Police (Conditions Of Service) Order 2002
POLICE (CONDITIONS OF SERVICE) ORDER 2002
1989 Revision 1
BR 32/2002
POLICE ACT 1974
1974 : 85
POLICE (CONDITIONS OF SERVICE) ORDER 2002
In exercise of the powers conferred upon the Governor by section
32 of the Police Act 1974, the following order is hereby made:
Citation
1 This Order may be cited as the Police (Conditions Of Service)
Order 2002.
Interpretation
2 In this Order—
"BPA" means the Bermuda Police Association;
"BPS" means the Bermuda Police Service;
"COP" means the Commissioner of Police;
"COSO" means the Police (Conditions of Service) Order 2002;
“member” means a member of the Bermuda Police Service;
“recruit” means a newly recruited member;
“shift” means the hours rostered for work on any day;
“split shift” means the hours rostered for work on any day,
which are worked in two parts representing the equivalent of
a shift;
POLICE (CONDITIONS OF SERVICE) ORDER 2002
2 1989 Revision
“spouse” includes persons living together in common law
relationships.
Revokes BR 54/95
3 The Police (Conditions of Service) Order 1995 is revoked.
Conditions of Service
4 The provisions of the Schedule to this Order shall apply to
regulate the conditions of service of members.
TABLE OF CONTENTS
1. PERIOD OF ENGAGEMENT 6
1.1 Overseas Recruit 6
1.2 Bermudian Recruit 6
1.3 Re-hire of Police officers 6
1.4 Temporary Police officers 8
2. PASSAGES AND BAGGAGE 8
2.10 Overseas Members - Repayment of Travel Expenses 10
3. DISCHARGE 10
4. RESIGNATION 11
5. OTHER ENGAGEMENTS 11
5.3 Secondary Employment Guidelines 12
5.4 Secondary Employment Regulations 13
6. SALARY 14
6.1 Salary Scales 14
6.2 Chief Inspectors Salary Change 15
7. COMBINED ALLOWANCE 15
8. QUARTERS 16
9. MEDICAL TREATMENT 16
9.11 Injuries on Duty 17
9.12 Personal Physicians 17
9.13 Dental Treatment 18
9.14 Periodic Medical Examinations 18
10. DISCIPLINE 18
POLICE (CONDITIONS OF SERVICE) ORDER 2002
1989 Revision 3
11. UNIFORM AND EQUIPMENT 19
12. HOURS OF WORK 19
12.7 Rest Days/Additional Rostered Rest Days 20
12.8 Cancellation of Rest Days 20
12.9 Shift Premium 20
13. ALLOWANCES AND EXTRA DUTY 20
13.1 Extra Duty 20
13.2 Telephone Allowance 21
13.3 Plain Clothes Allowance 21
13.4 Out of Pocket Allowance 22
13.5 Shift Change Allowance 22
13.6 On-Call Allowance 22
13.7 Housing Allowance 24
14. OVERTIME 24
14.1 Time and One-half 24
14.2 Double Time 25
14.3 Special Call-in Overtime 25
14.4 Work Outside Normal Duty (Special Call-in) 25
14.5 Public Holidays 26
14.6 Overtime Rates for Acting Ranks 26
15. REFRESHMENT BREAK 26
16. LONG SERVICE RANK STEP 26
17. LEAVE AND TERMINAL PAYMENTS 26
17.1 Sick Leave 27
17.2 Compassionate Leave 27
17.3 Bereavement Leave 27
17.4 Family Related Emergency Leave 28
17.5 Maternity Leave 28
17.6 Paternity Leave 29
17.7 Special Leave With Pay 29
17.8 Pre-Retirement Leave 30
POLICE (CONDITIONS OF SERVICE) ORDER 2002
4 1989 Revision
17.9 Annual Leave 30
17.10 Cancellation of Annual Leave 31
17.11 Leave Scales 31
18. CAREER BREAK 31
18.1 Introduction 31
18.2 Career Break Rules and Regulations 32
18.3 Eligibility 33
18.4 Applications 34
18.5 Termination of Career Break 34
19. PENSIONS 35
20. PROMOTION 35
21. POLICE RECREATION CLUB 35
22. POLICE ASSOCIATION WORK 35
22.1 Administrative Work 35
22.2 Training 35
23. HUMAN RESOURCE ADMINISTRATION 36
23.1 Personal Files 36
23.2 Personal File System 36
23.3 Performance Log 36
23.4 Succession Planning Form 36
23.5 Career Development Interviews 37
23.6 Child Care Services 37
23.7 Pre-Retirement Workshops 37
23.8 Long Service Award 37
23.9 Attendance Record 38
23.10 Payment for Poor Working Conditions 38
23.11 Late Payment of Overtime/Salaries 39
23.12 Shift Schedules 39
24. HARASSMENT POLICY 39
25. THE GRIEVANCE POLICY 39
25.1 The Objective of the Grievance Policy 40
POLICE (CONDITIONS OF SERVICE) ORDER 2002
1989 Revision 5
25.2 Problem-Solving Before Applying for the
Grievance Process 40
25.3 Alternative Dispute Resolution (ADR) 41
25.4 Access to the ADR Process 42
25.5 Conclusion to the ADR 42
25.6 The Grievance Process 43
25.7 What is a Grievance? 43
25.8 Who Can File a Grievance? 43
25.9 Administration of a Grievance 43
25.10 Submitting a Grievance 44
25.11 The Grievance Advisory Board 44
25.12 Decisions of the GAB 46
25.13 Grievance Procedure - Level I 46
25.14 Grievance Procedure - Level II 47
25.15 Grievance Procedure - Level III 47
25.16 Grievance Procedure - Time Limits 48
26. SUPPLEMENTARY 49
ANNEX I 50
ANNEX II 54
ANNEX III 56
ANNEX IV 58
ANNEX V 59
ANNEX VI 60
SCHEDULE
CONDITIONS OF SERVICE
1. PERIOD OF ENGAGEMENT
1.1. Overseas Recruit
1.1.1 An overseas recruit will be appointed for an initial period of five
years commencing from the date of arrival in Bermuda. The first three
POLICE (CONDITIONS OF SERVICE) ORDER 2002
6 1989 Revision
years will be a probationary period. On satisfactory completion of the
probationary period the member may be confirmed in his post.
1.1.2 On completion of the initial five year contract, or any subsequent
contract a member may
(a) be appointed as a pensionable member, at which time all
contract service will be taken into account for pension
purposes; or
(b) be re-appointed as a contract member for any period up
to five years without the requirement of a further period
of probation.
1.2 Bermudian Recruit
A Bermudian recruit will be a pensionable member from the date
of enrolment. The first three years of service will be a
probationary period and on satisfactory completion of such
period, the member may be confirmed in his post.
1.3. Rehire of Police Officers
1.3.1 The Commissioner retains the right to decide whether or not a
member who has resigned will be permitted to reenlist.
1.3.2 When a former member is permitted to reenlist, the Seniority List
will be adjusted to reflect his period of absence according to the
following criteria
(a) in the case of a Sergeant being reappointed as a
Sergeant, he shall be placed on the Seniority List with
his date of promotion recalculated to take into account
his period of absence;
(b) in the case of a member being reappointed as a
Constable, he shall be placed on the Seniority List with
his date of appointment recalculated to take into
account his period of absence.
1.3.3 Where salary pay scales are concerned, a member who is
permitted to reenlist will be reinstated according to the following
criteria:
(a) in the case of a former Constable applying to reenlist
(i) he will be reinstated at his previous incremental
scale, provided that not more than six (6)
months has elapsed between the dates of
resignation and reenlistment,
(ii) if the period of absence exceeds six (6) months,
then the Constable will be reinstated at one step
POLICE (CONDITIONS OF SERVICE) ORDER 2002
1989 Revision 7
below the increment scale he was receiving at
the date of his resignation;
(b) in the case of a former Sergeant applying to reenlist
(i) if the period of absence is less than six (6)
months between the dates of resignation and re-
enlistment, he may be reinstated at the rank of
Sergeant at the discretion of the Commissioner,
(ii) if the member is reinstated as a Sergeant then
he will be reinstated at his previous incremental
scale,
(iii) if the member is reinstated as a Constable, then
the member will be reinstated at the top
Constable’s increment.
1.3.4 It must be clearly understood that reenlistment is dependent
upon the strength of the Service at the time of application and
that in the case of Sergeants, there can be no guarantee that
rank will be restored.
1.3.5. All Promotion Boards qualifications will be rendered null and
void unless the member reenlists within six (6) months of his
resignation or retirement.
1.3.6 Members, who apply to reenlist, must obtain a certificate of
dental and medical fitness and pass the Service Physical Fitness
Test.
1.3.7 Rejoining members will have their training needs assessed on an
individual basis, before they are reappointed. A specific training
plan will be developed after consultation with the Human
Resource Manager, and the officer in charge of the Training
Department.
1.3.8 Members who reenlist in excess of 6 months after their
resignation or retirement will have their driving skills reassessed
by Driving School before being allowed to resume driving duties.
Previously earned driving qualifications may be reinstated as a
result.
1.3.9 These changes reflect seniority, pay and training issues.
1.4 Temporary Police Officers
1.4.1 A Temporary Police Officer is a trained Bermudian or non-
Bermudian spouse of a Bermudian, and a former Police Officer
confirmed as a Constable before leaving the Bermuda Police
Service. He will be hired under specific terms and conditions
under a fixed contract of not less than three weeks and not more
POLICE (CONDITIONS OF SERVICE) ORDER 2002
8 1989 Revision
than four months. The intention is for these officers to assist the
Service during times when the Service is not at full strength.
Limited terms and conditions of service will apply generally
consistent with Government regulations for the hiring of
temporary employees and as agreed between the Bermuda Police
Association and the Bermuda Police Service in the “Guidelines
for the Employment of Temporary Police Officers (TPO’s) in the
Bermuda Police Service”.
1.4.2 The guidelines with respect to the recruitment and employment
of Temporary Police Officers are set out at ANNEX I.
2. PASSAGES AND BAGGAGE
2.1 The Government will provide the overseas member with rail/bus
or sea fare, second class, from his home to airport of departure
and economy class air ticket to Bermuda and on satisfactory
completion of his agreement, or on his discharge under the
provisions of paragraph 3 of this Schedule, with an air passage
from Bermuda to airport of disembarkation in the country of
recruitment, together with rail/bus or sea fare to his home,
provided he claims and avails himself of such passage within one
month from the date of such completion or discharge.
2.2 The member will be provided with free outward and return
passages on completion of two-and-one-half years and at the
completion of the five year contract provided he has been
appointed as a pensionable member or has been reappointed for
a further period as a contract officer.
2.3 The member who has been reappointed for further periods of
contract service will be provided with outward and return
passages at the end of each completed contract.
2.4 The member’s spouse and dependent children up to the age of
eighteen will similarly be provided with passages provided they
are residing with the member at the time of travel.
2.5 The member will be expected to travel by air (economy/excursion
rate applicable to the period of leave in country of recruitment).
If, however, the Government Medical Officer responsible for
police certifies that a member is unfit to travel by air, he will be
provided with equivalent cost of the air ticket towards his sea
passage. Where the member's unfitness to travel by air is a
result of an accident or injury, sustained in the course of his
duty, the full cost of his sea passage will be provided. No
member who travels by sea may receive more than the actual
cost of his sea passage.
POLICE (CONDITIONS OF SERVICE) ORDER 2002
1989 Revision 9
2.6 In the event that the member wishes to travel to a place of his
choice as an alternative to returning to the place of his
recruitment, the passage granted may be used to defray the cost
of travel provided that the passage allowance is only used for
travel and not accommodation or other non-travel expenses. He
may not receive a refund of any unspent balance of the passage
allowance.
2.7 An officer recruited from overseas shall on first appointment be
entitled to an allowance towards the cost of crating and
transporting (but not storing, insuring or customs charge) his
baggage and personal effects from his home at the place of
recruitment to his place of embarkation for Bermuda, then to
Bermuda, and from his place of disembarkation in Bermuda to
his residential accommodation in accordance with the
following
(a) single officer - the actual cost not to exceed the equivalent
current airfreight charge plus the cost of door-to-door road
haulage for 150 kilos (330 lbs.);
(b) these provisions apply on first appointment also to
Bermudians domiciled overseas on appointment to
permanent posts in Bermuda.
2.8 Officers will be required to submit vouchers and receipts in
support of claims for payment of an allowance under 2.7 (a) and
(b) and will be required to execute an agreement in the form
specified by the Attorney-General to refund such allowances in
certain contingencies.
2.9 Any member who is finished his appointment or contract,
resigns or retires from the Service, who does not possess
Bermuda status and who vouches in writing that he is leaving
Bermuda permanently, will be granted a one way passage to his
destination, for himself, his spouse and any children under 18
years of age at the time of resignation or retirement; provided
that each passage does not exceed the cost of a one-way passage
to return members to their place of recruitment.
2.10 Overseas Members - Repayment of Travel Expenses
Should an overseas contract member resign or otherwise depart
the Bermuda Police before completing his contract, he will be
required to refund a proportionate part of the travel expenses to
Bermuda. The member will also be responsible for payment of
his own passage on departure from Bermuda.
3. DISCHARGE
POLICE (CONDITIONS OF SERVICE) ORDER 2002
10 1989 Revision
3.1 A member may be discharged at any time in accordance with
existing legislation, for example for the following reasons
(a) when pronounced physically or mentally unfit for further
service by a Staff Medical Board;
(b) when sentenced to be dismissed from the Service for
misconduct;
(c) if, during the course of or at the end of his initial training
period he has failed to reach the required standard;
(d) if during the course of, or at the end of the probationary
period, the Commissioner of Police considers that he is
unlikely to become an efficient member;
(e) if circumstances arise for which he is responsible and
which, in the opinion of the appropriate authority, render
him unsuitable for properly carrying out the duties of a
member of the Police Service;
(f) if the appropriate authority is of the opinion that such
discharge is necessary in the public interest.
3.2 The Commissioner of Police has agreed that he will not use the
provisions of section 3.1 (e) and (f) until a clear definition is
obtained from the Attorney-General’s Chambers on “appropriate
authority”.
4. RESIGNATION
4.1 No member may resign without the permission of the
Commissioner of Police. Members of the service, including
cadets, wishing to resign their appointment, shall give written
notice to the Commissioner of their intention and shall state
their last working day and last day of service.
4.2 Each member who resigns shall give the following notice of his
resignation.
4.2.1 Members up to and including the rank of Sergeant will be
allowed to resign one month from their last day of duty, or less if
circumstances dictate, taking into consideration the operational
requirements of the Service.
4.2.2 Members in the rank of Inspector and above will be allowed to
resign three months from their last day of duty, or less if
circumstances dictate, taking into consideration the operational
requirements of the Service.
4.3 No member shall be authorised to resign in the event of him
being indebted to the Bermuda Police Service, or him having
disciplinary proceedings pending against him.
POLICE (CONDITIONS OF SERVICE) ORDER 2002
1989 Revision 11
4.4 Where a member has internal discipline proceedings pending
against him, the Commissioner of Police may reject his request
to resign. The Commissioner of Police will take into account on a
case-by-case basis, the severity of the alleged offence, the public
interest, and the interest of discipline in the Service. If the
Commissioner of Police denies a request to resign because of a
pending discipline investigation, he will inform the member in
writing of the reasons for denying the request. The
Commissioner of Police will ensure that the discipline process in
cases such as these are given priority.
5. OTHER ENGAGEMENTS
5.1 Subject to immigration restrictions, the Commissioner of Police
will consider individual applications from members to engage in
employment outside the Service and will not withhold permission
without reasonable cause. Members recognise that employment
in the Police Service is pre-eminent and failure to report for
police duty when ordered to do so shall be considered as a
breach of the Police (Discipline) Orders 1975.
5.2 If a member is convicted of a disciplinary offence as a result of
his abuse of this provision, the Commissioner of Police shall
have the right to withdraw this privilege from that member for a
period not exceeding two (2) years.
5.3 Secondary Employment Guidelines
5.3.1 Secondary employment for members will be permitted subject to
the provisions of the Secondary Employment Policy.
5.3.2 For the purpose of this policy, a member means a serving Police
Officer of the Bermuda Police Service.
5.3.3 If a Police Officer wishes to engage in secondary employment, he
must submit a formal request to do so through his Divisional
Commander or Department Head, or both.
5.3.4 The request for secondary employment must be made in writing
and contain full details of the position, particulars of the
company, including its principals, the type of work being carried
out in the company, the hours to be worked, whether the
position is full-time or part-time and whether the request is for
employment for a specific period of time.
5.3.5 The Divisional Commander who receives notification from a
Police Officer seeking permission to have secondary employment
will discuss the application with the member and seek
clarification or details additional to the written request, if
needed.
POLICE (CONDITIONS OF SERVICE) ORDER 2002
12 1989 Revision
5.3.6 In discussing secondary employment with members, Divisional
Commanders and Department Heads shall take into
consideration the following in preparing their report and
recommendations to the Commissioner of Police
(a) whether the secondary employment would interfere with the
member's assigned duties within the Service;
(b) whether the member's attendance and productivity records
are satisfactory;
(c) whether the member has a high frequency of complaints
against him;
(d) whether the secondary employment workplace is frequented
by convicted felons;
(e) whether suspected illegal activities are being conducted at
the secondary employment workplace;
(f) whether the nature of activities at the secondary
employment workplace would bring discredit upon the
Police Service.
5.3.7 Upon review of the application, the Divisional Commander will
formulate his recommendations in regard to the application and
inform the member of these recommendations in writing.
5.3.8 The application, together with the recommendations of the
Divisional Commander, will be forwarded to the Commissioner of
Police for approval.
5.3.9 The Commissioner of Police will retain the right to deny or cancel
secondary employment if there is evidence that the member's
performance has been seriously affected by his decision to hold
another job, or if there is evidence of an abuse of the regulations
outlined in this policy.
5.3.10 If a member's application for secondary employment is denied,
he may file a grievance in accordance with the Grievance Policy.
If the decision to deny secondary employment was made by the
Commissioner of Police, the grievance will be referred to the
Permanent Police Tribunal and dealt with at this level as
identified in the Grievance Policy.
5.4 Secondary Employment Regulations:
5.4.1 The following regulations will apply to all police officers in the
BPS.
5.4.2 Restrictions will be imposed on the total number of hours a
member will be allowed to work on a secondary job. This is
necessary to prevent situations where the member, his co-worker
or a member of the general public could be placed in danger as a
result of fatigue, or other factors caused by the member being
POLICE (CONDITIONS OF SERVICE) ORDER 2002
1989 Revision 13
involved in secondary employment. These controls are also
necessary to prevent any impact on a member's commitment to
his primary duties as a Police Officer.
5.4.3 Members of the Service shall not use any facility or resource of
the Service while engaged in secondary employment activities,
and shall not wear any articles of uniform identifying him as a
member of the Service.
5.4.4 A member cannot work at any secondary employment within 24
hours of the beginning of the shift in which the member fails to
report for duty due to any use of sick time.
5.4.5 No more than 16 hours including regular police duties, overtime
and extra duty may be worked in any 24-hour period.
5.4.6 A member must cease any approved secondary employment no
later than four (4) hours before taking up regular duties on the
night shift.
5.4.7 Police Officers are prohibited from engaging in any secondary
employment that will place them or the Service in disrepute.
5.4.8 Police Officers shall not be permitted to engage in secondary
employment involving the following activities:
(a) private investigator;
(b) bill collector, process server or bailiff;
(c) insurance adjuster or investigator;
(d) paid escort, or an employee of an escort or dating agency;
(e) owner, operator or employee of a licensed public premises
or other business, the primary purpose of which is to serve,
sell, buy or deliver alcoholic beverages or where gaming is
permitted;
(f) an appointment to any paralegal position;
(g) legal representative or advisor or agent in legal proceedings;
(h) motor vehicle collision investigator or assessor;
(i) activities, which would result in the disclosure of
confidential police methods, operations, techniques or
information;
(j) any occupation, which requires the person to be equipped
with an offence-related object, i.e. a baton;
(k) any occupations or businesses that are regulated by or that
must be licensed by the Bermuda Police Service;
(l) work of any kind by a member, as a peace officer for any
other police force or service or agency other than the
POLICE (CONDITIONS OF SERVICE) ORDER 2002
14 1989 Revision
Bermuda Police Service unless approved by the
Commissioner of Police.
5.4.9 Where a member is engaged in a secondary employment
occupation in a licensed premise where the primary purpose is
not to serve, sell, buy or deliver intoxicating liquor, the member
must not actually sell, buy or deliver intoxicating liquor. (For
example, a cashier in a grocery store must make administrative
arrangements with the manager so as not to be responsible for
the selling, buying or delivery of intoxicating liquor).
6. SALARY
6.1 Salary Scales
Salary scales are set out at ANNEX III to this document.
Standardised differentials between the ranks and between the
steps within the ranks have been introduced into the salary
schedule. The differential between steps within the ranks for
Constables have been set at 4.05%. The differential between
steps within the ranks for Sergeant, Inspector and Chief
Inspector have been set at 3.50%. The differentials between the
ranks up to Inspector have been set at 3.75%. An enhanced
differential between the Inspector’s and Chief Inspector’s ranks
has been set at 12 % to compensate for the lost of the right to
earn overtime.
6.2 Chief Inspectors Salary Change
As a result of a study requested by the BPA and the BPS,
Management Services Department carried out a study of the
Chief Inspector’s salary. An increase to overcome compression
with the Inspector’s salary has been included and Chief
Inspectors will no longer claim overtime as a consequence of this
salary improvement. Chief Inspectors authorised to work
additional hours may be granted equivalent time off in lieu by
the Commissioner of Police.
7. COMBINED ALLOWANCE
7.1 This allowance is paid as a supplement to members up to and
including the rank of Assistant Commissioner of Police.
7.2 For the combined premium for Constables, the benchmark will
be the Step 4 salary grade level. The combined premium will be
10% of this grade. For Sergeants, the benchmark will be the
Step 2 salary grade level. The combined premium will be 8% of
this grade. For Inspectors and above, the combined premium
benchmark will be the Step 2 salary grade level for each rank.
The combined premium will be 6% of this grade.
POLICE (CONDITIONS OF SERVICE) ORDER 2002
1989 Revision 15
Rank Benchmark
Combined Premium at 10.1.99
Constable Step 4 10%
Sergeant Step 2 8%
Inspector & Above Step 2 6%
8. QUARTERS
In the case of a member who is unmarried and on contract, the
Government will provide furnished barrack quarters for which
the member will be charged rent at the rates in force from time
to time. The member will be required to pay for his meals.
9 MEDICAL TREATMENT
9.1 The Government will undertake a study of the feasibility of
establishing another post for a Medical Officer with responsibility
for the Police Service.
9.2 All members of the Bermuda Police Service shall be entitled,
without payment, to such medical advice and treatment,
including surgical operations, specialist examinations and
medicines as may be available. This includes any ophthalmic
treatment, including free spectacles, where the member is 40
years of age or over, or the member has completed three years or
more in the Police Service; provided the Government Medical
Officer has recommended the need for spectacles. The cost of
lenses, which shall include contact lenses, as prescribed, shall
be met in full, and the cost of frames shall be met to a maximum
of $200.00.
9.3 A member who is prevented by illness from reporting for duty
shall immediately notify his Divisional Officer or Unit Officer.
9.4 Except in cases of emergency, before reporting sick a member
must see the Government Medical Officer or a physician of his
choice and be certified unfit for duty.
9.5 Any member receiving medical treatment or attention other than
emergency treatment at King Edward VII Memorial Hospital
without prior permission of a Government Medical Officer will be
held responsible for any expenses incurred.
9.6 Personnel receiving private medical treatment of any nature
whatsoever will submit a report to the Commissioner of Police
outlining the reason for, and the nature of, the treatment and
the name of the doctor. In the event that the matter is of a
POLICE (CONDITIONS OF SERVICE) ORDER 2002
16 1989 Revision
confidential nature, the information should be submitted directly
to the Commissioner of Police under confidential cover or given
by way of a personal interview.
9.7 When the Commissioner of Police is informed of the medical
treatment of a member and the illness is of a confidential nature,
the information will be sealed and marked CONFIDENTIAL and
kept in a restricted location only to be accessed by the Assistant
Commissioner or higher rank. The Commissioner of Police will
not disclose this information to any other persons without the
written consent of the member. The only exception will be during
the convening of a Medical Board to discuss the medical
discharge of a member.
9.8 If a member contracts an illness, or sustains an injury which
can not be adequately treated in Bermuda, provision may be
made for such treatment outside Bermuda where a Government
Medical Officer certifies it is necessary and unavailable in
Bermuda.
9.9 Where a member is dangerously ill and his relatives reside
outside Bermuda, arrangements will be made by the
Commissioner of Police for them to be informed, together with
any changes in his condition.
9.10 Emergency medical expenses incurred by members whilst on
leave away from Bermuda will be admitted as a charge against
the Government, provided they are supported by a doctor’s
certificate, a written report from the member and copies of any
receipts.
9.11 Injuries on Duty
9.11.1 When a member receives an injury on duty, or when engaged in
a sport approved by the Commissioner of Police, a full report will
be submitted to the Commissioner of Police; in case of injury on
duty, both by the member and by his Divisional or Unit Officer.
9.11.2 When a member is taken to King Edward VII Memorial Hospital
Emergency Department, he will give the name of the Government
Medical Officer as his doctor. Where the member has a family
doctor, this doctor’s name will also be given. The hospital
authorities will be responsible for informing the Government
Medical Officer of the admittance to hospital of police officers.
9.11.3 Upon discharge from hospital, or in any case within twenty-four
hours, the member will report as soon as possible to the
Government Medical Officer in order to obtain a medical
certificate and further treatment if required.
POLICE (CONDITIONS OF SERVICE) ORDER 2002
1989 Revision 17
9.11.4 Members who fall under the category of “off duty sick” will be
subject to any rules and restrictions as the Commissioner of
Police may direct.
9.12 Personal Physicians
9.12.1 Except in cases of emergency, before reporting sick members
must see a physician and be certified unfit for duty.
9.12.2 Members will have the option to see the Government Medical
Officer or a physician of their choice.
9.12.3 This does not apply to those periods of sick leave when the
production of a certificate is not required.
9.13 Dental Treatment
9.13.1 All members are entitled to free limited dental treatment by
approved dentists, provided such treatment is considered
necessary for the member’s good health and continuance of
service.
9.13.2 The entitlement provided for by paragraph 9.13.1 does not cover
any work considered by an approved dentist to be exclusively
cosmetic.
9.13.3 No member will be permitted free dental treatment unless he has
obtained a written statement from an approved dentist for the
work to be carried out and received approval from the
Commissioner of Police.
9.13.4 Where a member is injured on duty, or engaged in authorised
police sports, the member will be entitled to free dental treatment
to repair any injury sustained.
9.14 Periodic Medical Examinations
9.14.1 The Government Medical Officer has prepared a report entitled
‘Health Maintenance Protocol - Age and Risk Factors’.
9.14.2 The COP and BPA support the Government Medical Officer’s
recommendations and the need to implement this protocol
immediately.
9.14.3 The Human Resource Manager shall be responsible for
administering the protocol.
9.14.4 Medical examinations should be provided either through the
member’s personal doctor or through the Government Medical
Officer until a dedicated Police Medical Officer has been
appointed.
10. DISCIPLINE
POLICE (CONDITIONS OF SERVICE) ORDER 2002
18 1989 Revision
Members up to and including the rank of Chief Inspector, will be
subject to the Police (Discipline) Orders 1975 and any other
Regulations governing discipline made from time to time for that
purpose.
11. UNIFORM AND EQUIPMENT
11.1 The member shall be provided, initially free of charge, with
uniform and equipment including weapons at such scale of issue
as the Commissioner may from time to time direct and on a
replacement basis thereafter.
11.2 The safekeeping of such uniform and equipment will become the
sole responsibility of the member to whom it is issued. The
member will be answerable to the Commissioner in the event of
loss, damage or destruction of any item so issued.
11.3 Where such loss, damage or destruction is the result of
negligence on the part of the member, disciplinary proceedings
may follow, but in any event, the member may be required to pay
all or part of the cost of replacing the item so lost, damaged or
destroyed.
11.4 When on duty in uniform, no member shall wear any item of
uniform clothing or use any item of equipment other than that
which is approved by the Commissioner.
12. HOURS OF WORK
12.1 A 28-day cycle requiring 160 hours of work is currently in
existence.
12.2 A new shift schedule is being developed. A “Trial” of this shift
schedule is underway for St Georges. This shift schedule has
been designed to provide better coverage and more appropriate
rest periods for members of the Uniform Division and CID
located in the Division. Should the new shift schedule prove
satisfactory to both management and the Association, it may be
considered for implementation in other Divisions, Departments
or units in the Service.
12.3 Hours of work and shift schedules will be based on a calendar
day beginning and ending at midnight.
12.4 All shift schedules will reflect the correct day that duties and rest
days are allocated. i.e. night shifts will begin at 0001 Hrs on the
day that the duties are required. This provision allows for those
divisions or departments that start at 2300 Hrs to continue but
the hours worked will be shown on all records as being done on
the correct Gregorian day.
POLICE (CONDITIONS OF SERVICE) ORDER 2002
1989 Revision 19
12.5 Shift schedule changes will be posted one cycle prior to the
commencement of the shift schedule. Members of the Service will
be compensated if shift schedules or rest days are cancelled or
changed without the prescribed notice as set out in this Order.
12.6 Members on shifts are still required to report at their place of
work fifteen (15) minutes prior to the start of their tour of duty.
12.7 Rest Days/Additional Rostered Rest Days
All members of the Service shall be granted 8 days leave in each
28-day period (subject to the exigencies of the Service) known as
rest day leave.
12.8 Cancellation of Rest Days
12.8.1 Where a member is required to work a normal rest day or an
Additional Rest Day (ARD), the member will be granted a day in
lieu at a future date to be agreed by the supervisor and the
member, provided the member is given a minimum of eight (8)
days notice of the requirement to work.
12.8.2 If less than eight (8) days notice is given then the member is
entitled to claim a payment which will be at double the hours
worked.
12.8.3 Members who are transferred for discipline or performance
reasons and who during the course of their transfer have their
rest days changed will not be entitled to claim this
compensation.
12.9 Shift Premium
12.9.1 The BPS is currently experimenting with a new shift schedule as
a pilot project. It has been agreed that a review of the shift
premium to be paid will be carried out once a decision has been
made regarding the new Shift Schedule Policy and when a
Service-wide Shift Schedule has been implemented, if that is
chosen.
12.9.2 For the whole of any shift worked by a member of, or below, the
rank of Inspector in such a way that at least four (4) hours of the
time worked on that shift shall fall between 1600 hours on any
day and 0800 the following day, the member shall be paid, in
addition to his basic pay, an allowance equivalent to his basic
pay for three quarters (3/4) of an hour. Notwithstanding the
above, where four (4) hours are worked between midnight and
0400 an additional one-quarter (1/4) hour shall be paid.
13. ALLOWANCES AND EXTRA DUTY
13.1 Extra Duty
POLICE (CONDITIONS OF SERVICE) ORDER 2002
20 1989 Revision
13.1.1 The rates for allowances and extra duty will be determined
during negotiations.
13.1.2 This allowance is paid to members hired by private persons for
the performance of duties outside the ordinary functions of the
police. An additional $2.00 per hour will be charged and paid
into the Police Rewards and Fines Fund when the hirer is a non-
Governmental agency.
13.1.3 A new rate was determined by taking Step 4 of the Constables,
Step 2 of the Sergeants and Step 1 of the Inspectors and
multiplying them by 1.5.
13.1.4 The Government extra duty rate is as follows:
Constable $33.61 per hour
Sergeant $41.44 per hour
Inspector $47.22 per hour
13.2 Telephone Allowance
13.2.1 The Telephone Allowance is to be abolished and replaced by a
telephone call recording system that will track and report actual
calls made.
13.2.2 All Officers making police business-related calls while they are
away from police telephone facilities will be reimbursed for actual
calls made.
13.2.3 Officers performing duties overseas will obtain and submit a
record of official calls made on business-related matters. All
business-related calls will be reimbursed upon submission of
substantiated records.
13.2.4 The present Telephone Allowance will continue to be paid to all
personnel with twenty-four hour responsibility until a form of
telephone call recording and reporting system becomes
operational.
13.3 Plain Clothes Allowance
13.3.1 Those members instructed by the Commissioner to wear plain
clothes on a regular basis will receive a plain clothes allowance,
the rate of which is set out in Annex III.
13.3.2 In addition to the provisions set out in the COSO; the plain
clothes allowance will also be granted to those members of the
Service who are required to intermittently wear plain clothes for
any period.
POLICE (CONDITIONS OF SERVICE) ORDER 2002
1989 Revision 21
13.3.3 Members authorised and required to wear plain clothes in the
course of their duties will record the number of days such
requirement occurs.
13.3.4 When a minimum of 20 working days has been accumulated, a
member may claim for the payment of a monthly allowance,
through Divisional Commanders.
13.4 Out of Pocket Allowance
The Out of Pocket Allowance will be abolished in favour of
allowing all members to claim actual expenses on the basis of an
expenses claim form.
13.5 Shift Change Allowance
13.5.1 The former Task Force Allowance will now be called the Shift
Change Allowance, and will apply to all departments.
13.5.2 If there is a change to of at least three (3) hours to the shift
commencement time and less than seventy-two (72) hours notice
is given prior to the change, a member is entitled to claim one (1)
hour overtime.
13.5.3 This allowance will not apply when the shift change is made for
disciplinary or performance reasons.
13.6 On-Call Allowance
13.6.1 The Bermuda Police Service, as part of its responsibilities, is
required to have available on a twenty-four (24) hour basis, a
pool of Police Officers to respond to situations requiring a
specialised Police Service presence.
13.6.2 Divisional Commanders, Department Managers and Unit
Leaders will be required to identify a list of positions within their
area of responsibility where persons will be expected to provide
“on call” services. They are also responsible for ensuring that the
“on call” policy is administered in an effective and efficient
manner and only those individuals will be identified who, for
operational reasons, are required to respond to calls after normal
working hours.
13.6.3 Persons working in these positions will be notified of the “on call”
requirements and an “on call” rotational roster will be completed
providing the individuals “on call” with at least 28 days’ notice. If
such notice has not been given, the officer will be allowed the
option of accepting or rejecting the “on call” roster spot. These
persons will also be issued with a personal pager and they will
ensure that during any “on call” periods COMOPS is aware of
their pager number.
POLICE (CONDITIONS OF SERVICE) ORDER 2002
22 1989 Revision
13.6.4 Officers will be compensated for every eight-hour period that
they are “on call”, excluding normal duty time, at a rate of one
(1) hour. This rate will double on statutory holidays to two (2)
hours for every eight-hour period of “on call”.
13.6.5 When an officer who is “on call” is called out to an incident, this
order relating to overtime will apply to any period worked.
13.6.6 Police Officers identified on the “on call” roster will be in a state
of readiness that will allow them to perform the functions that
are necessary if called out.
13.6.7 After the roster has been published and accepted, police officers
"on-call" must be promptly available for duty throughout the
period between going off duty on one day and the next period of
duty.
13.6.8 The consumption of alcohol or any medicinal drug (prescription
or otherwise) which will impair the ability of the officer to
perform the required duties for which he is on call is strictly
forbidden during the eight (8) hour period immediately preceding
the commencement of the “on call” period or whilst “on call”. The
provisions of paragraphs 13.6.9 and 13.6.10 will govern officers
who are required to be on call for the purpose of providing
firearms response.
13.6.9 The consumption of alcohol is strictly forbidden whilst “on call”
or during the twenty-four hour (24) period immediately preceding
the commencement of the “on call” period.
13.6.10 The use of medicinal drugs (prescription or otherwise) can impair
the alertness and performance of Police Officers carrying out
specialised duties. Whilst “on call”, any officer who takes any
medication will report the fact to the ERT Co-ordinator, who will
make an assessment of that member’s ability to remain “on call”,
based on the likely affects and side effects of the medication. If
necessary the advice of a medical practitioner will be sought.
13.6.11 Whilst “on-call”, officers will ensure that they carry personal
issue pagers at all times. The officer to whom a pager is issued
is responsible for ensuring that it is functioning correctly at all
times. Regular testing and reporting of any faults is an essential
duty of the “on call” officer.
13.6.12 When “on-call”, officers will make arrangements to ensure that
they are within 30 minutes travelling time from the place where
they would normally report to commence their duties if called
upon to do so. When requested, they shall respond immediately
to the place of normal employment or any other place directed by
COMOPS.
POLICE (CONDITIONS OF SERVICE) ORDER 2002
1989 Revision 23
13.6.13 Officers will ensure that they are able to respond as in 13.6.6.
Any sickness, injury or other impediment to their ability to
respond to a call-out should be reported to the person in charge
of COMOPS and their supervisor immediately.
13.6.14 Officers “on-call” will be required to justify any failure to respond
to a call-out request in accordance with the foregoing and may
be subject to disciplinary proceedings.
13.6.15 Officers will not be entitled to the payment of “on-call” allowance
when on sick leave or annual leave or if they have breached any
of the aforesaid provisions.
13.6.16 Divisional Commanders, Department Managers and Unit
Leaders will be responsible for providing a monthly roster of
those officers detailed to perform “on-call” duty to COMOPS and
shall notify COMOPS of any changes in personnel due to sick
leave or other circumstances.
13.6.17 At the end of each month, an Hours Worked Form, detailing the
period of “on call” and the hours of compensation claimed will be
submitted via Divisional Commanders or Department Managers
to the Manager Finance and Administration so that the
member’s overtime record will be credited.
13.7 Housing Allowance
This allowance is paid to the Commissioner and Deputy
Commissioner.
14. OVERTIME
14.1 Time and One-half:
14.1.1 Time and one-half shall be paid for work done on
(a) extended shift - being continuous hours a member is
detailed to work in excess of a normal shift (eight hours);
(b) overtime - being any additional hours a member is detailed
to work in excess of a normal shift, (eight hours) for which
overtime at double time is not specified.
14.2 Double Time
14.2.1 Double time shall be paid for work done on
(a) rostered double shift - being those continuous hours a
member is detailed to work as a double shift (i.e. - a total of
16 hours of continuous duty). If a member is required to
work a double shift, then double time shall be paid for the
whole or part of the second shift, if released from duty early;
(b) extended shift - being any continuous hours a member is
detailed to work in excess of a normal (eight hour) shift if a
POLICE (CONDITIONS OF SERVICE) ORDER 2002
24 1989 Revision
member is required to work a continuous shift, then the
first four (4) hours in excess of eight shall be paid at time
and one-half (1 1/2), and those hours in excess of twelve
shall be paid at double time; and
(c) rest days and public holidays.
14.3 Special Call-in Overtime
14.3.1 Where a member is called in or required to work overtime within
one hour before, or within one hour after, his normal duty, he
shall be paid the appropriate overtime for the overtime so
worked.
14.3.2 Where a member is called in to work overtime more than one
hour before, or more than one hour after, his normal duty, he
shall be paid the appropriate overtime for the overtime so worked
or four (4) hours overtime, whichever is the greater.
14.4 Work Outside Normal Duty Time (Special Call-In)
If a member is required to attend more than one hour before or
after the normal duty time, e.g., for an official meeting, overtime
will be paid at the appropriate premium rate for the hours
attended or for four (4) hours at normal time, whichever is
greater. If a member is required to attend for duty or an official
meeting on a rest day, the member will receive a minimum of
four (4) hours pay at the appropriate premium rate.
14.5 Public Holidays
Where a member is required to work on a rest day or additional
rostered rest day which falls on a public holiday, he will receive
double time for the day worked (8 hours minimum worked), plus
a further eight (8) hours paid at normal time as payment for the
loss of a rest day or public holiday.
14.6 Overtime Rates for Acting Ranks
14.6.1 Members working in acting ranks for periods for which they
would receive acting pay will also be compensated for overtime at
the rate pertinent to the rank in which they are performing the
duty (up to the rank of Inspector).
14.6.2 The same provisions will also apply to extra duty.
15. REFRESHMENT BREAK
15.1. Where a member works either a continuous shift or a split shift
without a refreshment break, the member shall be paid for a lost
refreshment hour at the rate of time and one half
POLICE (CONDITIONS OF SERVICE) ORDER 2002
1989 Revision 25
15.2 On any duty where a minimum of five hours is worked, members
will be entitled to a refreshment break of 30 minutes.
15.3 When a period between five and eight hours is worked, the
member will be entitled to a 1-hour refreshment break.
15.4 In cases where more than 8 hours are worked, members will be
entitled to a 30 minute refreshment break for every 4 hours
worked.
15.5 Where a member works either a continuous shift or a split shift
without a refreshment break, the member shall be paid for a lost
refreshment break at the rate of time and one half.
16. LONG SERVICE RANK STEP
16.1 A Police Constable who does not take or takes and fails to pass
the Sergeant’s examination will progress to PA Step 10 and after
then completing twelve (12) years as a Police Constable, will
progress to PA Step 11.
16.2 A Police Constable who takes and passes the Sergeant's
examination without being promoted to the rank of Sergeant will
progress to rank Step 11 provided he has completed one (1) year
on PA Step 10. The effective date of progress to Step 11 will be
the first of the month following the passing of the examination.
16.3 A Sergeant will progress to PA Step 15 by annual increments
and will progress to rank Step 16 after fifteen (15) years service.
All Sergeants must proceed through the full incremental stage
before being eligible for PA Step 16.
16.4 The qualification for the Long Service Rank Step for constables
will be passing parts one and two of the promotion system.
17. LEAVE AND TERMINAL PAYMENTS
17.1 Sick Leave
17.1.1 The granting of 63 days of sick leave will be eliminated in favour
of a more compassionate and flexible policy.
17.1.2 The granting of sick leave will be made following the advice of the
Government Medical Officer.
17.1.3 In cases of serious illness, the prognosis of full recovery will
determine the options available to the COP. These options
include extending the sick leave period or convening a Medical
Review Board.
17.1.4 Annual leave will no longer be applied to absence caused by
certified sickness.
POLICE (CONDITIONS OF SERVICE) ORDER 2002
26 1989 Revision
17.1.5 If a member is unable to attend work due to sickness, he will be
permitted four (4) non-certified sick days in any calendar year.
Members will be allowed to use two (2) consecutive non-certified
sick days but on the third day of sickness a certificate for all sick
leave must be produced.
17.1.6 Periods of sick leave shall be included in computing the period of
service in respect of which leave is due. Sick leave shall not be
granted outside Bermuda without the authority of the
Commissioner of Police.
17.1.7 No member may return to duty before the expiration of sick or
maternity leave without certification by their personal physician
or the Government Medical Officer.
17.2 Compassionate leave
17.2.1 The COP may grant compassionate leave not exceeding 30 days.
17.2.2 Such leave shall be with pay and will apply to circumstances
related to the immediate family to include the member's spouse,
significant other, children, mother, father, brother, sister, and
grandparents.
17.3 Bereavement Leave
Upon receipt of a request, leave of absence of up to three (3) days
will be granted for local funerals and up to five (5) days for
overseas funerals shall be granted by the Commissioner of Police
in the case of death of a grandparent, parent, foster parent,
spouse, brother, sister, child, parent-in-law, and any other
person who at the time of death is a blood relation. Such leave
will not affect the member’s annual leave entitlement.
17.4 Family Related Emergency Leave
17.4.1 It has been agreed that family related emergency leave with pay
shall be granted to a maximum of 48 hours or six days per year,
with a minimum of 4 hours for each incident.
17.4.2 Such leave is to assist in medical, dental or related treatment or
care for spouse, children and dependant family including where
there is urgent domestic distress.
17.4.3 Divisional Commanders may grant such family related
emergency leave and will maintain a record, which will be
submitted monthly to the Manager of Finance and
Administration.
17.4.4 In addition, the COP may grant additional family related
emergency leave at his discretion under special circumstances.
17.5 Maternity Leave
POLICE (CONDITIONS OF SERVICE) ORDER 2002
1989 Revision 27
17.5.1 Pregnant members shall, on application to the Commissioner of
Police, be granted twelve (12) weeks maternity leave, provided
that
(a) the officer presents to the Commissioner of Police at least
three (3) months before the expected date of delivery, a
certificate from a medical practitioner showing the expected
date of delivery;
(b) the member has completed at least twelve (12) months
continuous service at the date the baby is born;
(c) the member is obliged to return to duty for a period of at
least three (3) months following the completion of her
maternity leave;
(d) maternity leave will be deemed to commence on the date of
delivery or sooner if the member voluntarily elects to finish
work prior to the date of delivery;
(e) if the member is absent from work owing to illness prior to
the commencement of maternity leave, this leave will be
treated as sick leave within the member's annual sick leave
entitlement;
(f) a pregnant woman may work up to the date of delivery
unless the attending physician advises otherwise, in which
case leave prior to the date of delivery will be considered as
sick leave entitlement;
(g) public holidays occurring during the period of maternity
leave shall not reckon against entitlement to paid maternity
leave;
(h) when returning to work from maternity leave the member
must present a medical certificate from a registered medical
practitioner stating that she is fit to return to work;
(i) paid maternity leave in full or in part, upon presentation of
a medical certificate, in the event of a member having a
stillbirth shall be at the discretion of the Commissioner of
Police;
(j) in the event that a pregnant member miscarries after the
Commissioner of Police has been notified of the pregnancy;
this will be considered as sick leave;
(k) if the member, for any reason, elects not to return to work
for at least three (3) months after maternity leave, or only
works a portion of the compulsory three (3) months, then
the Commissioner of Police will consider the circumstances
of the case and shall exercise his discretion and determine
whether the member concerned shall refund any or all
moneys paid. Decisions made in this regard by the
Commissioner of Police will not be considered to have the
effect of setting a precedent;
POLICE (CONDITIONS OF SERVICE) ORDER 2002
28 1989 Revision
(l) annual leave entitlement may be added to the maternity
leave entitlement with the approval of the Commissioner of
Police;
(m) further periods of unpaid leave may be granted at the
discretion of the Commissioner of Police upon application
explaining the circumstances that exist concerning either
the mother or child and supported by a medical certificate.
Decisions made in this regard by the Commissioner of
Police will not be considered to have the effect of setting a
precedent.
17.6 Paternity Leave
17.6.1 After a child is born, where the father is a member involved in a
recognized relationship he will be permitted paternity leave up to
seven consecutive days with pay including scheduled rest days
to care for the mother and the infant.
17.6.2 This leave will not require the production of a medical certificate.
However, the member must inform the Commissioner of Police
by way of an A45, of the expected date of delivery at least two
months prior to the date of commencing the paternity leave.
17.7 Special Leave With Pay
17.7.1 At the discretion of the COP and dependent on the exigencies of
the Service, any police officer may be granted special leave with
full pay for the purpose of taking part in international meetings
of recognised philanthropic organisations, or in sporting events
of international significance, or those in which Bermuda is
represented.
17.7.2 Such leave shall not exceed the number of days required for the
actual event and for travelling to and from the place arranged for
the event.
17.8 Pre-Retirement Leave
17.8.1 The following pre-retirement leave policy came into effect on 1
January 1966. This is in addition to any accumulated annual
leave
Less than 10 years completed service NIL
10 -14 years completed service 4 weeks
15 -19 years completed service 6 weeks
20 -24 years completed service 8 weeks
25 -29 years completed service 10 weeks
30 years or over completed service 12 weeks
POLICE (CONDITIONS OF SERVICE) ORDER 2002
1989 Revision 29
17.8.2 All such leave must be applied for and taken before the date of
retirement.
17.9 Annual Leave
17.9.1 Annual leave will no longer be tied to the date of engagement but
will be tied to the fiscal year (1st April to 31st March).
17.9.2 Annual leave can be taken on a half-shift basis, and the number
of times should be unlimited with a minimum of half of a shift.
17.9.3 If a member produces a sick certificate for a period of illness
whilst on annual leave, then the member shall be credited the
amount of such certified sick days towards their Annual Leave
record.
17.9.4 Members will be allowed to ‘carry over’ 12 days annual leave per
year up to a maximum of 36 days.
17.9.5 Members who carry over more than 36 days in any three-year
period shall forfeit the excess days.
17.9.6 Those members who, prior to this agreement, have more than 36
days of accumulated annual leave will be grand-fathered.
Managers and supervisors will encourage those individuals who
fall within this category to meet the requirements of this policy.
17.10 Cancellation of Annual Leave
17.10.1 When annual leave, whether local or foreign, is cancelled,
reimbursement of documented expenses relating to the
cancellation of the annual leave for the member will be paid for
the immediate family, to include the member, and the member's
spouse, children and dependants.
17.10.2 Flexibility and discretion must be exercised by Divisional
Commanders to enable the member to re-schedule annual leave
as soon as possible and practicable.
17.10.3 Any member recalled from annual leave (local or overseas) to
attend to police business shall be credited with three days for
each of the first two days of recall and two days for each of the
remaining days.
17.10.4 If a member has been recalled from local leave, for the first day
of the recall, he will have the option of claiming overtime at the
appropriate rest day rate or choosing to claim as per paragraph
17.10.3.
17.11 Leave Scales
POLICE (CONDITIONS OF SERVICE) ORDER 2002
30 1989 Revision
17.11.1 Annual leave entitlements will be based on time served rather
than rank, it excludes rest days and public holidays and the
framework will be as follows:
Up to 10 years - 24 days
10 - 15 years - 26 days
15 - 20 years - 27 days
20 - 25 years - 28 days
25 years and over - 29 days
17.11.2 This framework will apply to all ranks represented by the BPA
and any officer currently receiving higher levels of leave will
continue at that level.
18. CAREER BREAK
18.1 Introduction
18.1.1 A career break can be offered for professional or personal
development purposes or for domestic considerations.
18.1.2 "Career break" is defined as an extended absence from work
without pay, for a minimum of six months up to and including a
maximum of two years, which guarantees that a member can
return to work for the Bermuda Police Service within certain
conditions.
18.1.3 A person on career break will remain a “member” of the service
for all purposes, including being subject to the Police Act and the
SSI’s of the Service.
18.1.4 Members wishing to take a career break must be prepared to
support their request with the following information
(a) length of career break being requested;
(b) the intended purpose of the career break;
(c) the benefit that will accrue to the Service by providing the
member with a career break.
18.1.5 The Service will agree to a career break subject to, and
dependent upon, the current and projected human resources
circumstances prevailing at the time of the member's application
for a career break.
18.1.6 Due to the emergent circumstances in the Bermuda Police
Service, and a rapidly changing operational environment, the
maximum career break that can be considered is for two years.
Career breaks in excess of this would jeopardize members' ability
to qualify for re-entry into the Service.
POLICE (CONDITIONS OF SERVICE) ORDER 2002
1989 Revision 31
18.2 Career Break Rules and Regulations
18.2.1 The applicant will agree to the following
(a) in return for a career break the member will guarantee to
return to employment with the Service and to remain in
employment with the Service for at least two years from the
date of re-entry;
(b) the member will, upon completion of the career break,
return to duty at the same grade and rank as that held at
the beginning of the career break;
(c) the member may be required on re-entry to the Service to
immediately undertake training to certification levels
required in the Service at the time of re-entry;
(d) all seniority will be suspended from the date of the
beginning of the career break until the day of returning to
duty;
(e) the employer’s contributions payments to pension and
other supplementary benefits will be suspended during the
period of the career break;
(f) the member will enter into a contract in writing that will be
signed by the applicant at the commencement of the career
break period;
(g) during the period of a career break, members will not
qualify for promotion, pension or salary and pay
increments. No allowances will be payable during the period
of the career break;
(h) no pension payments will be made by the employer on
behalf of the employee during the period of the career
break. The member will pay the existing Sun Life Group
Insurance Plan costs at his own expense during the period
of the career break;
(i) three (3) months prior to the expected date of return the
officer must contact the Commissioner to arrange notice of
return date and to arrange a posting;
(j) members on career break wishing to return to work earlier
than the agreed date in their contract will normally be
expected to give three (3) months notice. However, if this is
likely to cause undue hardship, consideration will be given
to arranging an immediate return to work;
(k) members using their career break for educational or other
developmental purposes and having a holiday period, may
request a suspension of the career break in order to work in
the Service during holidays. The Commissioner of Police will
consider such requests in the light of existing human
resource requirements at the time of request;
POLICE (CONDITIONS OF SERVICE) ORDER 2002
32 1989 Revision
18.3 Eligibility
18.3.1 All members, from Constable to Chief Inspector inclusive are
eligible to apply for a career break, provided that
(a) no member under probation in any rank is eligible for a
career break while in the probationary period;
(b) overseas police officers on three-year non-renewable
contracts are not eligible for a career break;
(c) in the case of a Bermudian police officer, he must have
completed at least three (3) years of continuous service;
(d) in the case of a non-Bermudian police officer, he will be
eligible for a career break if deemed to be permanently
employed and pensionable;
(e) the member applying for a career break is not under
discipline or pending disciplinary proceedings at the time of
the application for the career break;
(f) the member has attained a minimum performance
appraisal rating of “satisfactory” in the last two rating
periods.
(g) the application for the career break must be submitted
through the member’s Divisional Commander, who must
indicate support or non-support of the application.
18.4 Applications
18.4.1 Applications detailing the reasons for the career break and its
proposed duration are to be submitted on a career break
application form.
18.4.2 The career break application form will be submitted to the
responsible Divisional Officer not less than three months prior to
the requested date of commencement of the career break.
18.4.3 Divisional Commanders will interview applicants for career
breaks and will add their personal recommendations with
respect to the application prior to forwarding applications to the
Human Resource Manager. Divisional Commanders will satisfy
themselves that the member is committed to returning to the
Service upon completion of the career break and that the stated
rationale for the career break is valid and reliable.
18.4.4 The Human Resource Manager will forward all applications,
along with pertinent support materials, to the Commissioner of
Police for consideration and approval.
18.4.5 Such pertinent support materials will include the member’s sick
record, outstanding complaints, details of court dates, and any
POLICE (CONDITIONS OF SERVICE) ORDER 2002
1989 Revision 33
other information, which may assist in determining the merit of
the application.
18.4.6 The Commissioner may approve career breaks up to two years
duration by exercising delegated powers as approved by His
Excellency, the Governor.
18.4.7 Applicants who are approved will be notified as soon as possible
after their application has been processed. Those requiring or
wishing an early notification of approval will submit their
applications in such timely manner as to support an earlier
decision of their eligibility.
18.4.8 If the application is denied, the applicant will be provided with
the reason for the refusal of the career break.
18.5 Termination of Career Break
18.5.1 Applicants can terminate the career break at any time. The
request to do so will be submitted to the Human Resource
Manager.
18.5.2 The Service can suspend or terminate a career break at any time
for emergency operational needs of the Service, but must provide
a minimum of three months notice to the member on career
break. Every effort will be made not to suspend a career break
contract once it has been approved.
19. PENSIONS
Police pensions shall be awarded in accordance with legislation
governing the award of pensions to public servants.
20. PROMOTION
20.1 Promotions are made on merit. There are opportunities for
members of the right calibre to be advanced eventually to the
higher (gazetted) ranks.
20.2 The Commissioner of Police will seek the input of the Bermuda
Police Association when any changes to the promotion process
policy for the ranks of Chief Inspector and below is under
consideration.
20.3 The Commissioner of Police will permit a Bermuda Police
Association “observer” position at the interview stage of the
promotion process for the ranks of Chief Inspector and below.
21. POLICE RECREATION CLUB
All members shall join the Police Recreation Club and shall
renew their membership annually.
22. POLICE ASSOCIATION WORK
POLICE (CONDITIONS OF SERVICE) ORDER 2002
34 1989 Revision
22.1 Administrative Work
22.1.1 Subject to the approval of the COP, the BPA will be allowed to
designate a member of the Executive Committee to carry out the
administrative responsibilities of the BPA on a full time basis
where the exigencies of the Service permit.
22.1.2 In addition, subject to the approval of the COP, members of the
BPA will be allowed service time to carry out administrative
duties associated with BPA work.
22.2 Training
22.2.1 Subject to the approval of the COP, delegations of the BPA will be
permitted to attend training courses, seminars and conferences
locally or overseas, that are relevant to the nature of the BPA’s
representation. Such leave will be given as service leave.
23. HUMAN RESOURCE ADMINISTRATION
23.1 Personal Files
Members will be allowed, on a request to the Career Development
Officer, to see all of their personal files. Any issues or matters
that are contained in their files that the member wishes to
contend can be addressed at this time.
23.2 Personal File System
A complete review of the BPS Records Management System as it
relates to personnel files will be carried out. Included in the
review will be the design of a form to capture all key data on
Police Officers’ postings, training, transfers, marital status,
education, skills etc. This form will be used to assist
management in succession planning and other human resource
processes.
23.3 Performance Log
23.3.1 A performance log form has been developed to document positive
and negative performance. The document is designed, as a tool
to provide feedback between the supervisor and the subordinate
in regards to performance issues.
23.3.2 The document will be prepared in triplicate; the Divisional
Commander will retain the original, and copies will be provided
for the supervisor and the subordinate.
23.3.3 The document must be presented to the subordinate as soon as
practicable after the incident that gave rise to the positive or
negative report.
POLICE (CONDITIONS OF SERVICE) ORDER 2002
1989 Revision 35
23.3.4 In the case of a negative report, the subordinate should be given
the opportunity through training, coaching and counselling to
improve or remedy the deficiency or deficiencies.
23.3.5 The performance log may be used at appraisal time but no
negative report will be used unless it can be demonstrated that
the incident that gave rise to the negative behaviour has not
been corrected. Positive incidents may be reported on
appraisals.
23.4 Succession Planning Form
The BPS will introduce a succession planning form, as well as
policies and procedures to be used when Department or Unit
vacancies occur.
23.5 Career Development Interviews
23.5.1 The Career Development Officer will conduct career development
interviews. These will be held at least once every three years or
more often, as circumstances dictate. They will also be held
immediately prior to a transfer or on being promoted.
23.5.2 All persons leaving the BPS will be afforded an exit interview with
the Career Development Officer.
23.6 Child Care Services
A bi-partisan committee (BPA/BPS) shall be established to
determine the need for and the feasibility of establishing or
providing a childcare service for the Bermuda Police Service.
23.7 Pre-Retirement Workshops
The Bermuda Police Service will arrange for seminars on
“retirement” for members and will publish in General Orders the
dates and times of pre-retirement workshops. Members will be
invited to make application to attend the workshops. The
workshops will be held at least twice during any calendar year.
23.8 Long Service Award
23.8.1 A long service award will be implemented. The framework for
this award will be as follows:
Service Award
$
6 years 600
POLICE (CONDITIONS OF SERVICE) ORDER 2002
36 1989 Revision
12 years 1,200
18 years 1,800
24 years 2,400
30 years 3,000
(i) The awards will be granted once a year.
(ii) The first awards were granted in calendar year 2000.
(iii) Eligible candidates must have attained the exact required
years of uninterrupted service, in accordance with the
foregoing framework, in the immediately preceding calendar
year (for example, calendar year 2001 would be the
attainment year for awards granted in calendar year 2002).
To receive the award, the eligible candidates must be in
service by the time the award is actually given.
(iv) For the first year of the awards only (Calendar year 2000
awards) those candidates who are otherwise eligible but
who have achieved in excess of 30 years of service, will be
eligible for the 30-year award.
(v) Awards will not be cumulative. If a person is eligible for a
30-year award, he will receive only the dollar award for that
category, not the sum of the dollar awards of all categories.
(vi) The existing framework will be subject to review every five
years. The next review will occur in calendar year 2004.
(vii) If a merit award scheme is implemented, the long-service
award scheme will be terminated.
23.8.2 The awards should be given in a manner and setting which will
promote recognition and appreciation of the eligible candidates.
The awards should be made to the eligible candidates within the
first six months of the relevant award year.
23.8.3 The anniversary date upon which a member joined the Service
will be used to calculate the award.
23.8.4 For the purposes of this award, Cadet service will be recognised
from the time a member begins making superannuation
payments and is a full member of the pension programme.
23.9 Attendance Record
The Bermuda Police will recognise perfect attendance at work
with a certificate, publication of names in General Orders and
other internal publications, and an awards ceremony to be held
on an annual basis. Perfect attendance will not be prejudiced by
absence due to a member sustaining injury due to an on-duty
accident or incident.
23.10 Payment for Poor Working Conditions
POLICE (CONDITIONS OF SERVICE) ORDER 2002
1989 Revision 37
The Bermuda Police Service and the Bermuda Police Association
entered into an agreement to co-operatively review the physical
conditions of the estate of the BPS with the assistance of the
Bermuda Department of Health.
23.11 Late Payment of Overtime/Salaries
A Letter of Understanding was established between the BPS and
the BPA to overcome administrative problems experienced in
paying overtime and salary claims on time.
23.12 Shift Schedules
The Bermuda Police Service is pursuing a strategic plan for
future operations and organisation that includes new policing
strategies, as well as more effective manpower deployment. A
manpower deployment review will include new approaches to
shift scheduling, which will have an effect in the future on many
items in the COSO, including hours of work, shift premiums,
ARD’s and the like.
24. HARASSMENT POLICY
24.1 The Bermuda Police Service is committed to creating a work
environment in which all individuals are treated with dignity and
respect. Each employee has the right to work in an environment
that is free from harassment and intimidation. Harassment in
the workplace is a form of discrimination and will not be
tolerated.
24.2 The COP and the BPA agreed that a review of the current
Harassment Policy is required and that the Policy will be
developed at the earliest possible opportunity. A new feature,
which will be included in any revision to the current Harassment
Policy, is that a training or education component will be included
prior to considering disciplinary action against the alleged
offender.
25. THE GRIEVANCE POLICY
25.1 The Objective of the Grievance Policy
25.1.1 The objective of the Grievance Policy of the Bermuda Police
Service is to allow an avenue of redress for those members of the
Service feeling aggrieved by any decision, act or omission
undertaken during the administration of the affairs of the
Service, and for which no other process for redress is provided or
has proven successful.
POLICE (CONDITIONS OF SERVICE) ORDER 2002
38 1989 Revision
25.1.2 Any member of the BPS is entitled to present a grievance in
writing, on the proper grievance form, at each of the levels
identified in the grievance process, and will be assured that their
grievance will be processed and dealt with expeditiously.
25.1.3 The purpose of a grievance process is to improve
communications between employees in the Bermuda Police
Service with respect to problems that may arise in the workplace.
25.1.4 The process for the handling of grievances in the Bermuda Police
Service is based on the twin concepts of prevention and early
intervention. The policy, and its procedures, includes several
provisions to allow for early and continuing discussions of
problems in order to resolve disputes at the lowest level of the
organisation and as informally as possible.
25.1.5 Informal approaches are ones in which employees are
encouraged to talk to each other about problems and differences
before they turn into disputes, or into grounds for the
submission of a formal grievance. Direct, early and informal
face-to-face discussions between the parties are recommended
as the first and principal method of dispute resolution.
25.2 Problem-Solving Before Applying for the Grievance Process
25.2.1 At any stage in the following process, the member may request
the assistance of the Bermuda Police Association or another
member. A representative may be assigned to assist the member
during any or all steps in the process.
25.2.2 When in the normal course of operations and administration of
the BPS a problem with respect to an employment-related matter
should arise; it should be presented to the supervisor of the unit
or department to which the member belongs. This could be
administrative (e.g. an overtime claim) or an operational matter.
The matter to be discussed should initially be presented verbally
by the member and dealt with verbally by the supervisor.
25.2.3 If the supervisor is involved in the problem or dispute, the
member who is aggrieved may then go to the next higher
supervisor, a representative of the BPA, or to the Human
Resources Manager (HRM).
25.2.4 If the supervisor understands the issue that exists, and that it is
between two or more people, he may personally decide to bring
them together to begin a face-to-face discussion in an attempt to
resolve the problem or dispute.
25.2.5 If the supervisor does not feel capable of dealing with the issue,
or the persons involved, he may ask for the assistance of a
representative of the BPA, or the HRM.
POLICE (CONDITIONS OF SERVICE) ORDER 2002
1989 Revision 39
25.2.6 In the event the supervisor is unable or unwilling to resolve the
problem or dispute at the face-to-face level, the aggrieved
member is then entitled to submit a complaint, in writing, to the
aggrieved member’s Divisional Commander or Department Head.
It shall then be dealt with expeditiously, and in a manner in
keeping with the intent of the process identified above i.e. the
informal route prior to initiating the grievance process.
25.2.7 The Divisional Commander or Department Head, after reviewing
the written complaint in detail, shall provide the member who
initiated the complaint with a written response providing
resolution of the complaint, or a reason why the complaint
cannot be resolved at that time. This will be done within seven
(7) days of receiving the written complaint.
25.2.8 If, at the end of seven (7) days after the submission of the written
complaint to the Divisional Commander or Department Head, a
written response to the matter has not been provided, the
aggrieved member shall submit a grievance on a grievance form
to the HRM.
25.2.9 Where a written response is provided, the aggrieved member will
review the written response of the Divisional Commander or
Department Head, and may request an interview for verbal
explanation of the decision. If at the end of this interview, the
aggrieved member still remains convinced of the grounds for the
complaint, he may request the assistance of the BPA. See
paragraph 25.2.1.
25.2.10 The aggrieved member has seven (7) days from receipt of the
written response of the Divisional Commander or OIC of the
Department in which to submit a formal grievance on a
grievance form.
25.2.11 The aggrieved member may also wish to consider using the
Alternative Dispute Resolution process as a means of resolving
the dispute or problem prior to invoking the formal grievance
process.
25.3 Alternative Dispute Resolution (ADR)
25.3.1 The ADR process allows for a mutually agreed-upon third party
to assist in the process of identifying problems and solutions.
25.3.2 The ADR process is designed to bring people face-to-face to
resolve issues at the lowest possible level. The ADR process
promotes an informal approach in which employees are
encouraged to talk to each other face to face about problems as
the best way of dealing with disputes.
POLICE (CONDITIONS OF SERVICE) ORDER 2002
40 1989 Revision
25.3.3 The simplicity and speed with which the ADR process can be put
in place to solve workplace problems is also expected to bring
some degree of relief to the more extended and formal grievance
and discipline mechanisms in the Service, thereby improving
morale in the workplace.
25.3.4 It is expected that the process will be broad and flexible, allowing
every issue brought forward to be examined for appropriate,
suitable and even innovative solutions that can be made
agreeable and acceptable to both parties.
25.3.5 While lessons learned in the ADR process may eventually lead to
modification of the language of the labour contract, it is not
expected that the ADR process will be used directly to solve
problems that are based on more complex interpretations of the
rights and responsibilities implicit in the labour contract.
25.4 Access to the ADR Process
25.4.1 Upon receiving a completed grievance form, the HRM will
interview the employee to determine if the employee understands
the ADR process and wishes to use it to solve the current
problem. The employee may wish to have a representative of the
BPA present for assistance during this interview. The HRM will
also interview the other party to the dispute in order to
determine if both parties are willing to enter into an ADR.
25.4.2 If both parties agree to an ADR, the HRM will then bring the two
parties together through the use of a third party or “mediator”,
who is acceptable to both parties, who will then carry out the
ADR. Whether done by a third party or the HRM, the ADR
process must be completed within seven (7) days from the receipt
of the grievance form in the HRM’s office.
25.5 Conclusion to the ADR
25.5.1 After seven days, if the problem can be resolved to the agreement
of both parties through the use of a third party intervention,
then the resolution will be brought to the attention of the HRM
for documentation and declaration through administrative
channels.
25.5.2 If there is resolution as a result of the ADR process, the
employee will withdraw the grievance in writing at this time.
25.5.3 If the problem cannot be suitably and appropriately resolved
using ADR, the HRM will automatically begin the next step of the
grievance process by requesting the aggrieved person submit a
formal grievance on the prescribed form if not already done. The
HRM will also recommend to the D/COP that a Grievance
POLICE (CONDITIONS OF SERVICE) ORDER 2002
1989 Revision 41
Advisory Board be set up to deal with the grievance within seven
(7) days of the conclusion of the ADR process.
25.6 The Grievance Process
25.6.1 The grievance process allows for the formal presentation and
recording of documentation and argumentation related to the
grievance of an employee of the Service.
25.6.2 It should begin with the written response of the Divisional
Commander or the Department Head. It will end when all of the
levels included in the process have been exhausted or when the
aggrieved member no longer wishes any further action.
25.6.3 The intention of the grievance process is to ensure due process of
law in hearing the grievance and dealing with it in a manner that
will achieve the most suitable resolution to the issue for both the
Service and the member, in a timely manner.
25.7 What is a Grievance?
Any member of the BPS may submit a grievance (or documented
complaint) with respect to any employment-related matter on the
basis of
(a) error of process, policy or procedure;
(b) error of fact;
(c) perceived bias or prejudice, or both.
25.8 Who Can File a Grievance?
25.8.1 Any member of the Service who is aggrieved by any decision, act
or omission in the administration of the affairs of the Service in
respect of which no other process for redress is provided can file
a grievance.
25.8.2 The aggrieved person must present the grievance in writing at
each of the levels, up to and including the final level in the
grievance process provided by this policy.
25.9 Administration of a Grievance
25.9.1 The HRM will ensure that grievance forms are available to all
Divisional Commanders and to the BPA. The HRM will record,
report, advise and supervise the administration of a grievance
from its initiation until its conclusion.
25.9.2 The HRM may assist in solving problems or disputes in the
Service, but will not make decisions with respect to grievances in
the course of the formal grievance process.
25.9.3 All “days” referred to in the grievance process are “calendar”
days and include weekends and public holidays.
POLICE (CONDITIONS OF SERVICE) ORDER 2002
42 1989 Revision
25.10 Submitting a Grievance
25.10.1 A grievance will be submitted on a prescribed grievance form and
sent to the Human Resources Manager within the prescribed
time. The Form will ensure a clear statement of the
circumstances of the grievance and the reason why the member
is aggrieved and the resolution he is seeking.
25.10.2 The aggrieved member may wish to request the assistance of the
BPA at any time in the grievance process, but especially, in
preparing and submitting the grievance form.
25.10.3 Any member presenting a grievance shall be granted access to
such written or documentary information under the control of
the Service and relevant to the grievance as the member
reasonably requires to properly present his grievance.
25.10.4 Where more than one employee is entitled to present a grievance,
that grievance may be presented in respect of more than one of
the employees, if they signify their concurrence in the grievance
by signing it.
25.10.5 No employee shall be disciplined or otherwise penalised in
relation to employment or any term of employment in the Service
for exercising the right under this policy to present a grievance.
25.10.6 As soon as possible after the presentation and consideration of a
grievance at any level in the grievance process, the person
constituting the level shall render a decision in writing as to the
disposition of the grievance, including reasons for the decision.
The person constituting the level will also serve the aggrieved
person with a copy of the decision.
25.10.7 A grievance may be withdrawn at any time by submitting a
request to do so in writing to the HRM.
25.11 The Grievance Advisory Board
25.11.1 A Grievance Advisory Board (GAB) is a panel made up of
representatives from Management and the BPA who will review
the merits of a grievance submitted in accordance with the
policy.
25.11.2 A GAB shall consist of three members. One member will be
identified by the HRM, one will be recommended by the BPA, and
one member recommended by the D/COP. The member
recommended by the D/COP will be an officer in the rank of
Chief Inspector or higher, and will chair the GAB.
25.11.3 Where a GAB is convened, the aggrieved member presenting the
grievance shall be notified in writing of the names of the
members of the GAB.
POLICE (CONDITIONS OF SERVICE) ORDER 2002
1989 Revision 43
25.11.4 Within three (3) days after receiving the notification referred to in
25.11.3, the aggrieved member presenting the grievance may
submit in writing to the HRM an objection to the appointment of
any member of the GAB, stating the reasons for the objection.
25.11.5 The HRM may dispose of an objection within three (3) days by
(a) dismissing the objection, giving reasons for so doing, and
confirming the appointment of the member whose
appointment to the GAB was the subject of the objection;
or
(b) allowing the objection and appointing another member in
substitution for the member whose appointment to the
GAB was the subject of the objection.
25.11.6 All three members of the GAB must be present for all hearings of
the GAB. If all three members are not able to be present, the
GAB will be postponed and the chairperson of the GAB will notify
the HRM in writing of the reason for the postponement. The
HRM will advise the aggrieved of the postponement and its
reason. Only in exceptional cases will the GAB be postponed.
25.11.7 A GAB will hold hearings with respect to the grievance no later
than seven (7) days after all parties have agreed to members of
the Board. Hearings will be held “in camera”. It is expected that
normally only one day will be required to hear a grievance.
25.11.8 Only written submissions will be accepted by the GAB.
25.11.9 After completing its hearings, the GAB has a further seven (7)
days for deliberation of the matter, and the submission to the
HRM of a written report on the GAB’s findings, conclusions and
recommendations.
25.12 Decisions of the GAB
25.12.1 A GAB may consider such matters as are necessary to enable it
to make its findings and recommendations with respect to the
grievance, including any correspondence related to the subject
grievance.
25.12.2 A GAB shall be limited to a consideration of
(a) any error of process, policies or procedures;
(b) any error of fact;
(c) perceived bias or prejudice, or both.
25.12.3 Upon receiving the written decision of the GAB, the aggrieved
member having presented the grievance may choose to withdraw
the grievance by giving notice in writing to that effect.
POLICE (CONDITIONS OF SERVICE) ORDER 2002
44 1989 Revision
25.12.4 In the event the aggrieved member disagrees with the
recommendations of the GAB and he wishes to pursue the
grievance further, then the HRM must be notified in writing,
within seven (7) days of receiving the written decision of the
GAB. The aggrieved person should identify the reasons for the
objections to the conclusions and recommendations of the GAB.
25.13 Grievance Procedure - Level I
25.13.1 Upon receiving the written request from the aggrieved to
continue the grievance procedure, the HRM shall forward the
request, and all documentation related to the grievance to the
Level I adjudicator (D/COP) for his review and adjudication.
25.13.2 The D/COP may call any member of the GAB, or any party that
he feels may assist him to clarify issues in his review of the
grievance.
25.13.3 The D/COP has seven (7) days in which to review the grievance
and the GAB Report. At the end of this period he will render in
writing, his decision with respect to the grievance, providing
copies of his decision to the HRM who will ensure that the
aggrieved member and the BPA receive copies.
25.13.4 After receiving the written decision and reviewing the
adjudication of the D/COP, the aggrieved member has seven (7)
days in which to make a written appeal to the Level II
adjudicator (COP) against the decision made by the Level I
adjudicator (D/COP). The appeal will also include the reason
why the aggrieved person is appealing the Level I decision.
25.14 Grievance Procedure - Level II
25.14.1 The written appeal, and the record of the grievance, including
the GAB Report, is then passed to the COP who will review the
grievance.
25.14.2 The COP has seven (7) days in which to determine any errors in
the process or to decide if there are grounds to disagree with the
decisions rendered to that date. The COP will provide his final
decision with respect to the grievance in writing to the HRM, who
will provide it to the aggrieved person and the BPA.
25.15 Grievance Procedure - Level III
25.15.1 In the event that either the person filing the grievance or the BPA
is still dissatisfied with the conclusions of the Grievance
Procedure Level II, one more level is possible under certain
conditions.
POLICE (CONDITIONS OF SERVICE) ORDER 2002
1989 Revision 45
25.15.2 The last level may be utilised in those unresolved problems
respecting matters relating to this Order. Such matters shall be
referred in writing to the Permanent Police Tribunal for
resolution. Only the BPA shall make such a request.
25.15.3 An appeal to Level III will be requested within seven (7) days after
written notice of the grievance decision of the COP (Level II).
25.15.4 The Permanent Police Tribunal constitutes the final level in the
grievance process. The Tribunal’s decision in respect of any
grievance is final and binding and is not subject to appeal to or
review by any court, except in accordance with the Constitution
of Bermuda.
25.15.5 The Permanent Police Tribunal is not bound to act on any
findings or recommendations set out in a report with respect to a
grievance, but if the Tribunal does not so act, the Tribunal shall
include in the decision on the disposition of the grievance, the
reasons for not acting.
25.15.6 If new information comes to light which was not part of the
initial submission or part of a subsequent appeal to Levels I and
II, the Permanent Police Tribunal will provide the Commissioner
of Police the opportunity to consider the new information in light
of the decision rendered.
25.15.7 The Tribunal may rescind or amend the Commissioner’s decision
in respect of a grievance under this policy on the presentation to
the Commissioner of new facts, or where, with respect to the
finding of any fact or the interpretation of any law, the Tribunal
determines that an error was made in reaching the decision.
25.16 Grievance Procedure - Time Limits
Initiating Incident Responsibility Time
1. Member receives
D/Comdr.'s letter
Mbr. submits Grievance
Form within
7 days
2. ADR agreed by both
parties
HRM interviews both parties 7 days
3. ADR held and
unsuccessful
HRM 7 days
(From Grievance Form submission to end of ADR process - two (2) weeks)
4. HRM recommends GAB, gets approval, notifies
members and convenes -
7 days
POLICE (CONDITIONS OF SERVICE) ORDER 2002
46 1989 Revision
GAB members
declared
Member's written
disagreement
3 days
GAB members
resolved
HRM 3 days
5. GAB hearing GAB Chairperson 7 days
GAB Report GAB Chairperson 7 days
Member consideration of GAB
Report
7 days
(From Grievance Form submission to end of GAB process-
approximately one (1) month)
6. Level I Review and
Report
D/COP 7 days
Member consideration of
Level I Report
7 days
7. Level II Review and
Report
COP 7 days
Member & BPA consideration of Level II Report -
BPA request Level III
7 days
(From Grievance Form submission to end of Level I and Level II
process - approximately one (1) month)
8. Level III Review and
Report
Police Tribunal Indeter-
minate
26. SUPPLEMENTARY
The memorandum of understanding and letters of undertaking
set out in Annex IV, V and VI shall have effect.
POLICE (CONDITIONS OF SERVICE) ORDER 2002
1989 Revision 47
ANNEX I
Guidelines for the employment of Temporary Police Officers (TPO’s)
in the Bermuda Police Service
Definition
A Temporary Police Officer is a trained Bermudian, or non-Bermudian
spouse of a Bermudian, former officer hired under specific terms and
conditions under a fixed contract of not less than three weeks and not
more than four months.
Intent
The intent of this policy is for Temporary Officers to assist in non-
operational areas during times when the Service is not at full strength.
This gives the Commissioner the ability to deploy permanent staff to
meet the core policing needs of the Service. Limited terms and conditions
will apply generally consistent with Government regulations for the
hiring of temporary employees. This procedure is distinct from the re-
enlistment policy for full-time police officers.
1. Criteria to be met by BPS and Applicant
1.1 Funds must be available and a Position Identification Number
free to be issued by the Personnel Services Department based on
vacancies for Police Officers. This programme will be within the approved
annual budget.
1.2 The applicant will be a Bermudian, or non-Bermudian spouse of
a Bermudian, former Police Officer confirmed as a Constable before
leaving the Bermuda Police Service.
1.3 The applicant has received good or better (grade 4 or higher)
ratings on the last two appraisals while employed by the Bermuda Police
Service and Senior Management supports his employment.
1.4 The applicant will rejoin on Step One for a Constable or PA4. No
combined allowance will be paid.
1.5 The applicant is of good character and has current security
clearance.
1.6 Postings will be at the discretion of the Commissioner of Police.
Depending on the nature of the duty to be assigned, ASP and handcuff
certification may be required.
1.7 The applicant understands that the opportunity for temporary
employment as a Police Constable is not a right, but a management
POLICE (CONDITIONS OF SERVICE) ORDER 2002
48 1989 Revision
option based on the exigencies of the Service and the suitability of the
applicant.
1.8 The applicant must have been confirmed in post as a Constable
and have worked in the Service on a permanent or temporary basis
within the past five years before current appointment.
1.9 The applicant will be required to produce a certificate of medical
and dental fitness provided at his own expense by a private physician
and dentist prior to engagement as a Temporary Police Officer.
1.10 Applicants must take the Police Physical Fitness test and if a
pass is not recorded, commit in their own time to attending the Police
Circuit Training Programme, or equivalent, until a pass is recorded.
1.11 Applications for the post of Temporary Police Officer will be
submitted in writing to the Commissioner via the Human Resource
Manager.
1.12 The selection of candidates will be based on the merit principle
using the criteria outlined in paragraphs 1.1 to 1.11 inclusive and in
accordance with the exigencies of the Service.
2. The following terms and conditions will be agreed by all TPOs.
I am pleased to inform you that the Commissioner of Police has
approved your appointment as a Temporary Police Officer in the
Bermuda Police Service with effect from _____ to _______. You are
formally offered this appointment subject to the following terms and
conditions of service.
2.1 Grade and Salary
The grade for the appointment is at Step One for a Constable or PA4,
currently $ ______ per month. This salary will include any increases,
which are negotiated between the Bermuda Police Association and the
Bermuda Government. Your salary will be paid in arrears at the end of
each week upon receipt of confirmation of your attendance. Payment will
not be made for sick days.
2.2 Hours of Work
You will be required to work according to the normal hours of duty of
police officers in the Bermuda Police Service, which are subject to such
shifts and rotations, as directed by the Commissioner of Police, so that
they shall equal 160 hours during a 28-day cycle.
2.3 Assignment
POLICE (CONDITIONS OF SERVICE) ORDER 2002
1989 Revision 49
You will be assigned to non-operational policing areas such as static
points, station duties and will not become involved in any potential court
cases.
2.4 Uniforms and Equipment
You will be provided with a uniform that must be returned cleaned and
boxed to the Head Storeman on completion of your assignment. All
equipment must be returned to Head of Department on completion of
assignment.
2.5 Period of Assignment
Your period of assignment will be not less than three weeks and not
more than four months.
2.6 Swearing In
You will be sworn in by the Commissioner of Police and issued a warrant
card, which will be returned upon completion of assignment.
2.7 Leave
You will not be entitled to leave during your period of temporary
employment. However, you will be paid for all public holidays.
2.8 Pension
You are not permitted to contribute to the Public Service Superannuation
Scheme and your service during this period is not pensionable.
2.9 Health Insurance
As a Bermuda Government temporary employee you will be provided
with basic Government Employees Health Insurance (GEHI) Scheme
cover unless you provide written proof that you are insured elsewhere.
Temporary Police Officers will not be provided with coverage other than
emergency dental treatment.
2.10 Social Insurance
In accordance with the provisions of the Contributory Pensions Act 1970,
as a person employed in Bermuda you will be required to pay social
insurance contributions at current weekly rates. The Bermuda
Government will match your contributions.
2.11 Performance Appraisal
A performance appraisal will be completed at the completion of the
employment period.
POLICE (CONDITIONS OF SERVICE) ORDER 2002
50 1989 Revision
2.12 Payroll Tax
In accordance with the provisions of Bermuda tax legislation you will be
required, as a person employed in Bermuda, to pay a payroll tax at the
current percentage of your gross salary.
2.13 Bermuda Police Association (BPA) Membership
You will be a member of the BPA for the period of engagement. Section 3
of the Police Association Regulations will apply.
2.14 Resignation and Discharge
If you wish to break your fixed term contract, you will be required to give
two weeks’ notice. You may be discharged at any time by the
Commissioner if you are unable to carry out your duties to a satisfactory
level of competence. One week’s notice will be given except in the case of
gross misconduct, where no notice is required.
2.15 Please sign below your agreement to the terms and conditions of
service as outlined above.
I, ___________________________ , agree to the terms and conditions of
service contained as outlined above.
_____________________________
(Signature of Applicant)
_________________
(Date)
ANNEX II
MEMORANDUM OF UNDERSTANDING
TRIAL OF NEW SHIFT SCHEDULE
This Memorandum of Understanding replaces the previous MOU signed
with respect to this matter on March 31st, 1999.
POLICE (CONDITIONS OF SERVICE) ORDER 2002
1989 Revision 51
This Memorandum of Understanding is an agreement between the
Commissioner of Police and the Bermuda Police Association with respect
to the Trial of a new schedule of work, which was introduced in the
Eastern Division in April 1999.
This Memorandum of Understanding agrees that the Trial in Eastern
Division will continue until August 17th, 2000.
The Trial will continue to be supervised by the Eastern Division Shift
Schedule Steering Committee.
Adjustments will be made to the Trial so that the night shift will use the
correct Gregorian calendar to determine the start time of the night shift.
This change will be consistent with the Collective Agreement.
It is agreed that all provisions of the Conditions of Service Order and the
1997-1999 Collective Agreement with respect to “Hours of Work” and
“Leave” will be as defined below for the remaining period of the Shift
Schedule Trial. Members of Eastern Division involved in the Trial will
not make overtime claims under current COSO provisions for hours of
work in excess of “normal” hours for the Trial as set out below whilst this
MOU is in effect.
The shift system of 160 hours worked over a 28-day cycle, as identified
in the COSO, has been changed in the Trial to 160 hours worked in a
25-day cycle. This has been accomplished by increasing the length of
hours worked on the day and late shift to ten hours, and the night shift
to eight hours and thirty-five minutes.
Operational circumstances are allowed to determine the amount of
overlap of shifts, as required.
Overtime rates - as per Order 14, except that overtime rates will apply to
hours worked in excess of ten (10) hours and eight and one half (8 !)
hours for the shifts identified for the Trial.
Leave Days - Leave Days will be calculated on an hourly basis during the
period of the Trial.
During the period of the Trial, where a public holiday falls on a member’s
rest day, the member will be credited with eight (8) hours to his overtime
record.
The members of the Eastern Division who will take part in the Trial are
the Watches, the Parishes, the CID Unit and the SDOs.
POLICE (CONDITIONS OF SERVICE) ORDER 2002
52 1989 Revision
ANNEX III
SALARIES
Rank Minimum Step 1 By Step 2 By Step 3
Cadet A 23,908.36 24,745.15 25,611.23
PA 1-3 M 1,992.36 2,062.10 2,134.27
H 11.49 11.90 12.31
Constable A 39,760.94 41,371.26 43,046.79 44,790.19
PA 4-11 M 3,313.41 3,447.60 3,587.23 3,732.52
H 19.12 19.89 20.70 21.53
Sergeant A 53,656.35 55,534.32 57,478.02 59,489.75
PA 12-16 M 4,471.36 4,627.86 4,789.84 4,957.48
H 25.80 26.70 27.63 28.60
Inspector A 63,263.64 65,477.87 67,769.59
PA 17-19 M 5,271.97 5,456.49 5,647.47
H 30.42 31.48 32.58
Chief Inspector A 75,901.94 78,558.51 81,308.06
PA 20-22 M 6,325.16 6,546.54 6,775.67
H 36.49 37.77 39.09
Superintendent A 87,938.92 91,054.00 94,289.88
POLICE (CONDITIONS OF SERVICE) ORDER 2002
1989 Revision 53
PA 23-25 M 7,328.33 7,587.83 7,857.49
H 42.28 43.78 45.33
Ass.Comm. A 98,911.11 101,821.56
PA 26-27 M 8,242.59 8,485.13
H 47.55 48.95
Dep.Comm. A 108,769.49
PS 42 M 9,064.12
H 59.76
Commissioner A 124,124.23
PS 45 M 10,343.69
H 68.20
Rank By Step 4 By Step 5 By Step 6 By Step 7
Constable 46,604.19 48,491.66 50,455.57 *51,716.96
PA 4-11 3,883.68 4,040.97 4,204.63 4,309.75
22.41 23.31 24.26 24.86
Sergeant **60,977.00
PA 4-11 5,081.42
29.32
Additions to Salary $
Telephone Allowance 30.00
Plain Clothes Allowance 94.60
Comb. Allow.-Con. 388.37
Comb. Allow.-Sgt. 383.19
Comb. Allow.-
Insp/C/Insp
338.19
Comb. Allow.-Supt. 455.27
Comb. Allow.-A/Cop. 509.10
LONG SERVICE AWARDS
*Constables After 12 Years Service or Success
Passing parts 1 & 2 of Promotion Process and
7 Years Service.
**Sergeants After 15 Years Service, and
Completing Steps 12 - 15
Deductions from Salary Extra Duty Rates
S.M.Q. St. George's 300.00 Constable 33.61
S.M.Q. Somerset 300.00 Sergeant 41.44
S.M.Q. Robins/Clark 350.00 Inspector 47.22
Social Insurance W.E.F. 1/8/00 $22.25 Per
Week
POLICE (CONDITIONS OF SERVICE) ORDER 2002
54 1989 Revision
Superannuation - 5% of Gross Salary Only
Payroll Tax - 4.75% of Salary Including Overtime
POLICE (CONDITIONS OF SERVICE) ORDER 2002
1989 Revision 55
ANNEX IV
MEMORANDUM OF UNDERSTANDING
SECONDMENT OF OVERSEAS RECRUITS
In February, 2000, the Honourable Paula Cox, Minister of
Labour, Home Affairs and Public Safety, announced agreement from
Cabinet to allow the Bermuda Police Service to temporarily meet
emergency manpower requirements through recruitment of a number of
overseas police officers within special conditions.
Police Officers recruited from overseas were to be engaged on
fixed term, non renewable, secondment contracts of up to three years
duration. They were also required to have a minimum of five years
operational experience.
The current COSO refers to a contract period of five years in its
definition of a period of engagement for overseas officers.
By this Memorandum of Understanding, the Commissioner of
Police and the Bermuda Police Association agree that five year minimum
contract period referred to in the current COSO is changed for those
overseas officers engaged on non-renewable secondments to an "up to
three year" contract period.
This Memorandum of Understanding will remain valid and in
effect until 31 December, 2003.
Michael Jackman, Chairman Jean-Jacques Lemay
Bermuda Police Association Commissioner of Police
Date: Date:
POLICE (CONDITIONS OF SERVICE) ORDER 2002
56 1989 Revision
ANNEX V
LETTER OF UNDERTAKING
Late Payment of Remuneration
During the course of negotiations for the 1999-2001 contract, hardships
suffered by members of the Bermuda Police Association, due to
remuneration payments not being made when they were expected, were
discussed. The Bermuda Police Service intends to introduce a policy
covering remuneration, with the objective of ensuring that claims are
handled in an efficient and consistent manner, and payments are made
on time.
This policy will include the following
(a) Changes in the overtime cycle so that claims are made from the 16th
of one month to the 15th of the following month, with payment the
month after.
(b) Deadlines for overtime claims to be made, authorized, submitted to
Finance Department and forwarded to the Accountant General's
office.
(c) Procedures for Managers to be notified of overtime hours and any
adjustments to remuneration, before the Accountant General's
deadlines. This should enable any queries to be rectified in time for
that month's payment.
(d) Provision for the exceptional circumstances whereby the Police
Service makes an error. This provision to include a statement that
the Police Service will do everything they reasonably can to enable
the member to obtain relief.
Michael Jackman, Chairman Jean-Jacques Lemay
Bermuda Police Association Commissioner of Police
POLICE (CONDITIONS OF SERVICE) ORDER 2002
1989 Revision 57
ANNEX VI
LETTER OF UNDERTAKING
Sergeant Michael Jackman, Chairman
The Bermuda Police Association
Dear Sergeant Jackman;
During the negotiations of the 1999 - 2001 contract, the question of the
exact meaning of the phrase "appropriate authority", as used in Section
9 of the Police Act and in Section 3, sub-section E and F of the COSO,
was raised as an item for discussion by the BPA.
As a result of our discussions on this matter, a request was forwarded to
the Attorney General's Office, requesting a clear definition of who is an
"appropriate authority", as mentioned in Section 9 of The Police Act.
Pursuant to our discussions of the Negotiations Meeting of 06 April,
2000, I have indicated to your Committee that a full review of the
Discipline Procedures has been ordered. Sergeant Minors has been
appointed as the BPA representative. Until the review is completed and
appropriate changes to Discipline Procedures have been drafted for
inclusion in the Police Act, I do not intend to avail myself as
Commissioner of Police of the provisions of Section 9 of the Police Act for
discipline matters. I will however, retain the right to utilize the
provisions of Section 9 of the Police Act for other matters, such as
discharge on medical grounds.
Commissioner
Made this 15 day of May, 2002
Governor
