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HomeMy WebLinkAbout12951 ORD - 12/31/1975• vp:12/29/75:1at • AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION, THE TERMS, CONDITIONS AND PURPOSES BEING MORE FULLY SET FORTE IN THE SAID CONTRACT, A SUBSTANTIAL COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be and he is hereby authorized to execute a contract with the Corpus Christi Police Officers' Association, the terms, conditions and purposes being more fully set forth in the said contract, a substantial copy of which contract is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. The necessity to authorize execution of the aforesaid contract at the earliest practicable date creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared such emergency and necessity to exist, and having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED , this the day of December, 1975. ATTEST: i ecretary MAYO THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: O� DAY OF DECEMBER, 1975: City Attorney 1.2951 THE STATE OF TEXAS X COUNTY OF NUECES X A G R E E M E N T ARTICLE I - PREAMBLE Pursuant to the mutual agreement of the parties, this agreement has been entered into by the City of Corpus Christi, hereinafter referred to as the "City "; and the Corpus Christi Police Officers' Association, hereafter referred to as the "Association ", on The purpose of this agreement is the promotion of harmonious relations between the City and the Association; the establishment of equitable and peaceful procedures for the resolution of differences; and the establishment of compensation and other conditions of employment. ARTICLE II - DEFINITIONS 1. "CLty" means the City of Corpus Christi. 2. "Association" means the Corpus Christi Police Officers' Association. 3. "Executive Board" means those members of the Association duly elected or selected as officers of that organization. 4. "Employee" means any sworn police officer of the City with the exception of the Chief of Police. 5. "Members" means any employee who is on the membership list of and pays dues to the Association. 6. "Supervisor" means any officer with the rank of Lieutenant or above, or any officer, when assigned supervisory duties by ranking officers having authority to make such assignments. 7. "Grievance" means any and all disputes arising under the Grievance Procedure in Article VII. 8. "Strike" means, whether done in concert or individually, a failure to report for duty, the willful absence from one's position, the stoppage of work, or the abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment (including but not limited to "slowdowns ", "sickouts ", and the intentional failure to make arrests), for the purpose of inducing, influencing or coercing a change in the conditions, compensation, rights, privileges, or obligations of employment. 9. "Commission" means the Civil Service Commission of the City of Corpus Christi. 10. "Chief" means the Chief of Police of the City of Corpus Christi. 11. "City Manager" means the City Manager of the City of Corpus Christi. 12. "Emergency" means any situation which jeopardizes the public health, safety or welfare, and requires alteration of schedules, work hours, shifts and /or personnel assignments, said emergency to be determined by the Chief. ARTICLE III - ASSOCIATION RIGHTS A. Association Recognition and Scope of Unit. The City hereby recognizes the Association as the sole and exclusive collective bargaining agent for the unit consisting of all Patrolmen, Sergeants, Lieutenants, Captains, Commanders, and Assistant Chiefs. B. Payroll Deduction of Dues. 1. The Association shall supply the City with all necessary papers and information for payroll deduction of dues and assessments. Such dues and assessments will be established by the Executive Board in Accordance with the by -laws of the Association. 2. The City agrees to deduct dues upon receipt from-the Association of a "Dues Deduction" card voluntarily and individually authorized, signed and dated by each member of the Association. This authoriza- tion shall remain in full force and effect for the term of this Agreement or until terminated by the employee. Such "Dues Deduction" card is found in Appendix "A" and is incorporated by reference into this Agreement. The City shall begin such deductions on the follow- ing pay period after receipt of the "Dues Deduction" card. 3. The City agrees to deduct special assessment: upon receipt from the Association of a "Special Assessment Deduction" card voluntarily and individually authorized, signed and dated by each member of the Association. The card will state the specific special assessment, reason for the special assessment, and the amount to be deducted. Such "Special Assessment Deduction" card is found in Appendix "B" and is incorporated by reference into this Agreement. The City shall deduct such special assessment on the following pay period after receipt of the "Special Assessment Deduction" card. - 2 - 4. At any time a member of the Association desires to withdraw his membership, he may voluntarily and individually do so. Such action will be initiated through a "Termination of,Dues Deduction" card voluntarily and individually signed by the member of the Association and furnished to the City. Such "Termination of Dues Deduction" card is found in Appendix "C" and is incorporated by reference into this Agreement. The City shall terminate deduction of such dues on the following pay period after receipt of the "Termination of Dues Deduction" card. 5. The City will be obligated to remit to the Association only those sums deducted as dues and assessments from the Association member's paycheck and will not be liable for damages to the Association, any individual employee, or other persons for failure to deduct any authorized sum for any reason. C. Time off for Association Business. 1. Subject to prior notification to the Chief or the next highest ranking officer, the Executive Board, or its designees, shall have the right to visit the premises of the Police Department for purposes of administering this Agreement. The visits shall be con- ducted in a manner and at a time as not to interfere with the functions of the department and approved by the Chief. Such approval shall not be unreasonably withheld. 2. Time off with pay will be allowed for three me are of the Association on those days negotiations are in session to participate in the collective bargaining process. 3. Members of the Executive Board may receive time off, without loss of pay, to attend regularly scheduled association meetings, and Executive Board meetings. The Chief may, at his discretion, grant said time off, subject to scheduling and ma over contingencies that may arise. D. Bulletin Boards. The Association may provide and maintain a bulletin board in the police station at its own expense. The bulletin board shall be consistent in design and standards to other bulletin boards in the police station. The Association shall use the bulletin board for posting of routine announcements of meetings, Association business, recreational functions and legislative - 3 - enactments and judicial decisions. The use of the bulletin board for the posting of partisan political material; and editorial comments and viewpoints of employees in any manner which would be in opposition to existing policy and working conditions shall not be allowed. Any material on the bulletin board which the City alleges to be in violation of this Agreement shall be promptly removed by the Association. The matter will then be immediately referred to Step "4" of the grievance procedure for resolution. ARTICLE IV - MANAGEMENT RIGHTS A. The Association recognizes that the City has statutory and charter rights and obligations in contracting for matters relating to municipal operations. The right of contracting or subcontracting is vested in the City. B. The City shall have the authority to consolidate the operations of two or more departments, and to reorganize the operations within the department, or departments, and the right to lay off employees of the department. C. The City shall have exclusive authority to transfer any governmental operations now conducted by it to another unit of government. Upon such transfer, all agreements are terminated, including this agreement as pertaining to personnel of the department affected by the transfer. D. The City and the Chief shall retain all rights and authority to which by law they are entitled. E. It is understood by the parties that every duty connected with operations enumerated in job descriptions is not always specifically described, and it is intended that all such duties shall be performed by the employee. F. The City shall reserve the right to use security personnel which include, but are not limited to, such job classifications incorporated within the Compensation and Classification Plan as Safety Security Officer, Jailor, Police Matron, Lifeguard, School Crossing Guard, and Maintenance Security Man, which require training in law enforcement, safety and security duties, firefighting skills, emergency medical treatment, water safety, and other similar related skills. Such job classifications, as well as similar job classifications adopted in the future which would include public safety personnel for Padre Island, are not subject to the terms of this agreement. G. The City reserves the right to use civilians in the Police Department to perform duties which do not require a commissioned officer or the power of arrest. The scope of such duties include, but are not limited -4- to, communications, information system, records, community services, clerical support, maintenance, school safety crossing, and jail operations. Civilians performing such duties are not subject to the terms of this agreement. H. The City reserves the right to use personnel from the Police Department and the Fire Department interchangeably during natural disasters and civil disorders. I. The Chief shall have the exclusive right to: 1. Establish departmental rules and procedure•; 2. Discipline or discharge for cause; 3. Determine work and overtime schedules in a manner most advantageous to the City; 4. Establish methods and processes by which work is performed; and 5. Transfer employees within the department in a manner most advantageous to the City. J. All promotions to the classifications of Assistant Chief or Police Commander shall be exempt from competitive examinations, and instead shall be made by appointment by the Chief. The appointment shall be within the discretion of the Chief provided that the Chief shall promote the employees in the salary classification immediately below that for which appointment is being made. Employees appointed to the positions of Assistant Chief or Police Commander under the provisions set out herein may be demoted from said position at the discretion of the Chief. An employee so demoted shall s have no right to file a grievance or to appeal the demotion, and the Commission shall have no jurisdiction, power, or authority to investigate or review such demotion or to alter the terms of such demotion. Upon demotion from such an appointed classification, an employee shall resume the competitive classification from which he was appointed and his salary shall be in accordance with said competitive classification with service time credited as continuous time in that competitive classification and with all salary increases to which he would have been automatically entitled had he continuously remained in said competitive classification. R. Employees promoted to the rank of Sergeant, Lieutenant, or Captain may be demoted at the discretion of the Chief, without appeal to the - 5 - Commission at any time during the twelve -month period subsequent to being so promoted. Said demotion shall not be subject to the grievance procedure in this contract. L. The Chief shall have the power to suspend any employee covered by this Agreement for disciplinary purposes, as follows: 1. For periods not to exceed thirty (30) working days, which suspension may be appealed by the employee to the Commission in accordance with the appeal procedures set out in the Rules and Regulations of the Commission. 2. For periods not to exceed ninety (90) working days when voluntarily accepted in writing by the employee. The employee shall have no right-to appeal such an accepted suspension, nor shall the Commission have any jurisdiction, power, or authority to investigate or review such a suspension or to alter the terms of such suspension. M. Probationary employees may be discharged at the discretion of the Chief, without appeal to the - Commission, at any time during the twelve -month period subsequent to being commissioned as a police officer. N. Sergeants and Patrolmen may be freely utilized interchangeably in positions presently staffed by either classification in the various divisions. The current number of Sergeant positions shall not be reduced or deleted from the budget except in those conditions wherein the number of Patrolman positions is also reduced. 0. Except as provided in this agreement, the City retains the right to operate and manage its affairs in all respects. ARTICLE V - ASSOCIATION DUTIES A. Prohibited Practices. Neither the Association nor any employee shall engage in any of the following practices: 1. Restrain or coerce any employee in the exercise of any rights granted under this agreement; 2. Cause or attempt to cause an employee to discriminate against another employee because of the employee's membership or non - membership in any employee organization, or attempt to cause the City to violate any rights of the employee. 3. Discriminate against any employee because he has signed or filed an affidavit, petition or complaint, or given any information or testimony - 6 - alleging violations of this agreement; 4. Discriminate against any employee covered by this agreement because of race, sex, creed, color, age, national origin, affiliation, association or non - association; or discriminate in the application of interpretation of the provisions of this agreement. 5. Discriminate against any employee who has filed a grievance pursuant to Article VII of this agreement; 6. Initiate, authorize, aid, or participate in any strike, picketing, or distribution of handbills or leaflets, whether such strike, picketing, or distribution relates to the employee's employment or the employment of any other person by the City or any other employer; or refuse to cross any picket line by whomever established where such refusal would interfere with or impede the performance of the employee's duties as an employee of the City. B. The parties hereto agree that all negotiations will be conducted exclusively between the designated bargaining representatives of the City and the Association. Neither party will make any effort to bypass the spokesman of the other party during the period of negotiations for amendments to this agreement unless an impasse exists as defined under the "Fire and Police Employee Relations Act ", Article 5154c of Vernon's Annotated Civil Statutes. C. Any changes in wages, hours, terms and conditions of employment and other benefits granted by the Texas State Legislature affecting employees after the effective date of this agreement shall not alter the terms of this agreement during the life of said agreement. ARTICLE VI - MANAGEMENT DUTIES TO THE ASSOCIATION A. The City shall provide the following materials to every employee; 1. A copy of rules and regulations of the department, and 2. A copy of this agreement. B. The City shall not engage in the following practices: 1. Interfere with, restrain, or coerce employees in the exercise of rights granted in this agreement; 2. Dominate, interfere, or assist in the formation, existence or administration of any employee organization; or contribute financial support to any such organization; 3. Encourage or discourage membership in any employee organization - 7 - 0 0 by discrimination in hiring, tenure, training, or other terms or conditions of employment; 4. Discharge or discriminate against any employee because he has filed any affidavit, grievance, or complaint; or given any information or testimony alleging violations of this agreement; or because he has formed, joined or chosen to be represented by any employee organization; 5. Discriminate against any employee or employee group because of religion, sex, creed, color, age, national origin, association or non - association or affiliation in an organized employee group or discriminate in the application or interpretation of the provisions of this agreement. ARTICLE VII - GRIEVANCE PROCEDURE A. Scope of Grievance Procedure. The purpose of this Grievance Procedure is to establish effective machinery for the fair, expeditious and orderly adjustment of grievances. _. Only matters involving the interpretation, application, or enforcement of the terms of this agreement, shall constitute a grievance under the provisions of this grievance procedure. S. Association Representation. A grievance may be brought under this procedure by one, or more, aggrieved employee, with or without an Association representative. C. Time Limitations. The aggrieved employee or employees shall bring the grievance to his immediate supervisor at Step 'T', below within fifteen (15) days of its occurrence; or if at the time the employee is unaware of the grievance, within fifteen (15) days of his knowledge of its occurrence. The time limits prescribed herein may be waived by mutual agreement, in writing, by the aggrieved employee, or the Association in a class grievance; and the appropriate management representative at each step. D. Steps. Step 1. The aggrieved employee shall meet with his immediate supervisor within the prescribed time limits, and orally discuss the grievance. The immediate supervisor shall make a decision and orally communicate this decision to the aggrieved employee within ten (10) working days from the initial presentation of the grievance. Every effort shall be made by the employee and the immediate supervisor to resolve the - 8 - grievance at this level. Step 2. If the grievance is not resolved at Step 1, the aggrieved employee shall submit a written grievance to his immediate supervisor within ten (10) working days following the supervisor's oral response. The written grievance at this step and at all steps thereafter, shall contain the following information: (1) a statement of the grievance and the facts upon which it is based; (2) the alleged violation of the agreement; (3) the remedy or adjustment sought; and (4) the signature of the aggrieved employee. The immediate supervisor shall respond in writing to this grievance within ten (10) working days of its receipt. The written response at this step, and management responses at all steps thereafter, shall contain the following information: (1) an affirmation or denial of the facts upon which the grievance is based; .(2) an analysis of the alleged violation of the agreement; (3) the remedy or adjustment, if any, to be made; (4) the signature of the appropriate management representative. Step 3. If the grievance is not resolved at Step 2, the aggrieved employee shall submit a written grievance to his intermediate supervisor within ten (10) working days following receipt of the immediate supervisor's written response. The intermediate super- visor shall respond in writing to this grievance within ten (10) working days of its receipt. Step 4. If the grievance is not resolved at Step 3, the aggrieved employee shall submit a written grievance to the Chief within ten (10) working days following the intermediate supervisor's written response. The Chief shall respond in writing to this grievance within ten (10) working days of its receipt. Step 5. If the grievance is not resolved at Step 4, the aggrieved employee shall submit a written grievance to the City Manager within ten (10) working days following the Chief's written response. The City Manager shall respond in writing to this grievance within ten (10) working days of its receipt. The requirement in Steps 2 through 5 for written grievances and responses shall not preclude the aggrieved employee and the appropriate management.representa- tive from orally discussing and resolving the grievance. - 9 - • • Step 6. If the grievance has not been resolved at Step 5, the aggrieved employee may request that the grievance be submitted to arbitration. Submission of the grievance to arbitration shall be voluntary on the part of both parties. The decision of the arbitrator shall be binding on both parties. If arbitration is mutually elected, within ten (10) working days the aggrieved employee and the City shall agree upon an arbitrator. If the parties fail to agree, a list of seven (7) qualified neutrals shall be requested from the American Arbitration Association (AAA). Within five (5) working days after receipt of the list, the aggrieved employee and the City shall alternately strike the names on the list, and the remaining name shall be the arbitrator. The hearing on the grievance shall be informal and the rules of evidence shall not apply. The arbitrator shall not have the power to add to, subtract from or- modify, the provisions of this agreement in arriving at a decision on the issue or issues presented; and shall confine his decision solely to the interpretation, application, or enforcement of this agreement. The arbitrator shall confine himself to the precise issue submitted for arbitration, and shall have no authority to determine any other issues not so submitted to him. The decision of the arbitrator shall be final and binding upon the aggrieved employee and the City. The City and the aggrieved employee shall share equally the fees and expenses of the arbitrator. Where the Association repre- sents the aggrieved employee at Step 6, it shall share equally the arbitration fees and expenses with the City.. If arbitration is not mutually elected, the employee may, with approval from the Association, appeal the decision of the City Manager, resulting from Step 5, to a District Court of the State of Texas. In the event that the Court rules in favor of the employee, the employee shall not be entitled to recover any damages which could reasonably have been mitigated by the employee. The final judicial decision by whatever court is the last court resorted to by either party shall be final and binding on both parties. - 10 - ARTICLE VIII - EMPLOYEE ECONOMIC BENEFITS A. Workweek. The workweek shall consist of forty (40) hours. The normal workday shall begin fifteen (15) minutes prior to the beginning of the eight -hour shift. A meal break may be taken during the eight -hour shift schedule in compliance with the rules and regulations of the department. B. Overtime. Overtime shall be defined as authorized work performed in excess of the regular workweek. All employees, excluding those serving at the rank of Police Commander or Assistant Police Chief, may elect to be compensated for overtime either in cash at the rate of time and one -half (1 -1/2) the employee's regular rate of pay, or in compensatory time equal to one and one -half (1 -1/2) times the actual hours of overtime worked. Scheduling of compensatory time shall be at the discretion of the Chief. Compensatory time may be accrued on an unlimited basis. In the event of separation in good standing, the City shall pay accrued compensatory time not to exceed thirty (30) days at the employee's regular rate of pay. (effective August 1, 1976) Unless ordered by the Chief to work during an emergency, Assistant Chiefs and Commanders shall be excluded from receiving overtime cash payments. C. Court Time and Call Back. 1. Employees, while off duty, who are called back to duty or subpoenaed to give testimony in court about events arising out of their employment shall be compensated at the rate of time and one -half (1 -1/2) the employee's regular rate of pay with a minimum compensation of two (2) hours. 2. Employees who are subpoenaed while on vacation to give testimony about events arising out of their employment shall be compensated during the first eight hours of testimony for the employee's vacation time in that workweek as well as compensated for actual hours worked at the rate of time and one -half (1 -1/2) the employee's regular pay with a minimum compensation of two hours. Compensation for subsequent court testimony after the initial eight hours shall be at the rate of the employee's regular pay. - 11 - 3. Employees who are called back to duty while on vacation shall be compensated for the employee's vacation time in that workweek as well as compensated for actual hours worked at the rate of the employee's regular pay with a minimum compensation of two hours, except that where an emergency exists, the employee's vacation may be cancelled by the Chief, whereupon said employee shall be paid at his regular rate of pay. This provision excludes personnel with the rank of Commander and Assistant Chief. D. Educational Incentive Pay. 1. Employees shall be eligible for educational incentive pay at the monthly rate of $0.60 per month for each academic semester hour satisfactorily completed provided that such hours are applicable toward a degree in Police Science. Approved hours must include the core curriculum in Law Enforcement. In no event will more than $42 per month be paid without successful completion of the require -? meats and the receipt of the Associate in Applied Science Degree or Police Science; if the employee is attending a four -year college, he may meet this requirement by filing a copy of his certified degree plan with the Director of Personnel, noting his expressed intent to obtain a Bachelor's Degree in Police Science. All approved hours above the Associate Degree in Police Science will be eligible for educational pay at this rate.up to an additional $20 per month or a combined total of $62 per month. Successful completion of the requirements and receipt of a Bachelor's Degree in Police Science will qualify the employee for a maximum of $74 per month. (effective August 1, 1976) 2. Approved hours above the Bachelor's Degree applicable toward a Master's Degree in Police Science will be eligible for educational incentive pay at the same rate up to an additional $12 per month. Successful completion of the Master's Degree in Police Science will qualify the employee for an additional $6 per month for a maximum combined total of an additional $18 on a Master's Degree. (effective August 1, 1976) 3. No probationary employee will be eligible for educational incentive pay until after he has successfully passed his probationary period. -12 - Specific hours obtained through participation in the Police Academy will be considered applicable toward educational incentive pay only after successful completion of at least one other academic course in the related field on his own time. (effective August 1, 1976) E. Clothing and Equipment. The City shall pay one - hundred percent (100 %) of the cost to provide every uniformed employee with all required initial clothing items and equipment, excluding shoes. The City shall thereafter replace or repair all said required clothing items and equipment which are lost or damaged on the basis of seventy -five percent (752), excluding shoes. The City shall replace all required clothing items and equipment which are lost or damaged in the line of duty, excluding shoes, without coat to the employee. The term. "line of duty" shall not include secondary employment. (effective August 1, 1976) F.. Holidays. 1. Each employee shall receive =the following seven (7) holidays during each fiscal year: (effective August 1, 1976) New Year's Day Thanksgiving Day Memorial Day Christmas Day Fourth of July One Holiday to be determined by the City Labor Day 2. The current practice of adding holidays to vacation time shall be retained. G. Disability Leave. No sick leave shall be charged for injuries sustained in the line of duty. Employee shall be paid disability leave in an amount not to exceed their regular salary as provided by the State law for injuries occurring while in the course of employment. H. Other Leave Time Policies. The City shall maintain all other leave time policies affecting police officers currently in effect, excluding administrative leave for Police Commanders and Assistant Chiefs. I. Administrative Leave. Assistant Chiefs and Commanders may receive administrative leave time for work performed in excess of their regularly scheduled duties. Said leave time may be granted at the discretion of the Chief, subject to - 13 - scheduling and manpower contingencies that may arise. Said administrative leave time shall, in no event, exceed that amount of time that Assistant Chiefs and Commanders have accumulated in excess of their regularly scheduled work. J. Pensions. The City shall modify the current retirement program to include the following improvements: 1. Adopt the new Texas Municipal Retirement System provision providing for one - hundred percent (1007) "updated service credits" and increase by fifty percent (507) all present payments made to present_ Corpus Christi retirees within the retirement system. (effective January 1, 1976) 2. Adopt vesting provisions which will have the effect of lowering vvoluntary retirement eligibility to age fifty (50) and completion of a minimum of twenty -five (25) years of creditable service. Under vesting provisions an employee upon completion of twenty (20) years of creditable service who terminates from the City may, continue to be a member within the TMRS retirement system and shall be eligible for retirement benefits at age 60. (effective January 1, 1977) ARTICLE I% - LEGAL DEFENSE SERVICE A. The City will provide legal defense service, through the City Legal Department, to an employee who is named a defendant in a civil lawsuit, but only under the following conditions and circumstances: 1. Upon written request of the employee authorizing the City to represent the employee and stating that the City, by conducting or participating in the employee's defense, does not assume any obligation or liability not otherwise imposed by law and does not expressly or impliedly waive any immunity of defense which is available to the City in this or any other action brought by any person, including the employee; and 2. Upon determination by the City Manager that at the time of the actions or events from which the suit arose the employee was a. acting in the scope of the employee's employment, b. on duty for the City and being compensated by the City, or was placing himself in the line of duty as a commissioned - 14 - peace officer, as required by the Rules and Regulations of the Police Department, in order to prevent the commission of a felony or to apprehend a person who has committed a felony, c. not in the performance of an act which was illegal or in violation of the Rules and Regulations of the Firemen's and Policemen's Civil Service Commission, and d. not acting negligently; and 3. The employee has done nothing and does nothing to prejudice the defense, promptly tenders to the City Attorney all documents relat- ing to the suit which come into his possession or control, and cooperates fully with his attorney in the discovery of evidence and the preparation of the defense. B. The City Manager's determination regarding the factors enumerated above in paragraph'2 shall be final and not subject to arbitration or appeal. The City will assume the costs of expert witnesses and the costs of discovery which are not taxed as court costs. The City assumes no obligation not otherwise imposed by law for any judgment which is rendered against an employee. ARTICLE % - PERSONNEL PRACTICES A. Notice of Shift Change. The City shall post the monthly shift change schedule at least forty eight (48) hours prior to the beginning of said shift change.. This requirement shall not limit the City's right to reassign employees on short notice to other shifts, based upon scheduling and manpower contingencies that may arise. B. Wearing of Uniform on Off -Duty Security Sobs. An "off -duty security job" shall be defined as off -duty employment, the primary purpose of which is to utilize, or to potentially utilize, the training and police powers of the Corpus Christi police officer. The Chief may, at his discretion, require a police officer working an off -duty security job to wear a police uniform during his first year of employment. After the first year of employment, the Chief may require a police officer working an off -duty security job to wear a police uniform where the circumstances clearly demonstrate that by said officer's failure to wear a uniform, he would present a danger to the public, the - 15 - secondary employer, and the efficiency of the Police Department. The criteria that the Chief shall consider in determining whether or net a danger exists includes: 1. The secondary job assignment, 2. The officer's personnel evaluations and experience, 3. The officer's prior disciplinary record, and 4. The presence or absence of commendations and awards. ARTICLE %I - EMPLOYEE- MANAGEMENT RELATIONS A. Labor Relations Committee. The City and the Association, having recognized that cooperation between ,management and employees is indispensable to the accomplishment of sound and harmonious labor relations, shall jointly maintain and support a labor relations committee. The labor - management committee shall consider, discuss and recommend to the Chief any problems pertaining to the employ- ment conditions of employees. Matters subject to the grievance procedure shall not be appropriate items for consideration by the labor- management committee. The Association.shall designate its representatives from the Association Executive Board. The City shall designate its representatives. The labor - management committee shall meet at the call of either the Association members or the City members at times mutually agreeable to both parties. ARTICLE %II - EXISTING CONDITIONS A. No employee shall be unfavorably affected by the signing of this agreement as to wages, hours, or other conditions of employment that he now enjoys, except as otherwise provided in this Agreement. ARTICLE XIII - NEGOTIATIONS REGARDING SALARY A. No later than June 1, 1976, the City and the Association shall reopen negotiations concerning salary for employees in the bargaining unit, and concerning a salary differential between the top increment of each rank within the bargaining unit, for the fiscal year beginning August 1, 1976. No other subjects shall be considered except by mutual agreement of the parties. ARTICLE XIV - CLOSING CLAUSES A. The effective date of this agreement shall be January 1, 1976, except as otherwise provided herein, and the agreement shall remain in effect until - 16 - midnight p.m. July 31, 1977, and thereafter until superseded by a new agreement. B. The provisions of this contract shall take precedence over all State and local Civil Service provisions which are in conflict herewith, includ- ing, for example and not by way of limitation, any contrary provisions of Articles 1269m, 1269p, 1269q, and 1269x, V.A.C.S.; City Charter of the City of Corpus Christi, Texas; ordinances of the City; Rules and Regulations of the Firemen's and Policemen's Civil Service Commission; and Rules and Orders of the Police Department of the City. C. If any article or section of this agreement should be found invalid, unlawful or unenforceable by reason of any existing or subsequent enacted legislation or by judicial authority, all other articles and sections of this agreement shall remain in full force and effect for the duration of this agreement. CORPUS CHRISTI, TEXAS ��JJrr DAY OF Ii /d ' TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SMALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, _THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, Y THE CIIY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY JASON LusT DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOBGULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GAGE LOZANO, SR. EDWARD L. SAMPLE E: E: