciplinary Manual <Table of Offenses :

Improper performance of assigned duties Neglect or failure to satisfactorily perform

the duties o the position

Federal HIPAA. 42 USC 13200 6

The federal Health Insurance Portability and Accountability Act (HIPAA) prohibits knowingly

obtaining and disdosing individually identifiable health information without authorization. You

disclosed detailed information that can be identified with District patients to others who did not

administer care to the patient and did not have authority to receive that level of detailed patient

information.

Washington State Uniform Health Care Information Act, RCW 70.02.020{1}

A health care provider or an agent and employee of a health care provider may not disclose


authorization.

Disciplinary Action

On April 10, 2003, you signed a written commitment to abide by the District's confidentiality



Privacy Officer of Central Kitsap Fire and Rescue immediately. In addition, I understand that a

breach of patient confidentiality may result in disciplinary action. You failed to honor this

commitment by providing detailed patient medical information to District employees who did not

administer care to the patient and who did not have authority to receive that level of detailed

patient information.

You are subject to CKFR's absolute prohibition on release of patient information, as well as laws

that prohibit this. As a result of your release of detailed patient information to Ronny Smith, who

subsequently distributed the information to the media and the internet, CKFR is now obligated to

notify the patient that private medical information was released in violation of HIPAA. As a

highly trained Paramedic, you are or should be intimately familiar with medical privacy concepts

and the laws regarding HIPAA.

The Local's attorney recommended that the District impose the same level of discipline against

you as it imposes against Firefighter Smith. I do not agree. However, I am very concerned

about your failure to acknowledge the importance of protecting the privacy of medical

information and your failure to show remorse for mishandling medical information in a w y that

has reflected poorly on the Department. After considering all of the circumstances, I have

decided to issue you a written reprimand and a warning that any further violations will result in

additional discipline and may include termination.

· · · ·



If you have questions about the release o patient information in the future my expectation s

that you will seek guidance from a supervisor before making any such disclosures.

Sincerely

Scott Weninger

Fire Chief

cc: Terry Fassett IAFF 2819



March 13 2014

Firefighter/EMT Ronny Smith

Station 51


Re: Notice o Suspension

Dear Firefighter Smith:

CENTR L KITS P

On February 7 2014, you received notice of a Loudermill meeting to be held on February 13.

On February 10 you requested additional time to prepare for the meeting. I granted yourrequest and postponed the meeting until February 25. The meeting took place on February 25,

in my office. You were accompanied by union representative Terry Fassett and legal counsel

for the Local, Michael Duchemin. Also present were HR Manager Eileen McSherry, Deputy Fire

Chief Jay Lovato, and legal counsel or the District, Ken Bagwell.

• Background


information had occurred on a public internet page. That same day, the District also became

aware of an internal email chain that included the exact verbiage from the public posting sent to

you from another Firefighter. A request to remove the confidential patient information wasofficially sent to the website by the Fire Chief the next day. Investigation of the incident as it

related to a release of patient information by District employees was initiated on February 6

2014, and you were interviewed that afternoon.

The website identified you as the person who provided the information for distribution to the

public. You also received the email containing the information. During your investigatory

interview, you admitted receiving the information. The information publicly distributed includes

detailed descriptions o patient information, including the date and time health care was

administered (down to the minute) and the location (by street name) of the provision of health

care; the details of the patient's medical condition; the details of medical care administered; and

even facts regarding what the patient's family members were doing to assist in providing care.

In regards to a second patient, you publicly referred to that patient's age as being elderly, you

described his diagnosed medical condition, the care administered, and his medical status

( extremely critical ) during transport.

Prior to your investigatory interview, you received and signed a Garrity warning. The warning

stated, You are hereby ordered to answer the questions posed to you. Refusing to answer will

··· ········



be considered insubordination and will subject you to discipline, up to and including

termination.

During your interview, you were asked, What did you do with this information? You refused to

answer the question. You were also asked, Who did you give it to r where else did you

distribute it after you received it electronically or otherwise? You answered, It is none of your

business. When asked, Where else has it been distributed by you? you refused to answer.

On February 7 2014, the District became aware that the same patient information had been

published in a letter to the editor written by you and published by the Bremerton Patriot/Central

Kitsap Reporter.

Loudermill Meeting

During your Loudermill meeting, you and Mr. Duchemin made statements on your behalf.

With regard to the charge of disclosing patient information outside the District, you said that you

talked with the President of the Local and asserted that you had no idea the information

constituted protected patient information. You also asserted that because you provided the

patient information to a public website (and news media) in your capacity as a union official, the

District could not enforce its policies against you. I am not persuaded that serving as a union

official grants you a special license to disclose medical information about District patients .

HIPAA and other medical privacy laws do not contain any such exception. You received the

information at your District email address from a District co-worker.

Related to the insubordination charge, you asserted that you were not given enough time t

prepare for your investigatory interview. You also stated that you legitimately refused to answer

questions because you were operating in your union capacity. I do not agree. HIPAA requires

investigations of patient information breaches. The questions posed to you were limited to

questions about what information you received and what you did with it. You were not asked

about your motivation r any internal union matters. The website and news media organization

identified you as the person who provided the information for publication, and the District

legitimately inquired as to your actions in that regard.

Moreover, you have an obligation as a District employee to obey direct orders from a superior

officer. In this case, you received a direct order in writing, which was read aloud to you and

then signed by you before any questions were asked. The order stated, Refusing to answer

will be considered insubordination and will subject you to discipline, up to and includingtermination. Nevertheless, even after receiving the order, you refused to answer questions.

You did not ask for more time to prepare. You were accompanied by a union representative,

and your union representative did not ask for more time to prepare. I do not find that the

amount of notice you were given prior to your interview mitigates y ur refusal to obey a direct

order.

___ _ _____ ........... ..... .



During your Loudermill meeting, the Local's attorney suggested that the Firefighter who sent

you the patient information should be disciplined at the same level of discipline as you. I do not

agree. The other firefighter did not send the patient information to your Local email address.

He sent it to your District email address. You forwarded the information outside the District, first

to your union address, and then to the public website and news media. Second, your refusal to

obey a direct order by answering questions relating to a HIPAA breach constitutes independent

grounds for discipline.

Following your Loudermill meeting, you were asked to answer follow-up questions regarding

your statement at your Loudermill meeting that you had no idea you disclosed protected patient

information. During your second interview on March 11, 2014, you continued to deny that you

released HIPAA-protected information. When asked when you understood that the District

thought you released HIPAA-protected information, you said you found out on February 6, 2014.

You said that you have not taken any action to stop the disclosure by the Bremerton

Patriot/Central Kitsap Reporter. When asked if you took steps to stop the disclosure by the

Kitsap Fire Watch, you indicated you asked them to take it down from their website out of

respect for the investigation but you could not remember when. The Local's attorney said you

did so within 2 or 3 days after February 7

Rules Violated





1 4 1 Protected Health Information (PHI) is protected in any medium, whether oral, written, or

electronic.

1.4.8 Central Kitsap Fire and Rescue will maintain a record o all third party disclosures o their

information

1 4 1 0 Violations o patient confidentiality are serious offenses.

1 5 1 No personal copies of PHI are to be retained or distributed by members of Central Kitsap


CKFR Core Covenants.

You are sworn to uphold the Core Covenants o the District, including Integrity, Respect, Duty

and Loyalty. Our mission is to serve our community and to preserve their trust in us so that we



do the best job possible. It appears you have violated the covenants that you swore to

uphold and placed CKFR citizens and our mission in serious jeopardy with your actions.

CKFR Disciplinary Manual Table of Offenses):

You are charged with multiple counts from the Manual:

Insubordination Non-emergency)- Willful disregard of direct order to cooperate during

n investigation.

Improper performance of assigned duties - Neglect or failure to satisfactorily perform

the duties of the position.

Violation of Operating Policies/Procedures or Rules and Regulations, not specifically

mentioned in the Discipline Manual - Deliberately violating established Department

policy as well s state and federal laws.

Washington State RCW 42.23.070

Section 4 No municipal officer may disclose confidential information gained by reason of the

officer s position.

Federal HIPAA. 42 USC 13200-6

The federal Health Insurance Portability and Accountability Act (HIPAA) prohibits knowingly

obtaining and disclosing individually identifiable health information without authorization. The

information you disclosed publicly contains detailed health information that can be identified withDistrict patients.

Washington State Uniform Health Care Information Act. RCW 70.02.020 1)

A health care provider r an agent and employee of a health care provider may not disclose


authorization.

Disciplinary Action

On May 22, 2003, you signed a written commitment to abide by the District's confidentialitypolicies and procedures. Your signed acknowledgement states, If I at any time, knowingly r


Privacy Officer of Central Kitsap Fire and Rescue immediately. In addition, I understand that a

breach of patient confidentiality may result in disciplinary action. You failed to honor this

commitment.



Your actions have put the District, a HIPAA-covered entity, at risk. You are subject to CKFR s

absolute prohibition on release of patient information, as well as laws that prohibit this. As a

result of your actions, CKFR is now obligated to notify the patient that private medical

information was released in violation of HIPAA. Your conduct reflects poorly on the District and

shows you do not assign the necessary regard to the citizens we serve.

In my Notice of Loudermill meeting, I advised you that the seriousness of your refusal to obey

direct orders and your unwillingness to acknowledge the District s commitment -· and legal

obligations regarding patient confidentiality required that the District consider disciplinary

action up to and including termination of your employment. I continue to be very concerned

about your commitment to medical privacy rules. Most importantly, you have not at any time

during this investigation shown concern for your actions; to my knowledge you still do not admit

to your wrongdoing. The failure to show any remorse for your action in light of the suffering

potentially caused to a member of the public weighs heavily in my decision. This adds to the

fact that you have violated multiple policies, laws, and obligations known to you as a District

firefighter.

Although I believe you should have known better, especially as a trained provider of Emergency

Medical Services, I am willing to accept your statement in your Loudermill that you do r.ot have

sufficient knowledge of the rules around medical privacy in regards to your initial disclosures.

Were that not true, I would be proposing your termination from your position. However, your

asserted lack of knowledge does not justify all of your behavior because you did not attempt to

immediately retract the disclosures after being informed that the information was HIPAA

protected. In fact, you continue to deny that the information is HIPAA-protected despite the

District s clear guidance to you on that. Under all of the circumstances, I have decided to

impose an unpaid suspension of three (3) shifts and to require that you attend training on

medical privacy rules as soon as possible, no later than 30 days from receipt of this decision.You may coordinate your retraining through your BC with Training Division Chief, Robert Law.

Should you fail to correct your conduct, you may face discipline up to and including termination

of your employment.

If you have questions about the release of patient information in the future, my expectation is

that you will seek guidance from a supervisor before making any such disclosures.

cc Terry Fassett, IAFF 2819



From: Scott Weninger <[email protected]>

Date: February 7, 2014 at 3:21:45 PM PST

To: [email protected] <[email protected]>

Cc: Eileen McSherry <[email protected]>

Subject: Info released by 2819

Hi Craig,

Thanks again for participating in our initial CKFR economic summit meeting on Wednesday

night.

Attached are some documents that provide background on a very serious situation we are

currently facing.

I would appreciate your assistance in helping us resolve this issue as promptly as possible.

Scott

Fire Chief Scott Weninger


53 Newberry Hill Rd

Silverdale, W A 98383

(360) 447-3556



February 7 2014

Craig BeckerIAFF Local2819 President

Poulsbo Fire Department

911 N.E. Liberty Road

Poulsbo, Washington 98370

Re: HIPAA--related Investigation

Dear President Becker:

CENTR L KITS Pi iiiE

This letter responds to a letter I received from Ronald Smith, Vice President of the Local, on

February 6 2014, regarding the District s investigation of Smith for releasing confidential patientinformation.

s a HIPAA-covered entity, the District is responsible for enforcing HIPAA requirements

regarding the safeguarding of confidential patient information. The release of details regarding

the District s provision of health care on a public webpage, and subsequently in a published

media article, appears to be a HIPAA breach, which the District has an obligation to investigate.

This investigation has no relation to the motive for disclosing the information. The focus of the

investigation is what patient information was disclosed, by whom, and to whom.

Disclosure of patient information is against the law, violates District policy, and is extremely

serious.

I hope this letter clarifies the District s intentions in this matter. I would be happy to discuss it

further with you if the Local continues to have concerns.

Sincerely,

ls

Scott Weninger

Fire Chief



•Chief Weninger,

I FF Local 28 9

rofessional irefighters of Kitsap county



Today I was called in to discuss allegations th t I, and other members of the Union, disclosed some type

of information th t was protected by the Health Insurance Portability and Accountability Act HIPAA). In

response to these allegations, the Union requests the following:

• All documents th t relate in any way to the incidents or circumstances th t are the subject of

your investigation/inquiry. This would include any and all incident reports, dispatch records,

internal memos ore-mails, etc. These documents or records are being requested under the

authority of the Public Records Act. The Union specifically requests th t if any documents or

records are withheld th t fall within the scope of this request th t they be identified with

adequate particularity th t would enable the Union to identi fy the record(s) being withheld, and

a statement, with citation to authority, th t is the basis upon which the District relies in its

refusal to provide such documents or records.

The Union also requests this information, documents, or records under the collective bargaining law,

Chapter 41 56 RCW. As you know, there are sometimes documents, records, or information th t are not

available to the general public under the Public Records Act1 but th t are available to the Union under

the much broader authority of chapter 41 56 RCW.

In addition to the requested records, the Union asks th t you explain any and all of the reasons why you

have initiated this investigation. The Union views the District s actions as retaliatory because of our

members participation in protected activities both under chapter 41 56 RCW and the freedom of

speech provisions in both our State and U.S. constitutions.

To be clear, the Union requests th t the District cease and desist from the inquiry it has started because,

based on the circumstances, i t is clear to the Union th t such investigation is in retaliation against me,

and other union members, because we have engaged in protected union activities and is part of a quest

to silence the Union and its members from expressing its concerns about your decision to reduce

staffing in a way th t puts our members safety t risk.

Ronald Smith

IAFF Local 2819

Vice President


[email protected] 990 0822



Friday, Follluary 7, 2014

OPINION LETTERSWWW.BREMJ;RTONPIITIIOT.COM WWW.CENTRALIITSAPIEPORTER.COM PogeA5

Bremerton s hools asking for your yes voteThe Bremerton School

District board of d i r e ~tors will be asking voters to once again approvea School Support Levyso we may continue

programs and strive by

Holding On to OurChildren's Future.. on

Feb.11.The current levy and

levy equalization funds

support nearly 24 per·cent of the district's overall budget.

Before considering arequest for these funds,the Bremerton School

District board of direc·

Minutes can makethe difference

On Jan. 27, Central KitsapFire and Rescue responded toa call fur a cardiac arrest withCPR in progreSs in Division

64, on Grover Lane.Station 64 had career staff.

ing on this day and units wereavailable and in quarters.

The call was dispatched at

5:30p.m. and Station 64 crewswere en route at 5:31 p.m. Aid64 was on scene at 5:34 p.m •

and quickly took over CPRfrom the patient's daughtei.

A defibrillator was placedon the patient, as she was in.ventricular fibrillation (VFIB).She was defibrillated successfully, regained a pulse, andsupportM measures were initiated until the arrival ofMedic

51, comins from Silverdale.On Medic 51's. arrival, thepatient was further stabiliud

and transported. Early reportsare that she will survive.

This caD illustrates the

importance ofearly 911 activation, rapid response, and efrec.

tive CPR and early defibrillation in patient survival.

Other fire department units,one from the Navy a_rrived at

5:38 p.m. and one from CKFRin Silverdale was on scene

-- ·s v n· miin.ites after Station 64.

While one can speculate onwhether or not patient outcome would have been com

promised had Station 64 been"browned out'" on this day, thefuur panunedks on the sceneultimately condnded that thefuur minute delay until Station63 arrived would have likelycost this patient her lik.

Also of note, at about 6:07

the next morning. anothercritical call was dispatchedin Station 64's response area,

with an elderly male experiencing respiratory fuilure. Itls likely that the five minute

tors solicited informa-

tion from the communi-

ty to determine renewalcollections amounts that

reflect slight increase'sover the four years.

This helps provide for

classroom needs likemedia support, Honors

and Advanced Placement

programs. music, extra-

curricular activities,

transportation, safety

and security, and maintenance for our buildings.

We continue to offerour staff professionaldevelopment that pro-

vides them the tools they

need to meet the transi-

tion to Common CoreState Standards and theassessments that will go

with the standards.With the support of

our fabulous commu-

nity, we have been ableto offer free ail-day kindergarten in all of our

elementary schools,

continue to increase

student achievement in

preschool through 12th

grade, increase gradu-

ation rates by offeringprograms that meet the

needs of more students;and utilize curriculum to

AaronLeavdl --

provide our students the

best possible educationalwhile they are with us.

We are aware of the

sacrifices our commu-

nity makes to· ensure our

schools provide the best

education possible forevery single student.

On behalf of the boardof directors and myself,

we thank you for your

support.

ubmitted by A >ron

Leavell Superintendentof the r e m ~ r t o n SchoolDistrict.

LETTERS TO THE EDITORdifference between Station 64

and Station 56 arrival wouldhave precipitated respiratoryand subsequent cardiac arrest

ptior to Station 56 arrivins

As it turned o u ~ personnelfrom Station 64 were able to

ssistthe patien(s respiratorystatus until stabilizing medica

tions could be administered bya medic from Station 56.

Increases in iesponse times

to some areas could be terriblydetrimental to those residentsthat are experiencing emer

gencies where seconds count.

City of Bremertonis Wi-FI stingy

Why is the city ofBremertonso stingy with Wi-Fi access

The sixth ftoor of the NormDicks Building h s Wi-Fi avail

able. It is just not accessible forvolunteen, taxpayers, report·ers or people interested 1n conducting business. h is not likethe public is or h s requestedaccess to restricted networksor servers.

They are simply asking tomake use of a rather easy toolthat will ssist with their educalion and efforts during thenearly endless lay of meet·ings, committees and presen·lations. A couple of wireless

AC or N routers with guestpasswords fur internet accesswoulddu.

The city of Bremerton ptidesitself in tbe very fact that it

asks for and solicits volunteersto augment assistance in decision making and add some

important perspective that mayhave not been realized otherwise. Volunteer participationand service assists in stretchingvaluable city resources. So whyare these same contributingvolunteers denied a very basic

service that could stretch thoseefforts even further?

Right noW participants with·out existing Wi-H access mastbring cellular activated devicesif they should need to accessthe internet, the city's anHquat·ed relic of a website or even to

look up a city ordinance whilethey are on the sixth floor.

Try following along during acity council study session with·out the supportiog documentsbeing discussed. It is extremelyfrustratiog, especially in lighl

of the fact that most of thedocuments used fur the actualmeeting have been amendedat times tight up to the lastminute.

If the city .wants to keepholding open public meetingson the siXth floor, then it needs

to provide the vehicle neces·sary fur participants to openly

access the information anddocumentationthey need

--

Happy 20th Anniversary

Thank you for 20 years of service

to your coworkers and members.



February 5, 2014

Kitsap Fire Watchwww kitsapfirewatch.org

Sent by e mail to [email protected]

Dear Kitsap Fire Watch:

This letter constitutes a demand by Central Kitsap Fire Rescue that you immediately

cease and desist from publishing confidential medical information regarding District patients.

Your disclosure is located on the internet at http://kitsapfirewatch.org/front-page.html and is

titled Grover Ln. Cardiac Arrest.

The federal Health Insurance Portability and Accountability Act (HIPAA), 42 USC

§1320D-6(a), prohibits knowingly obtaining and disclosing individually identifiable health

information without authorization. Individuals who violate HIPAA are subject to civil fines up

to $250,000 and criminal imprisonment for up to ten years. 42 USC §1320D-6(b . Health

information is not de-identified under HIPAA except in accordance with certain conditions,

including a determination by a qualified statistician that the information cannot identify a patient

and removal of all potentially identifying information such as dates of care and all geographic

subdivisions smaller than a state. 45 CFR §164.514.

You are hereby on notice that you have obtained and are disclosing confidential District

identifiable patient medical information without District authorization and your publication of it

on your website is in violation ofHIP which exposes you to criminal and civil penalties. TheDistrict hereby demands that you remove the information from your website and any other

publications where this information may appear immediately. Should you refuse, the District

reserves the right to pursue all available remedies against you to the fullest extent of the law.

In addition to your violation ofHIP AA, your actions are a violation of Washington State

law for municipal officers to disclose confidential information gained by reason of their office.

RCW 42.23.070(4). It is also a class C felony for any person to willfully and unlawfully remove

a public record from a public office. RCW 40.16.01 0

Sincerely,

Scott Weninger

Fire Chief



re officials are leery of records request - Central Kitsap Reporter http://www.centralkitsapreporter.com/news/235617

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Fire officials are leery of records request0

by L ESL F KFll Y Central Kltsap Reporter Editor

posted Dec 12 2013 at 11:20 AM

Ulle1 : ~ · 1 0 Twwl 0 0

A request from the firefighter's union for multiple public records dating back to 2008 has been sent

the Central Kitsap Fire &Rescue District. And Fire Chief Scott Weninger said meeting the request

could take up to three months

We don't know ust how long and how much staff time It will take to meet the request by the IAFF

2819. Weninger said. But It could take until March.

Fire district officials said the request Is for documents related to overtime payto firefighters and

information about a recent reduction in minimum staffing. from 19 to 17 firefighters per shift.

Following a written request, a copy of the records request made by the union was given to the

Central Kitsap Reporter on Tuesday. It shows that union officials want documents and records

related to all notes, drafts, emails, writt en analysis, internal documents, meeting minutes and

correspondence generated from commissioners, the fire chief, assistant chief, deputy chief, HR

manager, division chiefs, battalion chiefs and staff related to any reduction In minimum staffing,

overtime and safety analysis and studies since January2008. A similar request was made for

documents regarding the development of the position of career lieutenant for administrative

emergency operations.

Ronny Smith, president of the locaiiAFF 2819 representing union firefighters in the Central Kitsap

Fire District, said the request is being made so that firefighters can review what took place before

commissioners approved a reduction in minimum staffing.

The decision came too quickly, Smith said. All we're trying to do isto look at what went into

making that decision and whether there was any analysis done about whether the reduction would

impact the safety of residents in the district.

The CK Fire board of commissioners voted last month to drop the minimum number of firefighters

per shift from 19 to 17 to reduce the amount of overt ime the distr ict accrues, This year, the district

expects to pay out $886,000 In overtime pay, Weninger said. Overtime happens when firefighters

who are scheduled to work are Ill or at training and are replaced by other employees who reach

more than 40 hours of work in a week.

Smith said the records request Is not being made lightly. He said he and others are concerned thatTerms of Use Privacy Polley Commenting FAQ

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officials are leery of records request· Central Kitsap Reporter ...... . . / " ... . ' '··-··------

dlstrlct omdi l ls didn't really look i t what response times would be If he minimum stafflngW<Js

they even do a safety analysis before reducing staffing?" he asked. If so, then the documents

shouldn't be that hard to find."

The requests lor documents dates back to 2008 Smith said, because he is trying to figure out

whether the distric.t knew it needed to hire more fi refigh ters years ago to avotd the large atllount of

overtime in the past five years.

•;tf we'd hired appropriately back in 2008, we wouldn't be in the situation we're in nght now;· he said.

Smith also -;aid that the district failed to have community meetings about staffing, event hough they

are now planning communi ty meetings in 2014 about the possible closure of the fire station In

Tracyton.

How ome they didn't invite the community in on the decision to reduce the minimums? he asked.

It's just d littlt' turious."

Board Chairman Dave Fergus said he wants the district to keep track of aU hoors spent on doing

rE>search on this request and others so that we are able to let our t.u:payers know what public

n cords r e q u ~ t s are costing on an individua l basis." He also said the district needs education in

what can and can't be redacted on those o p i ~ in order to keep confidential information private.

There will be a cost to that, w the budget needs to reflect enough leg.tlcounsel time to do that,"

Fergus said.

Additionally, he requested that the district purchase five laptops, one for ea<:h commissioner, so that

email and records having to do with fire district u s i n e ~ s be kept separate from personal email. etc.,

and be more easily accessible in the event of records requests for commissioners' em ails and

communications

We're talking about a y ~ $5,000," he said Monday. But it could save us time and money

searc.hing lor emails on our private laptops or computers.

smith said he wonders what the public will think about that.

It's a question of priorities," Smith said. "That's what we're asking . what are the dlstrlc t's

priorities? We need to know that, so wP're all on th same page moving forward."

Chief Weninger told c o m m i ~ s i o n e r s that the district has been planning for some time to re-organize

its document retrieval system and t11at he is meeting with companies that can help wit11 that

beginning this week.

Commissioners previously approved a full time IT/public records manager and that position is

elpected to be filled soon. That person will be the primary individual to fill th requests for public

records that the district re<:eives.

At Monday's meeting Smith told commissioners that he wants time at a future meeting to address

overtime and the distri ct's reserve funds. Smith said that in the o c u m e n t o ~ t i o n he's seen regarding

overtime, some tracking codes have been misused and may have inflated the ac.tual overtime that

was paid.

Some codes have been wrong and some false data has been presented to the board;' he satd.

"TherE' arE' some real (finilncial) problems in t h i ~ district and I understand that. But >ince 20\0, S\4million has been put into reserves and I'd like to know the district's policie'> on these reserve

accounts.

If we're saving for a rainy clay, then I think WE' need to efine what a rainy day is. Just when is it OK

to touch those reserves? If we had to ask the public about that, what would their response be? Is it

OK to have thcJt much in reserves wheri we 're decreasing service?''

But Assistant Chief Jay Lovato said the r e ~ r v e s aren't for US< for salaries, or to hire more firf fighters.

He said of the more than $14 million in reserves, 58million needs to be kept on hand to pay month·

to·month expenses prior hJ the district receiving its property tax levy funds from the county, whilh

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officials are leery of records request - Central Kitsap Reporter http://www.centralkitsapreporter.com/news/235617

•happens rn d furnp ~ u r n twice a year.

Another S2 5 million dedicated to paying health care costs for retirees from the district and

another 25,000 is in a mrtigation agrl ement fund and must remain in case it has to be returned to

the business<"> that pay rmttg.ttion w ~ t s llt' ~ d i d .

That t e a v ~ about SS.8 rnrllion, lovalo said, for equipment and facility n e e d ~ . He said tf that money

is spent on salane-s or overtime, the distri<t would not have money to replace or repair trucks or

rook, etc . should that nl ed ari\e.

c o m m i ~ s i o n Chairman fergus told Smith to worl< with the chref to get the matte r on a future ,Jgenda.

In another matter, a i s c u ~ ~ i o n ~ b o u t mcrPasing ambulance transport lees was postponed.

A ~ s l s t a n t Chiellovato said the data wnn t ready to be presented yet. He eKpe<:ts to make that

prl' >entation in January.

Fergt.rs also was re-<lppointed commiuion chairman for 2014 and Bob Muhleman was re appointed

as vice chairman for the corning year.

LESLIE KEllY, Cent1d/ Kitup RPpwf(. t EdttOI

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FRIDAY, NOVEMBER 1, 2013 IVol. 29, No. I WWW.CENTRALKITSAPREPORTER.COM I SO SOUND PUBLISHING INC

Slniothgt/Siaffpllolo

Capt Rick O Rourke tests equipment during a weekly inspection o the ladder truck at Station 51 Ladder maintenance is

BY SERAINE PAGE

SPAGE@IOUNDPUBLIIHING COM

When Central Kitsap Fire Rescuefire station personnel say they've had along day at work, they aren't kidding.The team works 24- hour shifts. By theend of a shift, they may have servedthe community in a variety of capacities: as a counselor, medic or firefighter.For some, the work they do in an hourwould be more than others could handle if it were spread out over an entireeight-hour work shift. This unit doesmore than fight fires or the stereotypical saving kittens from trees. They workhard. Harder than most would imagine. Reporter Seraine Page tagged alongfor a portion of a work day. Followingthe adventure, Page admits she couldn'thandle a full shift

8:30 Lm I arrive on aparticularly foggy morningat Central Kitsap Are and Rescue Station 51 for myfirst responder ride-along. Ileana UMarzl, CK Are

Rescue public lnfonnatlon officer, greets me assoon as I walk through the door. She Introducesme to the Station 51 on-dutyflreand rescue team.The fire department captain shows me my seaton the fire truck that I'll jump In If acall beckons. Iwas then told I'd have to wear a ashionably uglyjumpsuit for IdentifiCation purposes while outon calls.

ugh, I thought zipping up. This is what I/isn t it

as required to sign a waiver releasingthe department from any liability If I were to beInjured on the ride-along. Iwas warned a ew daysprior that ride-alongs were known for jinxing anyexciting h p p e n i n g ~ so I wasn't too worried.

For the next two hours, I watched two firefighters.Including Capt. Rick O'Rourke, check m u ~ i p l e

Items on the ladder truck. The weekly InspectionIncludes wiping soot off the 1 5-foot ladder andensuring all cables and pulleys are In workingorder. Amazed, I watch as four legs• drop out ofthe sides of the truck to ~ h s t n d the weight ofthe ladder. O'Rourke explains that each leg hostsabout 12,000 pounds for stabilization. When Iask what the cost of a new fire truck was. he

almost a million and that fire trucks havea lifetime of about 25 years. The current truck Isa 1997 model.

UMarzl tells me 80 percent of the departmentcalls are medical, but the fire truck has to be Intip-top shape at all times. We watched the twomen work. Inspecting seemingly every Inch ofthe truck.

It's just one big rolling toolbox, O'Rour1<ewhile pulling out multiple tools. I ask what wouldhappen If a call came In over the speaker alertIng the crew a fire was in progress during theirInspection. The department has one directive:drop It and go.

1 a.m. The department has a otal of ive careerstations. which is how they back one another upwhen fires orother situations are out ofhand.l getIn my car and follow LiMarzl to Station 41 where

Station 51 staff beat us to the location to host aregular 10 a.m. meeting. While the fire personnelhold their morning pow-wow, UMarzl explains tome how the fire station Is more than awork place.It Isalso acommunity gathering place open to thepublic; anyone can reserve the room knitting

c l u b ~ car clubs and other groups frequent thedepartment's public meeting room.

10:15 a.m. Lt Jay Christian tells me he can oneup my request to tour the building. He asks I dbe Interested in participating in an exercise withthem. I agree, to which Christian tells his crew,Lets go play.•

10:20 a.m. I'm sure It is more for the crew'samusement but the lieutenant tells me Ican wearthe gear for the exercise. He warns me It'll be alittle big, which Ihave no doubt since most of hemen tower over me. Iquickly tug offmy boots andstep Into what look to be size 13 boots attachedto flre pants. I yank up the suspenders, strugglingto figure out which straps go where and what topull on to make adjustments. I can feel about 10

pounds already added to my frame, and I don'teven have the most crucial of gear on me. I askChristian how much time they get to s u ~ up for acall. He tells me aminute, which I've already usedup. Ican tell that I would fall a ire academy.

10:27 a.m. As the firefighters assist me with pullIng on the jacket and an air tank. I can feel knotsimmediately forming In my shoulders. I see amask in one fireman's hand, and I warn the guyshelping me that I am claustrophobic. Christiantells me that I can at least try, and don't like Ican pull It right off. As soon as the strap tightenson my head, I can feel the panic rising In mychest. Hooking up the regulator, they tell me tobreathe, which I had apparently stopped doingthe second the mask went on my face. Throughmy speaker I say, Yeah, I don't think I can wearthis.'They Immediately unhooked everything, andI feel the cool morning air against my face onceagain. I took a deep breath and told them, Youguys are my heroes; I don't know how you wearall this gear and fight a i r e ~ I adjust my helmetas another crew member straps on my Infraredcamera and radio before handing me an axe tocarry. I shuffle to their dorms where the exercisewill happen, praying It goes quickly. I can barelymove. Thankfully, Christian pairs me up with a

patient firefighter named Chad Gillespie whosegear Iam wearing. Arefighters always go in pairs.

10:30a m LtChristlan tells me Ican't chop downhis real door with the axe In my hand. He redirectsme to a og on the side, and tells me to give it fivegood chops. With everything rm wearing, raisingan axe higher than my shoulder seems impossible. I weakly crack the wood, missing my mar1<every time. I feel as though I'm moving In slowmotion, which, apparently I am since my partnerfirefighter Is already starting inside the hallway.Gillespie, wearing his full gear, including the mask.gives me directions to radio in to the lieutenant.After Inspecting each room, we close the door toknow Its been searched.

In addition to carrying heavy gear, searching forsurvivors, the firefighters must also count howmany rooms they searched while maintaininga sense of calm as they wor1< their way throughbuildings on fire. About three rooms in we find •a

SEE REPORTER, A13

CKFR lookingat costs mayclose stationBY LESLIE KELLY

lKEllY@IOUNDPUBLISHING COM

Maintenance costs in the

Central Kitsap Fire RescueDistrict may force the closureof Station 44 in the Tracytonarea, fire commissioners weretold Monday.

Station 44, an all-volunteerstation, and the area is adequately covered by Station 41

on Military Road and Station45 on Trenton Avenue inthe Ilahee area, according toadministrators and RonnySmith, vice president of theFirefighters Local2819.

Assistant Chief jay Lovatosaid safety standards atStation 44 could cost upwardof $500,000. Lovato ranMonday's meeting because

ChiefScott Weninger was outof town.

To find another location,buy property and build a newstation would be close to $1.5

million; Lovato told commissioners. Moving 44 into41 is a prudent move considering the fact that it wouldonly cost about $39,000 tomake that move:·

The discussion about closing Station 44 and maintenance costs in general cameduring a work study sessionon the district's proposed2014 budget

The $16 million budget

will continue to be discussedby commissioners at a meeting at 2 p.m. Nov. 12 duringwhich time there will be apublic hearing and commissioners will take commentsfrom residents of the district.

A final budget is expected to be passed later inNovember or December.

The draft budget includes$13.3 million in tax revenue from both the EMSlevy and the district's regularoperation levy. The budgetdoesn't include levy increases.However, commissioners discussed going out to voters for

increases in 2014 and 20The district has lost m

than $1 million in taxenue because of a dro

assessed valuation of perty in the district, Loreminded commissiowho agreed.

The economy hasbeen kind to us, said missioner Dave Fergus, mission chairman.

The budget is basedother income as well, ining $1.9 million in excisestate contributions, contfor services and ambubilling coUections, whithe bulk of that at $1.3lion.

n the expense sidthings, $13 million of

planned $16 million

expenses are related to sonnel Salaries are liste$7.1 million, plus an$2.5 million in benOvertime is expected toabout $500,000 next Costs of operations, ining utilities, uniforms, torial services, printingpublications, professmemberships and elecosts are listed at $1.19lion.

Capital expenses areat $421,113. That amincludes equipment purces, computer purchases, ladders, nozzles, and me

supplies.The repair and mtenance budget is se$448,27 4 and includenumber of projects number of fire stations,routine maintenance as plumbing, electricalpainting repairs. Theranother $166,173 in the get for training in 2014.

The budget is a anced budget, Lovato He said the budget prostaffmg at the same and adds one admini

SEE COSTS, A13



Friday, November 1, 2013

R PORT RCONTINUED FROM A

·which looks to be a big blackI radio in that we haver and we make our way

outside the "baby.' Then,we head back in to inish the search,which, in real life, is why is so cru·cialthatdoorsarecounted and shut.At the end of the hallway, veteranfirefighter and paramedic Eric Keimis waiting to give me some additional information during our l ~ eexercise. When in a real fire, they will

pull back their glove and feel thedoor up high with the back of theirhands. He demonstrates, showinghow is done ail the way down thedoor. ~ t h e y get to a point below thedoor handle that is too hot to touch,

is unlikely that any insidewould survive.

10:40 a.m. After finding no othersurvivors, we the dormitory.Thelieutenant greets us and tells us wedid agreat job, but now there's acarfire to fight We jump n the fire truckand ride over to the station's trainingtower where a arge aluminum panis shooting up flames. I stripped offthe gear immediately before get·tlng into the truck. so now I wasfacing flames an extinguisherand no gear. I bnought the extinguisher close enough to be In ranged the pan and sprayed w ~ h water.The fire didn't extinguish, so I washanded a heavier, red extinguisher

and sprayed the foam in a back·and-forth motion. The fire almostimmediately went out, and thefoam reeked. Icoughed and ran out

COSTSCONTINUED FROM A 7

· osition at a cost of

. Commissi oners alsod an organizational

chart t hat Lovato said reflected some duties changing and

some personnel reporting todifferent supervisors.

He said there was $1.3 mil-lion in projects on the dis-

trict's wish list that had tobe cut from the 2014 budget

01 the smOke ana roam clOUd ani)/to be alerted there was an actual callto go on. I hopped in the fire truckand then was told to jump in theambulance. Two minutes down theroad, our call was canceled. While enroute, firef19hter EMT Gillespie tellsme that knowing the area is crucialwhen calls come in. He grew up InBremerton, so he has an advantageover others. Monthly, the depart·ment has "map tests" to give driversachance to sharpen and refine roadmemory. The crew has a115 square·mile coverage area, which makesroad tests all the more pertinent

10'.45 a.m. Getting back to the station, I ask I can tour the rest ofthe facility to see what else there is

to do at a fire station. Lt. Christianagrees and he takes me around,starting with the dormitories whereI drilled. Each room is tiny, but provides the bask: comforts throughouta24-hour shift. Each room has threelockers, one per person, per shift Asmall bed allows weary firefightersto rest their heads. Cable television- paid for out-of-pocket by thef i r e f l g h t e ~ - is also hooked up ineach room.

He shows me "rip and runs" whichare paper reports the departmentregularly used prior to computersto figure out where their calls wereand the situation at hand. The sys·tem is still used for filing paperworkand completing reports. which isrequired for each call run.

Iask to see the training tower. Everpatient and an excellent host LtChristian takes me outside and

walks me up the three-story tower,telling me the whole way abouthow he would love for to be anactual "bum building" where they

at CK.

Commissioners ques-

tioned the $500,000 in the2014 budget for overtime.Several of them noted thatthat was the same amount in

the current year budget, how-

ever the overtime this yearwas already at $700,000.

I don't want to say I don'tbelieve you, but .. said

Fergus, ifyou tell us that youcan keep it to $500,000, then

that's our expectation.

Lovato said there werethings underway including

WWW.CENTRALKITSAPREPORTER.COM

could practice on fires. The build1ng see the f l r e t i g h t e ~ out In the gro-is mostly used for hauling equip· eery store buying food, they wantment up and performing rescues all the public to know that it all comeswhile trying to see through black· from their own paychecks. As aened masks. group, they pool money together11 a.m. .1 1:25 a.m. We exit the for the family-style d i n n e ~ andbuilding and head for the gym. cable television thats hooked upAccording to Lt. Christian, there are in their dorm rooms. While talkingdesignated times to workout about food, a call comes In alerting

"There is an expectation that youworkout every day," he s a y ~ Thefriendly and competitive natureadds to the motivation to stay flt.he tells me.

The fire and rescue team do surprls·ing things, too. Uke when the medicu n ~ is in someone's home, if here istime, one of the medics will check

the home to ensure there are work·ing flre detectors.W ot they'll handout new ones or batteries to theresident Another u r p r i ~ n g task thedepartment takes care of is showingsomeone where flre hazards maybe in their yard. They'll instruct theperson on what areas should be cutback to prevent a ire. At the station,any resident can walk in and requesttheir blood pressure be checked. Aslong as there's time, the fire and rescue staff are glad to help out

The kitchen, by far, Is the mostimpressive and favored room in thedepartment's building.

"You will be a big failure in the firedepartment you don't leam howto cook,"Christian tells me. The dealis there are seven hungry peopledown there.'

Even w ~ h finicky eaters or thosewith severe allergies, the crew mem·

ber responsible for the eveningkeeps notes on who can have what.Mexican food is a a v o r ~ e amongthe crew. Although the public may

overtime, but he said negotia-

tions with the union on those

items were ongoing.It's delicate; he said. So I

don't want to say much:

As far as maintenancecosts, the commission askedthat the administration comeback to them at the Nov. 25meeting with a more detailedfacilities maintenance plan.

We need to know howmaintenance paces out

over the next 10 years; said

Commissioner Dick WestAnd commissioners said

the m e d i c s ~ is time to i s ~ Notime for an early lunch.

11:33 a.m. The call is for bask:life support (green), which meansthe crew can the road w ~ h o u tlights or sirens. The report was fora n-year-old female lowerback and leg pain. We arrive at theresidence of an elderly couple ina tidy mobile home c o m m u n ~ .Watching the men go from flretraining to patient care Is an incred·ible transition. One minute they'rerough and tough, the next they'regentle and asking "How old are you,dear?" and cracking jokes to easepatient fear. By far, witnessing thattransition is the best part d the day.Upon arrival the two first respond·

ask several questions. take vitalsand then load the female onto astretcher. Her husband had cleverlydesigned apull-away rail that wouldallow Including a stretcher, toswiftly move through the front doorto the outside.

11:53 a.m. As the woman's familywatches her being loaded into theambulance, EM ' Gillespie calls thehospital to inform them a patientis on the way. We're headled toSilverdale's Harrison Medical Center.As Gillespie asks the patient ques·tlons in the back d the vehicle,

Keim takes the wheel and headsto the center. I ask how much anambulance ride c o s t ~ a whoppingSSOil-$600 for a ride, depending on

We need to make sure we

have plans in place internally.

and then externally, we needto meet with the public on

this Fergus said

Union Leader Smith saidhe thought dosing Station 44made good sense.

Little

mileage ana What's done on thepatient Keim tells me.

"We don't refuse service to any·body," he says.

However, he will have a talkln' towith folks who call911 three or fourtimes a week for a week or longer.On a regular b a s i ~ Keim handlescalls that include those schizo.phrenia, bipolar disorder and thelike. Part of his paramedic train·ing was reserved for dealing w ~ hpatients who may have psychological problems. I ask what kind ofinteresting calls he's gotten before,and he remarks he's had people doeverything from whining about ahurt finger to faking seizures.

We arrive at the Harlow MedicalBuilding where the female is pulledoff the vehicle and wheeled intothe medical center. Is clear she'sgrateful to the two men assistingher. I w a ~ in the car while they flllout the necessary paperwork. Keimcomes back and me in thecar. I pepper him with questions,all of which he graciously answers.I flnd out he has nine children, andthat he's anticipating the birth ofhis second grandchild shortly. He'sbeen doing this for 30 years. 20 dwhich were in Orange County, C a l ~where he w ~ n e s s e d a ot of traumaand severe injuries.

"You get used to t he tells me whenI ask how he deals with the trauma.That and he's a religious man.

I turn to a lighter subject as I watchGillespie climb into the back of theambulance and spray his shoeswith acleaner that Keim jokes in 20y e a ~ might be the cause of cancer.I ask about the clean sheets thatI now notice on the gurney. Keim

It's not a necessity to haveit open; he said. What we

really need to do is look at

maintenance of all our sta-tions. A lot of things haveto be addressed. Weve hadplans in place before, but

they've not been adher ed to.

Pagsays the hospital piOVldes the safter a patient is bnought In, wcuts down costs hugely for thdepartment

12:30 p.m. We head back.chatter some more, asking aKelm's family, being a irefighteother little things Inoticed. Heheading back to his honne stwe puN in, only to realize thatand UMarzi's c a ~ are parked ation 41. He radios in that wehead back out onto the road awhat reason. The dispatcherknow where every vehicle istimes to give proper Instructiodepartments.

12>40 p.m. Ishake handsthank him for his time and hoof the ambulance. Gillespie jout reacly to take my shotgunanother symbol of my first-and up-close look at what ouresponders do daily. I shakhand, smile and thank him ftime. UMarzi and I walk togethwhere our cars are parked, antells me I can give her the u mso I don't have to drive back tother station again.

It was so comfortable I forgotwearing it I unsnap and unzshimmy out of It before handover. I hank her for accommodme as I hand over my businessAs Iget Into my vehicle, Ican fesmile still on my face. Althougride-along was a antastic andesting experience, I think I'lin my field if only to alwaysthe opportunity to experiencesliver of what heroes In our comnities do day In and day out.

But only ~ i t ' s for aday.

Right now we have b

ets hanging at Station 5

catch the leaks. The cu

chief (Weninger) is dedic

to making maintenance aority and we just need tit now before things geworse.