HomeMy WebLinkAbout13883 ORD - 08/10/1977jkh:8- 10 -77; 1st -
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH THE CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION,
--PURSUANT TO COLLECTIVE BARGAINING NEGOTIATIONS, THE
TERMS, CONDITIONS•AND PURPOSES BEING MORE FULLY SET
FORTH IN THE SAID CONTRACT, A SUBSTANTIAL COPY OF
WHICH 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,
„ TEXAS:; ,
SECTION 1. That the City Manager'be and he is hereby authorized
y
` to execute a contract with the.,Corpus Christi Police Officers' Association,
pursuant to collective bargaining negotiations,Rthe terms, conditions and
purposes, being more,fully.set forth inthe said contract, a substantial copy
of which 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`
M, imperative public necessity requiring the suspension of the Charter rule that
no ordinance or resolution shall be passed finally on the date,6f its intro-
duction�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, having requested the suspension of the Charter rule
and that this ordinance take effect and be in full force apd effect from and
,after its passage', IT IS ACCORDINGLY SO ORDAINED this the 107 day of
August, 1977.
ATTEST:
City Secretary MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
AP VED: s -- '--
DAY OF AUGUST, 1977: Fi is ordinance is in effect a,,.
force with or without the
'
J. BRUCE AYCOCK, CITY ATTORNEY si I acccoature of the Mayor,
with Artcl in
IT
.,1 Section 6 of the City Charter .
BY -
Assistant CW Attorney
MICROFILMED
' • � • • • JUL 0 7 1980
13883
2
FINAL
AGREEMENT
BETWEEN
THE CITY OF CORPUS CHRISTI
AND
THE CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION
AUGUST, 1977
N J
i
r
THE STATE OF TEXAS
COUNTY OF NUECES
AGREEMENT
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, here-
after referred to asrthe "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 establish-
ment of compensation and other conditions of employment.
ARTICLE II - DEFINITIONS
1. "City" 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 con-
ditions, 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.
-2-
ARTICLE II - cont'd.
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.
-3-
ARTICLE III - ASSOCIATION RIGHTS
A. Association Recognition and Scope of Unit.
The City hereby recognizes the Association as the sole and exclu-
sive 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 bylaws of the Association.
-2. The City agrees to deduct dues upon receipt from the Associa-
tion of a "Dues Deduction" card voluntarily and individually authorized,
signed and dated by each member of the Association. This authorization
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 following pay period after receipt
of the "Dues Deduction" card. ,
3. The City agrees to deduct special assessments 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.
-4-
1
ARTICLE III - cont-d.
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 or Special Assessment"
card voluntarily and individually signed by the member of the Association
and furnished to the City. Such "Termination of Dues Deduction or Special
Assessment" card is found in Appendix "C" and is incorporated by reference
into this agreement. The City shall terminate deduction of such dues or
special assessments on the following pay period after receipt of the
"Termination of Dues Deduction or Special Assessment 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 indi-
vidual 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
z
this agreement. The visits shall be conducted 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 members of the
Association on those days negotiations are in session to participate in
the collective bargaining process.
-5-
ARTICLE III - cont'd.
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 manpower contingencies that may arise.
4. President of the Union is entitled to time off with pay to
attend one convention held in connection with Union activities, provided
that said time off with pay shall not exceed three (3) regular working
days. Additional expenses for travel, lodging, etc. are not included.
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 announce-
ments of meetings, Association business, recreational functions and legis-
lative 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 exist-
3
ing policy and working conditions shall not be allowed. Any material on
the bulletin board which the City alleges to be in violation of this agree-
ment shall be promptly removed by the Association. The matter will then
be immediately referred to Step "4" of the grievance procedure for reso-
lution.
-6-
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 per=
taining 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
-7-
0
ARTICLE IV - cont'd.
duties, fire fighting 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 Depart-
ment 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 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.
1. 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 advan-
tageous 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
-8-
ARTICLE IV - cont'd.
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
from the permanent 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 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 classifi-
cation and with all salary increases to which he would have been automatic-
ally entitled had he continuously remained in saio competitive classification.
K. Employees promoted to the rank of Sergeant, Lieutenant, or Captain
may be demoted at the discretion of the Chief, without appeal to the
z Commission at any time during the 12 -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 30 working days, which suspension
may be appealed by the employee in accordance with the appeal procedures
set out in this contract.
-9-
F
ARTICLE IV - contd.
2. For periods of 30 or more working days, but not to exceed 90
working days when voluntarily accepted in writing by the employee. The
employee shall have no right to appeal such 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 anytime during the 12 -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 divi-
sions. 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.
P. All appeals from a disciplinary and indefinite suspension shall be
decided by one arbitrator, agreed upon by the City dnd the Association.
}' Except as specifically provided in this contract, the applicable provisions
of Article 1269m, V.C.S. and the Rules and Regulations of the Civil Service
Commission for Firemen and Policemen of the City of Corpus Christi, Texas,
shall govern any suspension of an employee. Provided, however, that no
amendment of its Rules by the Civil Service Commission shall apply which is
in conflict with specific procedures or rules governing suspensions set out
In this contract. Any notice or statement required to be filed by the Chief
of Police or the employee in a suspension proceeding under Article 1269m,
-10-
4
ARTICLE IV - cont'd.
under Commission rules pursuant thereto, or under the provisions of this
contract, shall be filed with the Director of Personnel of the City of
Corpus Christi, Texas. The arbitrator shall have all powers vested in the
Commission under Article 1269m and the Commission rules with respect to
suspensions, except the power to amend such rules.
Upon receiving an appeal from an employee, the Personnel Director
shall act immediately to notify the Association and the Chief of the appeal
to arbitration. If the parties fail to agree upon an arbitrator within 10
days from the date of notification of the Association and the Chief, the
Director shall immediately request a list of names from the American Arbitration
Association (AAA) as provided in this contract under grievance procedures
(Art. VII). Within 5 working days after receipt of the list, the suspended
employee and the City shall alternately strike the names on the list, and
the remaining name shall be the arbitrator. All parties shall act to complete
the selection process at the earliest possible date. The provision governing
arbitration in Article VII of this contract shall apply to suspensions except
as provided in this Article IV, insofar as applicable.
The arbitrator shall hold a hearing and render a decision in writing
'within 30 days after his appointment unless the arbitrator delays the time
scheduled for setting of the hearing due to conflicts in the arbitrator's
schedule.
The rules of procedure governing arbitration hearings shall be as•
set out below. If a procedural question arises which is outside the scope
of these rules, or of this contract, such question shall be determined
according to rules governing arbitration hearings generally, as determined
by the arbitrator.
RULES OF PROCEDURE FOR CONDUCT OF ARBITRATION HEARINGS
The following procedures are hereby established for conduct of suspension
hearings before the arbitrator:
A. The employee shall have the following rights:
1. To exchange with the City Attorney, prior to the hearing, the
names of witnesses to be called, and the nature of their testimony.
2. To require the arbitrator to subpoena witnesses.
3. To be represented by legal counsel.
4. To present evidence, testify and argue the evidence.
5. To confront and cross - examine adverse witnesses (subject to
the reasonable discretion of the arbitrator to admit hearsay evidence).
6. To be found guilty only by a preponderance of the evidence.'
B. Upon application of a party, the arbitrator may order discovery
appropriate to the nature of the case, subject to rules of discovery in
Texas civil cases.
C. Judicial rules of evidence need not be strictly followed.
D. Witnesses may be placed under the rule.
E. All hearings shall be public. Deliberations shall be in public
unless otherwise agreed by the affected parties.
F. Proceedings may be continued or recessed by the arbitrator in the
interest of justice or for the convenience of the parties involved, except
in no event beyond the 30 -day limit for rendering a decision.
G. An arbitrator shall excuse himself from hearing a case in which
the subject matter or circumstances are such as to seriously impede his
ability to render an impartial decision.
-12-
RULES OF PROCEDURE FOR CONDUCT OF ARBITRATION HEARINGS
cont'd.
H. The arbitrator shall render a decision stating which charges it
finds to be true.
I. The conclusion reached by the arbitrator shall be based solely
on evidence adduced at the hearing. The arbitrator shall not communicate
with parties or witnesses relating to the facts or subject matter of the
case without the consent of the employee and the City Attorney.
In addition to disciplinary suspension powers vested in the Police
Chief, Police Commanders shall have the right to suspend for cause,, said
suspensions not to exceed 3 working days without pay. Such suspensions may
be appealed to the Police Chief, and further appeals shall be to an arbi-
tration panel, selected as above described in this paragraph, and not to
the Civil Service Commission. To the extent this paragraph alters any
provisions of Article 1269m, V.A.T.S., 1269m is so altered, and it is so
mutually agreed.
-12a-
d
ARTICLE IV - cont'd.
Q. Upon written request by the Police Chief for a person to fill a
vacancy in any classification below the rank of Commander, the Commission
shall certify to the Police Chief the 3 names having the highest grades to
be filled, and the Police Chief may select any one of the 3 persons so
certified. The Police Chief need not state in writing his reason for
selection or rejection of any of the 3 persons certified by the Commission.
In the event a person rejected desires to appeal the action of the Police
Chief. such appeal shall be to an arbitrator or arbitration panel, selected
as specified above in paragraph P, and there shall be no appeal to the Civil
Service Commission. The person rejected who desires to appeal the'action
.of the Police Chief is charged with the burden of proof of showing that the
rejection was for some reason other than the officer's ability to perform at
the higher rank. The arbitration panel may overturn the decision of the
Chief. The question of rejection on the part of the Police Chief shall be
determined by the arbitration panel or arbitrator, as the case may be. .
To the extent this paragraph alters any provision of Article 1269m, V.A.T.S.,
A
Article 1269m is so altered, and it is mutually so agreed.
R. The Civil Service Commission shall net conduct investigations of
internal affairs within the Police Department. The term "investigations"
means investigations of alleged misconduct of one or more police officers
by the internal investigation unit of the Police Department. It is agreed
that such internal investigations shall be the duty and responsibility of
the Chief of Police. This specific alteration of Article 1269m, V.A.C.S.,
is authorized by Article 5154c -1, V.A.C.S., the Fire and Police Employees
Relations Act.
J
-13-
ARTICLE IV- cont'd.
S. The City and the Association shall develop and agree upon, sometime
during the tenure of this contract, promotional examinations which measure
qualifications based on job knowledge, ability, and job performance as such
measures relate to specific classifications. Promotional examinations shall
not be instituted prior to consultation with the Civil Service Commission.
However, approval of the Civil Service Commission shall not be required.
Such promotional examinations to be developed shall in no way be limited by
applications of Article 1269m, V.A.T.S.
T. Field Training Officer pay as established by the compensation ordi-
nance may be granted in addition to regular pay to all officers for extra-
ordinary, specific duties of training and evaluating recruit officers. Once
established, said field training officer pay shall remain constant during
the tenure of this contract.
z
0
-14-
0
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 nonmembership 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
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 nonassociation; or discriminate in the application of inter-
pretation 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,
z
picketing, or distribution relating 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.
4
ARTICLE V cont'd.
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 amend-
ments 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 requiring the
City to compensate, remunerate or otherwise assist employees after the
effective date of this agreement shall not alter the terms of'this agreement
during the life of said agreement. This provision shall not unfavorably
affect employees as to any changes in wages, hours, terms and conditions of
employment and other benefits granted by the Texas State Legislature re-
quiring the State of Texas to compensate, remunerate or otherwise assist
employees after the effective date of this agreement. Any changes in wages,
hours, terms and conditions of employment and other benefits granted by
the Texas State Legislature requiring the State of Texas to compensate,
z
remunerate or otherwise assist employees shall not be incorporated into
this agreement; nor shall the City be required at any time to pay any share
of said wages, hours, terms and conditions of employment and other benefits.
Any reduction or elimination of wages, hours, terms, and conditions of
employment, and other benefits by the Texas State Legislature that previously
-16-
t
n
ARTICLE V - cont'd.
required the'City to compensate, remunerate or otherwise assist employees
after the effective date of this agreement shall not alter the terms of
this agreement during the life of said agreement.
-1]-
x
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
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 nonassoci-
ation or affiliation in an organized employee group or discriminate in
the application or interpretation of the provisions of this agreement.
-18-
4
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 inter-
pretation, application, or enforcement of the terms of this agreement, shall
constitute a grievance under the provisions of this grievance procedure.
B. Association Representation. A grievance may be brought under this
procedure by one or more aggrieved employees, with or without an Association
representative.
C. .Time Limitations. The aggrieved employee or employees shall bring
the grievance to his immediate supervisor at Step 1, 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
z
supervisor within the prescribed time limits, and orally discuss the griev-
ance. The immediate supervisor shall make a decision and orally communi-
cate this decision to the aggrieved employee within five (5) working days
from the initial presentation of the grievance. Every effort shall be
made by the employee and the immediate supervisor to resolve the grievance
at this level.
-19-
ARTICLE VII - cont'd.
Step 2. If the grievance is not resolved at Step 1, the aggrieved
employee shall submit a written grievance to his immediate supervisor
within five (5) 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'griev-
ance within five (5) working days of its receipt. The written response
at this step, and management responses at all steps thereafter, shall con-
tain 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 five (5) working days following receipt of the immediate supervisor's
written response. The intermediate supervisor shall respond in writing to
this grievance within five (5) 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.
4
-20-
Y-
I
ARTICLE VII - cont'd.
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 fifteen (15) 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 representative from orally discussing and resolving the grievance.
Step 6. If the grievance has not been resolved at Step 5, the
aggrieved employee may request that the grievance be submitted to afbitra-
tion. 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
-21-
ARTICLE VII - cont'd.
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 represents 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.
-22-
n
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 -112) times the actual hours of overtime worked. Schedul-
ing of compensatory time shall be at the discretion of the Chief. Compen-
satory 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.
When ordered by the Chief to work during an emergency or assigned
to some duty not normally attendant to their supervisory and management
responsibility of their job assignment or divisions Commanders shall be
compensated at a rate of time and one -half and may be compensated in cash
3
or compensatory time, for those hours worked over and above the regular
40- hour.workweek.
C. Health Insurance and Life Premiums. The City shall pay the employee
premium on group health insurance and life with employees sharing in that
expense at the rate of $1 per month. The City agrees to improve the present
-23-
i
J
ARTICLE VIII - cont'd.
group health coverage plan in the following respects no later than September 1,
1977: (1) Increase room rate coverage from a maximum of 80% of $50 to 80%
of $70 daily; (2) Pay dependent coverage in the amount of $3.82 per month.
(This amount represents the increased premium for increased room rate coverage
for dependents to 80% of $70).
Rate increases for dependent coverage without any change in hospital-
ization insurance benefits during the contract year shall in no way be con-
sidered to diminish the rights, privileges or working conditions currently
enjoyed by the employee.
D. Ranks and Wa es. Effective August 1, 1977, the basic ranks within
the Police Department, as well as the applicable job classifications and
applicable monthly pay rates shall be as follows:
-24-
PUBLIC SAFETY GROUP SALARY SCHEDULE
August 1, 1977
Police
Class
Code
Class Title
Starting
6
18
30 42
914
Trainee
$ 750
915
Patrol Officer
872
916
962
1,013 1,064
916
Sergeant
1,064
1,117
1,173
918
Lieutenant
1,232
1,294
1,359
*(1,173)
920
Captain
1,427
1,498
1,573
*(1,359)
* Transition rates
Transition Schedule
Class Title
•
Present
6 Months
Sergeant
$1,062
to 1,117
to $1,173
Lieutenant
1,099
to 1,173
to 1,232
1,136
to 1,232
to 1,294
1,179
to 1,294
to 1,359
Captain 1,269 to 1,359 to 1,427
1,317 to 1,427 to 1,498
All Patrol Officers who will be eligible to receive $1,064 per month during the
contract year and are promoted to the rank of Sergeant shall be required to remain
at $1,064 within either the rank of Patrol Officer or Sergeant for a total period
of 6 months before advancing to the next highest step.
All transition rates for the rank of Lieutenant and Captain shall be in force and
in effect until 2 -1 -77. Promotional appointments made to these classifications
after 2 -1 -77 shall be at $1,232 per month for Lieutenant and $1,427 per month for
Captain.
-25-
ARTICLE VIII - cont'd.
E. 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 testi-
mony 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 compen-
sation of two hours. Compensation for subsequent Court testimony after the
initial eight hours shall be at the rate of the employee's regular pay.
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 emp-loyee's regular
4
pay with a minimum compensation of two hours, except that where an emergency
3
exists, the employee's vacation may be cancelled by the Chief, whereupon
said employee shall be paid at his regular rate of pay.
F. Educational Incentive Pay.
- 1. Employees shall be eligible for educational incentive pay at the
monthly rate-of 70¢ per month for each academic semester hour satisfactorily
-26-
i
ARTICLE VIII - cont'd.
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 $49.70 per month be paid without successful
completion of the requirements 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 $34.30 per month or a combined total of $84.00
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 $87.50 per
month.
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 $14.00 per month. Successful com-
pletion of the Master's Degree in Police Science will qualify the employee
for an additional $7.00 per month for a maximum combined total of an addi-
tional $21.00 on a Master's Degree.
3. No probationary employee will be eligible for educational
incentive pay until after he has successfully passed his probationary period.
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.
-27-
i
ARTICLE VIII - cont'd.
G. 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 (75 %), exclud-
ing shoes. The City shall replace all required clothing items and equipment
which are lost or damaged in the line of duty, excluding shoes, without cost
to the employee. The term "line of duty" shall not include secondary employ-
ment. A clothing allowance of $300 shall be paid to all officers whp are
required by order of the Chief to wear civilian clothing during their regular
work assignment. Such payment will be made at the beginning of the contract
year, or when assigned. At such time the police officer's assignment requires
that he return to a police uniform and there is a remaining portion of the
12 -month period, the clothing allowance shall be prorated to the extent
that it will be deducted from a future annual clothing allowance when the
officer is transferred back to a duty assignment where civilian clothes
are required. If the police officer is separated from the service and a
prorated clothing allowance is owed, it shall be deducted'•from his final
paycheck. For each year thereafter the City shall pay up to seventy -five
percent (75 %) of $300 for replacement cost, which will consist of $225 per
year for those persons so authorized.
H. Holidays.
1. Each employee shall receive the following seven (7) holidays
during each fiscal year:
-28-
ARTICLE VIII - cont'd.
New Year's Day Thanksgiving Day
Memorial Day Christmas Day
Fourth of July One Holiday to be determined
Labor Day by the City
2. The current practice of adding holidays to vacation time shall
be retained.
I. Disability Leave. No sick leave shall be charged for injuries sus-
tained in the line of duty. Employees 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.
J. 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 Chief.
K. 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 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.
L. Pensions. The City shall maintain the retirement program in effect
August 1, 1977.
-29-
ARTICLE IX - LEGAL DEFENSE SERVICE
Legal Defense. The City will provide a legal defense to any police
officer in a civil lawsuit, on account of any action taken by such police
officer while acting within the course and scope of the police officer's
employment for the City of Corpus Christi. The City,'by conducting or partic-
ipating 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 or defense which is available to the City. The City need not assume
any obligation not otherwise imposed by law for any judgment which is-rendered
against an employee. The City Manager may in his discretion refuse a legal
defense for an employee where there are indications of intentional 'acts, gross
negligence or recklessness.
1. The police officer shall notify the City of any claim being made
against such police officer not later than thirty (30) days from the date
that such police officer received notice of such claim, and shall request
the City to assume the defense of the police officer regarding such claim.
The City may require that such request be made in writing;,
2. If suit is brought against such police officer, such police
? officer shall immediately forward to the City Attorney every demand, notice,
summons or other process received by him:
3. Such police officer shall cooperate with the City and, upon
the City's request, shall assist in making settlements, and the conduct of
suits, and in enforcing any rights of contribution or indemnity against any
person or organization who may be liable for all or part of such damages,
and shall attend all hearings and trials and assist in securing and giving
evidence and obtaining the attendance of witnesses.
-30-
ARTICLE X - 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 Jobs. 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
secondary employer, and the efficiency of the Police Department. The criteria
that the Chief shall consider in determining whether or not a danger exists
includes:
3 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.
C. Posting of Promotional Examinations. Posting of promotional exami-
nations shall take place no later than sixty (60) days prior to the examina-
tion. A posting of the examination study materials shall be posted simul-
taneously along with all announcements for promotional examinations, or'
earlier.
-31-
i
ARTICLE XI - EMPLOYEE- MANAGEMENT RELATIONS
A. Labor Relations Committee. The City and the Association, having
recognized that cooperation between management and employees is indispens-
able 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 employment conditions of employees. Matters
subject to the grievance procedure shall not be appropriate items for con-
sideration by the labor- management committee. The Association shall
designate its representatives from the Association Executive Board. the
o
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.
B. Contract Administration. During fiscal year 1977 -1978, the City
shall conduct contract administration training and /or orientation for all
supervisors within the bargaining unit. The:,City shall also develop and
implement a standard instruction outlining the procedures and methods by
which supervisors resolve employee grievances. The City and the Association_
may consult on the form and content of both training and the standard
instruction, but the City retains the right to make any and all final
decisions regarding these matters.
C. Internal Investigation Guidelines. In the event that a police
officer is interviewed by a division commander, or internal investigator
regarding conduct which, if proven, may result in a suspension or indefinite
suspension, the following guidelines shall prevail:
-32-
ARTICLE XI - cont'd.
1. The interview of any employee shall be at a reasonable hour,
preferably during on -duty hours, if possible; but not necessarily, depending
upon circumstances. In the event of a dispute of the reasonable hour
determination, the decision of the Chief shall be final.
2. The interview shall take place at a location designated by the
investigating officer, usually at the Headquarters Police Station.
3. The employee shall be informed of the rank, name and command of
the officer in charge of the investigation, as well as the rank, name and
command of the interviewing officer and the identity of all persons' present
during the interview.
4. The employee shall be informed of the nature of the investigation
before any interview commences. Sufficient information to reasonably apprise
the employee of the allegations shall be provided. If it is known that the
employee being interviewed is a witness only, he shall be so informed.
5. The interview shall be completed with reasonable dispatch.
Reasonable respites shall be allowed. Time shall be provided also for personal
necessities, meals, telephone calls, and rest periods as are reasonably
necessary.
6. The member shall not be subjected to any offensive language,
nor shall he be threatened with transfer, dismissal or other disciplinary
punishment. No promise of reward shall be made as an inducement to answer-
ing questions. Nothing herein is to be construed as to prohibit the investi-
gating officer from informing the employee that bis conduct can become the
subject of disciplinary action resulting in disciplinary punishment.
-33-
0
ARTICLE XI - ',It'd.
7. If an employee is under arrest or is likely to be, that is, if
he is a suspect or the target of a criminal investigation, he shall be
accorded all rights pursuant to law to which any citizen would be entitled.
8. At the request of the employee or the interviewing officer,
the complete interview of the employee shall be recorded mechanically or by
a stenographer. There will be no "off the record" questions unless so agreed
by both parties. All recesses called during the questioning shall be noted
In the record. The party requesting mechanical recording or recording' by a
stenographer shall pay all costs of same, unless the parties agree on
division between them. a cost
9. Upon request of the employee's attorney, said attorney shall be
given an exact copy of any written statement the employee executed, or if the
questioning is mechanically or stenographically recorded, the attorney shall
be permitted to record or transcribe from the original recording upon his
request, or to purchase a copy of the original recording.
10. The refusal of an employee to answer questions and submit reports
shall be grounds for disciplinary action. Any answer of the employee may be
used as evidence in any disciplinary action against the employee.
-34-
0
ARTICLE XII - EXISTING CONDITIONS
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.
9
-35-
ARTICLE XIII - CLOSING CLAUSES
A. The effective date of this agreement shall be August 1, 1977,
except as otherwise provided herein, and the agreement shall remain in
effect until midnight p.m. July 31, 1978, 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,
including, for example and not by way of limitation, any contrary provisions
of Article 1269m, 1269p, 1269q, and 1269r, V.A.C,S.; City Charter of the
City of Corpus Christi, Texas; ordinances of the City; Rules and Req. ulations
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.
FOR THE CITY OF CORPUS CHRISTI, TEXAS: FOR THE CORPUS CHRISTI POLICE
OFFICERS' ASSOCIATION:
Date Date
R. Marvin Townsend, City Manager Castulo Delgado, President
ATTEST:
Bill G. Read, city Secretary R. A. Pratt, Secretary- Treasurer
Harold is irector of Finance
Michael L. May, Asst. City Attorney
APPENDIX "A"
DUES DEDUCTION AUTHORIZATION
CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION
Dues Title
Code Payroll No. Employee No. Code No.
Social
Name Security No
Last (First) M.I.
Address Zip Code
I hereby authorize the City of Corpus Christi to deduct each pay period the
sum of as certified by the Corpus Christi Police Officers'
Association as the current rate of dues or an amount as may hereafter be
established by the Corpus Christi Police Officers' Association as dues.
This deduction is to be forwarded directly to the Corpus Christi Police
Officers' Association. The authorization of this deduction is entirely
voluntary on nay part.
I understand that the City of Corpus Christi will be obligated to forward
z to the Association only those sums actually deducted and will not be liable
for damages to me for failure to deduct any authorized sum for any reason.
Signed
e
APPENDIX "B"
SPECIAL ASSESSMENT DEDUCTION AUTHORIZATION
CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION
Assessment Title
Code Payroll No. Employee No. Code No.
Social
Name Security No.
Last First M.I.
Address Zip Code
I hereby authorize the City of Corpus Christi to deduct a special assessment
in the sum of as certified by the Corpus Christi Police
Officers' Association for the expressed purpose of
. This special assessment deduction is to be forwarded
directly to the Corpus Christi Police Officers' Association. The authori-
zation of this special assessment deduction is entirely voluntary on my part.
I understand that the City of Corpus Christi will be obli.gated to forward
3 to the Association only those sums actually deducted and will not be
liable for damages to me for failure to deduct any authorized sum for any
reason.
Siqned
Date
n
APPENDIX "C"
TERMINATION OF DUES DEDUCTION OR SPECIAL ASSESSMENT AUTHORIZATION
CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION•
Dues Title
Code Payroll No. Employee No. Code No.
Social
Name Security No.
Last (First) M.I.
Address Zip Code f
I hereby terminate the authorization previously executed by me on
,for dues deduction for the Corpus Christi Police Officers'
Association and request that the City make no further deductions under said
authorization. This termination of dues deduction is entirely voluntary on
my part and I understand that the City of Corpus Christi will not be liable
for failure to promptly effectuate this termination for any reason.
Signed
z
Date
Corpus Christi, Texas
JU{ k' day of 19— I- r
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 suspension 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
shall be, read at three meetings of the City Council; I, therefore, request
that you suspend said Charter rule or requirement and pass this ordinance
finally on the date it is introduced, or at the present "meeting of the City
Council. '
s- Respectfully,
Y
�G
MAYOR - ,
=* THE CITY OF CORPUS CHRISTI, TEXAS
The Charteur rule was'suspended by the following vote: >•
r
Jason Luby
Eduardo-de Ayes, '
b- David'•Di.az , r
Ruth Gill
C.s X Bob Gulley
", • • ,� Gabe Lozano; Sr.
t Edward L., Sample f._!!
11 iL
Thexabove ordinance was pasted by ithe following vote:
Jason Luby. �- a '+ 4 A
*� Eduardo ,de Ases'-
L - David Diaz _
Ruth Gill / °I]_S' (T _
Bob Gulley ^� r
' Gabe Lozano, Sr.,_ r __
'Edward 1.`Samp1e �e _
}
13 883