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HomeMy WebLinkAbout15064 ORD - 08/15/1979h:8 -7 -791st 'y- '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 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". SECTION 2., The necessity to authorize execution of the aforesaid contract at the earliest practicable date creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or`resolution shall be passed finally on the date of its intro- duction but that such ordinance or. resolution shall be read t.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 and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED this the J5 --day of August, 1979. ATTEST; 40. Secre ary APPROVED: 7 DAY OF AUGUST, 1979: J. BRUC YCOCC CITY ATTORNEY By 4' Assistant Ciporney THE Y OF CORPUS CHRISTI, TEXAS 150f Corpus Christi, T xas /j day of ugciot , 1971? 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, MAYO T CORPUS E CITY L01 E PUS CHRISTI, TEXAS The Charter rule was suspend;d by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was passed Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky by the 4 following vote: 15064 INDEX Page Article I - Preamble 1 Article II - Definitions 3 & 4 Article III - Association Rights 5 A. Association Recognition and Scope of Unit 5 B. Payroll Deduction of Dues 5 & 6 C. Time off for Association Business 6 & 7 D. Bulletin Boards 8 Article IV - Management Rights 9 thru 13 Article IV -A - Disciplinary Action 14 thru 21 Article V - Association Duties Prohibited Practices 22 thr# Article VI - Management Duties to the Association 25 Article VII - Grievance Procedure 26 thru 29 Article VIII - Employee Economic Benefits 30 A. Workweek 30 B. Overtime 30 C. Health Insurance and Life Premiums 31 D. Ranks and Wages 31 Public Safety Group Salary Schedule 32 E. Court Time and Call Back 33 F. Educational Incentive Pay 33, 34 G. Clothing and Equipment 34, 35 Index, cont'd. Page H. Holidays 36, 37 I. Injury Leave 36, 37 J. Other Leave Time Policies 37 K. Administrative Leave 37 L. Pensions 37 M. Classifications Compensated Under General Schedule 38 N. Sick Leave and Pool 39 thru 41 0. Termination Pay 41 P. Longevity Pay 41 Article IX - Legal Defense Service 43, 44 Article X - Personnel Practices A. Notice of Shift Change 45 B. Wearing of Uniform on Off -Duty Security Jobs 45 C. Posting of Promotional Examinations 45 D. Entrance Examinations 45 E. Promotional Examination Corrections 45 F. Sergeant's Proficiency Examination 46 G. Eligibility For Promotion 47, 48 H. Promotional Procedures 48, 49 I. Eligibility Lists 50 Index, cont'd. Page Article XI - Employee -Management Relations 51 A. Labor Relations Committee 51 B. Contract Administration 51 C. Internal Investigation Guidelines 51 thru 53 Article XII - Impasse Procedures; Political Activities 55 thru 59 Article XIII - Existing Conditions 60 Article XIV - Closing Clauses 61 Agreement As To Intent Of Parties 62 Appendix "A" 63 Appendix "B" 64 Appendix "C" 65 THE STATE OF TEXAS 1 COUNTY OF NUECES I 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, 1979 The purpose of this agreement is the promotion of harmonious relations between the City and the Association; the establishment of equitable and peaceful procedures for the resolution of differences; and the establishment of compen- sation and other conditions of employment. -1- -2- ARTICLE II - DEFINITIONS 1. "City" means the City of Corpus Christi. 2. "Association" means the Corpus Christi Police Officers' Asso- ciation. 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 Griev- ance Procedure in Article VII. S. "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, faith- ful, and proper performance of the duties of employment (including but not limited to "slowdowns", "sickouts", and the intentional failure to make arrests), for the purpose of inducing, influencing or coercing a change in the conditions, compensation, rights, privileges, or obligations of employment. 9. "Commission" means the Civil Service Commission of the City of Corpus Christi. -3- ARTICLE II - cont'd. 10. "Chief" means the Chief of Police of the City of Corpus Christi. 11. "City Manager" means the City Manager of the City of Corpus Christi. 12. "Emergency" means any situation which jeopardizes the public health, safety or welfare, and requires alteration of schedules, work hours, shifts and/or personnel assignments, said emergency to be determined by the Chief. -4- ARTICLE III - ASSOCIATION RIGHTS A. Association Recognition and Scope of Unit. The City hereby recognizes the Association as the sole and exclusive collective bargaining agent for the unit consisting of all Patrol- men, 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 Asso- ciation 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 termi- nation 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 Deduc- tion" 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 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 -5- ARTICLE III - cont'd. after receipt of the "Special Assessment Deduction" card. 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 intiated 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 Assess- ment" card is found in Appendix "C" and is incorporated by reference into this agreement. The City shall terminate deduction of such dues or special assess- ments 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 indivi- dual 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. -6- ARTICLE I1I - cont'd. 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. 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. Two members of the Association designated in writing by the Association may receive time off with pay at the discretion of the Chief to attend meetings called by the Chief for the purpose of developing proficiency examinations and promotional examination procedures. Time off for these called meetings shall not be unreasonably withheld. Said Association members shall advise and assist the Chief in the development of such examinations and pro- cedures to be implemented during the 1979-80 fiscal year. Final decision making authority with respect to such examinations and procedures shall reside exclusively in the Chief. 5. 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 conventions 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. -7- ARTICLE III - cont'd. 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, legislative 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 existing police and working conditions shall not be allowed. Any material on the bulletin board which the City alleges to be in violation of this agreement shall be promptly removed by the Association. The matter will then be immediately referred to Step "4" of the grievance procedure for resolution. -8- ARTICLE IV - MANAGEMENT RIGHTS A. The Association recognizes that the City has statutory and Charter rights and obligations in contracting for matters relating to muni- cipal 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 depart- ment, or departments, and the right to lay off employees of the department. C. The City shall have exclusive authority to transfer any govern- mental 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 des- cribed, 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 -9- 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 Department to perform duties which do not require a commissioned officer or the power of arrest. The scope of such duties include, but are not limited to, communications, information system, records, community services, clerical support, maintenance, school safety crossing, and jail operations. Civilians performing such duties are not subject to the terms of this agreement. H. The City reserves the right to use personnel from the Police Department and the Fire Department interchangeably during natural disasters and civil disorders. I. The Chief shall have the exclusive right to: 1. Establish departmental rules and procedure; 2. Discipline or discharge for cause; 3. Determine work and overtime schedules in a manner most advantageous to the City; 4. Establish methods and processes by which work is performed; and 5. Transfer employees within the department in a manner most -10- ARTICLE IV - cont'd. advantageous to the City. J. All promotions to the classifications of Assistant Chief or Police Commander shall be exempt from competitive examinations, and instead shall be made by appointment by the Chief. The appointment shall be within the discretion of the Chief, provided that the Chief shall promote the em- ployees from the classifications specified elsewhere in this agreement. 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 em- ployee shall resume the competitive classification from which he was appointed and his salary shall be in accordance with said competitive classification with service time credited as continuous time in that competitive classification and with all salary increases to which he would have been automatically entitled had he continuously remained in said competitive classification. 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 pro- -11- ARTICLE IV - cont'd. moted. 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 Patrol- man 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. 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 arbi- -12- ARTICLE IV - cont'd. tration 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 not 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, some- time 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 Arti- cle 1269m, V.A.T.S. Q. Field Training Officer pay as established by the compensation ordinance 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. -13- 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. Disciplinary action may be taken against a police officer within six months of the discovery by the Chief of conduct by the officer which would constitute a felony or a Class A misdemeanor, and not thereafter. Provided that such limitation shall not prevent disciplinary action against a police officer based upon his conviction for any such crime notwithstanding that dis- covery of the conduct on which the conviction is based occurred more than six months before the disciplinary action. Provided further that no disciplinary action may be taken for conduct on which the criminal statute of limitations has run regardless of the date of discovery. Provided, however, that nothing within this Section B shall in any way limit the time within which the Chief may take disciplinary actions under Art. 1269m, V.A.C.S., and to the extent that Art. 1269m permits the Chief more time to initiate any disciplinary action it shall prevail. C. 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. -14- ARTICLE IV -A - cont'd. D. 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 (10) days from service upon the Association. Appeal from suspension or termination shall be decided by one arbitrator, selected according to this contract. E. 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 -15- ARTICLE IV -A - cont'd. an arbitrator 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 ane 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 com- plete the selection process at the earliest possible date. The arbitrator shall be immediately notified of his selection. F. The hearing shall be commenced, but need not be completed, wthin 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 se- lected 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 imme- diately requested 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. -16- ARTICLE IV -A - cont'd. A stenographic transcription of the proceedings shall be made only upon written agreement of the parties prior to the commencement 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 situated. G. 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 witnesses. Where the subpoena request is not opposed by a party, the City Personnel Director shall issue the subpoena 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. -17- ARTICLE IV -A - cont'd. (4). The parties, in writing, may request discovery from each other concerning the case. Should the other party not agree to pro- vide 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 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 producing 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 re- quested 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 Arbitra- tion Association. -18- ARTICLE IV -A - cont'd. H. The arbitrator shall have all powers vested in the Commission under Article 1269m, V.A.C.S, and the Commission Rules, with respect to sus- pensions, terminations, and demotions, except the power to amend such rules. I. 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 Personnel of the City. J. With respect to terminations, temporary suspensions, and demo- tions, 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. K. 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 American Arbitration Association Rules; and Article 1269m and Civil Service rules promulgated pursuant to it shall control over American Arbitration Association rules. L. 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 com- missioned as a police officer. M. Notwithstanding any other provision of this contract, the Chief shall have authority to temporarily suspend an employee for period of not less -19- ARTICLE IV -A - cont'd. than 30 nor more than 90 working days, where the employee agrees to the sus- pension 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. N. Any deadline or time restrictions 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. 0. 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, 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. P. 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. Q. 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. -20- ARTICLE IV -A - cont'd. R. 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. S. 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. Written reprimands may be issued by the Chief to an officer with- out requiring prior notification. Copies of all written reprimands shall be given to the effected officer. -21- 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 tes- timony alleging violation of this agreement; 4. Discriminate against any employee covered by this agree- ment 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 em- ployment 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. -22- ARTICLE V - cont'd. B. The parties hereto agree that all negotiations will be con- ducted exclusively between the designated bargaining representatives of the City and the Association. Neither party will make any effort to bypass the spokesman of the other party during the period of negotiations for amendments to this agreement unless an impasse exists as defined under the "Fire and Police Employee Relations Act", Article 5154c of Vernon's Annotated Civil Statutes. C. Any changes in wages, hours, terms and conditions of employment and other benefits granted by the Texas State Legislature 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 requiring the State of Texas to compensate, remunerate or otherwise assist employees after the effec- tive 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 -23- ARTICLE V - cont'd. that previously 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. ' -24- ARTICLE VI - MANAGEMENT DUTIES TO THE ASSOCIATION A. The City shall provide the following materials to every em- ployee: 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 organiza- tion 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 organization; 5. Discriminate against any employee or employee group because of religion, sex, creed, color, age, national origin, association or nonassocia- tion or affiliation in an organized employee group or discriminate in the appli- cation or interpretation of the provisions of this agreement. -25- ARTICLE VII GRIEVANCE PROCEDURE A. Scope of Grievance Procedure. The purpose of this grievance procedure is to establish effective machinery for the fair, expeditious and orderly adjustment of grievances. Only matters involving the interpretation, application, or enforcement of the terms of this agreement, shall constitute a grievance under the provisions of this grievance procedure. B. Association Representation. A grievance may be brought under this procedure by one or more aggrieved employees, with or without an Associa- tion representative. C. Time Limitations. The aggrieved employee or employees shall bring the grievance to his immediate supervisor at Step 1, below, within fif- teen (15) days of its occurrence; or if at the time the employee is unaware of the grievance, within fifteen (15) days of his knowledge of its occurrence. The time limits prescribed herein may be waived by mutual agreement, in writing, by the aggrieved employee, or the Association in a class grievance; and the appropriate management representative at each step. D. Steps. Step 1. The aggrieved employee shall meet with his immediate supervisor within the prescribed time limits, and orally discuss the grievance. The immediate supervisor shall make a decision and orally communicate this decision to the aggrieved employee within five (5) working days from the initial presentation of the grievance. Every effort shall be made by the employee and -26- ARTICLE VII - cont'd. the immediate supervisor to resolve the grievance at this level. Step 2. If the grievance is not resolved at Step 1, the aggrieved employee shall submit a written grievance to his immediate super- visor 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 agreements; (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 contain the following information: (1) an affirmation or denial of the facts upon which the grievance is based; (2) an analysis of the alleged violation of the agreement; (3) the remedy or adjustment, if any, to be made; (4) the signature of the appropriate management representative. Step 3. If the grievance is not resolved at Step 2, the aggrieved employee shall submit a written grievance to his intermediate supervisor within 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 -27- ARTICLE VII - cont'd. ten (10) working days following the intermediate supervisor's written response. The Chief shall respond in writing to this grievance within ten (10) working days of its receipt. Step 5. If the grievance is not resolved at Step 4, the aggrieved employee shall submit a written grievance to the City Manager within ten (10) working days following the Chief's written response. The City Manager shall respond in writing to this grievance within 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 arbi- tration. 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 -28- ARTICLE VII - cont'd. shall be the arbitrator. The hearing on the grievance shall be informal and the rules of evidence shall not apply. The arbitrator shall not have the power to add to, subtract from or modify, the provisions of this agreement in arriving at a decision on the issue or issues presented; and shall confine his decision solely to the interpretation, application, or enforcement of this agreement. The arbitrator shall confine himself to the precise issue submitted for arbitration, and shall have no authority to determine any other issues not so submitted to him. The decision of the arbitrator shall be final and binding upon the aggrieved employee and the City. The City and the aggrieved employee shall share equally the fees and expenses of the arbitrator. Where the Association 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. -29- 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 shift. A meal break may be taken during the shift scheduled in com- pliance 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 com- pensated for overtime either in cash at the rate of time and one-half (1-1/2) the employee's regular rate of pay, or in compensatory time equal to one and one-half (1-1/2) times the actual hours of overtime worked. Scheduling of compensatory time shall be at the discretion of the Chief. Compensatory time may be accrued on an unlimited basis. In the event of separation in good standing, the City shall pay accrued compensatory time not to exceed thirty (30) days at the employee's regular rate of pay. When ordered by the Chief to work during an emergency or assigned to some duty not normally attendant to their supervisory and manage- ment 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. -30- ARTICLE VIII - cont'd. C. Health Insurance and Life Premiums. The City shall pay the employee 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 depen- dent coverage in the amount of $3.82 per month. Employees who retire under the conditions of regular TMRS retirement, and their previously participating spouses, shall be eligible to continue participation in the City's Group Health Insurance Program at monthly premium rates set forth in the insurance contract subject to periodic changes in rates as required. The total cost of such con- tinued coverage shall be paid entirely by the employee and/or spouse. Coverage shall remain in force for the employee while paid until he or she becomes eli- gible for Medicare or reaches age 65 at which time coverage will cease. Coverage shall remain in force for the spouse while paid until he or she becomes eligible for Medicare or reaches age 65 at which time coverage shall cease. The spouse's rights shall continue after the employee's death, but shall terminate upon divorce. Rate increases for dependent coverage without any change in hospital- ization insurance benefits during the contract year shall in no way be considered to diminish the rights, privileges, or working conditions currently enjoyed by the employee. D. Ranks and Wages. Effective August 1, 1979, the basic ranks within the Police Department as well as the applicable job classifications and applicable monthly rate shall be as follows: -31- PUBLIC SAFETY GROUP SALARY SCHEDULE August 1, 1979 Police Class Code Class Title Starting 6 18 30 42 914 Trainee $ 876 915 Police Officer 1,018 1,070 1,124 1,183 1,243 916 Sergeant 1,243 1,305 1,369 918 Lieutenant 1,440 1,512 1,588 COCV ARTICLE VIII - cont'd. E. Court Time and Call Back. 1. Employees while off duty who are called back to duty or sub- poenaed 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- 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 one2half (1-1/2) the employee's regular pay with a minimum compensation of two hours. Com- pensation 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. -33- ARTICLE VIII - cont'd. In no event will more than $49.70 per month be paid without successful com- pletion 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 addi- tional $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 to- ward 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. Success- ful completion 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 additional $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 the employee's own time., G. Clothing and Equipment. The City shall pay 100% of the cost -34- ARTICLE VIII - cont'd. 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% excluding 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 begin- ning 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 officer is separated from the service and a prorated clo- thing allowance is owed, it shall be deducted from his final pay check. For each year thereafter the City will 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: -35- ARTICLE VIII - cont'd. New Year's Day Thanksgiving Day Memorial Day Christmas Day Fourth of July One holiday to be determined by the City Labor Day 2. The current practice of adding holidays to vacation time shall be retained. I. Injury Leave. No sick leave shall be charged for injury sus- tained in the line of duty. Employee shall be paid injury 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. The use of accrued sick leave may be granted to any officer at the discretion of the Chief for job related illnesses or injuries after injury leave has been exhausted. Line of duty illness shall be defined as an illness which has been directly and substantially caused by the duties of the position. 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 de- termines after consultation with the City Physician that the officer is permanently unable to perform his or her job duties, he may institute imme- diate termination or retirement if applicable. An officer may call for further examination by a board of 3 physicians appointed by the City Phy- sician, but with the officer paying 50% of the expense and the City paying -36- ARTICLE VIII - cont'd. the remaining 50%. In the event that further examination is requested as provided above, the majority finding of the 3 physicians that a permanent disability as defined herein exists shall be final. "Permanent disability" is a line of duty injury or illness which disables an officer to the extent that it cannot be said in reasonable medical probability that the officer will be able to return to full duties within one calendar year. An officer who has previously been declared disabled may at the discretion of the Chief be eligible for reappointment 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. The 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 Commanders may re- ceive 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. -37- ARTICLE VIII - cont'd. M. Classifications Compensated Under General Salary Schedule. The positions of Assistant Police Chief, Police Commander, and Police Captain shall be compensated at salary grade levels set forth below within the general salary schedule consistent with the provisions provided under Section 552.7 of Compensation Ordinance No. 8127. The Assistant Police Chief shall be com- pensated at pay grade 34; the Police Commander 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 of section 552.7 of Compensation Ordinance No. 8127. Individual merit or performance salary increases as authorized by compensa- tion ordinance shall be permitted for these classifications, Article 1269m notwithstanding. By placing Police Captains within the civilian pay classifica- tion as specified above, the Association does not agree or admit that Captains are excluded from the bargaining unit under the following definition of "supervisor". 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 authority is not of a merely routine or clerical nature, but requires the use of independent judgment. For all other purposes of this contract, however, the term "Super- visor" 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. -38- ARTICLE VIII - cont'd. N. Each police officer shall accumulate fifteen (15) days of sick leave with pay per calendar year. Three days of such fifteen (15) days of sick leave with pay shall become part of a sick leave pool for the benefit of all police officers with extended non -job related injuries and illnesses, and the remaining twelve days shall be credited to the individual officer. The following requirements determine when sick leave pool days may be drawn: 1. Officers with four (4) years or less service may use pool days after ten (10) working days (or comparable hours) of continuous non -job related illness or injury. The first ten (10) working days shall be charged to the officer's accumulated sick leave or, if personal sick leave has been exhausted, to dock time. 2. All other officers may use pool days after ten (10) working days (or comparable hours) of continuous non -job related ill- ness or injury. Provided, however, in addition, before being entitled to use pool days, such an officer must first use all his accumulated personal sick leave in excess of the amount payable upon termination. No officer shall be permitted to use more than 180 pool days for a single illness or injury. Pool days may not be used for injuries or illnesses sustained in the line of duty. Injuries or illnesses sustained in the line of duty shall -39- ARTICLE VIII - cont'd. be compensated entirely under the terms of Art. VIII, Sec. I, of this Agreement relating to "Injury Leave." If the pool should be exhausted at any time, an officer must use his personal sick days or be put on dock time. Pool days may only be used as they are available, and,may never be used retroactively. The number of days in the pool shall be solely for the benefit of officers with extended injuries or illnesses, and such days shall not revert to the accumulated sick leave of individual employees. Pool time may only be used for disability, which is defined as a non -job related injury or illness which prevents an officer from fully per- forming assigned duties in all major divisions of the department. The Chief may at any time require an examination to determine if an officer is permanently disabled. When it is determined that an officer is permanently disabled, the Chief shall be entitled to terminate or retire the officer, whichever is applicable. "Permanent disability" is a non -job related injury or illness which disables an officer to the extent that it cannot be said in reasonable medical probability that the officer will be able to return to full duties within one calendar year. The initial deter- mination of permanent disability shall be made by the City Physician. Should the officer desire further examination, he may request that three physicians be appointed by the City Physician. The officer and the City shall each pay 50% of such expense. The majority finding of the three physicians as to whether a permanent disability exists shall be final and nonappealable. -40- ARTICLE VIII - cont'd. Upon termination or retirement for permanent disability the officer shall be entitled to a lump sum payment for all his accumulated personal sick leave, but shall not be entitled to use or be compensated for any pool days. Upon any employee's being absent from duty for 90 working days as a result of a single illness or injury the Chief shall immediately re- quire the employee to submit to a medical examination to determine whether the employee is permanently disabled, such determination to be made in ac- cordance with the procedures in the preceding paragraph. An officer who has previously been declared permanently disabled may at the discretion of the Chief be eligible for re -appointment to the service upon certification by the City Physician that he or she has recovered from the disability, and is able to perform full duties. 0. Upon termination, sick leave shall be paid to police officers according to the following schedule: 1. Less than 4 full years of service: zero days. 2. 4 full years of service: not more than 30 days. 3. 5 full years of service: not more than 40 days. 4. 6 full years of service: not more than 50 days. 5. 7 full years of service: not more than 60 days. 6. 8 full years of service: not more than 70 days. 7. 9 full years of service: not more than 80 days. 8. 10 or more full years of service: not more than 90 days. 9. 25 or more full years of service: not more than 180 days. -41- ARTICLE VIII - cont'd. P. Longevity pay shall be $6.00 per month for each complete year of service up to a maximum of 10 years of service. Thereafter, for each additional year of service, longevity pay shall be $4.00 per month for each year up to a maximum of 25 years of service. -42- 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 offi- cer's employment for the City of Corpus Christi. The City, by conducting or participating in the employe'e'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 re- fuse 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 -43- ARTICLE IX - cont'd. 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. -44- 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 secu- rity 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 uni- form 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 exami- -45- ARTICLE X - cont'd. nation. 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 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 remain 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. The Civil Service Director shall have authority to recommend to the Civil Service Commission changes to entrance or promotional examination questions where clerical errors in com- piling the test questions have been discovered or where a question arises as to general accuracy. F. Patrol officers with 30 months of continuous service in rank shall be eligible to take an individual pass -fail written proficiency examina- tion to qualify for immediate advancement to the rank of Senior Patrol Officer (Sergeant). Proficiency examinations shall be administered on a semi-annual basis. Officers shall advance only after successfully passing the examina- tion by correctly answering at least 70% of all questions provided in the test. The results of the proficiency test with the exception of fraud, shall not be appealable to the Civil Service Commission or Arbitration. -46- ARTICLE X - cont'd. G. The following minimum rank and service shall be required of all officers prior to participating in any part of the promotional examination procedure as set forth in this contract. Classification (1) Police Officer (2) Senior Police Officer (Sgt) (3) Lieutenant (4) Captain Mos./Years Continuous Service Required Other Requirements 30 months Written immediately prior ' Test to test 3 years service in Department immediately prior to exam 1 year service in rank immediately prior to exam 2 years service in .rank immediately prior to test 1 year service in rank immediately prior to appointment 2 years service in rank immediately rank to appointment -47- Promotional Classification Proficiency Sr. Police Officer (Sgt) Promotional Examination Promotional Examination Proficiency Test A total of 6 years service in the Department Lieutenant Captain Commander Commander Assistant Chief ARTICLE X - cont'd. By making Lieutenants eligible for promotion to Commander, the Association does not agree or admit that Lieutenants are excluded from the bargaining unit under the following definition of "supervisor". Supervisor: Any individual having authority in the interest of the employer, to hire, transfer, suspend, lay-off, recall, promote, discharge, or reward other em- ployees, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. For all other purposes of this contract, however, the term "Super- visor" is defined in Article II, Section 6 of this contract. H. The promotional examination procedure for the classification of Lieutenant and Captain shall consist of 2 parts as follows: (1) Written examination - Shall consist of questions relating to the specific duties of the position to be filled. The written examination shall have no specific failing score but will provide a ranking of participants from high to low score. In the event that written examination scores are the same, the earliest time for submitting the exami- nation form to the test administrator for grading shall determine respective standing. Only the highest 20% of all test participants or the highest 20 participants, whichever number is greater, shall be allowed to continue -48- ARTICLE X - cont'd. on to the next phase of the examination process (Oral Examination Board). (2) Oral Examination Board - Shall consist of: (a) Two per- sons from outside of the Police Department who currently hold an administrative level position in a law enforcement agency operating in a city of 50,000 or more population. One such board member shall be chosen by the Chief and one by the Association. (b) Two persons from inside the Police Department who hold at least one rank above the level held by the applicants being examined. One such board member shall be chosen by the Chief and one by the Association. (c) One person mutually agreed upon by the Chief and the Association from either inside or outside the Police De- partment who has had working experience with personnel selection and evaluation. A passing score of 70% or better on the composite factors evaluated by the Board will be re- quired to pass the Oral Board Examination. Failure of an applicant to obtain a passing score on the Oral Board Examination shall disqualify the applicant from further consideration for one year from the date the writ- ten examination was administered. The results of the Oral Board Examination shall be binding for one year and, with the exception of fraud, shall not be appealable to the Civil Service Commission or arbitration. -49- ARTICLE X - cont'd. I. Within 48 hours of the completion, excluding weekends and holidays, of the Oral Board Examination Process, an eligibility list shall be prepared and posted with the respective ranking of all applicants based on the following weights: (1) Written examination score - 40% (2) Oral Board Examination score - 60% 100% 1 point for each year of service in the Department up to a maximum of 10 points - 10 points 110 maximum points -50- ARTICLE XI - EMPLOYEE -MANAGEMENT RELATIONS A. Labor Relations Committee. The City and the Association, having recognized that cooperation between management and employees is indispensable to the accomplishment of sound and harmonious labor relations, shall jointly maintain and support a labor relations committee. The labor-management commit- tee 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 consideration by the labor- management committee. The Association shall designate its representatives from the Association Executive Board. The City shall designate its representatives. The labor-management committee shall meet at the call of either the Association members or the City members at times mutually agreeable to both parties. B. Contract Administration. During fiscal year 1979-1980, the City shall conduct contract administration training and/or orientation tor all supervisors within the bargaining unit. The City shall also develop and im- plement 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 re- garding conduct which, if proven, may result in a suspension or indefinite -51- ARTICLE XI - cont'd. suspension, the following guidelines shall prevail: 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 investi- gation 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 neces- sary. 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 answering -52- ARTICLE XI - cont'd. questions. Nothing herein is to be construed as to prohibit the investigating officer from informing the employee that his conduct can become the subject of disciplinary action resulting in disciplinary punishment. 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. ' -53- -54- ARTICLE XII - IMPASSE PROCEDURES; POLITICAL ACTIVITIES PART I Negotiations for a new contract shall commence in accordance with Art. 5154c-1. If impasse should be reached as defined in Art. 5154c-1, either party may request mediation, and upon such request, the parties shall immediately proceed to choose one mediator as provided herein. The function and powers of the mediator shall be as specified in Art. 5154c-1, Sec. 9(c). The mediation shall extend for fourteen calendar days, or such other period as is mutually agreeable to the parties. If no agreement is reached through mediation, upon request of either party, the parties shall submit the dispute to one Factfinder, chosen as pro- vided herein. The Factfinder shall conduct a full and fair hearing on all unresolved issues. The hearing shall be informal and strict rules of evi- dence shall not apply. After hearing all evidence offered by the parties, and any evidence requested independently by the Factfinder, the Factfinder shall render a written decision making findings of fact and recommendations as to all matters in dispute. In the opinion the Factfinder shall state his reasons for his findings of fact and recommendations. In rendering such findings and recommendations the Factfinder shall exercise his independent judgment and shall not attempt to "split the difference." In making the findings of fact and recommendations the Factfinder shall consider the following evidence submitted to him by the parties or ob- tained at his direction: the overall compensation in the current contract including direct salary and fringe benefits; the income available to the City -55- ARTICLE XII - cont'd. and demands on that income; a comparison of wages, hours, and conditions of employment of Corpus Christi Police Officers with the wages, hours, and conditions of employment of other public and private employees performing similar services and with other employees generally in public and private employment in comparable communities and in Corpus Christi; the hazards of employment, physical, educational, and mental qualifications, job training and skills required of a Corpus Christi Police Officer; the cost of living in Corpus Christi relative to other communities; the rate of increase in the cost of living for the preceding twelve month period using localized data to the fullest extent feasible; and any current national or state policies or guidelines with respect to compensation. The selection of the mediator and the Factfinder shall occur as follows. When either party requests mediation or factfinding, the parties may agree to choose any mediator or factfinder or method of choosing same. If no agreement occurs within five days from the request, the parties shall request a list of seven neutrals from the American Arbitration Associa- tion (AAA). Upon receiving the list, the parties shall select the mediator or factfinder by alternately striking names. The request to AAA shall state the dates on which the neutrals must be available. The mediator and the fact - finder shall be selected within five days after receipt of the list from the AAA. The fee and expenses of the mediator and the factfinder shall be split equally between the City and the Association. All other expenses, including -56- ARTICLE XII - cont'd. witness fees, shall be paid by the party incurring the expense or calling the witness. If, within seven days after factfinding, the parties have failed to agree to a contract, the major, unresolved issues shall be submitted to the qualified voters of Corpus Christi in a referendum election according to the following procedure. The election shall be held on the first date permissible under state law. By agreement the parties may submit any issue or issues to the voters. If no such agreement is reached, then each party shall be entitled to submit two issues to the voters, each issue on one distinct topic. For example, each of these constitute a distinct issue: Salary, dependent health insurance coverage, promotional procedures, poli- tical activities. Each party will submit its two issues, and its alternatives to the other party's issues, so that the voters will vote on four distinct issues. Each voter will have the option of voting for all of the issues of one party, or for some issues of one party and some of the other. The issues submitted to the voters will appear on the ballot exactly as each respective party would have them appear in the contract. The decision on each issue by a majority of the voters voting on the issue at the referendum election shall be binding on the parties, subject to the laws of Texas, and shall be adopted as part of the collective bargaining agreement. In the ab- sence of agreement of the parties to the contrary, the term of the provisions adopted by the voters shall be the same as the term of the entire contract -57- ARTICLE XII - cont'd. entered into by the parties, or, in absence of such a contract, shall extend until the next July 31 following the election or until a new contract is agreed upon. The Association shall pay the cost of printing the ballots. All other costs of the election shall be paid by the City. The place of the respective parties on the ballot shall be determined by coin flip. PART II No police officer, no representative of the Association in any capacity, nor the Association as an entity, shall take an active part on or off duty in any political campaign of another for an elective position of the City or in any campaign to recall any elected official of the City. The term "active part" means making political speeches; distributing cards, circulars or other political literature; doing work of any kind at cam- paign headquarters; writing letters; signing petitions; advertising; actively soliciting votes or supporting candidates or recall of officials; making pub- lic derogatory remarks about candidates or officials involved in recall proceedings; or engaging in any similar political activities. Violation of this Part II by the Association or any representative thereof shall be grounds for the City to declare this Article 12 null and void. Whether this section on political activities has been violated by the Association or its representatives is a fact question which may be appealed to arbitra- tion by the Association within ten days of notice from the City that it believes a violation to exist. If the arbitrator finds that a violation -58- ARTICLE XII - cont'd. exists he must declare this Article 12 null and void. Violation of this Part II by an individual police officer shall be governed by standard pro- cedures for disciplinary actions. PART III The Association and the City agree that during the term of this Article 12 no request shall be made for submission of unresolved issues to arbitration under Art. 5154c-1 or any other statute, charter or ordinance provision, and that any such request shall be void and ineffective. Any provision of this Article 12 may be amended by written agree- ment of the parties. If the impasse procedures established herein shall be held invalid by the courts, all other provisions of this Article 12 shall become ineffective, unless the parties agree in writing to continue them in effect. -59- ARTICLE XIII - 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. -60- ARTICLE XIV - CLOSING CLAUSES A. The effective date of this agreement shall be August 1, 1979, except as otherwise provided herein, and the agreement shall remain in effect until midnight p.m. July 31, 1980, 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 Regulations of the Firemen's and Policemen's Civil Service Commission; and Rules and Orders of the Police Department of the City. C. If any article or section of this agreement should be found invalid, unlawful or unenforceable by reason of any existing or subsequent enacted legisla- tion 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 1. Marvin Townsend, City Manager Michael Burns, President ATTEST: Bill G. Read, City Secretary Harold Zick, Director of Finance Jimmy Bray, Assistant City Attorney -61_ AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES The City of Corpus Christi and the Corpus Christi Police Officers Association make the following agreements and stipulations as to their intention in entering into certain provisions of their 1978-79 collective bargaining contract: 1. It is agreed that it was intended by the Parties that all salary increases under the 1978-79 contract for Police Officers, Sergeants, and Lieutenants should be effective from and after August 1, 1978, according to the employee's continuous service in rank as stipulated in the Police Salary Schedule for fiscal year 1978-79. 2. It is further agreed that it was intended by the Parties to the contract that nothing in the contract was intended to, nor did it, change the previous method of calculating hours for overtime compensation, and that the City's longstanding, continuous, prior and current practice of carrying forward compensatory time at straight time accrual for hours worked in excess of the regular 40 -hour work week, resulting from shift changes, so as to average such time into 40 -hour per week increments, shall be con- tinued. Such calculations in the future shall be made over 13 biweekly pay periods. (six months). All such hours accrued in this manner for the six- month period in excess of 40 hours per week shall be paid at time and one-half. /s/ /s/ C. Delgado, President R. Marvin Townsend, City Manager Corpus Christi Police Officers' Association, Board of Directors Date: 12/20/78 Date: 11/25/78 -62- 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 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 -63- APPENDIX "B" SPECIAL ASSESSMENT DEDUCTION AUTHORIZATION CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION Assessment Title Code Payroll No. Employee No. Code No. Name Social 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 direct- ly to the Corpus Christi Police Officers' Association. The authorization 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 -64- 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 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 -65-