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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