Unfair Labor Practice Complaint

Mr.
Mike Sellars
MICHAEL A. DUCHEMIN
ATTORNEY AT LAW
637 N.E. HAUGEN STREET
POULSBO, WA 98370
Phone: (360) 394-1604 - Fax: (360) 824-6104
E-mail: md@madlawoffice.net
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 of
Fire Fighters, Local 2819 - Kitsap County Fire Protection Districts 1 and 15
(aka, Central Kitsap Fire & Rescue).
Dear Mr. Sellars:
Enclosed for filing is 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 COMMISSION
STATE 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 13,2014
/I
" / I
, I r
MICHAEL A. DUCHEMIN
Place: Poulsbo, Washington
COLLECTIVE BARGAINING
PUBLIC EMPLOYMENT RELATIONS COMMISSION
112 Henry Street NE, Suite 300, Olympia WA 98506
PO Box 40919, Olympia WA 98504-0919
Phone: 360.570.7300 Email: filing@perc.wa.gov
Web: www.perc.wa.gov
STATE OF WASHINGTON
UNFAIR LABOR PRACTICE COMPLAINT
D Amended Complaint in Case#
Applicable Rules: Chapters 10-08, 391-08, and 391-45 WAC
PARTIES Include information for all Qarties involved. ALLEGED VIOLATION
Indicate if the alleged violation is against:
COMPLAINANT 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 Street
employer, two separate complaints must be filed with
two statements of facts describing the alleged violation
City, State, ZIP Poulsbo, WA 98370 against each.
Telephone (360) 394-1604 Ext. STATEMENT OF FACTS and REMEDY REQUESTED
Email md@madlawoffice.net
Attach on separate sheets of paper in numbered
paragraphs a brief 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.
BARGAINING UNIT
Email sweninger@ckfr.org
*Note: If the alleged violation relates to more than one
bargaining unit, a separate complaint must be filed for
EMPLOYER Central KitsaQ Fire & Rescue
each unit.
Contact Chairman Dave Fergus, Commissioner
Indicate Bargaining Unit: Uniformed FF (Article 1.1)
Address 5300 N.W. Newberry Hill Road, Suite 101
Department 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.
AUTHORIZED SIGNATURE FOR COMPLAINANT
Print Name Michael A Duchemin, Attorney At Law Telephone (360) 394-1604 Ext. __ _
Address 637 N.E. Haugen Street Email md@madlawoffice.net
City, State, ZIPPoulsbo, WA 98370
A I
Signature ______ 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 as 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), as 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 as "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 of 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, WORK
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 of 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 of
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 of 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 of 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 of service within
the District. By virtue of 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 of classification" opportunities at other stations.
2.4 An early aggressive and offensive primary interior attack on a working structure
fire reduces risk of firefighter injuries. An increase in the number of minutes it takes for
firefighting crews to arrive on the scene of a structure fire increases their risk of injury.
2.5 A widely accepted rate of 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 of origin. Fire can usually be controlled within
the room of origin when water is effectively applied within six minutes of ignition. A larger,
hotter fire increases the risk of injury or death to firefighters.
2.6 Two of the most important elements in limiting fire spread are the quick arrival of
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sufficient numbers of personnel and equipment to attack and extinguish a fire as close to the
point of its origin as possible. As each minute of a structure fire passes, the fire rapidly
progresses to a condition called "flashover" (i.e., the very rapid spreading of the fire due to
superheating of room contents and other combustibles). A typical fire within a room will often
reach the "flashover" stage in about six minutes from the time of 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 of 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 of bargaining unit members once they arrive at, and begin fighting, those longer-
burning fires.
2.8 Under Washington State law, in the initial stages of an incident where only one
crew is operating in a "hot zone" (such as a structure fire) a minimum of four individuals are
required before interior fire attack can take place, consisting of 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, as needed, where entry into the hot zone is
required (often referred to as 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, if 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
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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 as 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 as described above.
2.14 On 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
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District. Although the possible staffing reductions were being discussed, Weninger did not at
that time propose any plan of 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 of bargaining unit
members and insisted that the District "bargain over any changes that affect the safety and the
workload of personnel prior to implementation and request that impact bargaining occur if
necessary."
2.16 At a November 12, 2013 meeting of the Board of 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 of plan on how he intended
to reduce staffing, stating as follows:
The Union requests the District provide a detailed plan of implementation if staffing was
to fall below the agreed upon 19 daily minimum. In order to meet, confer, and
appropriately bargain impacts the Union must know what the Districts proposal of 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
of 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
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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, HR 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 where
a 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. In 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 In 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. In fact, by 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 by 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 of the Board of Fire Commissioners, Weninger
admitted that a consequence of reduced daily staffing from nineteen to seventeen will increase
fire department unit response times. In 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 of bargaining unit members (for all of the reasons
discussed above). In an e-mail between Leslie Kelly of 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 of
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 of moving a firefighter around from one station to the
other in order to fill vacancies that may occur as a result of permanently assigned firefighters
being absent from work because of things such as 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 of 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 if one has to drive from one station to another during a tour of duty he or she
incurs additional time, inconvenience, and costs associated with doing so.
2.27 One of the benefits of being promoted to the position of 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 of 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 of later being promoted. Weninger's implementation of 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 of 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.). If 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
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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 of these rigs on Monday, Tuesday, and Wednesday. When these units at Station 64 are de-
staffed, crews that subsequently staff these pieces of equipment will have to do all of 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 of periodic de-staffing of 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 of the time.
2.33 De-staffing of 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 of 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 of desirable spring and summer weather). The increased number
of members off on these days increases the frequency of de-staffing Engine 64 and Aid 64.
2.35 Even if it were true that the District had the right to unilaterally implement the
periodic de-staffing of Engine 64 and Aid 64, which it did not, the District has still committed an
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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 TO 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
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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. In 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/HEP A 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,
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nature, scope, and configuration of 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 of 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 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 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 41 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 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 of
the Information Technology work for the District, which allowed him to work approximately
1,000 hours of overtime per year. The work included at least the following:
5.1.1 The responsibility and privilege of having access to all electronic records
and computer related information of the District;
5.1.2 Computer Server maintenance
5.1.3 Purchasing and maintenance of Mobile Computer Terminals located in fire
16
department units, including trouble shooting and relevant software and
equipment purchases.
5.1.4 Purchasing and updating of all District software.
5.1.5 Budgeting and ordering of equipment and necessary supplies for IT
purposes.
5.2 As a result of Weninger's "State of the District" presentation in November of
2013, the Union became aware that Weninger desired to hire a new Information Technology
Manager. The Union opposed the creation of 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 of 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 of Fire
Commissioners approved the hiring of an individual to fill a new "IT Program Manager"
position, effective retroactively to March 3, 2014 (Ex. 6). As part of that action, the District has
unilaterally, and without bargaining as required by law, transferred most, if not all, of 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
17
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. In 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 64 -
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 of the effort described above, the Union has taken advantage of 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 as 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 of Force, Reprisal,
Disparaging Remarks, Monitoring of 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 On 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. See 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 On 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 In 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 14
1
h, 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 ("HIPP A").
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 5
1
h, 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 by 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 (HIP AA), 42
USC 1320D-6(a), prohibits knowingly obtaining and disclosing individually identifiable
health information without authorization. Individuals who violate HIP AA 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 of HIP AA which exposes you to criminal
and civil penalties. The District 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 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). It is also a class C felony for any person to
willfully and unlawfully remove a public record from a public office. RCW 40.16.010.
Sincerely,
Scott Weninger
Ex. 17, Emphasis in original.
23
6.2.15 On 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 On 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 is to include an
employee's immediate and intermediate supervisors in the disciplinary and investigative process.
In 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. In 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 of 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 of 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 of 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
1
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.
2
Weninger's allegation that Smith disseminated a HIPP A 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 of 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 of 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 off
without pay (Ex. 24 ). In another sign of 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." In
other words, according to Weninger Brown actually knew, or should have known, that the report
2
The assertion that the Grover Lane report contained HIPP A 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 of 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 District'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 6
1
h, 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. In each case, Smith made it clear that he objected to such
interrogation on the basis that it was protected Union activity.
3
After 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 it 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.
In 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 of money. The "Fire Officials Are
Leery of Records Request" article quotes Fergus as saying:
Ex. 26.
Board Chairman Dave Fergus said he wants the district to keep track of 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 to
do 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 if one engages in
protected activities. In 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 of
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 of chapter 41.56 RCW.
28
7.0 Statutes Violated
RCW 41.56.140 (1) (2) (3) and (4).
8.0 Status of Grievance
As of the date of filing no grievance has been filed. Complainant intends to file a
grievance shortly. But, in any event, due to the nature of the complaint, no deferral would be
appropriate.
29
REMEDY REQUESTED
As a remedy for the District's unlawful conduct as described above, the Union requests
that the Commission order the District to:
1. Restore the status quo practice in each of 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 of lost overtime or acting officer opportunities, and the unpaid time
off imposed on Smith).
2. Cease and desist from refusing to bargain as 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 of the
Board of Fire Commissioners, include a copy of the order in the District's minutes of 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.
1
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
CENTRAL KITSAP FIRE & RESCUE
"v A .
, k.pl.r 'tl
l ?
1!!11 iii:-,(( I
AND
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
LOCAL 2819
(JANUARY 1, 2008 THROUGH DECEMBER 31, 2010)
With Attached MOU's Including 2011-2013 Extension
ARTICLE 1
ARTICLE2
ARTICLE 3
ARTICLE4
ARTICLE 5
ARTICLE 6
ARTICLE 7
ARTICLE 8
ARTICLE 9
ARTICLE 10
ARTICLE 11
ARTICLE 12
ARTICLE 13
ARTICLE 14
ARTICLE 15
ARTICLE 16
ARTICLE 17
ARTICLE 18
ARTICLE 19
ARTICLE 20
ARTICLE 21
ARTICLE22
ARTICLE23
ARTICLE24
ARTICLE 25
ARTICLE 26
ARTICLE27
ARTICLE28
ARTICLE 29
ARTICLE30
ARTICLE 31
ARTICLE32
ARTICLE33
ARTICLE34
TABLE OF CONTENTS
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 ............................................................. 10
UNIFORMS ............................................................................................................................ 10
INSURANCE BENEFITS ...................................................................................................... 11
SHIFT EXCHANGES ............................................................................................................. 11
UNION 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
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 of setting 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 uniformed
firefighters, paramedics, lieutenants, captains, and battalion chiefs.
1.2. New employees shall, within thirty calendar (30) days from their date of hire, either join the Union or contribute the
equivalent of the 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 this 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. It 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 to
reflect 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 of work) believed to have been created by any change
to a job description.
CENTRAL KITSAP FIRE & RESCUE AND I.A.F.F. LOCAL #2819
May2, 2011
PAGE3 OF24
5. ARTICLE 5 TRAINING AND EDUCATIONAL REIMBURSEMENTS
5.1. It 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. It 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 score of not 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 of eighty percent (80% ). If the 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 of any 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.
May2, 2011
PAGE40F24
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 the termination by the Board of Fire Commissioners.
6.1.1. Entry level employees shall attend the Basic Firefighter 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. It 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 the 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 the rights granted the Union and the employee by law.
7.2. Rights of the Employer- Subject to the specific provisions of this Agreement or applicable laws, the District shall have
the obligation, responsibility and necessary authority to operate and direct the affairs of the District in all of its various
aspects, including, but not limited to, the right to direct the working forces; to plan, direct and control all operations and
services 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 Committee- In order to improve employer/employee relations, both parties recognize the benefit of
labor/management cooperation in improving communication, addressing operational issues, and for providing a better
work environment. It is the intent ofboth parties to establish committees to address specific projects or areas of mutual
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. It 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 of equal representation from the Union and
Management (normally 3 and 3).
8.2. It is agreed that the District's Occupational Health and Safety Committee shall function in accordance with District
policy. It is further agreed that there shall be equal representation from the Union and Management on this committee.
8.3. Chain of Command- It is mutually agreed that issues or concerns relating to the District's internal chain of command
may be a subject of discussion at the Labor/Management Committee.
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%) of First 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%) of First 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 their respective wage rate. The premium pay shall be contingent upon maintenance of a 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 of a 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 the 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 of pay, which shall apply to excess hours of work (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 of work 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 Chief or designee up to a maximum offorty 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.
May2, 2011
PAGE6 OF 24
9.9. On January 1, 2008 employees shall receive a 2% wage adjustment plus 100% of the 2007 CPI-U for Seattle, Tacoma,
Bremerton, June to June. On January 1 of each 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 of20 years 4%
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 two (2) hours for each
occurrence outside of the member's regularly scheduled hours of work. 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. It 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 earned
service 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 14.67
20-25 241-300 312 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 off with pay. If a holiday falls on a Saturday,
the preceding Friday shall be observed as the day off, and if the holiday falls on a Sunday, the following Monday shall
be observed as the day off.
Page 8 of 19
May2, 2011
12.1 0. Shift personnel shall receive, in lieu of the above listed holidays, a total of one hundred and eight ( 1 08)_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 of October 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 minimum of eight (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 twelve (12) hours per month,
to a maximum of one thousand four hundred forty (1440) hours for LEOFF 2 employees. On the date of hire, new
employees are advanced ninety-six (96) hours of sick 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. If no 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 off and 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 the
Chief or 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-rated 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 time loss adjustment and sick
leave buy back. The District and the Union hereby agree to the concept of duty 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 the bargaining unit agree to donate twelve (12) hours of vacation or compensatory time, on the
I st of January each calendar year for the purpose of a 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. It 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 time 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- It is agreed that a limited duty policy is mutually beneficial and shall be used in accordance with
District 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 ofthirteen (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
schedule of twenty-four (24) hours on duty, twenty-four (24) hours off duty, twenty-four (24) hours on duty, forty-eight
(48) hours off duty, twenty-four (24) hours on duty, twenty-four (24) hours off duty, twenty-four (24) hours on duty,
ninety-six (96) hours off duty, 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 the Department and/or employee. Members of the bargaining unit
shall have the ability to select their "K" days in advance, and shall do so no later than December 1 of each 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 a
transfer must meet the qualifications established for the job classification and shall notify the Employer of their request,
in writing, prior to July 1 of each year.
15.2. The District agrees to notify the eligible employees of an 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 of
uniform 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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May2, 2011
16.3. Protective Clothing- 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, as
set 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 committee 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 of ninety-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 the premium to provide an EAP
as selected by the Employer, for each eligible employee and their dependents, and domestic 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 this 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 District'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 of one (1) hour increments, when the change does
not interfere with either his/her duties and responsibilities or the operation of the 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 District'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 the employees, provided
advance notification is given to and approval is received from the on-duty Chief Officer 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 of absence 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 of voluntary 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 their 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 of an 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 the end of the 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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May2, 2011
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. In the event of an 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 the 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. In 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. In 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 this 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 two (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
May2, 2011
24. ARTICLE 24 GruEVANCEPROCEDURE
24.1. The purpose of this 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 the filing of a grievance.
24.2. For the purpose of the Agreement, a grievance is defined as a dispute involving the interpretation, application, or alleged
violation of any provisions of this 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 without the intervention of the Union, if the adjustment
is not inconsistent with the terms of this Agreement, and if the 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 itself as 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, within
fifteen (15) business days of the occurrence of the grievance. The grievance shall be presented to the Operations Chief or in
his /her absence the Fire Chief or HR Manager. The Chief of Operations 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 the meeting with the Chief of Operations 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 Chief shall 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 the 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 the Board Chairman, with any member of the Board ofF ire 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 shall
conduct 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 the 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 the 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 first
name. 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 the 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 the grievance.
24.3. Any time limits stipulated in the grievance procedure may be extended for stated periods of time 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 of any 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, excluding
holidays.
25. ARTICLE 25 NEGOTIATION PROCEDURE
25.1. All terms and conditions of this 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 the 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 16 of 19
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 twenty-four
(24) months in the order of their 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, the
obligation 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 the affected employees.
30. ARTICLE 30 SEVERABILITY
30.1. In the event that after the execution of this 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 Status
32.1.6. 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 notification 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-time, paid firefighter shall
be compensated at eighty percent (80%) of First 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 of appointment.
Dated and signed this __ day of _______ , 2008.
Chairman ofthe Board
Fire Chief
Page 18 of 19
May2, 2011
INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, LOCAL NO. 2819
Lead Negotiator
Secretary
361 +months
Page 19 of 19
May2, 2011
Rank
1st FF
1st FFPM
Captain
\\ r l i n ~ Out of ( lass
wooc % $$
Lieutenant = 12% 3.28
Lieutenant = 2% 0.55
BC = 12% 3.28
*PMCA .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
BC 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
Rank
1st FF
1st FF/PM
Captain
241300 months
301 -360 months
31.04 31.35
34.15 34.48
34.77 35.11
38.49 .61 38.87
42.22 9,236.61 42.63
32.26 33.48
35.48 7 978.51 36.82
36.13 123.!57 37.49
40.00 41.51
43.87 45.53
Working Out of Class
wooc % S$
Lieutenant

12% 3.65
Lieutenant

2% 0.61
BC ..
12% 3.65
Memorandum of Understanding and Agreement
Between
IAFF Local 2819, Professional Firefighters of Kitsap County
-and-
Central Kitsap Fire & Rescue
LEOFF 2 Dyty Related Leave Con-the-lob lnlury/illness)
This Memorandum of Understanding and Agreement applies to the "Agreement By and
Between Central Kitsap Fire & Rescue and IAFF Local2819," replacing Section 7 of Article 13
-Disability Leave (Duty Related).
Section 7 will now be referred to as the "LEOFF 2 Duty Related Leave (on-the-job
injury/illness)" and is intended to provide authorized paid leave for the purposes described
herein.
A) The intent of this agreement is to make an injured member financially "whole" for duty
related injuries or illnesses for the duration of the benefits. The total compensation
received by an injured member will not exceed their regular duty compensation, nor shall
employee be required to pay back amounts in excess of their regular duty compensation.
B) All benefits provided in accordance with the contract shall continue to accrue while an
individual is using the LEOFF 2 Duty Related Leave (on-the-job injury/illness).
C) DISABILITY LEAVE 0-6 MONTHS:
State law provides for a disability leave supplement for LEOFF II members (RCW
41.04.500 through 41.04.550). In lieu of this supplement, the District agrees to provide the
following leave benefit, which provides a greater benefit to the employees than the statutory
benefit for LEOFF II personnel covered by the above referenced contract, shall, upon .
execution of a Six-Month Temporary Disability/DRS selection form, receive from the District
up to 6 months of full pay and benefits, not otherwise provided by workers' compensation,
for L & I qualified duty-related injuries or illnesses. Such leave shall qualify for DRS service:
credit pursuant to WAC 415-104-373. Such authorized paid leave shall be provided as
follows:
1. The coverage starts on the first day or shift of time loss.
2. The individual with the disability will not be required to use any personal sick leave if
the duration of the illness or injury is 6 months or less.
3. If the employee returns to light duty with his/hers physician's approval, there will be
no reduction in the disability leave under this section while on light duty.
4. All Time loss payment checks and Provident (or other carrier of disability insurance
provided by the District) checks sent to the individual employee must be submitted
to Central Kitsap Fire & Rescue.
LEOFF II Duty Related Leave MOU 2008-12-8

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 receive
disability leave supplement in accordance with the statutory procedures. Such employees
shall have the option of continuing to receive Department of Retirement (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 otherWise
provided by workers' compensation, the member shall be allowed to use his or her other
authorized paid leaves (e.g., sick leave, vacation, etc.) in order to continue receiving full
pay and benefits. To this end, the District shall continue to provide full pay and benefits
until such paid leaves are exhausted, except that it shall be reimbursed as follows for
workers' compensation time loss payments that were otherwise made directly to the
member. Employees shall have the option of continuing to receive DRS service credit
during the Employee's Disability in accordance with Paragraph E.
E) Optional reimbursement to the District for time loss payments made to the member under
workers' compensation shall be accomplished in the following manner (see "Temporary
Disability/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 only
the mandatory benefits required by statute.
F) During all periods of paid leave provided by this Section, the District shall collect
employee contributions and make employee and employer LEOFF 2 contributions as
required by RCW 41.26.473.
This Letter of Understanding and Agreement is in effect as of January 1, 2009, until the new
collective 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 2000
Prof<JW--Firefighters of Kltsap Counly, IAFF Local2819

Vice President Fire Chief
..
Board Chair ____ _
Between
IAFF Local 2819, Professional Firefighters of Kitsap County
-and-
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 an
exchange 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 the
employee 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 disability 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 an
exchange under this provision shall tender his or her disability insurance check to the
District 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 _____ Day of tle;Jc. 20()
f/)
Board Chair
Professional Firefig
IAFF Local 2819 '
Vice President
Human Resources
Between
IAFF Local2819, Professional Firefighters ofKitsap County
-and-
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 Account: The 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-pocket
maximum 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 annual
HRA allotment will be prorated based on the portion of the year the employee was
employed 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 employee
will not be required to reimburse the District.
In the event of an employee's death prior to depletion of the fund, the remaining balance
shall be available for the employee's dependents or beneficiary until the fund is depleted
or 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 each
employee 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 this
agreement with the following amounts:
o PP02
Employee only
$150.00
$300.00
o The FSA shall be available for the employee to use for any expenses defined by
IRC 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 the
appropriate 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 administer
the above accounts, with the following conditions:
The TPA service shall include access to a debit card service for each employee that is
linked to the HRA/FSA with corresponding monthly card fees, if any, to be paid by the
employee.
The employer will pay the one time administrative startup fee and the annual account
maintenance 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 4:00PM
Professional Firefighters of Kitsap County
IAFF Local 2819
Memorandum of Understanding and Agreement Between
IAFF L-2819, Professional Firefighters of Kitsap County
-and-
Central Kitsap Fire and Rescue
Contract Extension of 2008-2010 Collective Bargaining Agreement
The parties hereby agree to extend the 2008-201 0 Collective Bargaining Agreement by and
between 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 remain
in full force and effect through December 31, 2013. Any dispute about the interpretation or
application of this MOU shall be resolved using the grievance procedure contained within the
Agreement.
In an attempt to address the significant financial and economic stresses created by the current
recession and depressed property values, the parties have agreed to make an exception to the
adherence to the wage adjustment language in Article 9.9 of the Agreement for the years 2012
and 2013 as follows:
2012 0% adjustment
2013 The actual June to June CPI-U for Seattle, Tacoma, Bremerton, shall be utilized
but will not be less than 0% and not more that 2%.
Signed this ___ 1 .... 3....,nt..,._ ___ Day of _______ 2011
\
Fire Chief
Go-Vi! 1nvh-..
Chair, Board of Commissioners
MEMORANDUM OF UNDERSTANDING
Between
-and-
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 behalf of 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 40
1
h birthday.
Members will move from Group #2 to Group #3 beginning the month following their 50
1
h 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 this agreement shall be evaluated annually by all eligible group members in November. Any
plan/contribution adjustments, for the following year, shall be submitted to Human Resources by
December 31 of previous year.
Representative: IAFF Local2819 Groups 1,2 & 3 Date
Representative: Central Kitsap Fire & Rescue Date
Between
-and-
ORIGINAL
This Memorandum of Understanding 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 of Commissioners 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 District
and 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)
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 interpretation or application of this Memorandum and Agreement shall be
resolved using the grievance procedure contained in the parties' collective bargaining
agreements.
Signed this olJ ff Day of N
20JL
Central Kitsap Fire & Rescue Professional Firefighters of Kitsap County
IAFF Local 2819

__
Memorandum of Understanding and tr\'R I G I N Al
Agreement U
Between
-and-
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 Engine
45 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 assessed
property valuations, the District was unable to complete the three (3) person engine Staffing Plan
as presented to the voters in the 2006 Levy.
The District has obtained a new piece of equipment (Ladder 51) and recognizes that dedicated
personnel are necessary to safely and efficiently operate this piece of equipment. In order to
facilitate the staffing of Ladder 51, the District and Labor agree to utilize the third position
assigned 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, over
continuation 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 all
career engines and Ladder 51, but acknowledge that this is dependent upon increased assessed
property 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 A] Day of Ow ero\)1! (' '20 \ \
IAFF Local 2819
Memorandum of Understanding and
Agreement
Between
-and-
ORIGINAL
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 of each year. No more than
one (l) 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."
The staffing plan approved by the Board of Commissioners at the November 14, 2011 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 of Understanding and
Agreement
Between
-and-
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 of equipment 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 the 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 _________ 20 __
IAFF Local2819

October 17, 2013
Fire Chief Weninger,
IAFF Local 2819
Professional Firefighters "of Kitsap county"
P.O. Box 3173 Silverdale, WA 98383
www.iaff2819.org email: info@iaff2819.org
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 296305-05001(11). This exemption, under
exceptional circumstances, allows to mitipte loss of life serious injury when one additional
firefighter is outside the hazardous area.
y
The firefighters on duty are tasked with providing services to approximately 72,000 residents.
The District developed and paltially a plan to. StC!ff Engines 41, 51, 56 with three (3)
personnel. Minimum daily staffinj: was increased from seventeen (17) to niheteen. (19) a third person
assigned to Engines 45 and 56. Due to the economic climate and 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 acquired
piece of equipment; Ladder 51. This reallocation removed tt}e third p()sition to Ensines 45 ar)d 5t to staff
ladder ..51. It was fuf'ther recOgnized by all that third ptrson from engirtejdfrec:tiV affetted the
safety .. and efficieneyof th crews yet of a ladder truck for in the hi5fPry of
Central Kitsap Fire and Res*. 'ii:":( > : '':;
L .;:. :' tt"''<.. .'t .... ,';i i
October tf, 2013 Board of Commi$$lol\frs notification that the daily mfrtltnum
staffinl plan may rie.,u:f to be a,djusted and possibly In an effort to diminish costs.
' ' c ' ' ' c ',
The Union recognizes the residents of ICitsa'P' Are and ""e numbf'f one (1} ptiority and the sole
reason this Of1anizatlon has the ability to operate. The District must'be stewards of thei tax dollars
collected and has the 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$: of Cenm.J l<ltsap and the
firefighters tasked With providing emergency services. , .
IAFF Local 2819 ask$.that all options are through research, CoSt .benefit of funds,
and input from the community and the 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 request that 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#
Authorized by
To:
Subject:
Effective immediately,
- rrz
DD 14-002
02125/14
05/25/14
Deputy Chief Lovato
360-447-3629
All Uniform Career Personnel
Annual Leave Balances
.. nm -- -- a
The District realizes that there has been some confusion over the established cap for annual leave
balances. Article 12.5 states: Members may carry over from one year to the next twice the total amount
of annual leave accrued in the current calendar year. This language was discussed during LMC in 2013,
and VP Smith clarified at that time that the carryover maximums are twice the accrual rates included in
Table 12.7.
In January 2014, staff completed an analysis of annual leave banks and discovered that several shift
employees had leave balances exceeding the contractual annual leave cap as of December 31, 2013.
While we believe that we had a clear understanding ofthe contract language, we realize that this issue
may not have been brought to the attention of all employees in advance of the 2013 year end.
Therefore, we have not eliminated the excess balances. However, effectively immediately, all shift
employees are directed to review their current annual leave balances. If that balance exceeds the
contractual cap (twice annual accrual provided in table 12.7), they are directed to schedule any annual
leave necessary to lower their accrued annual leave balance so as not to exceed the cap by the end of
2014. Battalion Chiefs are to monitor this scheduling in compliance with District policy and the CBA.
Leave balances that exceed the cap at the end of 2014 will be forfeited.
DEPARTMENT DIRECTIVE
Reference#
DO 14-002
Date Issued 2/25/14 Purge Date 5/25/14
Subject Annual Leave Balances Page 1 of 1
Reference#
Date Issued
Purge Date
Contact Person
Contact#
DO 14-001
02/25/14
05125/14
Deputy Chief Lovato
Authorized by

To:
Subject:
Effective immediately,
(Fire Chiefs or Designee'S"Si!JMiture)
All Career Shift Personnel
... 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.
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 2:32PM (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 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 41 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 will discuss this proposal with Scott and Bill for
input. Obviously Brian and Mike should have input too.
BC Steve Hostetter
{360) 447-3645
shostetter@ckfr.org
WHEREAS:
THEREFORE:
DAVID FERGUS
CENTRAL KITSAP
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 for
one (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 and
Supervisory (Non-Union) Wage and Benefit Plan, with salary
established at $7334.05, based on comparable positions in the
geographic area.
BOB MUHLEMAN
Chairman & Commissioner VIce Chairman & Commissioner
RALPH ROGERS
Commissioner
Attested to:
KENNETH BAGWELL
District Secretary
KEN ERICKSON
Commissioner
DICK WEST
Commissioner
January 8, 2014
Deputy Chief Lovato,
IAFF Local 2819
Professional Firefighters "of Kitsap County"
Today, January 8, 2014, the District has browned out Station 64. The Union, through many different 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 agrees not to create a situation where Lieutenants supervise other
Lieutenants 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 Districtto 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 1 of that process. As
always, the Union reserves the right to amend this grievance as necessary if after further investigation it
identifies concerns otherwise 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 identified above. Failure to
take such actions may constitute 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
rsmith@iaff2819.org
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 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.
23.1.1. 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 highest
ranking 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 to
fill 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 qualified
Acting Company Officers. If 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 other
Lieutenants 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 fill
their position, members will not be displaced based upon the rules identified in section
23.3.2. 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.
23.3.6. 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 the
minimum 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 Acting
Battalion Chief.
23.4.1. In the event of an Acting Battalion Chief, the vacancy shall first be offered to the
highest ranking member on the current Battalion Chief promotional eligibility list for the
vacancy 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 members
ranked 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 as
an Acting Apparatus Operator if 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 twenty
(120) 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 ninth
consecutive 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 vacancy
has 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, all
sections in this MOU will remain status quo, and the parties will continue to bargain
appropriately, except Sections 23.2.1 and 23.3.4 will sunset.

' j ~ 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.
1
~ .. ;. L ~ l
Signed this __. __ k::_;:,_ __ Day of _ ..... UJ'I-t-F ...... -"'--____ .20J..L
IAFF Local 2819

IAFF Local 2819
Professional Firefighters "ofKitsap county''
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
District 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 position description.
Ronald Smith
IAFF Local 2819
Vice President
rsmith @iaff2819.org
360.990.0822
0
G
'
'
POSmON DESCRIPTlON
CAREER LIEUTENANT- ADMINISTRATION
EIERGENCYOPEBAnONS
Division: Operations
FLSA Status: Non-Exempt
Positions Supervised: Firefighter/EMT's
Paramedics, Apparatus Operators
Date: November 14, 2013 (updated)
POSmON 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 the
confidential assistant to that position. Under the leadership of the Deputy, s s l ~ t s with
providing general direction to career and volunteer suppression staff and officers on all
aspects of emergency response. Functions as a team leader in a variety of situations
and is responsible for the daily activities, safety, and readiness of assigned
subordinates. Assists the Deputy in managing assigned programs, projects, facilities,
committees, and budgets. Ensures programs and projects are carried out in a manner
consistent 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!'1e
Deputy Chief for conformance to District standards and effectiveness In meeting job
requirements. The duties of this position are generally rotated and assigned temporarily
to employees that currently occupy the position of Career Lieutenant
All positions within Cen1ral Kitsap Fire and Rescue are expected to adhere to the
established 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. The
list is not exhaustive and does not include miscellaneous, incidental or additional duties
that 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 or
without reasonable accommodation.
0
0
0
Assists the Deputy with management of planning, deployment, and operations for all
levels of incidents and events, Including multi-agency efforts and disasters.
Creates and implements short and long range plans related to fire 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 as
assigned.
Responds to emergency incidents, and perfonns or supervises utilizing the incident
command system. {ICS)
May assist in the Investigation of fires.
May oversee District programs such as Telestaff, CENCOM, WSRB, Communications,
and 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 consistent
messaging of District policies
Receives reports and briefings from Company Officers, and notifies the Deputy Chief as
needed.
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 and
adherence to budget guidelines for assigned projects and programs.
Seeks training opportunities and additional responsibilities related to this position as the
growth of the District may require
Maintains State of Washington and CKFR training levels and certifications for the
position.
Deals effectively with members of the public and the District. Participates in a team
effort to advance the health and safety of the members and public served.
PERFORMANCE REQUIREMENTS:
@ Similar to those of the FlreflghteriEIIT and Career Lieutenant and requires:
0
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 the
assigned programs.
Standard office equipment and computerized database, spreadsheet, graphics and
word processing applications.
Materials, tools and equipment used in fire service activities and the potential hazards
associated with fire service operations and rescue.
Basic knowledge of fire chemistry and physics, fire hazards, building construction, and
materials.
Principles and practices of program planning, analysis and coordination of 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, utilizing
resources in a safe, eflicient, and productive manner.
Display a strong, pro-active, hands-on approach to coordinate and manage the District's
Emergency Operations programs.
Solve problems and make decisions in stressful situations; adafl and be flexible to meet
the needs of differing circumstances.
Plan, organize, and implement programs to meet District needs.
Communicate effectively, both orally and in writing, especially under pressure.
..

0 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 of a
confidential nature.
Establish and maintain effective working relationships with coworkers, subordinates,
and other staff, as well as public officials, representatives of other agencies,
organizational groups and individuals.
Analyze situations quickly and objectively; determine a proper course of action;
negotiate and problem solve.
Maintain minimum required certifications.
Effectively coordinate, perform and complete duties and assignments in a timely
manner.
Establish and maintain accurate records of assigned activities and operations.
0 Be self-motivated and capable of advancing the goals of the District, while contributing
to 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 and
Lieutenant positions.
Preferred certifications also include:
..
(D FDSOA ISO or equivalent- Incident Safety Officer
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Group critiques CK Fire staffing decision
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Peninsular Thinking
A conversation about Bremerton, 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 once in a while
something about the good folks who don t have the good fortune to live here.

CK gets a deadlme on 201 o Heavy lmp&ct Aid Back
One of Kitsap Fire Watch's signs is catching attention along Silverdale Way
north of Newberry Hill Road. The group disagrees with Central Kitsap Fire and
Rescue's decision to reduce the minimum number of firefighters needed per
shift. Photo by Rachel Anne Seymour I Kitsap Sun
Central Kitsap Fire and Rescue is under scrutiny from a self-described grassroots organization.
1\nthem rendition a !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 dozen 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 be
placed in the public light, Smith said.
The group formed and quickly grew after the CK fire commission approved a staff reducton wt>wut put;lic cornnent in a 41 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 CK Fire.
I
'"'
3/12/2014 2:19PM
Peninsular Thinking Blog Archive Group critiques CK Fire staffing d... http://pugetsoundblogs.com/peninsular-thinking/20 14/0 1/16/group-critiq ...
2 of4
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.
At 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 commissioners 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 2:19PM
Peninsular Thinking Blog Archive Group critiques CK Fire staffing d ... http:/ /pugetsoundblogs.com/peninsular-thinking/20 14/0 I I 16/group-critiq ...
l of4
"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 do-
serve the public.'
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3/12/2014 2:19PM
Chico Fire Station closed Wednesday - Central Kitsap Reporter http:/ /www.centralkitsapreporter.com/news/23933 3421.html ?mobi le:::true

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Chico 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 to 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. I CONTRIBUTED PHOTO
I Comment I
Sound Publishing, Inc.
All rights reserved.
Our Titles I Work With Us
3/12/2014 2:12PM

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 property 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. At 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 rollover was $1. 2013's rollover 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) firefighters are assigned to each shift. With leave use (vacation, Kelly or adjustment 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 administration lacked accountability of the budget and failed to
staff and plan appropriately causing the overtime. 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
rJ 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 firefighters 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 firefighters on duty each day.
The overtime budget allotment for 2013 was $709,469. The total amount spent on overtime in 2013 was $886,730. Therefore overtime 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 left 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 regular 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.
rj If this is the case, why would CKFR create three new positions at the administration building? In 2014, administrative salaries are budgeted to increase
$260,000 from 2013. These positions include making a part-time volunteer coordinator (paid by grant money) into 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 will continue to be assigned to
each shift.
o The sole opposition 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 staffing even further down to 15 career firefighters 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 career
firefighters assigned. In addition 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 not 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 overtime 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 budgetary
neglect?!
Effective January 1, 2014, when daily staffing drops below the new minimum 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 firefighters 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, priorities, and other 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 shift in which CKFR did not staff 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, 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 AFTER A64), 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 64 been browned out on this
day, the four paramedics (with approx. 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 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 stabilizing
medications could be administered by M56. The patient however,
did remain extremely critical during transport.

From:
Sent:
To:
Cc:
Subject:
Attachments:
....)
Justin Brown
Saturday, February 01, 2014 11:19 AM
Ronald Smith; Christopher Bigelow
Steve Hostetter; Joseph Repar
Grover Ln cardiac arrest
Grover Ln cardiac arrest.docx
critical call info from 1-27-14.
rV\
r.d
DR- 11
Eileen McSherry
From:
Sent:
To:
Subject:
Attachments:
Ileana liMarzi
Tuesday, February 04, 2014 9:38 AM
Eileen McSherry
FW: screenshots
Kitsap Fire Watch FB.pub; Kitsap Fire Watch - Grover Lane.pub
Attached are the screenshots.
I{eana
From: Ileana LiMarzi
Sent: Tuesday, February 04, 2014 9:10AM
To: Scott Weninger
Subject: screenshots
Chief,
Here are the screenshots you requested. One is the facebook page and the other is the webpage
that the FB link leads to.
J{eana LiJvlarzi
Public Information Officer
5300 N.W. Newberry Hill Road, Suite 101
Silverdale, WA 98383
360.447.3603
Follow us!
Facebook: Central Kitsap Fire & Rescue- Official Site
Website: www.ckfr.org
DR -18
1
\::)( } '
File Edit View Favorites Tools Help
Kitsap Fire 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 shutdown 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-2714C.:ntral Kitsap Fir'= and RestiJ' responded to a cali !'oro
cardiac arrest (CPR in progress) in dhrision 64, on Ln.
Like Comment, Share
a::J 3 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 AFTER
A64), 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 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 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 stabilizing medications could be administered by 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 tkt) Atn f t=)nrJ' \Aitthin ite: !:l.nnrnvim::'ltl-1ht 1m 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
Pire Cliief Scott Weninger
5300 Newberry Hill Rd
(360) 447-3556
Central Kitsap Fire & Rescue is dedicated to the preservation and protection of life, property, and the
environment.
Follow us!
Facebook: Central Kitsap Fire & Rescue - Official Site
"Leaders are visionaries with a poorly 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
Pire CliiefScott Weninger
Scott Weninger
Wednesday/ February 05
1
2014 4:23 PM
Eileen McSherry
FW:
(360) 447-3556
Central Kitsap Fire & Rescue is dedicated to the preservation and protection of life, property, and the
environment.
Follow us!
Facebook: Central Kitsap Fire & Rescue- Official Site
"Leaders are visionaries with a poorly developed sense of fear and no concept of the odds against them." Robert Jarvik
From: David Fergus
Sent: Wednesday/ February 05, 2014 10:04 AM
To: Scott Weninger
Subject:
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 Fergus
Fire Commissioner, Central Kitsap Fire & Rescue
Vice President, Washington Fire Commissioners Association
5300 NW Newberry Hill Road, Suite 101
Silverdale, Washington 98383
dfergus@ckfr.org
DR- 58
Cell: (360) 271-2330
DR- 59
2
Scott Weninger
From:
Sent:
To:
Cc:
Subject:
Importance:
February 5, 2014
Kitsap Fire Watch
www. kitsapfirewatch.org
Scott Weninger
Wednesday, February 05, 2014 3:49 PM
'kitsapfirewatch@gmail.com'
Jay Lovato; Eileen McSherry (emcsherry@ckfr.org)
Remove Posting - Read Immediately
High
Sent by e-mail to kitsapfirewatch@qmail.com
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 of HIPAA
which exposes you to criminal and civil penalties. The District 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 of HIPAA, 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 40.16.010.
Sincerely,
/sf
Pire Cliiif Scott Weninger
(360) 447-3556
DR- 57
1
~ A . . \ 7
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:sofiam@Summitlaw.com]
Sent: Tuesday, February 04, 2014 10:32 AM
To: Eileen McSherry
Subject: RE: CKFR Policies
206-676-7112
soflam@SummitLaw.com
From: Eileen McSherry [mailto:emcsherry@ckfr.org]
Sent: Tuesday, February 04, 2014 10:22 AM
To: Sofia Mabee
Subject: CKFR Policies
Human Resources Manager
360-44 7-3592
----------------------- Summit Law Group -------
The information contained in this e-mail message may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any
dissemination, 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.
1
DR -77
Policy on Confidentiality and Dissemination of
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 and
health care operations.
I agree that I will comply with all confidentiality policies and procedures set
in place by Central Kitsap Fire & Rescue during my entire employment with
Central Kitsap Fire & Rescue. If I, at any time, knowingly or inadvertently breach
the 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 to
return 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
---------------
Date
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:2819

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 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 1:30 p.m. today in my office.
cc:2819
Garrity Warning
I wish to advise you that you are being questioned as part of an official investigation of
Central Kitsap Fire & Rescue. You will be asked questions specifically directed to your
performance as an employee of Central Kitsap Fire & Rescue. 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. Your
statements can be used against you in disciplinary proceedings; however, your
statements cannot be used against you in any subsequent criminal proceedings.
Signature
Print Name
---------
z- 0 -- ;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 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 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 the
published 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 of a direct order to cooperate during
an investigation.
Indecent or immoral conduct or conduct unbecoming of an employee of the
District - Behavior or actions which adversely reflect on the department and/or conduct not
appropriate for employees in a position of public trust.
Improper performance of assigned duties - Neglect or failure to satisfactorily perform the
duties of the position
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 (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 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."
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 is "none of the District's business", the anticipated
disciplinary action in 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., in 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
in 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 Brown
Station 64
Re: Notice of Loudermill Meeting
Dear Lieutenant Brown:
CENTRAL KITSAP
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 '
J 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
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
on the internet includes detailed descriptions of patient information, 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 ....__
-
During the investigation, you admitted writing ttie,6-niail and creating the attachment. You 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, or
1
..
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
Indecent or Immoral conduct 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 in a position of public trust.
Improper perfonnance of assigned duties - Neglect or failure to satisfactorily perform the
duties of 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 1 0, 2003, you signed a written commitment to abide by the District's confidentiality
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 Chiefs 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 an 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
March 13, 2014
Probationary Lieutenant Justin Brown
Station 64
Re: Notice of Discipline
Dear Probationary Lieutenant Brown:
CENTRAL KITSAP
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 pi ace 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.
Background
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. A
request 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 age as
being "elderly," you described his diagnosed medical condition, the care administered, and 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 saw 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
electronic.
information
CKFR Disciplinary Manual <Table of Offenses):

Improper performance of assigned duties- Neglect or failure to satisfactorily perform
the duties of the position.
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}
authorization.
Disciplinary Action
On April 10, 2003, you signed a written commitment to abide by the District's confidentiality
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 way 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 of patient information in the future, my expectation is
that you will seek guidance from a supervisor before making any such disclosures.
Sincerely,
Scott Weninger
Fire Chief

March 13, 2014
Firefighter/EMT Ronny Smith
Station 51
Re: Notice of Suspension
Dear Firefighter Smith:
CENTRAL KITSAP
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 your
request 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 for 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 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 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 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 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 or 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 to
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 or 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 including
termination." 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 your 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
electronic.
information
CKFR Core Covenants.
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.
You are charged with multiple counts from the Manual:
Insubordination (Non-emergency)- Willful disregard of a direct order to cooperate during
an 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 as 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.
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 with
District patients.
Washington State Uniform Health Care Information Act. RCW 70.02.020(1)
authorization.
Disciplinary Action
On May 22, 2003, you signed a written commitment to abide by the District's confidentiality
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.
--
From: Scott Weninger <sweninger@ckfr.org>
Date: February 7, 2014 at 3:21:45 PM PST
To: "cbecker@iaff2819.org" <cbecker@iaff2819.org>
Cc: Eileen McSherry <emcsherry@ckfr.org>
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
Silverdale, W A 98383
(360) 447-3556
February 7, 2014
Craig Becker
IAFF Local2819 President
Poulsbo Fire Department
911 N.E. Liberty Road
Poulsbo, Washington 98370
Re: HIPAA--related Investigation
Dear President Becker:
CENTRAL KITSAP
i=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 patient
information.
As 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,
lsi
Scott Weninger
Fire Chief

Chief Weninger,
IAFF Local 2819
Professional Firefighters "of Kitsap county"
Today I was called in to discuss allegations that I, and other members of the Union, disclosed some type
of information that was protected by the Health Insurance Portability and Accountability Act (HIPAA). In
response to these allegations, the Union requests the following:
All documents that relate in any way to the incidents or circumstances that 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 that if any documents or
records are withheld that fall within the scope of this request that they be identified with
adequate particularity that would enable the Union to identify the record(s) being withheld, and
a statement, with citation to authority, that 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 that are not
available to the general public under the Public Records Act
1
but that are available to the Union under
the much broader authority of chapter 41.56 RCW.
In addition to the requested records, the Union asks that 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 that the District cease and desist from the inquiry it has started because,
based on the circumstances, it is clear to the Union that 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 that puts our members' safety at risk.
Ronald Smith
IAFF Local 2819
Vice President
rsmith@iaff2819.org
360.990.0822
Friday, Follluary 7, 2014
OPINION/LETTERS
WWW.BREMJ;RTONPIITIIOT.COM! WWW.CENTRALIITSAPIEPORTER.COM PogeA5
Bremerton schools asking for your Jyes vote
The Bremerton School
District board of
tors will be asking vot-
ers to once again approve
a School Support Levy
so we may continue
programs and strive by
"Holding On to Our
Children's Future.. on
Feb.11.
The current levy and
levy equalization funds
support nearly 24 per
cent of the district's over-
all budget.
Before considering a
request for these funds,
the Bremerton School
District board of direc
Minutes can make
the difference
On Jan. 27, Central Kitsap
Fire and Rescue responded to
a call fur a cardiac arrest with
CPR in progreSs in Division
64, on Grover Lane.
Station 64 had career staff.
ing on this day and units were
available and in quarters.
The call was dispatched at
5:30p.m. and Station 64 crews
were en route at 5:31 p.m. Aid
64 was on scene at 5:34 p.m .
and quickly took over CPR
from the patient's daughtei.
A defibrillator was placed
on the patient, as she was in.
ventricular fibrillation (VFIB).
She was defibrillated success-
fully, regained a pulse, and
supportM measures were ini-
tiated until the arrival of Medic
51, comins from Silverdale.
On Medic 51's. arrival, the
patient was further stabiliud
and transported. Early reports
are that she will survive.
This caD illustrates the
importance of early 911 activa-
tion, rapid response, and efrec.
tive CPR and early defibrilla-
tion in patient survival.
Other fire department units,
one from the Navy a_rrived at
5:38 p.m. and one from CKFR
in Silverdale was on scene
-- seven miin.ites after Station 64.
While one can speculate on
whether or not patient out-
come would have been com-
promised had Station 64 been
"browned out'" on this day, the
fuur panunedks on the scene
ultimately condnded that the
fuur minute delay until Station
63 arrived would have likely
cost this patient her lik.
Also of note, at about 6:07
the next morning. another
critical call was dispatched
in Station 64's response area,
with an elderly male experi-
encing respiratory fuilure. It
ls likely that the five minute
tors solicited informa-
tion from the communi-
ty to determine renewal
collections amounts that
reflect slight increase's
over the four years.
This helps provide for
classroom needs like
media support, Honors
and Advanced Placement
programs. music, extra-
curricular activities,
transportation, safety
and security, and mainte-
nance for our buildings.
We continue to offer
our staff professional
development that pro-
vides them the tools they
need to meet the transi-
tion to Common Core
State Standards and the
assessments that will go
with the standards.
With the support of
our fabulous commu-
nity, we have been able
to offer free ail-day kin-
dergarten in all of our
elementary schools,
continue to increase
student achievement in
preschool through 12th
grade, increase gradu-
ation rates by offering
programs that meet the
needs of more students;
and utilize curriculum to
AaronLeavdl --
provide our students the
best possible educational
while they are with us.
We are aware of the
sacrifices our commu-
nity makes to ensure our
schools provide the best
education possible for
every single student.
On behalf of the board
of directors and myself,
we thank you for your
support.
Submitted by A<>ron
Leavell, Superintendent
of the School
District.
LETTERS TO THE EDITOR
difference between Station 64
and Station 56 arrival would
have precipitated respiratory
and subsequent cardiac arrest
ptior to Station 56 arrivins
As it turned personnel
from Station 64 were able to
assist the patien(s respiratory
status until stabilizing medica-
tions could be administered by
a medic from Station 56.
Increases in iesponse times
to some areas could be terribly
detrimental to those residents
that are experiencing emer-
gencies where seconds count.
City of Bremerton
is Wi-FI stingy
Why is the city of Bremerton
so stingy with Wi-Fi access!
The sixth ftoor of the Norm
Dicks Building has Wi-Fi avail-
able. It is just not accessible for
volunteen, taxpayers, report
ers or people interested 1n con-
ducting business. h is not like
the public is or has requested
access to restricted networks
or servers.
They are simply asking to
make use of a rather easy tool
that will assist with their edu-
calion and efforts during the
nearly endless lay= of meet
ings, committees and presen
lations. A couple of wireless
AC or N routers with guest
passwords fur internet access
woulddu.
The city of Bremerton ptides
itself in tbe very fact that it
asks for and solicits volunteers
to augment assistance in deci-
sion making and add some
important perspective that may
have not been realized other-
wise. Volunteer participation
and service assists in stretching
valuable city resources. So why
are these same contributing
volunteers denied a very basic
service that could stretch those
efforts even further? "
Right noW participants with
out existing Wi-H access mast
bring cellular activated devices
if they should need to access
the internet, the city's anHquat
ed relic of a website or even to
look up a city ordinance while
they are on the sixth floor.
Try following along during a
city council study session with
out the supportiog documents
being discussed. It is extremely
frustratiog, especially in lighl
of the fact that most of the
documents used fur the actual
meeting have been amended
at times tight up to the last
minute. '
If the city . wants to keep
holding open public meetings
on the siXth floor, then it needs
to provide the vehicle neces
sary fur participants to openly
access the information and
documentation they need
--'
--
Happy 20th Anniversary
Thank you for 20 years of service
to your coworkers and members.
February 5, 2014
Kitsap Fire Watch
www .kitsapfirewatch.org
Sent by e-mail to kitsapfirewatch@gmail.com
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 of HIP AA which exposes you to criminal and civil penalties. The
District 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 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). 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
Fire officials are leery of records request - Central Kitsap Reporter http://www.centralkitsapreporter.com/news/235617161htr

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s.rvtctna Imports a oom.sttcs
Fire officials are leery of records request
0
by L E S L 1 F K Fll Y, Central Kltsap Reporter Editor
posted Dec 12, 2013 at 11:20 AM
Ulle'2
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 just 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 pay to 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, written 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 January 2008. 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 is to 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 overtime the district 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 that
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12/13/2013 3:53 PI
officials are leery of records request Central Kitsap Reporter
...... ..,.,/ " ...,. "'"'-------
dlstrlct omdills didn't really look i!t what response times would be If the 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 firefighters 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 community meetings in 2014 about the possible closure of the fire station In
Tracyton.
"How come 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 are costing on an individual basis." He also said the district needs education in
what can and can't be redacted on those 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 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 $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 the same page moving forward."
Chief Weninger told 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 the 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 district's reserve funds. Smith said that in the 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 district and I understand that. But >ince 20\0, S\4
million 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 define 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 aren't for US<! for salaries, or to hire more firf!fighters.
He said of the more than $14 million in reserves, 58 million 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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Fire officials are leery of records request - Central Kitsap Reporter http://www.centralkitsapreporter.com/news/235617161htn

l of4
happens rn d furnp 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 llt'
That about SS.8 rnrllion, lovalo said, for equipment and facility 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.
Chairman fergus told Smith to worl< with the chref to get the matter on a future ,Jgenda.
In another matter, a mcrPasing ambulance transport lees was postponed.
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 I Vol. 29, No. S I WWW.CENTRALKITSAPREPORTER.COM I SO( SOUND PUBLISHING INC
Slniothgt/Siaffpllolo
Capt. Rick O'Rourke tests equipment during a weekly inspection of the ladder truck at Station 51. Ladder maintenance is

BY SERAINE PAGE
SPAGE@IOUNDPUBLIIHING.COM
When Central Kitsap Fire & Rescue
fire station personnel say they've had a
long day at work, they aren't kidding.
The team works 24-hour shifts. By the
end of a shift, they may have served
the community in a variety of capaci-
ties: as a counselor, medic or firefighter.
For some, the work they do in an hour
would be more than others could han-
dle if it were spread out over an entire
eight-hour work shift. This unit does
more than fight fires or the stereotypi-
cal saving kittens from trees. They work
hard. Harder than most would imag-
ine. Reporter Seraine Page tagged along
for a portion of a work day. Following
the adventure, Page admits she couldn't
handle a full shift
8:30 Lm. I arrive on a particularly foggy morning
at Central Kitsap Are and Rescue Station 51 for my
first responder ride-along. Ileana UMarzl, CK Are
& Rescue public lnfonnatlon officer, greets me as
soon as I walk through the door. She Introduces
me to the Station 51 on-dutyflreand rescue team.
The fire department captain shows me my seat
on the fire truck that I'll jump In If a call beckons. I
was then told I'd have to wear a fashionably ugly
jumpsuit for IdentifiCation purposes while out
on calls.
ugh, I thought zipping up. This is what I
/isn't it?
as required to sign a waiver releasing
the department from any liability If I were to be
Injured on the ride-along. I was warned a few days
prior that ride-alongs were known for jinxing any
exciting so I wasn't too worried.
For the next two hours, I watched two firefighters.
Including Capt. Rick O'Rourke, check
Items on the ladder truck. The weekly Inspection
Includes wiping soot off the 1 05-foot ladder and
ensuring all cables and pulleys are In working
order. Amazed, I watch as four "legs drop out of
the sides of the truck to the weight of
the ladder. O'Rourke explains that each leg hosts
about 12,000 pounds for stabilization. When I
ask what the cost of a new fire truck was. he
"almost a million" and that fire trucks have
a lifetime of about 25 years. The current truck Is
a 1997 model.
UMarzl tells me 80 percent of the department
calls are medical, but the fire truck has to be In
tip-top shape at all times. We watched the two
men work. Inspecting seemingly every Inch of
the truck.
"It's just one big rolling toolbox," O'Rour1<e
while pulling out multiple tools. I ask what would
happen If a call came In over the speaker alert-
Ing the crew a fire was in progress during their
Inspection. The department has one directive:
drop It and go.
10 a.m. The department has a total of five career
stations. which is how they back one another up
when fires or other situations are out of hand.l get
In my car and follow LiMarzl to Station 41 where
Station 51 staff beat us to the location to host a
regular 10 a.m. meeting. While the fire personnel
hold their morning pow-wow, UMarzl explains to
me how the fire station Is more than a work place.
It Is also a community gathering place open to the
public; anyone can reserve the room- knitting
car clubs and other groups frequent the
department's public meeting room.
10:15 a.m. Lt Jay Christian tells me he can one-
up my request to tour the building. He asks I'd
be Interested in participating in an exercise with
them. I agree, to which Christian tells his crew,
"Lets go play.
10:20 a.m. I'm sure It is more for the crew's
amusement but the lieutenant tells me I can wear
the gear for the exercise. He warns me It'll be a
little big, which I have no doubt since most of the
men tower over me. I quickly tug off my boots and
step Into what look to be size 13 boots attached
to flre pants. I yank up the suspenders, struggling
to figure out which straps go where and what to
pull on to make adjustments. I can feel about 10
pounds already added to my frame, and I don't
even have the most crucial of gear on me. I ask
Christian how much time they get to up for a
call. He tells me a minute, which I've already used
up. I can tell that I would fall a fire academy.
10:27 a.m. As the firefighters assist me with pull-
Ing on the jacket and an air tank. I can feel knots
immediately forming In my shoulders. I see a
mask in one fireman's hand, and I warn the guys
helping me that I am claustrophobic. Christian
tells me that I can at least try, and W I don't like I
can pull It right off. As soon as the strap tightens
on my head, I can feel the panic rising In my
chest. Hooking up the regulator, they tell me to
breathe, which I had apparently stopped doing
the second the mask went on my face. Through
my speaker I say, "Yeah, I don't think I can wear
this.'They Immediately unhooked everything, and
I feel the cool morning air against my face once
again. I took a deep breath and told them, "You
guys are my heroes; I don't know how you wear
all this gear and fight a I adjust my helmet
as another crew member straps on my Infrared
camera and radio before handing me an axe to
carry. I shuffle to their dorms where the exercise
will happen, praying It goes quickly. I can barely
move. Thankfully, Christian pairs me up with a
patient firefighter named Chad Gillespie whose
gear I am wearing. Arefighters always go in pairs.
10:30a.m. LtChristlan tells me I can't chop down
his real door with the axe In my hand. He redirects
me to a log on the side, and tells me to give it five
good chops. With everything rm wearing, raising
an axe higher than my shoulder seems impos-
sible. I weakly crack the wood, missing my mar1<
every time. I feel as though I'm moving In slow
motion, which, apparently I am since my partner
firefighter 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 to
know Its been searched.
In addition to carrying heavy gear, searching for
survivors, the firefighters must also count how
many rooms they searched while maintaining
a sense of calm as they wor1< their way through
buildings on fire. About three rooms in we find a
SEE REPORTER, A13
CKFR looking
at costs, may
close station
BY LESLIE KELLY
lKEllY@IOUNDPUBLISHING.COM
Maintenance costs in the
District may force the closure
of Station 44 in the Tracyton
area, fire commissioners were
told Monday.
Station 44, an all-volunteer
station, and the area is ade-
quately covered by Station 41
on Military Road and Station
45 on Trenton Avenue in
the Ilahee area, according to
administrators and Ronny
Smith, vice president of the
Firefighters Local2819.
Assistant Chief jay Lovato
said safety standards at
Station 44 could cost upward
of $500,000. Lovato ran
Monday's meeting because
Chief Scott Weninger was out
of town.
"To find another location,
buy property and build a new
station would be close to $1.5
million; Lovato told com-
missioners. "Moving 44 into
41 is a prudent move consid-
ering the fact that it would
only cost about $39,000 to
make that move:
The discussion about clos-
ing Station 44 and mainte-
nance costs in general came
during a work study session
on the district's proposed
2014 budget
The $16 million budget
will continue to be discussed
by commissioners at a meet-
ing at 2 p.m. Nov. 12 during
which time there will be a
public hearing and commis-
sioners will take comments
from residents of the district.
A final budget is expect-
ed to be passed later in
November or December.
The draft budget includes
$13.3 million in tax rev-
enue from both the EMS
levy and the district's regular
operation levy. The budget
doesn't include levy increases.
However, commissioners dis-
cussed going out to voters for
increases in 2014 and 2015.
The district has lost more
than $1 million in tax rev-
enue because of a drop in
assessed valuation of prop-
erty in the district, Lovato
reminded commissioners
who agreed.
"The economy has not
been kind to us," said com-
missioner Dave Fergus, com-
mission chairman.
The budget is based on
other income as well, includ-
ing $1.9 million in excise tax,
state contributions, contracts
for services and ambulance
billing coUections, which is
the bulk of that at $1.3 mil-
lion.
On the expense side of
things, $13 million of the
planned $16 million in
expenses are related to per-
sonnel Salaries are listed at
$7.1 million, plus another
$2.5 million in benefits.
Overtime is expected to cost
about $500,000 next year.
Costs of operations, includ-
ing utilities, uniforms, jani-
torial services, printing and
publications, professional
memberships and election
costs are listed at $1.19 mil-
lion.
Capital expenses are set
at $421,113. That amount
includes equipment purchas-
es, computer purchases, tires,
ladders, nozzles, and medical
supplies.
The repair and main-
tenance budget is set at
$448,27 4 and includes a
number of projects at a
number of fire stations, and
routine maintenance such
as plumbing, electrical and
painting repairs. There is
another $166,173 in the bud-
get for training in 2014.
The budget is a bal-
anced budget, Lovato said.
He said the budget protects
staffmg at the same level
and adds one administra-
SEE COSTS, A13
Friday, November 1, 2013
REPORTER
CONTINUED FROM A 1
which looks to be a big black
I radio in that we have
r, and we make our way
outside the "baby.' Then,
we head back in to finish the search,
which, in real life, is why is so cru
cialthatdoorsarecounted and shut.
At the end of the hallway, veteran
firefighter and paramedic Eric Keim
is waiting to give me some addi-
tional information during our
exercise. When in a real fire, they will
pull back their glove and feel the
door up high with the back of their
hands. He demonstrates, showing
how is done ail the way down the
door. get to a point below the
door handle that is too hot to touch,
is unlikely that any inside
would survive.
10:40 a.m. After finding no other
survivors, we the dormitory. The
lieutenant greets us and tells us we
did a great job, but now there's a car
fire to fight We jump in the fire truck
and ride over to the station's training
tower where a large aluminum pan
is shooting up flames. I stripped off
the gear immediately before get
tlng into the truck. so now I was
facing flames an extinguisher
and no gear. I bnought the extin-
guisher close enough to be In range
d the pan and sprayed water.
The fire didn't extinguish, so I was
handed a heavier, red extinguisher
and sprayed the foam in a back
and-forth motion. The fire almost
immediately went out, and the
foam reeked. I coughed and ran out
COSTS
CONTINUED FROM A 7
osition at a cost of
. Commissioners also
d an organizational
chart that Lovato said reflect-
ed some duties changing and
some personnel reporting to
different supervisors.
He said there was $1.3 mil-
lion in projects on the dis-
trict's "wish list" that had to
be cut from the 2014 budget
because there wasn't money
to cover them.
"We had to cut a lot of
things;' he said. "This is the
hardest budget we've had to
put together in all my years
Full
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01 the smOke ana roam clOUd, ani)/
to be alerted there was an actual call
to go on. I hopped in the fire truck
and then was told to jump in the
ambulance. Two minutes down the
road, our call was canceled. While en
route, firef19hter!EMT Gillespie tells
me that knowing the area is crucial
when calls come in. He grew up In
Bremerton, so he has an advantage
over others. Monthly, the depart
ment has "map tests" to give drivers
a chance to sharpen and refine road
memory. The crew has a 115 square
mile coverage area, which makes
road tests all the more pertinent
10'.45 a.m. Getting back to the sta-
tion, I ask I can tour the rest of
the facility to see what else there is
to do at a fire station. Lt. Christian
agrees and he takes me around,
starting with the dormitories where
I drilled. Each room is tiny, but pro-
vides the bask: comforts throughout
a 24-hour shift. Each room has three
lockers, one per person, per shift A
small bed allows weary firefighters
to rest their heads. Cable television
- paid for out-of-pocket by the
- is also hooked up in
each room.
He shows me "rip and runs" which
are paper reports the department
regularly used prior to computers
to figure out where their calls were
and the situation at hand. The sys
tem is still used for filing paperwork
and completing reports. which is
required for each call run.
I ask to see the training tower. Ever-
patient and an excellent host Lt
Christian takes me outside and
walks me up the three-story tower,
telling me the whole way about
how he would love for to be an
actual "bum building" where they
at CK."
Commissioners ques-
tioned the $500,000 in the
2014 budget for overtime.
Several of them noted that
that was the same amount in
the current year budget, how-
ever the overtime this year
was already at $700,000.
"I don't want to say I don't
believe you, but ... " said
Fergus, "if you tell us that you
can keep it to $500,000, then
that's our expectation."
Lovato said there were
things underway including
changes to the limited duty
program, the sick leave pol-
icy and the FMLA (Family
Medical and Leave Act) that
could positively affect the
WWW.CENTRALKITSAPREPORTER.COM
could practice on fires. The build1ng see the out In the gro-
is mostly used for hauling equip eery store buying food, they want
ment up and performing rescues all the public to know that it all comes
while trying to see through black from their own paychecks. As a
ened masks. group, they pool money together
11 a.m. .1
1
:25 a.m. We exit the for the family-style and
building and head for the gym. cable television thats hooked up
According to Lt. Christian, there are in their dorm rooms. While talking
designated times to workout about food, a call comes In alerting
"There is an expectation that you
workout every day," he The
friendly and competitive nature
adds to the motivation to stay flt.
he tells me.
The fire and rescue team do surprls
ing things, too. Uke when the medic
is in someone's home, if there is
time, one of the medics will check
the home to ensure there are work
ing flre detectors. W not they'll hand
out new ones or batteries to the
resident Another task the
department takes care of is showing
someone where flre hazards may
be in their yard. They'll instruct the
person on what areas should be cut
back to prevent a fire. At the station,
any resident can walk in and request
their blood pressure be checked. As
long as there's time, the fire and res-
cue staff are glad to help out
The kitchen, by far, Is the most
impressive and favored room in the
department's building.
"You will be a big failure in the fire
department you don't leam how
to cook," Christian tells me. "The deal
is, there are seven hungry people
down there.'
Even finicky eaters or those
with severe allergies, the crew mem
ber responsible for the evening
keeps notes on who can have what.
Mexican food is a among
the 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 maintenance
costs, the commission asked
that the administration come
back to them at the Nov. 25
meeting with a more detailed
facilities maintenance plan.
"We need to know how
maintenance paces out
over the next 10 years; said
Commissioner Dick West
And commissioners said
any decision about dos-
ing Station 44 will need to
include a public comment
time and that should be done
within the next two months.
the is time to No
time for an early lunch.
11:33 a.m. The call is for bask:
life support (green), which means
the crew can the road
lights or sirens. The report was for
a n-year-old female lower
back and leg pain. We arrive at the
residence of an elderly couple in
a tidy mobile home
Watching the men go from flre
training to patient care Is an incred
ible transition. One minute they're
rough and tough, the next they're
gentle and asking "How old are you,
dear?" and cracking jokes to ease
patient fear. By far, witnessing that
transition is the best part d the day.
Upon arrival the two first respond
ask several questions. take vitals
and then load the female onto a
stretcher. Her husband had cleverly
designed a pull-away rail that would
allow Including a stretcher, to
swiftly move through the front door
to the outside.
11:53 a.m. As the woman's family
watches her being loaded into the
ambulance, EM!' Gillespie calls the
hospital to inform them a patient
is on the way. We're headled to
Silverdale's Harrison Medical Center.
As Gillespie asks the patient ques
tlons in the back d the vehicle,
Keim takes the wheel and heads
to the center. I ask how much an
ambulance ride a whopping
SSOil-$600 for a ride, depending on
"We need to make sure we
have plans in place internally.
and then externally, we need
to meet with the public on
this; Fergus said
Union Leader Smith said
he thought dosing Station 44
made good sense.
Little
just got
mileage ana What's done on the
patient Keim tells me.
"We don't refuse service to any
body," he says.
However, he will have a talkln' -to
with folks who call911 three or four
times a week for a week or longer.
On a regular Keim handles
calls that include those schizo.
phrenia, bipolar disorder and the
like. Part of his paramedic train
ing was reserved for dealing
patients who may have psycho-
logical problems. I ask what kind of
interesting calls he's gotten before,
and he remarks he's had people do
everything from whining about a
hurt finger to faking seizures.
We arrive at the Harlow Medical
Building where the female is pulled
off the vehicle and wheeled into
the medical center. Is clear she's
grateful to the two men assisting
her. I in the car while they flll
out the necessary paperwork. Keim
comes back and me in the
car. I pepper him with questions,
all of which he graciously answers.
I flnd out he has nine children, and
that he's anticipating the birth of
his second grandchild shortly. He's
been doing this for 30 years. 20 d
which were in Orange County,
where he a lot of trauma
and severe injuries.
"You get used to it" he tells me when
I ask how he deals with the trauma.
That and he's a religious man.
I turn to a lighter subject as I watch
Gillespie climb into the back of the
ambulance and spray his shoes
with a cleaner that Keim jokes in 20
might be the cause of cancer.
I ask about the clean sheets that
I now notice on the gurney. Keim
"It's not a necessity to have
it open; he said. "What we
really need to do is look at
maintenance of all our sta-
tions. A lot of things have
to be addressed. Weve had
plans in place before, but
they've not been adhered to.
PageA1J
says the hospital piOVldes the sheets
after a patient is bnought In, which
cuts down costs hugely for the flre
department
12:30 p.m. We head back. and I
chatter some more, asking about
Kelm's family, being a firefighter and
other little things I noticed. He startS
heading back to his honne statJoo,
we puN in, only to realize that mine
and UMarzi's are parked at sta-
tion 41. He radios in that we must
head back out onto the road and tor
what reason. The dispatcher must
know where every vehicle is at all
times to give proper Instructions to
departments.
12>40 p.m. I shake hands Keim,
thank him for his time and hop out
of the ambulance. Gillespie jumps
out reacly to take my shotgun seat
another symbol of my first-hand
and up-close look at what our first
responders do daily. I shake his
hand, smile and thank him for his
time. UMarzi and I walk together to
where our cars are parked, and she
tells me I can give her the
so I don't have to drive back to the
other station again.
It was so comfortable I forgot I was
wearing it I unsnap and unzip to
shimmy out of It before handing it
over. I thank her for accommodating
me as I hand over my business card.
As I get Into my vehicle, I can feel the
smile still on my face. Although my
ride-along was a fantastic and inter
esting experience, I think I'll stay
in my field if only to always have
the opportunity to experience just a
sliver of what heroes In our commu
nities do day In and day out.
But only for a day.
"Right now we have buck-
ets hanging at Station 51 to
catch the leaks. The current
chief (Weninger) is dedicated
to making maintenance a pri-
ority and we just need to do
it now before things get any
worse."
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