HomeMy WebLinkAbout14483 ORD - 08/30/19780
xHR/8 -16 -78 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 to execute a contract with the Corpus Christi Police
Officers' Association, pursuant to collective bargaining negotia-
tions, 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 ".
SECTION 2. The necessity to authorize execution of
the aforesaid contract at the earliest practicable date creates
a public emergency and an imperative public necessity requiring
the suspension of the Charter rule that no ordinance or resolu-
tion shall be passed finally on the date of its introduction
but that such ordinance or resolution shall be read at three
several meetings of the City Council, and the Mayor having declared
such emergency and necessity to exist, having requested the sus-
pension of the Charter rule and that this ordinance take effect
and be in full force and effect from and after its passage, IT
IS ACCORDINGLY SO ORDAINED this the 3 L day of August, 1978.
ATTEST:
Cie y Secretary MAYOR
TACITYOF US CHRISTI, TEXAS
APPROVED:
DAY OF AUGUST, 1978:
S. BRUCE AYCOCK, CITY ATTORNEY
MICRO M"
By
4sdtlannt Ci�torne L O$ 1980
24483
AGREEMENT
BETWEEN
THE CITY OF CORPUS CHRISTI
AND
THE CORPUS CHRISTI POLICE'OFFICERS' ASSOCIATION
AUGUST 1978
INDEX
Page
Article I = Preamble
. . . . . . . . . . . . . . . . . . . .
1
Article II - Definitions . . . . . . . . . . . . . . . . . . .
2 & 3
Article III - Association Rights
A. Association Recognition and Scope of Unit . . . . . .
4
B. Payroll Deduction of Dues . . . . . . . . . . . . . .
4 & 5
C. Time off for Association Business . . . . . . . . . .
5 & 6
D. Bulletin Boards . . . . . . . . . . . . . . . . . . .
6
Article IV - Management Rights . . . . . . . . . . . . . . . .
7 thru 11
Article IV -A - Disciplinary Action . . . . . . . . . . . . . .12
thru 17
Article V - Association Duties
Prohibited Practices .18,
19, 20
Article VI - Management Duties to the Association . . . . . . .
21
Article VII - Grievance Procedure . . . . . . . . . . . . . . .22
thru 25
Article VIII - Employee Economic Benefits . . . . . . . . . .
26
A. Workweek . . . . . . . . . . . . . . . . . .
26
B. Overtime . . . . . . . . . . . . . . . . . .
26
C. Health Insurance and Life Premiums
" 26 & 27
D. Ranks and Wages . . . . . . . . . . . . . . . . . .
27
Public Safety Group Salary Schedule . . . . . . . . .
28
E. Court Time and Call Back . . . . . . . . . . . . . .
29
F. Educational Incentive Pay . . . . . . . . . . . . . .
29, 30
G. Clothing and Equipment . . . . . . . . . . . . . .
30
Index, cont'd.
Page
H. Holidays . . . . . . . . . . . . . . . . . . . .
31
I. Disability Leave . . . . . . . . . . . . . . . .
31', 32
J. Other Leave Time Policies . . . . . . . . . . . .
32
K. Administrative Leave .
. . . . . . . . . . . . .
32
L. Pensions . . . . . . . . . . . . . . . . . . . .
32
M. Classifications Compensated Under General
Schedule . . . . . . . . . . . . . . . . . . .
32, 33
Article IX - Legal Defense Service . . . . . . . . . . . .
34
Article X - Personnel Practices
A. Notice of Shift Change . . . . . . . . . . . .
35
B. Wearing of Uniform on Off -Duty Security Jobs . .
35
C. Posting of Promotional Examinations . . . . . . .
35
D. Entrance Examinations . . . . . . . . . . . . .
36
E. Promotional Examination Corrections . . . . . . .
36
Article XI - Employee- Management Relations
A. Labor Relations Committee . . . . . . . . . . . .
37
B. Contract Administration . . . . . . . . . . . .
37
C. Internal Investigation Guidelines . . . . . . . ..
37, 38, 39
Article XII - Existing Conditions . . . . . . . . . . . .
40 -
Article XIII - Closing Clauses
. . . . . . . . . . . .
Signature page
Appendix "A ", "B ", and "C"
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 as the "Association ", on August 1, 1978 '
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.
_I-
ARTICLE II - DEFINITIONS
I. "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),
a
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-
AiMCLE III - ASSOCIATION RIGEiTS
A. Association Rec=dtion and scope of Unit.
The City hereby recognizes the Association as the sole and exclusive
collective bargaining g agent for the unit consisting of all Patrolmen, Sergeants,
Lieutenants, Captains, Connanders, 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 Association 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. 4he 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,
signed and dated by each member of the Association. The card will state the specific
special assessment, reason for the special assessment, and the anount 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-
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
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. A pool of 9 work days shall be available during the term of
this contract for time off with pay for Association delegates to attend con-
ventions or seminars held in connection with Union activities, provided that
said time off with pay shall not exceed a total of nine (9) regular working
days regardless of the number of delegates elected to attend such functions.
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, legis-
lative enactments and judicial decisions. The use of the bulletin board
for the posting of partisan political material, editorial comments and
viewpoints of employees in any manner which would be in opposition to exist-
ing police 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 recogpizes 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-
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.
I. The Chief shall have the exclusive right to:
1. Establish departmental rules and procedure;
2. Discipline or discharge for cause;
3. Determine work and overtime schedules in a manner most 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
_g_
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 said 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
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. 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.
M. Except as provided in this agreement, the City retains the right
to operate and manage its affairs in all respects.
-9-
ARTICLE IV - cont'd.
N. 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.,
Article 1269m is so altered, and it is mutually so agreed.
0. The Civil Service Commission shall nbt 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.
P. 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
-10-
ARTICLE IV - cont'd.
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.
Q. 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.
-11-
ARTICLE IV -A - DISCIPLINARY ACTION
A. The Chief shall have authority to demote, temporarily suspend
not to exceed thirty working days, or terminate any employee for the causes set
forth in Article 15, Section 3 of the Rules and Regulations of the Civil Service
Commission for Firemen and Policemen of the City. The employee may appeal such
actions as provided herein.
B. Prior to any such disciplinary action, the employee shall be
given written notice of contemplated disciplinary action, stating the action
or actions contemplated and the reasons therefor, and notifying the employee
that he may rebut the charges to the Chief, either orally or in writing, within
a reasonable time, which time shall be stated in the notice.
C. After the notice and opportunity for rebuttal provided in the
preceding paragraph the Chief may demote, suspend or terminate an employee by
personal service on the employee of a written statement of charges. If the
Chief should be unable to secure personal service after due diligence, service
may be made by placing it in the mail addressed to the employee's last known
address along with delivery of the statement to the Association, and proof
of such service shall be sufficient to support any disciplinary action.
A copy of such statement, along with a copy of the notice of con-
templated disciplinary action, shall be promptly filed with the Personnel
Director of the City.
The written statement shall point out the particular rule or rules
alleged to have been violated by the employee and the specific act or acts
alleged to be in violation. Said 'statement shall inform the employee that he
has ten (10) days after receipt thereof to file a written appeal with the
Personnel Director. If alternate service is had as provided herein, the
employee shall have ten days from service upon the Association.
Appeal from suspension or termination shall be decided by one
arbitrator, selected according to this contract.
-12-
ARTICLE IV -A - cont'd.
D. 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. The employee and the Chief (the parties) shall attempt
to mutually agree on an arbitrator. If the parties fail to agree on an arbi-
trator within ten days after the appeal is filed, the Director shall immediately
request a list of seven (7) qualified neutrals from the American Arbitration
Association. The Parties may mutually agree on one of the seven neutrals. If
they do not so agree, the Parties shall alternately strike the names on the
list within five working days after receipt of 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 arbitrator shall be immediately
notified of his selection.
E. The hearing shall be commenced, but need not be completed,
within thirty days of the arbitrator's selection. Delay in commencement of
the hearing within thirty days may occur due to unavoidable conflicts with the
arbitrator's schedule, and for no other reason. If the arbitrator selected
cannot commence the hearing within sixty days from his selection, and if the
parties cannot agree upon a substitute within one day of so learning, another
arbitrator shall be selected from a new list of seven names immediately re-
quested from the American Arbitration Association, according to the procedure
set out herein. The hearing shall be scheduled so that it can be completed
without break, in consecutive calendar days (excluding weekends and holidays).
The arbitrator shall make an award within thirty days of the close of evidence
in standard arbitration hearings, and within five days of the close of evidence
in expedited arbitration hearings. Post hearing briefs shall only be permitted
in'standard arbitration hearings, and must be mailed to the arbitrator within
seven days of the close of evidence at the hearing.
-13-
ARTICLE IV -A - cont'd.
A stenographic transcription of the proceedings shall be made only
upon written agreement of the parties prior to the camencement of the hearing.
'Should there be no agreement, the party desiring the transcript may have the
transcript made at its sole expense.
The award of the arbitrator shall state which particular factual
charges he finds to be true, if any, and the particular rules he finds such
conduct to have violated, if any. Where the charges are upheld, the award shall
state whether the discipline imposed is upheld, or whether some lesser discipline
is substituted.
F. The following rules shall govern the conduct of hearings under
this section, and of certain preliminary matters:
(1) Upon request of either party addressed to the opposing
party at least 2 days prior to the date of hearing, the
parties shall exchange the names of witnesses expected
to be called at the hearing. Upon failure of a party to
disclose such witnesses, the arbitrator may exclude their
testimony.
(2) The arbitrator shall have the power to subpoena witnes-
ses. Where the subpoena request is not opposed by a
party, the City Personnel Director shall issue the sub-
poena in the name of the arbitrator, and such issuance
shall be considered the act of the arbitrator. If the
subpoena is opposed, the moving party shall apply to the,
arbitrator for issuance of the subpoena.
(3) In all hearings under this section, the City shall prove
its case by a preponderance of the evidence.
(4) The parties, in writing, may request discovery from each
other concerning the case. Should the other party not
-14-
ARTICLE IV -A - cont'd.
agree to provide the requested information within three
days of the request, the request shall be deemed denied.
The requesting party may then apply to the arbitrator,
who shall order such discovery as is appropriate to the
nature of the case, subject to rules of discovery in
Texas civil cases. In considering the application, the
arbitrator shall consider the burden and expense of pro-
ducing the information, the need of the requesting party,
the amount of time available prior to the hearing, and
such other matters as he may deem material. In no event
shall discovery be permitted to delay the hearing, and in
no event shall discovery be requested within the three
days prior to the hearing.
(5) All hearings shall be public unless it is expressly agreed
in writing by the parties that the hearing shall be closed
to the public. In any event, the final decision of the
arbitrator shall be public, although public announcement
may be reasonably delayed upon request of the parties.
(6) Unless otherwise provided in this contract, the conduct
of the hearing shall be governed by the rules of the
American Arbitration Association.
G. The arbitrator shall have all powers vested in the Commission
under Article 1269m, V.A.C.S., and the Commission Rules, with respect to
suspensions, terminations, and demotions, except the power to amend such rules.
H. Any notice or statement required to be filed by the Chief of
Police or the employee in a disciplinary proceeding under Article 1269m, under
Commission Rules, or under this contract, shall be filed with the Director of
-15-
ARTICLE IV -A - cont'd.
'Personnel of the City.
I. With respect to terminations, temporary suspensions, and
demotions, the employee shall have such right to appeal the arbitrator's
decision to district court as he is given in Article 1269m to appeal the
Commission's decision, and no greater right.
J. Unless otherwise provided in this contract, in cases of con-
flict, the provisions of this contract will control over Article 1269m, Civil
Service Commission Rules, and AmericanArbitration Association Rules; and
Article 1269m and Civil Service Rules promulgated pursuant to it shall con-
trol over American Arbitration Association Rules.
K. A probationary employee may be discharged at the discretion
of the Chief, without appeal to arbitration, to the Commission, or to any
court, at any time during the twelve -month period subsequent to being commis-
sioned as a police officer.
L. Notwithstanding any other provision of this contract, the
Chief shall have authority to temporarily suspend an employee for period of
not less than 30 nor more than 90 working days, where the employee agrees
to the suspension in writing. The employee shall have no right to appeal
such agreed suspension, and no administrative or judicial body shall have
power to review such a suspension or alter the terms of the agreement.
M. Any deadline or time restriction set out in this contract
with respect to disciplinary proceedings may be modified by written agreement
of the parties. However, neither party may be compelled to waive its right
to insist upon the deadlines and time restrictions provided by the contract_
N. In addition to disciplinary powers vested in the Police Chief,
Police Commanders shall have the right to suspend for cause, said suspensions
not to exceed three working days without pay. Such suspensions may be appealed
within five days to the Chief, and further appeal shall be to arbitration,
-16-
I
ARTICLE IV -A - cont-d.
according to the procedures for disciplinary actions by the Chief, except
that no presuspension notice by the Chief shall be necessary, and the Chief
may adopt the Commander's letter as his own.
0. The City and the aggrieved employee shall share equally the
fees and expenses of the arbitration. Where the Association represents the
employee, it shall share equally the arbitration fees and expenses with the
City.
P. All hearings which are expected to be completed in one day
shall be submitted for expedited arbitration. On all other hearings the
parties may agree to request expedited arbitration.
Q. To the extent that any provision of this Article conflicts
with or changes Article 1269m, V.A.C.S., or any other civil service statute,
the statute is so amended, as authorized by Article 5154c -1, V.A.C.S.
R. Any officer temporarily suspended for five days or less may,
at the discretion of the Chief, be allowed to voluntarily work on regular
days off to offset a loss in pay resulting from suspension. Such time worked
will not be considered as overtime. t
Written reprimands may be issued by the Chief to an officer without
requiring prior notification. Copies of all written reprimands shall be given
to the effected officer.
-17-
ARTICLE V - ASSOCIATION DUTIES
A. Prohibited Practices. Neither the Association nor any employee
shall engage in any of the following practices:
I. 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,
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.
-18=
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,
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
-19-
t .
r
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.
-20- F
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.
=21-
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. St_ eps.
Step 1. The aggrieved employee shall meet with his immediate
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.
-22-
>«c K
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 ppervisor'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.
-23-
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 arbitra-
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
-24-
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.
-25-
ARTICLE VIII - EMPLOYEE ECONOMIC BENEFITS
A. Workweek. The workweek shall consist of forty (40) hours. The
normal workday shall begin fifteen (15) minutes prior to the beginning of
the eight -hour shift. A meal break may be taken during the eight -hour shift
schedule in compliance with the rules and regulations of the department.
B. Overtime. Overtime shall be defined as authorized work performed
in excess of the regular workweek. All employees, excluding those serving
at the rank of Police Commander or Assistant Police Chief, may elect to be
compensated for overtime either in cash at the rate of time and one -half
(1 -1/2) the employee's regular rate of pay, or in compensatory time equal to
one and one -half (1 -1/2) times the actual hours of overtime worked. 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 division, Commanders shall be
compensated at a rate of time and one -half and may be compensated in cash
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 em-
ployee premium on group health and life insurance with employees sharing
in that expense at the rate of $1.00 per month. The City agrees to pay
dependent coverage in the amount of $3.82 per month.
Employees who retire under conditions of regular TMRS retirement
shall be eligible to continue participation in the City's group health in-
surance program at monthly group premium rates set forth in the insurance
contract subject to periodic changes in rates as required. The total cost
_9r_
ARTICLE VIII - cont'd.
of such continued coverage shall be paid entirely by the employee and shall
remain in force while paid by the employee until he or she either becomes
eligible for Medicare or reaches the 65th birthday.
Rate increases for dependent coverage without any change in hospi-
talization insurance benefits during the contract year shall in no way be con-
sidered to diminish the rights, privileges or working conditions currently en-
joyed by the employee.
D. Ranks and Wages. Effective August 1 , 1978, the basic ranks
within the Police Department as well as the applicable job classifications and
applicable monthly pay rate shall be as follows:
-27-
PUBLIC SAFETY'GROUP'SALARY SCHEDULE
August 1,1978
Police
Class
Code
Class Title
Starting
6
18 30 42
914
Trainee
$ 795
915
Police Officer
924
971
1,020 .1,074 1,128
916
Sergeant
1,128
1,184
1,243
co
918
Lieutenant
1,306
1,372
1,441
February 1, 1979
914
Trainee
810
915
Police Officer
941
989
1,039 1,094 1,149
916
Sergeant
1,149
1,206
1,266
918
Lieutenant
1,331
1,398
.1,468
ARTICLE VIII - cont-d.
E. Court Time and Call Back.
I. 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 the
employee's regular rate of pay with the minimum compensation of 3 hours.
2. Employees who are subpoenaed while on vacation to give testi-
monty 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
pay with a minimum compensation of two hours, except that where an emergency
exists, the employee's vacation may be cancelled by the Chief, whereupon
said employee shall be paid at his regular rate of pay.
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
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 comple-
tion of the requirements and the receipt Iof 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
-29-
ARTICLE VIII - cont'd.
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. Suc-
cessful 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 filed on his
own time.
G. Clothing and Equipment. The City shall pay 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 100% ex-
cluding shoes. A clothing allowance of $300 shall be paid to all officers who
are required by order of the Chief to wear civilian clothing during their regular
work assignment. Such payments 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
-30-
ARTICLE VIII - cont'd.
duty assignment where civilian clothes are required. If the officer is sepa-
rated from the service and a prorated clothing allowance is owed, it shall be
deducted from his final pay check. For each year thereafter the City shall pay
up to $300 for replacement costs for those persons so authorized.
A clothing allowance of $15.00 per month shall be provided to each
officer of the department for the purpose of uniform and clothing cleaning and
maintenance. .
H. Holidays.
1. Each employee shall receive the following seven (7) holidays
during each fiscal year:
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 injury sustained
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 occur -
ing while in the course of employment.
The use of accrued sick leave may be granted to any officer injured an
the job after injury leave has been exhausted only at the discretion of the Chief.
A disability shall be defined as a physical injury or illness which
prevents an officer from fully performing assigned duties in all major divisions
of the department. In the event the Chief of the department determines after
consultation with the cith physician that the officer is unable to perform his
or her job duties, he may institute immediate termination or retirement if appli-
cable. An officer may call for further examination by a board of three physicians
-31- .
ARTICLE VIII - cont'd
appointed by the city physician, but with the officer paying 50% of the expense
and the City paying the remaining 50 %. In the event that further examination is
requested as provided above, the majority finding of the three physicians that a
disability as defined herein exists shall be final.
An officer who has previously been declared disabled may at the dis-
cretion of the Chief be eligible for re- appointment to the service upon certification
by the City Physician that he or she has recovered from that disability, and is able
to perform full duties.
J. Other Leave Time Policies. 'rile City shall maintain all other leave time
policies affecting police officers currently in effect, excluding administrative
leave for Police Commanders and Assistant Chiefs.
K. Administrative Leave. Assistant Chiefs and Ccmanders 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.
M. Classifications Compensated Under General Salary Schedule. The positions
of Assistant Police Chief, Police Cmunander, and Police Captain shall be com-
pensated at salary grade levels set forth belay within the general salary
schedule consistent with the provisions provided under Section 552.7 of
Carpensation Ordinance No. 8127. The Assistant Police Chief shall be com-
pensated at pay grade 34; the Police CcmTander at pay grade 32; and Police Captain
at pay grade 30. All other subsequent step increases shall be made consistent with
longevity requirements of the general salary schedule or as provided by authority
-32-
ARTICLE VIII - cont'd.
of section 552.7 of Compensation Ordinance No. 8127. Individual merit or
performance salary increases as authorized by the compensation ordinance
shall be permitted for these classifications, Article 1269m notwithstanding.
By placing Police Captains within the civilian pay classification
as specified above, the Association does not agree or admit that Captains are
excluded from the bargaining unit under the following definition of "supervisor ":
Any individual having authority in the interest of the employer,
to hire, transfer, suspend, lay -off, recall, promote, discharge, or reward
other employees, if in connection with the foregoing the exercise of such au-
thority is not of a merely routine or clerical nature, but requires the use of
independent judgement. For all other purposes of this contract, however, the
term "supervisor" is defined in Article II, Section 6 of this contract.
In addition to the exceptions above, officers within the rank of
Police Captain shall be eligible for overtime as provided under Article VIII,
,Section B of this contract.
-33-
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 impiiedly 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.
Z. 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.
-34—
ARTICIE 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 Jabs. An "off -duty security job"
shall be defined as off -duty enploytrent, 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:
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 examinations shall
take place no later than sixty (60) days prior to the examination, study materials
and texts for promotional examinations shall also be posted and available at least
sixty (60) calendar days prior to an examination. Exceptions shall be permitted on
materials or books which are not readily available from publishing companies. In
any event such study material must be available at least thirty (30) days prior to
the examination date. A posting of the examination study materials shall be posted
-35-
ARTICLE X - cont'd.
simultaneously along with all announcements for promotional examinations.
D. Entrance Examinations. Entrance Examinations may be administered at
any time to qualified groups or individual applicants. Names placed on the
eligibility list for entrance appointments shall resin on that list for one
(1) year from the date of the written examination. the eligibility list shall
exist continually as names are added and deleted.
E. Promotional Examination Corrections. Rhe Civil Service Director shall
have authority to reomm-end to the Civil Service Commission changes to entrance
or promotional examination questions where clerical errors in oomp' i
ling the
test questions have been discovered or where a question arises as to general
accuracy-
-36-
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
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:
=37- -
ARTICLE XI - cont'd.
I. 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 his conduct can become the
subject of disciplinary action resulting in disciplinary punishment.
-38=
ARTICLE XI - cont'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 a cost
division between them.
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.
-39-
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.
—40-
ARTICLE XIII - CLOSING CLAUSES
A. The effective date of this agreement shall be August 1, 1978, except
as otherwise provided herein, and the agreement shall remain in effect until
midnight p.m. July 31, 1979, 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 limitaticn, 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 Regulations of the Firaren's
and Policemen's Civil Service Commission; and Rules and Ostlers 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
Harold Zick, Director of Finance
Jimmy Bray, Assistant 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
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 my part.
I understand that the City of Corpus Christi will be obligated to forward
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
Date
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 obligated to forward
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
Date
k -
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)
Address Zip Code
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
Date
i1Pti x
1r. i+ry
IT
Corpus Christi, Texas p tr
30 day of 191y
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.
Respectfully,
THE G�ITY 0� CO CHR
The Charter rule was suspended by the following vote:
Gabe Lozano, Sr. -
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr..
Edward L. Sample
The above ordinance was passed
by he following vote:
�J
, TEXAS
f4i
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
�J
, TEXAS
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